WorldWideScience

Sample records for liens court judgments

  1. 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.

  2. Liens on aircraft with special reference on statutory liens

    Directory of Open Access Journals (Sweden)

    Janković Svetislav

    2014-01-01

    Full Text Available The paper examines three types of liens on aircraft: mortgage (as contractual lien, statutory and judicial lien on aircraft. Special attention is paid to statutory liens and its relationship with mortgage and judicial lien on same aircraft. The author highlights the problem of priority of different type of secured creditors due to the fact of existing competition between their interests. This problem is especially enlarged because of simultaneously applying three different source of law: Cape Town Convention 2001, Serbian Law of Air Transport 2011 and Geneva Convention on the Recognition of Rights in Aircraft 1948. Conclusion is that the creditor with statutory lien on aircraft has the biggest priority in realization of his right over other creditors and even creditors secured with mortgage and judicial lien which have priority between themselves in comply with principle 'first in time, first in right'. In order to achieve the ideas of this conclusion in practice it is necessary for courts to use teleological interpretation in applying laws. This is especially because of certain inconsistencies between different legal sources in regard of notion, order of priority and effect of different type of liens on aircraft.

  3. Assisting the High Administrative Court in Restricting Too Broad a Concept of Academic Judgment.

    Science.gov (United States)

    Cardao-Pito, Tiago

    2016-01-01

    I have received substantial monetary compensation and a formal apology from my first doctoral school, and a Ph.D. from another university. This essay describes my personal view on discussing the boundaries of academic judgment and research supervision with the ombudsman agency for higher education, and at the High Administrative Court of England and Wales. The Court's judicial doctrine addresses substantial research accountability matters. It clarifies that although the Court and ombudsman agency must not interfere with academic judgment, not everything done by an academic can be considered as academic judgment. A Ph.D. supervisor can seriously fail to perform his/her duties.

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

    African Journals Online (AJOL)

    MJM Venter

    2017-12-05

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

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

    International Nuclear Information System (INIS)

    Sellner, D.

    1986-01-01

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

  6. 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.

  7. PRE-LIMINAR JUDGMENT OF PROCEDENCE IN REPLICATION SUITS BY MAGISTRATES: A VIABLE ALTERNATIVE AGAINST PROCESS DELAYS IN CIVIL STATE COURTS

    OpenAIRE

    Souza, Roberta Kelly Silva; Universitá di Pisa, UNIPI, Itália; Seixas, Bernardo Silva de; Universitá di Pisa, UNIPI, Itália

    2015-01-01

    Laws 9099/95, 10259/01 and 12152/09, which respectively regulate the Special State, Federal and Fiscal Courts, were published so that access to justice in Brazil may be broadened. However, after twenty years of the establishment of State Special Civil Courts, they are so full up with suits that they have not served their function to de-bureaucratize justice and provide a fast access to justice to the Brazilian population. Current study demonstrates that the application of pre-liminar judgment...

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

    Directory of Open Access Journals (Sweden)

    Radivojević Zoran

    2014-01-01

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

  9. 28 ATTITUDE OF NIGERIAN COURTS TO THE ENFORCEMENT OF ...

    African Journals Online (AJOL)

    Fr. Ikenga

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

  10. 7 CFR 3017.920 - Civil judgment.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil judgment. 3017.920 Section 3017.920 Agriculture... AGRICULTURE GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 3017.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction, whether...

  11. 29 CFR 1471.920 - Civil judgment.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Civil judgment. 1471.920 Section 1471.920 Labor Regulations... SUSPENSION (NONPROCUREMENT) Definitions § 1471.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction, whether by verdict, decision, settlement...

  12. 31 CFR 19.920 - Civil judgment.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Civil judgment. 19.920 Section 19.920... SUSPENSION (NONPROCUREMENT) Definitions § 19.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction, whether by verdict, decision, settlement...

  13. 29 CFR 98.920 - Civil judgment.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Civil judgment. 98.920 Section 98.920 Labor Office of the Secretary of Labor GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 98.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction...

  14. 24 CFR 242.77 - Liens.

    Science.gov (United States)

    2010-04-01

    ... liens other than the insured mortgage, except that the property may be subject to a lien as provided by... superior lien on accounts receivable as approved by HUD as collateral for a line of credit or other...

  15. 22 CFR 208.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Civil judgment. 208.920 Section 208.920 Foreign...) Definitions § 208.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

  16. 34 CFR 85.920 - Civil judgment.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 1 2010-07-01 2010-07-01 false Civil judgment. 85.920 Section 85.920 Education Office...) Definitions § 85.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

  17. 2 CFR 180.915 - Civil judgment.

    Science.gov (United States)

    2010-01-01

    ... 2 Grants and Agreements 1 2010-01-01 2010-01-01 false Civil judgment. 180.915 Section 180.915... § 180.915 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

  18. 22 CFR 1006.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Civil judgment. 1006.920 Section 1006.920...) Definitions § 1006.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

  19. 22 CFR 1508.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Civil judgment. 1508.920 Section 1508.920...) Definitions § 1508.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

  20. 41 CFR 105-68.920 - Civil judgment.

    Science.gov (United States)

    2010-07-01

    ... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Civil judgment. 105-68... Administration 68-GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 105-68.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction...

  1. The Acceptance of Court Judgments: the Influence of Procedural and Distributive Justice : Explaining a citizen’s choice to appeal in administrative legal procedures

    NARCIS (Netherlands)

    Boekema, I.M.

    2014-01-01

    The research aims to shed light on citizens’ perceptions of judicial procedures by focusing on the appeals procedure in administrative law. Especially, the study tries to clarify which motives might underlie an appeal by a citizen after a negative judgment by the court of first instance. Why does

  2. 21 CFR 1404.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Civil judgment. 1404.920 Section 1404.920 Food and...) Definitions § 1404.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

  3. Perceived Masculinity Predicts U.S. Supreme Court Outcomes

    Science.gov (United States)

    2016-01-01

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

  4. Perceived Masculinity Predicts U.S. Supreme Court Outcomes.

    Directory of Open Access Journals (Sweden)

    Daniel Chen

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

  5. Activist Infighting among Courts and Breakdown of Mutual Trust?

    DEFF Research Database (Denmark)

    Neergaard, Ulla; Sørensen, Karsten Engsig

    2017-01-01

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

  6. 12 CFR 701.39 - Statutory lien.

    Science.gov (United States)

    2010-01-01

    ... disclosing, in plain language, that the credit union has the right to impress and enforce a statutory lien... at any time before, the member incurs the financial obligation; (5) Statutory lien means the right... equitable right of set-off, prior to enforcing its statutory lien against the member's account. [64 FR 56956...

  7. The Civil Registry of Children Born of Surrogacy Pregnancy: An Investigation Based on Recent Spain Supreme Court Judgments

    Directory of Open Access Journals (Sweden)

    Anna Cristina de Carvalho Rettore

    2016-10-01

    Full Text Available In foreign law, there has been intense debates concerning civil registry of children born of surrogacy pregnancy, when such birth disrespects the country’s norms. Thus, based on the analysis of recent Spain Supreme Court judgments – that is, through a juridical-comparative investigation, using primary and secondary sources –, and considering that although Brazil lacks an express federal law about the issue, a Resolution of the Federal Counsel of Medicine establishing parameters is being generally applied, the paper aims to answer whether or not Brazilian registry should be facilitated for births (demonstrated as not uncommon that disregard such parameters.

  8. 25 CFR 11.501 - Judgments in civil actions.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Judgments in civil actions. 11.501 Section 11.501 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.501 Judgments in civil actions. (a) In all civil cases, judgment shall...

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

    Directory of Open Access Journals (Sweden)

    Kreća Milenko

    2014-01-01

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

  10. [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.

  11. THE JURISDICTION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION TO DELIVER A CANCELLATION JUDGMENT REGARDING THE INTERNATIONAL AGREEMENTS TO WHICH THE EU IS PARTY

    Directory of Open Access Journals (Sweden)

    Roxana-Mariana POPESCU

    2016-06-01

    Full Text Available In the case where international agreements are treated as legal acts of EU institutions, they may be subject to judicial review exercised by the Court in Luxembourg. Given the fact that we assimilate international agreements to legal acts of the European Union, we would be tempted to ask ourselves the following questions: to what extent declaring an agreement, by a judgment of the Court of Justice of the EU delivered in the action for cancellation, as being inapplicable to the EU legal order, affects the security of international relationships? If these relationships are affected, is it possible to exclude the subsequent verification conducted by the Court? In the study below, our purpose is to find answer to these questions.

  12. The Legal Nature Of A Lien In South African Law

    OpenAIRE

    Mitzi Wiese

    2014-01-01

    The South African law acknowledges two types of liens or rights of retention, namely enrichment liens and contractual liens (also known as debtor and creditor liens). Enrichment liens are regarded as limited real rights which are enforceable against the owner of the thing. Contractual liens are not regarded as limited real rights: sometimes they are referred to as personal rights which are enforceable only inter partes. Thus, a lien is classified as a right (subjektiewe reg) (ie a real right ...

  13. 30 CFR 882.14 - Satisfaction of liens.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Satisfaction of liens. 882.14 Section 882.14... ABANDONED MINE LAND RECLAMATION RECLAMATION ON PRIVATE LAND § 882.14 Satisfaction of liens. (a) A lien... from time to time as may be required under State or local law. (c) Moneys derived from the satisfaction...

  14. 27 CFR 70.141 - Lien for taxes.

    Science.gov (United States)

    2010-04-01

    ... intangible, belonging to such person. The lien attaches to all property and rights to property belonging to such person at any time during the period of the lien, including any property or rights to property... 27 Alcohol, Tobacco Products and Firearms 2 2010-04-01 2010-04-01 false Lien for taxes. 70.141...

  15. 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.

  16. The gloss to the Court of Justice of the European Union judgment dated 16th of November 2017 in case Kozuba Premium Selection Sp. z o.o. (limited liability company versus Director of Tax Chamber in Warsaw (Poland, C-308/16

    Directory of Open Access Journals (Sweden)

    Joanna Koziollek

    2018-03-01

    Full Text Available The voting judgment of the Court of Justice of the European Union concerns the interpretation of the concept of first settlement in the European Union tax law as well as the possibility of introducing limitations of this concept in national laws. The subject of the CJEU judgment issued in connection with the question asked by the Polish Supreme Administrative Court, bearing in mind the specificity of preliminary rulings, is not the interpretation of factual issues that were raised before the national court or even more the settlement of possible differences resulting from the understanding of internal laws of the member states. The answer given by the CJEU, as well as the argumentation adopted by this Court, allows to make important findings regarding the proper implementation of the provisions of Directive 112 into the Polish legal system, and consequently to clarify existing doubts regarding the concept of first settlement.

  17. The legal nature of a lien in South African law | Wiese ...

    African Journals Online (AJOL)

    The South African law acknowledges two types of liens or rights of retention, namely enrichment liens and contractual liens (also known as debtor and creditor liens). Enrichment liens are regarded as limited real rights which are enforceable against the owner of the thing. Contractual liens are not regarded as limited real ...

  18. 26 CFR 20.6321 - Statutory provisions; lien for taxes.

    Science.gov (United States)

    2010-04-01

    ... addition thereto) shall be a lien in favor of the United States upon all property and rights to property... 26 Internal Revenue 14 2010-04-01 2010-04-01 false Statutory provisions; lien for taxes. 20.6321... Administration § 20.6321 Statutory provisions; lien for taxes. Sec. 6321. Lien for taxes. If any person liable to...

  19. The Legal Nature Of A Lien In South African Law

    Directory of Open Access Journals (Sweden)

    Mitzi Wiese

    2014-12-01

    Full Text Available The South African law acknowledges two types of liens or rights of retention, namely enrichment liens and contractual liens (also known as debtor and creditor liens. Enrichment liens are regarded as limited real rights which are enforceable against the owner of the thing. Contractual liens are not regarded as limited real rights: sometimes they are referred to as personal rights which are enforceable only inter partes. Thus, a lien is classified as a right (subjektiewe reg (ie a real right or a personal right. This article reflects on the correctness of this classification of liens. The term "right" can have various meanings and the aim of this article is to determine the exact meaning of the term "right" in the context of "right of retention". In my opinion a lien is not a right. I therefore reject the classification of liens into contractual liens and enrichment liens with its concomitant consequences. A lien is a defence against an ownerʹs rei vindicatio in that it allows a creditor (a lienholder to retain control of the ownerʹs thing until the debt has been paid. Because the law grants a defence to a creditor in control of a thing, the owner cannot succeed with her rei vindicatio. A distinction should be drawn between an entitlement that flows from a right (it describes the content of the right and a competency or capacity which emanates directly from the law. A lien is not an entitlement flowing from a lienholderʹs personal right - based on a contract or an enrichment claim - against the debtor. It is rather a capacity to withhold because the law grants this defence. The term "capacity" is not used in a technical sense but rather in the context of the ability to withhold, which is granted by the law.

  20. 48 CFR 1252.217-78 - Discharge of liens.

    Science.gov (United States)

    2010-10-01

    ... lien or right in rem of any kind, other than in favor of the Government, that exists or arises in connection with work done or materials furnished under this contract. (b) If any such lien or right in rem is... to be discharged, the lien or right. (End of clause) ...

  1. 48 CFR 252.217-7014 - Discharge of liens.

    Science.gov (United States)

    2010-10-01

    ... discharged, any lien or right in rem of any kind, other than in favor of the Government, that exists or...) If any lien or right in rem is not immediately discharged, the Government, at the expense of the Contractor, may discharge, or cause to be discharged, the lien or right. (End of clause) ...

  2. 48 CFR 1352.271-81 - Discharge of liens.

    Science.gov (United States)

    2010-10-01

    ...) The contractor shall immediately discharge or cause to be discharged any lien or right in rem of any... done or materials furnished under the contract. If any such lien or right in rem is not immediately discharged, the Government may discharge or cause to be discharged such lien or right at the expense of the...

  3. The Acceptance of Court Judgments: the Influence of Procedural and Distributive Justice : Explaining a citizen’s choice to appeal in administrative legal procedures

    OpenAIRE

    Boekema, I.M.

    2014-01-01

    The research aims to shed light on citizens’ perceptions of judicial procedures by focusing on the appeals procedure in administrative law. Especially, the study tries to clarify which motives might underlie an appeal by a citizen after a negative judgment by the court of first instance. Why does one citizen appeal, while another chooses to end the conflict? Do citizens make this choice in a ‘rational’ fashion, weighing costs and benefits, or does this choice depend on normative consideration...

  4. Attitude of Nigerian courts to the enforcement of foreign judgments ...

    African Journals Online (AJOL)

    ... serious need of reform. The study therefore called on the Nigerian Minister of Justice to do the needful so that the position of the law as it pertains to the enforcement of foreign judgment in Nigeria will be well settled and devoid of ambiguity. Keywords: Foreign Judgment, Enforcement, Registration, Recognition, Commerce ...

  5. 26 CFR 301.6321-1 - Lien for taxes.

    Science.gov (United States)

    2010-04-01

    ... accrue in addition thereto) shall be a lien in favor of the United States upon all property and rights to... “qualified tax”, as defined in paragraph (b) of § 301.6361-4. The lien attaches to all property and rights to... rights to property acquired by such person after the lien arises. Solely for purposes of sections 6321...

  6. Public Interests in the International Court of Justice—A Comparison Between Nuclear Arms Race and South West Africa

    NARCIS (Netherlands)

    Venzke, I.

    2017-01-01

    In the present essay I compare the 2016 judgment of the International Court of Justice (ICJ) in Nuclear Arms Race (Marshall Islands v. United Kingdom) with the Court's 1966 judgment in South West Africa (Ethiopia v. South Africa; Liberia v. South Africa). A series of similarities between the two

  7. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

    Full Text Available Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociological methods of cognitive psychology and philosophy. Results In ordinary life people who assess other peoplersaquos judgments typically take into account the other judgments of those they are assessing in order to calibrate the judgment presently being assessed. The restaurant and hotel rating website TripAdvisor is exemplary because it facilitates calibration by providing access to a raterrsaquos previous ratings. Such information allows a user to see whether a particular rating comes from a rater who is enthusiastic about every place she patronizes or instead from someone who is incessantly hard to please. And even when less systematized as in assessing a letter of recommendation or college transcript calibration by recourse to the decisional history of those whose judgments are being assessed is ubiquitous. Yet despite the ubiquity and utility of such calibration the legal system seems perversely to reject it. Appellate courts do not openly adjust their standard of review based on the previous judgments of the judge whose decision they are reviewing nor do judges in reviewing legislative or administrative decisions magistrates in evaluating search warrant representations or jurors in assessing witness perception. In most legal domains calibration by reference to the prior decisions of the reviewee is invisible either because it does not exist or because reviewing bodies are unwilling to admit using what they in fact know and employ. Scientific novelty for the first

  8. 24 CFR 266.415 - Mortgage lien and other obligations.

    Science.gov (United States)

    2010-04-01

    ... determine, that all contractual obligations in connection with the mortgage transaction, including the... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Mortgage lien and other obligations... Mortgage and Closing Requirements; HUD Endorsement § 266.415 Mortgage lien and other obligations. (a) Liens...

  9. 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

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

    NARCIS (Netherlands)

    Langbroek, Philip; van der Linden - Smith, Tina

    2014-01-01

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

  11. 48 CFR 3052.217-97 - Discharge of liens (USCG).

    Science.gov (United States)

    2010-10-01

    ...) (a) The Contractor shall immediately discharge or cause to be discharged, any lien or right in rem of... materials furnished under this contract. (b) If any such lien or right in rem is not immediately discharged... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Discharge of liens (USCG...

  12. 48 CFR 871.107 - Stipulations against liens.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Stipulations against liens... Guaranty and Direct Loan Programs 871.107 Stipulations against liens. (a) In a contract for an amount less... include the following: The contractor expressly waives any and all rights to file or maintain any...

  13. 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

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

    Directory of Open Access Journals (Sweden)

    Dimitrijević Marko

    2016-01-01

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

  15. People's Judgments About Classic Property Law Cases.

    Science.gov (United States)

    DeScioli, Peter; Karpoff, Rachel

    2015-06-01

    People's judgments about property shape how they relate to other people with respect to resources. Property law cases can provide a valuable window into ownership judgments because disputants often use conflicting rules for ownership, offering opportunities to distinguish these basic rules. Here we report a series of ten studies investigating people's judgments about classic property law cases dealing with found objects. The cases address a range of issues, including the relativity of ownership, finder versus landowner rights, object location, objects below- versus above-ground, mislaid versus lost objects, contracts between landowners and finders, and the distinction between public and private space. The results show nuanced patterns in ownership judgments that are not well-explained by previous psychological theories. Also, people's judgments often conflict with court decisions and legal principles. These empirical patterns can be used to generate and test novel hypotheses about the intuitive logic of ownership.

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

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

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

  17. 26 CFR 25.6324-1 - Special lien for gift tax.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 14 2010-04-01 2010-04-01 false Special lien for gift tax. 25.6324-1 Section 25... GIFT TAXES GIFT TAX; GIFTS MADE AFTER DECEMBER 31, 1954 Procedure and Administration § 25.6324-1 Special lien for gift tax. For regulations concerning the special lien for the gift tax, see § 301.6324-1...

  18. 20 CFR 725.603 - Payments by the fund on behalf of an operator; liens.

    Science.gov (United States)

    2010-04-01

    ... LABOR FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED CLAIMS FOR BENEFITS UNDER PART C OF... lien imposed under this section shall be treated in the same manner as a lien for taxes due and owing... determine the priority between the lien imposed under this section and the Federal tax lien, each lien shall...

  19. 10 CFR 609.16 - Perfection of liens and preservation of collateral.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Perfection of liens and preservation of collateral. 609.16... THAT EMPLOY INNOVATIVE TECHNOLOGIES § 609.16 Perfection of liens and preservation of collateral. (a... to perfect and maintain liens, as applicable, on assets which are pledged as collateral for the...

  20. 20 CFR 702.161 - Liens against assets of insurance carriers and employers.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Liens against assets of insurance carriers... AND PROCEDURE General Provisions Liens on Compensation § 702.161 Liens against assets of insurance..., be subrogated to all the rights of the person receiving such payments. The Secretary may institute...

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

    International Nuclear Information System (INIS)

    Anon.

    1984-01-01

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

  2. 26 CFR 301.6325-1 - Release of lien or discharge of property.

    Science.gov (United States)

    2010-04-01

    ... sale before satisfaction of any Federal tax liens or claims of the United States. (4) Right of... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Release of lien or discharge of property. 301....6325-1 Release of lien or discharge of property. (a) Release of lien—(1) Liability satisfied or...

  3. 27 CFR 70.151 - Administrative appeal of the erroneous filing of notice of Federal tax lien.

    Science.gov (United States)

    2010-04-01

    ... rights to property of such person for a release of lien alleging an error in the filing of notice of lien... the erroneous filing of notice of Federal tax lien. 70.151 Section 70.151 Alcohol, Tobacco Products... Lien for Taxes § 70.151 Administrative appeal of the erroneous filing of notice of Federal tax lien. (a...

  4. Protection of asylum seekers and illegal migrants human rights: Practice of the European Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Đukanović Anđela

    2015-01-01

    Full Text Available Protection of asylum seeker and Illegal migrants human rights, has often been difficult due to the need of states to regulate unwanted migration flows. European Court of Human Rights plays an important role in protecting the rights of these individuals, through a set of human rights. Requests for interim measures under Rule 39 of the Rules of Court also have great importance. In cases involving illegal migrants and asylum-seekers, Court was often in difficult position, given the contradictions that could arise from the protection of human rights and the legitimate aim of the Contracting States to control the entry, residence and expulsion of aliens. Recent Courts judgment in case of M. S. S. against Belgium is particularly important, because of its remarkable influence on the perception of a common asylum system in the EU, as well as the judgment in the case of Jama Hirsi and Others v. Italy.

  5. 40 CFR 312.25 - Searches for recorded environmental cleanup liens.

    Science.gov (United States)

    2010-07-01

    ... cleanup liens. 312.25 Section 312.25 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW PROGRAMS INNOCENT LANDOWNERS, STANDARDS FOR... cleanup liens. (a) All appropriate inquiries must include a search for the existence of environmental...

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

    African Journals Online (AJOL)

    user1

    that in this judgment the Court based its sentence not only on the seriousness of the ... community should affect the sentencing judge's practice is not an easy one to answer. ... mankind and represent a permanent threat to man and humanity.

  7. 7 CFR 1962.6 - Liens and assignments on chattel property.

    Science.gov (United States)

    2010-01-01

    ..., RURAL BUSINESS-COOPERATIVE SERVICE, RURAL UTILITIES SERVICE, AND FARM SERVICE AGENCY, DEPARTMENT OF... Security § 1962.6 Liens and assignments on chattel property. (a) Chattel property not covered by Agency... borrower, a crop lien will be taken as additional security when the County Supervisor determines in...

  8. Priority issues affecting operators' and suppliers' liens: the Alberta perspective

    International Nuclear Information System (INIS)

    Corbett, W.T.

    1996-01-01

    Selected aspects of priority issues in contractual obligations in the petroleum industry were discussed, focusing on the priority issues claimed by suppliers and operators with respect to Alberta properties. Discussions touched upon suppliers' lien rights in Alberta, operators' set-off rights, and on some of the priority issues involving operators' liens

  9. 77 FR 38457 - Blocking Property of the Government of the Russian Federation Relating to the Disposition of...

    Science.gov (United States)

    2012-06-27

    ... may be subject to attachment, judgment, decree, lien, execution, garnishment, or other judicial..., any attachment, judgment, decree, lien, execution, garnishment, or other judicial process is null and...)). [[Page 38461

  10. 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

  11. False Testimony and Oath: Reopening a Legal Case in Iranian Courts

    Directory of Open Access Journals (Sweden)

    Iman Zeajeldi

    2017-02-01

    Full Text Available In Iranian legal laws, hearing a case ends by issuing the final judgment. However, the law has provided conditions where the individuals can apply for retrial so that their rights will be protected and losses will be prevented. This means that court will rehear a case for which it has issued a final judgment. Now, each of the parties to the claim who has applied for reopening must prove the conditions of reopening. One of the conditions is proving the falsehood in the claim. Yet, the question is ‘under which conditions the falsehood brings about the annulment of the judgment issued’. The present research aims to study the effects of falsehood cases in the possibility of applying for reopening and annulling the judgment issued.

  12. 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.

  13. the south african constitutional court and the rule of law

    African Journals Online (AJOL)

    cmps073

    Following Masethla's delivery of court papers to challenge the decision to suspend him as unlawful, a ... The separate concurring judgment of Sachs J is not discussed. ... and that he must assume political responsibility for the control and direction of these .... On this interpretation of the rule of law, procedural fairness is a firm.

  14. Nudging Domestic Judicial Reforms from Strasbourg: How the European Court of Human Rights shapes domestic judicial design

    Directory of Open Access Journals (Sweden)

    David Kosař

    2017-03-01

    Full Text Available This article discusses to what extent and how the European Court of Human Rights (ECtHR has initiated and engaged in domestic judicial reforms. It shows that the judgments of the Strasbourg Court, rather than having effects only with respect to the individual whose rights have been violated, have much deeper structural effects in the design and operation of domestic judicial systems. This article argues that this phenomenon goes rather unnoticed, but it has deep implications for both the developing and developed European democracies. To demonstrate this phenomenon, this article assesses the impact of the ECtHR on three judicial design issues. First, it illustrates how the ECtHR has challenged the role of the advocates general. Second, it explains how the ECtHR has gradually curbed the jurisdiction of military courts both over civilians and over military officers, which has brought these courts to the brink of their abolition. Finally, it outlines how the ECtHR in its judgments regarding the disciplining of judges empowers the judiciary at the expense of other political institutions within the State. Based on the analysis of these three judicial design issues, we conclude that the Strasbourg Court is affecting the internal architecture of domestic judiciaries as it gradually endorses the unification of court administration and changes the power structures within the judiciary.

  15. 7 CFR 1427.12 - Liens.

    Science.gov (United States)

    2010-01-01

    ... tendered as collateral for a loan, even though the liens or encumbrances are satisfied from the loan... less than $50,000. (b) CCC may elect to accept cotton as loan collateral that has warehouse receiving... AGRICULTURE LOANS, PURCHASES, AND OTHER OPERATIONS COTTON Nonrecourse Cotton Loan and Loan Deficiency Payments...

  16. 77 FR 10775 - United States v. SG Interests I LTD., et al.; Proposed Final Judgment and Competitive Impact...

    Science.gov (United States)

    2012-02-23

    ... a related qui tam case also filed in United States District Court for the District of Colorado... PROPOSED FINAL JUDGMENT The proposed Final Judgment relates to a qui tam action captioned United States ex... this action and the qui tam action arise from common facts related to BLM auctions in February 2005 and...

  17. 10 CFR 611.108 - Perfection of liens and preservation of collateral.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Perfection of liens and preservation of collateral. 611... of collateral. (a) The Agreement and other documents related thereto shall provide that: (1) DOE and... necessary to perfect and maintain liens, as applicable, on assets which are pledged as collateral for the...

  18. 7 CFR 1962.8 - Liens on real estate for additional security.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 14 2010-01-01 2009-01-01 true Liens on real estate for additional security. 1962.8..., RURAL BUSINESS-COOPERATIVE SERVICE, RURAL UTILITIES SERVICE, AND FARM SERVICE AGENCY, DEPARTMENT OF... Security § 1962.8 Liens on real estate for additional security. The County Supervisor may take the best...

  19. 27 CFR 70.206 - Discharge of liens; redemption by United States.

    Science.gov (United States)

    2010-04-01

    ... this section, shall constitute prima facie evidence of the regularity of the redemption. When a... include the amount of the obligation secured by such lien to the extent legally satisfied by reason of the... obligation secured by such lien to the extent legally satisfied by reason of the sale and (B) Any additional...

  20. Ambulatory care and the law: lien claims where none exist as of right.

    Science.gov (United States)

    Balko, G A

    1995-01-01

    The health care provider, whether an individual or an institution, needs to pay attention to appropriate mechanisms to ensure payment for services or repayment for benefits provided. While statutes provide some protection for large institutions, including health care providers, individual health care providers often are left to their own devices. The employment of a well drafted voluntary lien agreement can not only secure a right of recover against a patient, but where the patient pursues a personal injury claim through an attorney, can also give the health care provider recourse to patient's attorney. Knowing how to assert these liens, what funds are reachable by these lien, and what time factors must be adhered to in order to make the liens effective, are vital to a health care provider's financial well-being.

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

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

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

  2. Recognition and enforcement of foreign judgments in the Law of Iran and England: a comparative study

    Directory of Open Access Journals (Sweden)

    Abasat Pour Mohammad

    2017-07-01

    Full Text Available The aim of this study was to Recognition and Enforcement of Foreign Judgments in the Law of Iran and England: A Comparative Study. There are a lot of similarities and commonalities between the legal system of Iran and England in the field of recognition and enforcement of the foreign judgments including public discipline and conflicting judgments. Public discipline in England Law is more specific than that of Iran. Being a civil case of the judgment, impossibility of recognition, enforcement of tax and criminal judgments are among the similarities of the two systems. On the other hand, reciprocity, precise of the foreign court, and the jurisdiction governing the nature of the claim are among instances which are different in Iran and England legal systems on the recognizing of the enforcement of foreign judgments.

  3. The constitutional court review of judicial decisions

    Directory of Open Access Journals (Sweden)

    Stojanović Dragan M.

    2016-01-01

    Full Text Available In principle, the constitutional precepts envisage that judicial decisions are not subject to extrajudicial control. However, in the course of deciding on constitutional complaints, the Constitutional Court reviews the compliance of individual legal acts and actions of state authorities with the Constitution, including court decisions on cases involving the constitutionally guaranteed rights. Hence, in order to eliminate tension or even contradiction between the constitutional precepts, the constitutional review of judicial decisions should be considered as a special form of judicial control, regardless of the fact that the Constitutional Court is not part of the judicial structure in the strict organizational sense. Thus, unlike the cases where the Court is involved in the normative control of the applicable law, in the process of reviewing judicial decision of lower courts the constitutional judiciary acts in the capacity of a specific judicial authority. According to another possible interpretation of the aforementioned constitutional norms, the direct constitutional protection of the constitutionally guaranteed rights may only be pursued in the process of reviewing individual legal acts and actions of state authorities, but not by pursuing a judicial review of court decisions which the Constitutional Court has no jurisdiction to decide upon. Thus, the dogma of judicial independence would prevail over the dogma of direct protection of fundamental rights. The third interpretation of this relationship maintains that that judicial decisions may be subject to control but, in this specific case, the Constitutional Court may only issue an opinion (a statement rather than a binding decision which would cancel the lower court judgment. Then, it is up to the judicial authorities of the lower instance to adjust their judicial decision, which in the opinion of the Constitutional Court constitutes a violation of the constitutionally guaranteed rights

  4. 31 CFR 353.22 - Payment or reissue pursuant to judgment.

    Science.gov (United States)

    2010-07-01

    ... pursuant to judgment. (a) Divorce. The Department of the Treasury will recognize a divorce decree that... divorce decree does not set out the terms of the property settlement agreement, a certified copy of the... person found by a court to be entitled by reason of a gift causa mortis from the sole owner. (c) Date for...

  5. 26 CFR 301.7425-4 - Discharge of liens; redemption by United States.

    Science.gov (United States)

    2010-04-01

    ... pursuant to paragraph (c)(1) of this section, shall constitute prima facie evidence of the regularity of... the holder of the lien being foreclosed, shall include the amount of the obligation secured by such... lien being foreclosed, the actual amount paid is the sum of (A) the amount of the obligation secured by...

  6. 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

    Abstract: Background: 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. Methods: 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. Results: 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. Conclusions: The sentences analyzed showed that for different types of victims, there are behaviors, motives and consequences that are linked to different types of perpetrators. PMID:29187725

  7. 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.

  8. 24 CFR 232.545 - Covenant against liens.

    Science.gov (United States)

    2010-04-01

    ... URBAN DEVELOPMENT MORTGAGE AND LOAN INSURANCE PROGRAMS UNDER NATIONAL HOUSING ACT AND OTHER AUTHORITIES MORTGAGE INSURANCE FOR NURSING HOMES, INTERMEDIATE CARE FACILITIES, BOARD AND CARE HOMES, AND ASSISTED... Fire Safety Equipment Eligible Security Instruments § 232.545 Covenant against liens. (a) The security...

  9. 26 CFR 301.6326-1 - Administrative appeal of the erroneous filing of notice of federal tax lien.

    Science.gov (United States)

    2010-04-01

    ... tax lien. (a) In general. Any person may appeal to the district director of the district in which a notice of federal tax lien was filed on the property or rights to property of such person for a release... of notice of federal tax lien. 301.6326-1 Section 301.6326-1 Internal Revenue INTERNAL REVENUE...

  10. 76 FR 52305 - Notice of Funding Availability: Section 515 Multi-Family Housing Preservation Revolving Loan Fund...

    Science.gov (United States)

    2011-08-22

    ... intermediary. (iii) Be in compliance with all Rural Development programs and civil rights requirements or have... delinquent debt to the Federal Government including a non- tax judgment lien (other than a judgment in the U..., subordinating its security interest on the ultimate recipient's property to the lien of the intermediary so that...

  11. The Lack Of A Proper System In The Application Of Irdr (Resolution Incident For Repetitive Demands In The Civil Special Courts System (Jecs

    Directory of Open Access Journals (Sweden)

    Marcelo Tadeu de Assunção Sobrinho

    2016-12-01

    Full Text Available The article deals with the Implementation of resolution incident for repetitive demands in the Small Claims Courts, which resulted in the breakdown of their autonomy to the following: interference of the Courts of Justice in standardizing the interpretation of the Courts decisions (CPC, art. 977 and authorization for the Superior Court of Justice (STJ to proceed to the judgment of the special appeal in repetitive demands (CPC, art. 987. The unsystematic was compounded as from the transfer by the STJ jurisdiction to adjudicate complaints to the courts of origin of the JEC's (Resolution 12/2009, as amended by Resolution 3/2016.

  12. 7 CFR 1744.30 - Automatic lien accommodations.

    Science.gov (United States)

    2010-01-01

    ... Government mortgage to secure the private lender notes including, but not limited to, those of the private... affiliated companies with the proceeds of private lender notes qualifying for an automatic lien accommodation... forth in this section. (b) Private lender responsibility. The private lender is responsible for ensuring...

  13. Feminist Judgments as Teaching Resources

    Directory of Open Access Journals (Sweden)

    Rosemary Hunter

    2012-10-01

    Full Text Available This paper discusses feminist judgments as a specific vehicle for teaching students to think critically about law. The analysis of appellate judgments forms a central plank of Anglo-Commonwealth and US jurisprudence and legal education. While academic scholarship generally offers various forms of commentary on decided cases, feminist judgment-writing projects have recently embarked on a new form of critical scholarship. Rather than critiquing judgments from a feminist perspective in academic essays, the participants in these projects have set out instead to write alternative judgments, as if they had been one of the judges sitting on the court at the time. After introducing the UK Feminist Judgments Project and describing what is ‘different’ about the judgments it has produced, the paper explains some of the ways in which these judgments have been used in UK law schools to teach critical thinking. The paper finally speculates on the potential production and application of feminist judgments or their equivalents beyond the common law context. Este artículo analiza las sentencias feministas como un vehículo específico para enseñar a los estudiantes a analizar el derecho desde un punto de vista crítico. El análisis de las sentencias de apelación constituye un elemento central de la jurisprudencia y la enseñanza del derecho en los países angloamericanos y de la Commonwealth. Mientras la comunidad académica ofrece generalmente diversas formas de comentario de casos resueltos, los proyectos de literatura judicial feminista se han embarcado recientemente en un nuevo sistema de crítica académica. En lugar de redactar ensayos académicos criticando las sentencias judiciales desde una perspectiva feminista, los participantes de estos proyectos se han propuesto redactar sentencias alternativas, como si hubieran sido uno de los jueces del tribunal en cuestión. Después de presentar el Proyecto de Sentencias Feministas del Reino Unido y

  14. The Many Faces of Compliance: The Supreme Court's Decision in "Horne v. Flores"

    Science.gov (United States)

    Thro, William E.

    2009-01-01

    At first blush, the Supreme Court's recent decision in "Horne v. Flores" (2009) appears to be about the proper standard for determining when to modify a previous judgment, a topic that would interest only civil procedure geeks. Yet, on closer examination, "Horne" is about giving local and state officials discretion to solve education problems and,…

  15. Abortion, sexual abuse and medical control: the Argentinian Supreme Court decision on F., A.L.

    Directory of Open Access Journals (Sweden)

    María Eugenia Monte

    Full Text Available Abstract In Argentina, during the 2000s but increasingly since 2005 up to 2016, women and feminist´s organizations and lawyers disputed over the abortion juridical regulation at Courts facing conservative resistances. These disputes could be located in a broader process of judicialization of the socio-political conflict over abortion. The Argentinian Supreme Court took a decision over one of these judicial processes on March 13th, 2012, F., A.L. This paper analyses the Argentinian Supreme Court decision on F., A.L. regarding non-punishable abortion boundaries, medical and judicial practices and, specifically, sexual abuse and medical control. It also analyses its material effects on a subsequent struggle and judgment in the province of Córdoba.

  16. Case Report: Access to Personal Data and the Right to Good Governance during Asylum Procedures after the CJEU’s YS. and M. and S. judgment

    NARCIS (Netherlands)

    Brouwer, E.R.; Zuiderveen Borgesius, F.J.

    2015-01-01

    In the YS. and M. and S. judgment, the Court of Justice of the European Union ruled on three procedures in which Dutch judges asked for clarification on the right of asylum seekers to have access to the documents regarding the decision on asylum applications. The judgment is relevant for

  17. [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.

  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. Tax Court allows tax credit for herbs and vitamins, not for massage.

    Science.gov (United States)

    Elliott, Richard

    2002-03-01

    In August 2001, the Tax Court of Canada issued its most recent judgment on the tax deductability of expenses for complementary/alternative therapies. The decision in Pagnotta v Canada is significant for people with HIV/AIDS who use such therapies. It also illustrates how provincial and federal laws regulating health-care practitioners and natural health products have a financial impact on the cost of accessing treatment.

  20. 26 CFR 301.7432-1 - Civil cause of action for failure to release a lien.

    Science.gov (United States)

    2010-04-01

    ... district in which the notice of federal tax lien was filed. (2) Form. The administrative claim shall... the notice of federal tax lien affecting the taxpayer's property, if available; (iii) A copy of the... of this paragraph, a duly authorized representative is any attorney, certified public accountant...

  1. Performance evaluation of court in construction claims settlement of litigation

    Science.gov (United States)

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

    2017-06-01

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

  2. 76 FR 18384 - Withdrawal of Regulations Related to Validity and Priority of Federal Tax Lien

    Science.gov (United States)

    2011-04-04

    ... furnishing of goods) made under a written agreement which was entered into before tax lien filing and which... DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 301 [TD 9520] RIN 1545-BG13 Withdrawal of Regulations Related to Validity and Priority of Federal Tax Lien AGENCY: Internal Revenue...

  3. Allegheny County Tax Liens (Filings, Satisfactions, and Current Status)

    Data.gov (United States)

    Allegheny County / City of Pittsburgh / Western PA Regional Data Center — Tax liens are a method the government uses to secure an interest in unpaid tax debt. This dataset represents information about county, municipal, school district,...

  4. The CISG in Denmark and Danish Courts

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2011-01-01

    In this article the author explores key aspects of Denmark’s reception and implementation of the 1980 United Nations Convention on Contracts for the International Sales of Goods (CISG). Placing the treaty within its larger private law context, the author explains the complexity and confusion...... the problematical relationship between these international obligations and the Danish judicial tradition of formulating premises so brief that they shed little light on the decision’s underlying rationale ( ratio decidendi ). Following analysis and critique of three Danish CISG court judgments which help illustrate...... these propositions, the author proposes corrective steps designed to further a more international (and less parochial) approach to the CISG....

  5. Will the judgment in the Hague trial constitute a precedent in international law

    Directory of Open Access Journals (Sweden)

    Bojanić Petar

    2006-01-01

    Full Text Available On the great crime (mala in se; scelus infandum and sovereignty In this text we are attempting to think the International Criminal Tribunal for the former Yugoslavia together, and always with its necessary connection to the International Court of Justice and International Criminal Court. By paraphrasing the title of another work, the long forgotten Hans Kelsen text from 1947 (today usually used by detractors of the Tribunal "Will the Judgment in the Nuremberg Trial constitute a Precedent in International Law?", I wish to distinguish between the two Tribunals (as well as The Treaty of Versaille,and in so doing treat international law as legislative history or judicial precedents (and their recognition.

  6. 24 CFR 241.555 - Security instrument and lien.

    Science.gov (United States)

    2010-04-01

    ... that a default under the first mortgage is a default under the supplementary loan security instrument... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Security instrument and lien. 241... HOUSING AND URBAN DEVELOPMENT MORTGAGE AND LOAN INSURANCE PROGRAMS UNDER NATIONAL HOUSING ACT AND OTHER...

  7. 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.

  8. Higher Regional Court Celle, judgment of December 9, 1986 (legal term of radioactive waste)

    International Nuclear Information System (INIS)

    Anon.

    1987-01-01

    In its decision of December 9, 1986, the Higher Regional Court in Celle deals with the legal term of radioactive waste. The definition does not result from sec. 1 para. 1 of the Waste Disposal Act but from sec. 9 a para. 1 Atomic Energy Act. (WG) [de

  9. The Spanish Constitutional Rights Court and its interpretation of the Term 'Feminism

    OpenAIRE

    Alejandra Germán Doldán

    2015-01-01

    The Constitutional Tribunal, the highest judicial court involved in the interpretation of the Spanish Constitution, has issued numerous judgments of high technical value in order to advance gender equality. Its decisions had widely developed, as a guarantee, the prohibition of gender discrimination included in Article 14 of the Spanish Constitution. However, these decisions had not always employed theoretically accurate concepts or adequately refined conceptual models This article is a critic...

  10. Access to Personal Data and the Right to Good Governance during Asylum Procedures after the CJEU’s YS and M. and S. judgment (C-141/12 and C-372/12)

    NARCIS (Netherlands)

    Brouwer, E.; Zuiderveen Borgesius, F.

    2015-01-01

    In the YS. and M. and S. judgment, the Court of Justice of the European Union ruled on three procedures in which Dutch judges asked for clarification on the right of asylum seekers to have access to the documents regarding the decision on asylum applications. The judgment is relevant for

  11. Court orders on procreation.

    Science.gov (United States)

    Matevosyan, Naira R

    2016-01-01

    The aim of this study is to empirically evaluate judgments entered from 1913 to 2013 in the matters of compulsory sterilization. Holdings and dispositions at the U.S. Appellate and Supreme courts are randomly located in LexisNexis using Shepard's symbols. Continuous variables are processed with the Mantel-Haenszel method. Court orders are used as units of analysis. The majority of cases (56.4 %) concern minors at a mean age of 11.7 years. Forty-four (80 %) petitions are filed by the parents or guardians; 11 (20 %) are parens patriae. Petitions for female sterilization are denied in 56.4 % cases under the Federal Laws (2 U.S.C. 431; 28 U.S.C; 29 U.S.C; 42 U.S.C; 424 U.S.), Procedural due process clause of the 14th Amendment, statutes, and common law precedents. Petitions for female sterilization are granted in 36.4 % cases under the statutory penal codes, the Law of the land, precedents, and the dicta. No significant associations are found between the parity and degree of mental impairment (r = 0.342). Substantial correlations are met between the gender, degree of impairment (r (2) = 0.724), and dispositions (r (2) = 802). The mean age of women is 20.78 years; the mean age of men is 30.25 years. Correlations fail to establish reasoning between the age of the subjects and the entered judgments (r (2) = 0. 356). (1) The female/male ratio (8:1) and age gap of the respondents indicate on a disproportionate impact of the statutes. (2) The procedure of sterilization in itself is incommensurate with equality, as the volume of surgery is uneven in males and females. (3) The case law is instructive with respect to which arguments have not been advanced. (4) Lastly, due to the etiological intricacy of mental impairment, with genetic transmission strikingly different in men and women, expert-witnesses ought to act in a medical vacuum because there is no mathematical certainty as to the transmission mode of the traits in question (exon and intron mutations, triplet repeat

  12. 26 CFR 301.6323(j)-1 - Withdrawal of notice of federal tax lien in certain circumstances.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Withdrawal of notice of federal tax lien in certain circumstances. 301.6323(j)-1 Section 301.6323(j)-1 Internal Revenue INTERNAL REVENUE SERVICE... General Provisions § 301.6323(j)-1 Withdrawal of notice of federal tax lien in certain circumstances. (a...

  13. THE REQUIRED FORM OF A PRE-CONTRACT ALLOWING FOR A COURT JUDGMENT TO STAND FOR A SALE CONTRACT

    Directory of Open Access Journals (Sweden)

    Delia Narcisa THEOHARI

    2017-05-01

    Full Text Available A bilateral promissory agreement for sale needs no notarial deed to constitute, in case of non-fulfillment, grounds for the delivery of a judgment which takes the place of a sale contract, a private agreement being sufficient whereas the judgment itself represents the sale contract and both the substantive and formal conditions are therefore satisfied.

  14. 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.

  15. 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.)

  16. “'The Constitution means what the Supreme Court says it means’... But only when I want!” About how (not to work with precedents

    Directory of Open Access Journals (Sweden)

    Guilherme Gonçalves Alcântara

    2017-03-01

    Full Text Available A semiotic analysis of the arguments brought to light by the 9th Criminal Chamber of São Paulo’s Court of Appeal when compared to the paradigmatic judgments of the Supreme Court in criminal proceedings harvest, dealing specifically with the presumption of innocence and the individualization of punishment. We used the phenomenological method to bring to São Paulo judicial practice a hermeneutic constraint directed to judicial solipsism.

  17. 'Adventurous' judgments A comparative exploration into human rights as a moral-political force in judicial law development

    NARCIS (Netherlands)

    Gaay Fortman, B. de

    2006-01-01

    This article looks at the development of law by the judiciary in the sense of judgments taking the law beyond the point of what was hitherto regarded as ius positivum. Its main perspective, however, is not the creation of law by the courts as such, but rather the ways and means in which the human

  18. EU citizenship and the European Court of Justice's 'stone-by-stone' approach

    OpenAIRE

    Lenaerts, Koenraad

    2015-01-01

    Examining the seminal judgment of the European Court of Justice (the ‘ECJ’) in the Ruiz Zambrano case (C‑34/09,EU:C:2011:124) and its progeny, this paper is to illustrate the fact that in hard cases of constitutional importance the ECJ follows an incremental approach. This means ,in essence, that the ECJ does not take ‘longjumps’ when expounding the rationale underpinning the solution given to novel questions of constitutional importance. On the contrary, the persuasiveness of its argumentati...

  19. Mistaking Judgments of the Agreeable and Judgments of Taste

    Directory of Open Access Journals (Sweden)

    Francis Raven

    2008-12-01

    Full Text Available In the Critique of the Power of Judgment, Kant develops a rigorous formulation of aesthetic judgments, in which he makes a sharp distinction between judgments of taste and judgments of the agreeable (both of which are, I claim, types of aesthetic judgments if only to dismiss judgments of the agreeable as worthy objects of study. Kant is primarily concerned with judgments of taste, the main example of which is judging something to be beautiful (whether it be a work of art or a natural object. He asserts that such judgments are subjective, universal, necessary, disinterested, and do not presuppose a purpose. The other type of aesthetic judgment are judgments of the agreeable, “which are the kind of judgment expressed by saying simply that one likes something or finds it pleasing.” These are judgments of what, in Kant’s words, please “the senses in sensation” as opposed to pleasing ourcognition in reflection.

  20. The right to appeal a judgment of the Extraordinary Chambers in the courts of Cambodia

    NARCIS (Netherlands)

    O'Neill, L.; Sluiter, G.

    2009-01-01

    In early 2007, we submitted a report to the Extraordinary Chambers in the Courts of Cambodia commenting on several aspects of its then-draft Internal Rules, including whether the ECCC’s envisaged appeal system adhered to international standards. The Internal Rules were adopted in June 2007, and then

  1. The European Union Court of Justice after the Treaty of Lisbon

    Directory of Open Access Journals (Sweden)

    Radivojević Zoran

    2016-01-01

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

  2. Jacob Mathew v. State of Punjab, the judgment stipulates the guidelines to be followed before launching a prosecution against a doctor for negligence

    Directory of Open Access Journals (Sweden)

    Bhattaram Visweswara Subrahmanyam

    2013-01-01

    Full Text Available In a landmark judgment, the supreme court of India laid down guidelines in cases of alleged negligence against medical practitioners in India. It clearly stated that there is a need for protecting doctors from frivolous or unjust prosecution.

  3. The Scope of the Common Commercial Policy after Lisbon: The Daiichi Sankyo and Conditional Access Services Grand Chamber Judgments

    NARCIS (Netherlands)

    Ankersmit, L.J.

    2014-01-01

    This case note discusses two important recent judgments rendered by the ECJ on the scope of the Common Commercial Policy. In Daiichi Sankyo (Case C-414/11), the Court overturned its previous case law on TRIPs in light of the entry into force of the Lisbon Treaty. In Conditional Access Services (Case

  4. 我國地方法院刑事醫療糾紛判決的實證分析:2000年至2010年 An Empirical Study of Medical Malpractice Judgments from District Criminal Courts in Taiwan: 2000-2010

    Directory of Open Access Journals (Sweden)

    劉邦揚 Pang-Yang Liu

    2011-12-01

    Full Text Available 本文以法學實證研究方法進行撰寫,並全面性地蒐集我國自 2000 年1月1 日起至2010 年6 月30 日止,所有地方法院作成的刑事醫療糾紛判決書,並且擷取判決書中之客觀可辨的資訊進行建檔,利用統計軟體SPSS 17.0版進行描述性統計分析與推論性統計,期待真實呈現地方法院刑事醫療糾紛的訴訟現況。本研究共蒐集到277 個刑事判決,計380 名具醫師身分之被告,並發現此類訴訟有著「低定罪率」與「高自訴比率」等特徵,足供醫療糾紛研究者加以關注。 Recently, the debate on decriminalization of medical malpractice has received mounting attentions in both medical and law communities. An increasing number of studies try to analyze different aspects of the issue for future criminal law revision. However, the existing literature focuses mainly on theoretical discussion. Of the limited legal empirical studies, they are mostly limited in study scope and number of cases analyzed. Due to the limitations in study scope and size, previous findings may not reflect the true picture of medical malpractice lawsuits in Taiwan over time. Therefore, we aimed to conduct a population-based study to analyze characteristics, process, and court decisions of medical malpractice lawsuits in Taiwan. The “Law Bank” database was used to search all the district criminal court’s medical malpractice judgments from 21 district courts in Taiwan during the period of January 1st, 2000 to June 30th, 2010. Exclusion criteria were applied. A total of 277 eligible cases and 380 physician-defendants were included. Contents of each court judgment were analyzed and description statistical methods were applied. Factors affecting judgment was revealed by chi-square test and logistic regression analysis. In general, medical malpractice lawsuits had a low conviction rate, the punishment tended to be trivial, and when patient hurt from medical

  5. Whales, science, and scientific whaling in the International Court of Justice.

    Science.gov (United States)

    Mangel, Marc

    2016-12-20

    I provide a brief review of the origins of the International Convention on the Regulation of Whaling and the failure to successfully regulate whaling that led to the commercial moratorium in 1986. I then describe the Japanese Whale Research Programs Under Special Permit in the Antarctica (JARPA I, JARPA II) and the origins of the case Whaling in the Antarctic (Australia v. Japan: New Zealand Intervening) in the International Court of Justice. I explain that the International Court of Justice chose to conduct an objective review of JARPA II, the standard that it used for the review, and the pathway that it took to adjudicate the case without providing a definition of science to be used in international law. I conclude with a brief discussion of the implications of the Judgment for the International Convention on the Regulation of Whaling, and the International Whaling Commission in particular, for other international treaties, and for the interaction of science and law more generally.

  6. Lorsque les liens communautaires mènent aux crimes violents ...

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

    organisation dans les quartiers pauvres et des liens sociaux très développés. des enfants jouent dans une allée. À Bogotá et à Lima, la migration interne continue de jouer un rôle important dans l'évolution du milieu urbain.

  7. Judgments about Judgments: The Dissociation of Consideration Price and Transaction Commitment Judgments

    Science.gov (United States)

    Janiszewski, Chris; Lichtenstein, Donald R.; Belyavsky, Julia

    2008-01-01

    There are many contexts in which people make judgments about prior judgments. For example, Internet shopping bots (e.g., NexTag.com) allow consumers to search for products and, if the price is too high, list a price at which they would consider making the purchase (i.e., base judgment). If the price drops to this level, the vendor generates an…

  8. 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.

  9. The jurisdiction of administrative courts in disputes about the payment of costs incurred for investigating or supervisory tasks in compliance with section 21 AtG (Atomic Energy Act). Hess. VGH, decision of August 2, 1993 - 14 A 995/92

    International Nuclear Information System (INIS)

    Anon.

    1994-01-01

    Disputes about payment of costs incurred by investigating or supervisory tasks in compliance with section 21 AtG (Atomic Energy Act) are to be settled by a the first instance, the administrative courts. (Judgment of Higher Adm. Court of Hesse, as of August 2, 1993 - 14 A 995/92). (orig./HSCH) [de

  10. Who makes utilitarian judgments? The influences of emotions on utilitarian judgments

    Directory of Open Access Journals (Sweden)

    So Young Choe

    2011-10-01

    Full Text Available Recent research has emphasized emotion's role in non-utilitarian judgments, but has not focused much on characteristics of subjects contributing to those judgments. The present article relates utilitarian judgment to individual disposition to experience various emotions. Study 1 first investigated the relationship among state emotions and utilitarian judgment. Diverse emotions were elicited during judgment: guilt, sadness, disgust, empathy, anger, and anxiety, etc. Using psychological scales, Study 2 found that trait emotions predict the extent of utilitarian judgments, especially trait anger, trait disgust, and trait empathy. Unlike previous research that designated emotions only as factors mitigating utilitarian judgment, this research shows that trait anger correlates positively with utilitarian judgment. On the other hand, disgust and empathy correlated negatively. Guilt and shame---though previous research argued that their absence increased utilitarian judgment---appear unrelated to the extent of utilitarian judgment. These results suggest that people's emotional dispositions can affect their judgment. This finding might contribute to untangling the complex mechanisms of utilitarian judgments.

  11. Violence urbaine, déplacements, genre et liens communautaires ...

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

    20 oct. 2017 ... Lorsque les liens communautaires mènent aux crimes violents. Exploration de la cohésion sociale et de la méfiance envers l'État à titre de facteurs incitant à la violence urbaine. five pregnant african women. Les rôles sexospécifiques et la violence dans les villes. Une croissance rapide et des identités ...

  12. Calculation of the Cost of an Adequate Education in Kentucky: A Professional Judgment Approach

    Directory of Open Access Journals (Sweden)

    Deborah A. Verstegen

    2004-02-01

    Full Text Available What is an adequate education and how much does it cost? In 1989, Kentucky’s State Supreme Court found the entire system of education unconstitutional-“all of its parts and parcels”. The Court called for all children to have access to an adequate education, one that is uniform and has as its goal the development of seven capacities, including: (i “sufficient oral and written communication skills to enable students to function in a complex and rapidly changing civilization . . . .and (vii sufficient levels of academic or vocational skills to enable public school students to compete favorably with their counterparts in surrounding states, in academics or in the job market”. Now, over a decade later, key questions remain regarding whether these objectives have been fulfilled. This research is designed to calculate the cost of an adequate education by aligning resources to State standards, laws and objectives, using a professional judgment approach. Seven focus groups were convened for this purpose and the scholarly literature was reviewed to provide multiple inputs into study findings. The study produced a per pupil base cost for each of three prototype school districts and an total statewide cost, with the funding gap between existing revenue and the revenue needed for current operations of $1.097 billion per year (2001-02. Additional key resource requirements needed to achieve an adequate education, identified by professional judgment panels, include: (1 extending the school year for students and teachers, (2 adding voluntary half-day preschool for three and four year olds, and (3 raising teacher salaries. This increases the funding gap to $1.23 billion and suggests that significant new funding is required over time if the Commonwealth of Kentucky is to provide an adequate and equitable education of high quality for all children and youth as directed by the State Supreme Court.

  13. Priority issues affecting operators' and suppliers' liens: the Saskatchewan perspective

    International Nuclear Information System (INIS)

    Milani, M.W.

    1996-01-01

    Priority issues in contractual obligations in the petroleum industry were discussed from the perspective of Saskatchewan. In Saskatchewan, the priority issues relative to builders' and suppliers' liens are similar to those of Alberta, but there are some subtle differences, which were addressed. Priority issues claimed by suppliers and operators with respect to Saskatchewan properties were given special attention

  14. 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

  15. 7 CFR 3560.409 - Subordinations or junior liens against security property.

    Science.gov (United States)

    2010-01-01

    ... program requirements or to operate and manage the housing project in a manner consistent with program... specific amount. (4) The subordination or junior lien must not adversely impact the Agency's ability to... condition and the borrower's ability to repay the Agency loan being secured by the property. (3) The action...

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

    Science.gov (United States)

    Moore, Marlee E; Hiday, Virginia Aldigé

    2006-12-01

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

  17. Judicialization of Health in Pernambuco After Public Hearing No. 4 the Federal Supreme Court: An Analysis of Quantitative Judiciary of Acting in Law Warranty Social Health

    Directory of Open Access Journals (Sweden)

    Lívia Dias Barros

    2016-12-01

    Full Text Available Recognizing the importance of the judiciary as a tool to the effectiveness of social rights, including human rights, especially the right to health, this study aimed to present a study of the health legalization process in the state of Pernambuco relating to the direct effects and indirect Public Hearing paragraph 4 of the Supreme Court, between the years 2009-2014, using the measurement from the likelihood the analysis of judgments, obtaining approximate results and not an absolute truth, allowing you to see a trend about supply of medicine through the courts.

  18. The DUNDRUM-1 structured professional judgment for triage to appropriate levels of therapeutic security: retrospective-cohort validation study.

    LENUS (Irish Health Repository)

    Flynn, Grainne

    2011-01-01

    The assessment of those presenting to prison in-reach and court diversion services and those referred for admission to mental health services is a triage decision, allocating the patient to the appropriate level of therapeutic security. This is a critical clinical decision. We set out to improve on unstructured clinical judgement. We collated qualitative information and devised an 11 item structured professional judgment instrument for this purpose then tested for validity.

  19. An extraordinary decision. The Muelheim-Kaerlich order of the Federal Constitutional Court. Protection of civil rights by way of procedural law

    International Nuclear Information System (INIS)

    Mutius, A. von.

    1984-01-01

    The uthor explains the significance of the Muehlheim-Kaerlich order of the Federal Constitutional Court, of Dec. 12 1979, which represents a landmark of the recent developments in the interpretation of civil rights, which tend to put the protection of civil rights on a procedural basis. The author gives a brief account of the developments, as reflected by Federal Constittuional Court decisions, and them goes into detail on the Muelheim-Kaerlich decision, the statement of facts, the grounds of judgment, the dissenting opinion, and the reaction the decision has met with in the relevant literature. The Court's decision is evaluated in terms of law and with a view to current legal practice. It is shown that protection of civil rights by way of and through administrative procedure is kept within reasonable limits. This order of the Court has by no means revolutionized the law of administrative procedure. It rather contributed to a change of attitude, allowing cautions changes to develop towards administrative rules of procedure which more strongly aim at protecting civil rights. (orig./HSCH) [de

  20. 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.

  1. 27 CFR 70.234 - Protection for obligatory disbursement agreements.

    Science.gov (United States)

    2010-04-01

    ... bank, in good faith, relies upon that letter of credit in making advances. The provisions of this... law against a judgment lien arising, as of the time of tax lien filing, out of an unsecured obligation... performance of a contract of the taxpayer and another person, the term “qualified property” shall be treated...

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

    Directory of Open Access Journals (Sweden)

    Bosilja Britvić Vetma

    2014-01-01

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

  3. 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

  4. 20 CFR 702.162 - Liens on compensation authorized under special circumstances.

    Science.gov (United States)

    2010-04-01

    ... district director or the administrative law judge is not satisfied that the trust fund qualifies for a lien... under special circumstances. (a) Pursuant to section 17 of the Act, 33 U.S.C. 917, when a trust fund... authorized on such compensation in favor of the trust fund for the amount of such payments. (b)(1) An...

  5. 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…

  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. 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

  8. A (FORENSIC STYLISTIC ANALYSIS OF ADVERBIALS OF ATTITUDE AND EMPHASIS IN SUPREME COURT DECISIONS IN PHILIPPINE ENGLISH

    Directory of Open Access Journals (Sweden)

    Hjalmar Punla Hernandez

    2017-09-01

    Full Text Available Contemporarily, stylistics today has developed into its multiplicity – one of which is forensic stylistics. Being a powerfully legal written discourse, Supreme Court decisions are a rich corpus in which linguistic vis-a-vis stylistic choices of Court justices could be examined. This study is a humble attempt at stylistically analyzing Supreme Court decisions in Philippine English (PhE drafted by two Filipino justices. Specifically, it sought to investigate on the classes, placements, and environments of adverbials of attitude and emphasis employed by the two justices, and drew their implications to teaching and learning English for Legal Purposes (ELP. Using McMenamin (2012, Quirk, Greenbaum, Leech, and Svartvik (1985, and Dita’s (2011 frameworks, 54 randomly selected Supreme Court decisions as primary sources of legal language were analyzed. Results are the following. Firstly, the classes of adverbials of attitude in Supreme Court decisions in PhE used by the two judges were the evaluation to the subject of the clause, judgment to the whole clause, and evaluation to an action performed by the subject of the clause, while those adverbials of emphasis were adverbials of conviction and doubt. Secondly, both adverbials they used have placements that were frequently medial and less initial in sentences where they belonged. Thirdly, the two justices put their adverbials within two principal environments, i.e. within functor, and before/after the verb among others. In these regards, legal and stylistic explanations with respect to these recurrent linguistic features in the two justices’ Court decisions were revealed. Implications of the study to ELP are explained. Lastly, trajectories for future (forensic stylistic analyses have been recommended.

  9. 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

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

    Directory of Open Access Journals (Sweden)

    Marie B. Hagsgård

    2014-12-01

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

  11. Records of the Chernobyl court. Excerpts from Karpan's book 'Revenge of Peaceful Atom'

    International Nuclear Information System (INIS)

    Hirano, Shin-ichiro

    2013-01-01

    The trial took place in July 1987, and it was a speedy trial of three weeks until the ruling from indictment reading. The court was virtually 'closed.' The accused were the following 6 persons: Director of Chernobyl NPP, power plant chief engineer, power plant deputy chief engineer, second reactor work center chief, Chernobyl NPP National Nuclear Energy Supervisory Board inspector, and power plant night shift chief. Court records or court documents have not officially published as of March 2013. These court records have been reconstructed from the memos of Nikolay Karpan (Chernobyl NPP nuclear safety ex-deputy chief engineer), who recorded them at a time when he appeared in the court as a witness, and when he attended the court for hearing. The impressions of the translator are as follows. (1) The first purpose of the trial was to promptly punish responsible persons, and to put an end to the accident. (2) Emphasis was not placed on the investigation of the accident cause or accident background. (3) As Mr. Karpan pointed out, this trial gave impression that it was 'farce' according to certain 'scenario' or 'fixed game' that was held in order to conclude that the accident was caused by the sins of accused persons. As for the defects of the nuclear reactor as the defendants pointed out, they were dismissed as 'separate issues to be addressed,' and eliminated from judgment contents. (4) All the accused denied the indictment contents (asserting the inadequacy of the reactor itself, deficiencies of regulations and documentations, and deficit of authority). However, they admitted the moral responsibility for being unable to prevent the accident. All the defendants received actual prison term of 2 to 10 years with correctional labor. (A.O.)

  12. 15 years of constitutional review in the Supreme Court of Estonia : systematized extracts of constitutional review judgments and rulings of the Supreme Court en banc and the Constitutional Review Chamber in 1993-2008 / Riigikohus ; toim. ja eess.: Ge

    Index Scriptorium Estoniae

    2009-01-01

    Sisaldab ka: The outset of judicial constitutional review / Rait Maruste. Judicial constitutional review at the turn of the century / Uno Lõhmus. Judicial constitutional review through the eyes of Chancellor of Justice / Eerik-Juhan Truuväli. The courts and the Supreme Court in concrete norm control / Madis Ernits

  13. Programme conjoint canado-israélien de recherche en santé | CRDI ...

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

    La recherche en immunologie peut aussi cibler certains des plus graves problèmes de santé des pays à faible revenu et à revenu intermédiaire, comme le VIH/sida, le cancer, le développement de vaccins et les maladies infectieuses. À cette fin, le Programme conjoint canado-israélien de recherche en santé appuie 6 ...

  14. 1. Partial licence (new) for the Muelheim-Kaerlich reactor. BVG (German Federal Administrative Court), decision of 14. January 1998, Az.: 11 C 13.96

    International Nuclear Information System (INIS)

    1998-01-01

    The matter to be decided by the BVG, the highest administrative court of Germany, was the competence of the licensing authority for risk assessment in the licensing procedure and its duty to perform risk assessment with reference to current state of the art in nuclear science and technology, in compliance with the Atomic Energy Act, section 7, sub-section 2, No. 3. Performance of risk assessment falling short of the requirements of the Atomic Energy Act is a cause for rescission of an operating licence or partial licence. This was the cause presented by complaining parties in legal proceedings at a lower court, referring to deficits in terms of technology (seismic risks assessment), and in terms of law. The partial construction licence was repealed by the lower court. The BVG court had to perform judicial review of an appeal logded by the reactor operators from the judgment passed by the lower court and relates exclusively to aspects of substantive law, as the Atomic Energy Act attributes priority of competence for decisions about technological aspects and contents of reactor licences to the licensing authority. The BVG dismissed the appeal for absence of defects in substantive law; the decision is non-appealable. (CB) [de

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

    Directory of Open Access Journals (Sweden)

    Сергій Володимирович Васильєв

    2016-01-01

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

  16. 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.

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

    Directory of Open Access Journals (Sweden)

    Philip Langbroek

    2014-12-01

    Full Text Available Court decisions are reasoned to legitimize them. Lay people seem to understand little of the work of the courts. One of the questions for court administrators and judges is: for whom do judges write their judgments? Is it possible to analyze judicial justification texts with a view to the audiences they address? We answered that question by developing a methodology for the analysis of judgment justification texts, investigating judicial writing behavior. This paper focuses on the methodological hurdles we had to take and the mistakes we made and had to correct. Research reports in all articles on socio-legal research offer a positive and linear description of the research. This article wants to show that trial and error during the research process were inevitable and maybe could have been avoided if we would have had more experience with this type of research. We hope students and other researchers may profit from our experience. Las decisiones judiciales se razonan para legitimarlas. Los profanos en la materia parecen entender poco de la labor de los tribunales. Una de las preguntas a administradores de tribunales y jueces es: ¿para quién redactan los jueces sus sentencias? ¿Es posible analizar los textos de justificación judiciales desde la perspectiva del público a quien se dirigen? Hemos respondido a esta pregunta mediante el desarrollo de una metodología para el análisis de textos de justificación judiciales, investigando el comportamiento de la escritura judicial. Este artículo se centra en los obstáculos metodológicos que tuvimos que sortear y los errores que cometimos y tuvimos que corregir. Los informes de investigación en todos los artículos de investigación sociojurídica ofrecen una descripción positiva y lineal de la investigación. Este artículo quiere demostrar que la prueba y el error eran inevitables durante el proceso de investigación eran inevitables, y podrían haberse evitado si hubiéramos tenido mayor

  18. Juvenile Court Statistics - 1972.

    Science.gov (United States)

    Office of Youth Development (DHEW), Washington, DC.

    This report is a statistical study of juvenile court cases in 1972. The data demonstrates how the court is frequently utilized in dealing with juvenile delinquency by the police as well as by other community agencies and parents. Excluded from this report are the ordinary traffic cases handled by juvenile court. The data indicate that: (1) in…

  19. Juvenile Court Statistics, 1974.

    Science.gov (United States)

    Corbett, Jacqueline; Vereb, Thomas S.

    This report presents information on juvenile court processing of youth in the U.S. during 1974. It is based on data gathered under the National Juvenile Court Statistical Reporting System. Findings can be summarized as follows: (1) 1,252,700 juvenile delinquency cases, excluding traffic offenses, were handled by courts in the U.S. in 1974; (2) the…

  20. Programme conjoint canado-israélien de recherche en santé | CRDI ...

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

    Tout d'abord, les progrès accomplis par les chercheurs israéliens et canadiens dans différents domaines biomédicaux, y compris la recherche sur le cerveau, la biologie du cancer et l'immunologie, sont vraiment exceptionnels et, dans de nombreux cas, très complémentaires. Nous sommes véritablement ravis à l'idée de ...

  1. Irrigation, santé et sécurité alimentaire en Afrique : quels liens ...

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

    2011-01-12

    Irrigation, santé et sécurité alimentaire en Afrique : quels liens ? January 12, 2011. Gérard Parent, Jean-Noël Poda, Noël-Marie Zagré, Renaud de Plaen, and Georges Courade ... Preserving the health of the Rio de la Plata ... set up by researchers from Uruguay and Canada, is improving the management and conservation.

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

    DEFF Research Database (Denmark)

    Rytter, Jens Elo

    2003-01-01

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

  3. Prospects for European Company Law after the Judgment of the European Court of Justice in Centros Ltd

    DEFF Research Database (Denmark)

    Sørensen, Karsten Engsig

    2000-01-01

    This contribution analysis the implication of the judgment in Centros Ltd, whereby a company can be incorporated in one state and used for activities in other Member States of the EU. The consequence is that businesses can chose to incorporate in the state of their own choice and Member State may...... as a result start to compete to attract incorporations of companies (the Delaware Syndrome). This may call for further harmonization of company laws in the EU....

  4. Trend of Malpractice Litigation against Neurosurgeons in Japan: An Analysis of Disclosed Database by Courts in Japan from 2001 through 2015.

    Science.gov (United States)

    Nagashima, Hisashi; Wada, Yoshitaka; Hongo, Kazuhiro

    2017-08-15

    Following the modern raising of public awareness, the numbers of malpractice litigation are increasing in the health care delivery system in Japan despite the extensive efforts of physicians. Authors reviewed the issues of litigation and the reasons for court decision from the healthcare-related negligence lawsuits in the past 15 years in Japan and investigated the cautionary points for reducing potential litigation. Healthcare-related negligence lawsuits between January 2001 and December 2015 were retrieved and sorted in each clinical field from the database in Courts in Japan and investigated on the proportional factors of the claims and court decisions in the neurosurgical field. During the period, 446 of healthcare-related court decisions including 41 against neurosurgeons (9.2%) were retrieved. Three of 41 decisions retrieved were decisions to retries for lower court decisions. In 38 claims against the neurosurgeons, 26 identified the negligence and 12 dismissed. In 26 decisions in favor of the plaintiffs, identified negligence in diagnosis in 4, clinical judgment in 3, technical skills in 5, clinical management in 7 and process of informed consent in 7. Five out of 18 decisions after 2006 were identified as negligence in an informed consent process, and additional one, who was mainly identified in inadequate technical skills also identified existing an inadequate informed consent process as a fundamental cause of litigation. Neurosurgeons are a higher risk group for malpractice litigation in Japan and adequate informed consent is important to reduce the risk of litigation.

  5. 24 CFR 220.814 - Election of action.

    Science.gov (United States)

    2010-04-01

    ... INSURANCE AND INSURED IMPROVEMENT LOANS FOR URBAN RENEWAL AND CONCENTRATED DEVELOPMENT AREAS Contract Rights... estate mortgage, deed of trust, conditional sales contract, chattel mortgage, lien, judgment, or any...

  6. Judgments of brand similarity

    NARCIS (Netherlands)

    Bijmolt, THA; Wedel, M; Pieters, RGM; DeSarbo, WS

    This paper provides empirical insight into the way consumers make pairwise similarity judgments between brands, and how familiarity with the brands, serial position of the pair in a sequence, and the presentation format affect these judgments. Within the similarity judgment process both the

  7. Emotion and moral judgment

    NARCIS (Netherlands)

    Avramova, Y.R.; Inbar, Y.

    2013-01-01

    Research in psychology and cognitive science has consistently demonstrated the importance of emotion in a wide range of everyday judgments, including moral judgment. Most current accounts of moral judgment hold that emotion plays an important role, but the nature and extent of this role are still

  8. Attorney Argumentation and Supreme Court Opinions.

    Science.gov (United States)

    Benoit, William L.

    1989-01-01

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

  9. 78 FR 37925 - Continuation of the National Emergency With Respect to the Disposition of Russian Highly Enriched...

    Science.gov (United States)

    2013-06-24

    ... judicial process, thereby jeopardizing the full implementation of the HEU Agreements to the detriment of U... attachment, judgment, decree, lien, execution, garnishment, or other judicial process with respect to such...

  10. Co-workers' Justice Judgments, own Justice Judgments and Employee Commitment: A multi-foci approach

    Directory of Open Access Journals (Sweden)

    Florence Stinglhamber

    2008-06-01

    Full Text Available Using a sample of 212 employees, we conducted a study to examine whether employees use their co-workers' fairness perceptions to generate their own justice judgments and to develop their subsequent affective commitment. The conceptual framework used to investigate these linkages is social exchange theory combined with a multiple foci approach. Results of the structural equation modeling analyses revealed that co-workers' procedural justice judgments strengthened employee's own procedural justice judgments, which in turn influenced their affective commitment to the organisation. Similarly, co-workers' interactional justice judgments increased employee's own interactional justice judgments, which in turn impacted on their affective commitment to both the supervisor and the organisation. As a whole, findings suggest that coworkers' justice judgments strengthened employee's affective attachments toward the justice sources by reinforcing employee's own justice perceptions.

  11. 25 CFR 11.912 - Contempt of court.

    Science.gov (United States)

    2010-04-01

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

  12. 25 CFR 11.908 - Court records.

    Science.gov (United States)

    2010-04-01

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

  13. 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

  14. 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…

  15. Judgment, 24 June 1987.

    Science.gov (United States)

    1988-01-01

    The Constitutional Court of Slovenia held that Article 65 of the Law on Marriage and Family Relations of Slovenia is not unconstitutional. Law 65 provides that a spouse may request a divorce on the grounds that "the marriage is not possible to continue due to whatever reason." The Court rejected the argument of the applicant that a court must determine fault and specific grounds on which the marriage is impossible to continue. full text

  16. Data retention in Europe - the Tele2 case and beyond

    DEFF Research Database (Denmark)

    Jakobsen, Søren Sandfeld; Udsen, Henrik; Pedersen, Anja Møller

    2018-01-01

    Analyses the Court of Justice of the European Union's judgment in the "Tele2 case" and evaluates the impact of the judgment on national data retention regimes.......Analyses the Court of Justice of the European Union's judgment in the "Tele2 case" and evaluates the impact of the judgment on national data retention regimes....

  17. Advance Health Care Directives and “Public Guardian”: The Italian Supreme Court Requests the Status of Current and Not Future Inability

    Directory of Open Access Journals (Sweden)

    Francesco Paolo Busardò

    2014-01-01

    Full Text Available Advance health care decisions animate an intense debate in several European countries, which started more than 20 years ago in the USA and led to the adoption of different rules, based on the diverse legal, sociocultural and philosophical traditions of each society. In Italy, the controversial issue of advance directives and end of life’s rights, in the absence of a clear and comprehensive legislation, has been over time a subject of interest of the Supreme Court. Since 2004 a law introduced the “Public Guardian,” aiming to provide an instrument of assistance to the person lacking in autonomy because of an illness or incapacity. Recently, this critical issue has once again been brought to the interest of the Supreme Court, which passed a judgment trying to clarify the legislative application of the appointment of the Guardian in the field of advance directives.

  18. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

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

  19. 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...

  20. Throwing the baby out with the bath water: is it time for clinical judgment to supplement actuarial risk assessment?

    Science.gov (United States)

    Abbott, Brian R

    2011-01-01

    The assessment of the potential for sexual violence is one of three prongs that must be met to satisfy the requirements for civil confinement of dangerous sex offenders in the 21 U.S. jurisdictions that have these laws. In a recent issue of The Journal, Sreenivasan et al. argued that, because of a host of methodological problems, actuarial risk assessment methods in general and the Static-99 and its progeny in particular are insufficient for accurate assessment of risk for dangerous sex offenders. They propose using a combination of clinical judgment with actuarial science as a solution. This analysis and review of Sreenivasan et al. reveals and corrects flaws in the arguments they employed to support their position and shows how the combination of actuarial science with clinical judgment is more error prone than the actuarial approach only, and cannot be forensically defended in court. Recommendations on reporting Static-99R data in expert testimony are provided, taking into account the limitations of the instrument.

  1. 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...

  2. 76 FR 35401 - Ball Bearings and Parts Thereof From Japan and the United Kingdom: Notice of Court Decision Not...

    Science.gov (United States)

    2011-06-17

    ...On June 1, 2005, the Department of Commerce (the Department) initiated and the International Trade Commission (ITC) instituted the second sunset reviews of the antidumping duty orders on ball bearings and parts thereof from Japan and the United Kingdom. On April 20, 2011, the Court of International Trade (CIT) entered its final judgment sustaining the ITC's remand redetermination that revocation of the antidumping duty orders on ball bearings and parts thereof from Japan and the United Kingdom would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.

  3. 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....

  4. The Court of Justice of the European Union and Fixed-term Work

    DEFF Research Database (Denmark)

    de la Porte, Caroline; Emmenegger, Patrick

    2017-01-01

    permanent workers and aims to prevent abuse of this contract form. Surprisingly, the Court of Justice of the European Union (CJEU) rulings in this area have by and large been neglected in comparative labour market research. We fill this gap by systematically analysing the CJEU case law concerning fixed......While fixed-term work benefits employers and increases the prospects of employability of various categories of workers, it is inherently precarious. The European Union (EU) directive on fixed-term work emphasizes the importance of equal treatment of workers on fixed-term contracts with comparable...... show that the equal treatment is affirmed in all cases under analysis for different provisions of labour contracts. With regard to abuse of recourse to fixed-term contracts, by contrast, the rulings still represent a zone of legal uncertainty, whereby some judgments allow for fixed-term contracts...

  5. 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.

  6. 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

  7. Atypical Rulings of the Indonesian Constitutional Court

    Directory of Open Access Journals (Sweden)

    Bisariyadi

    2016-08-01

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

  8. Explaining African Participation in International Courts

    DEFF Research Database (Denmark)

    Gissel, Line Engbo; Brett, Peter

    2018-01-01

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

  9. Brain correlates of aesthetic judgment of beauty.

    Science.gov (United States)

    Jacobsen, Thomas; Schubotz, Ricarda I; Höfel, Lea; Cramon, D Yves V

    2006-01-01

    Functional MRI was used to investigate the neural correlates of aesthetic judgments of beauty of geometrical shapes. Participants performed evaluative aesthetic judgments (beautiful or not?) and descriptive symmetry judgments (symmetric or not?) on the same stimulus material. Symmetry was employed because aesthetic judgments are known to be often guided by criteria of symmetry. Novel, abstract graphic patterns were presented to minimize influences of attitudes or memory-related processes and to test effects of stimulus symmetry and complexity. Behavioral results confirmed the influence of stimulus symmetry and complexity on aesthetic judgments. Direct contrasts showed specific activations for aesthetic judgments in the frontomedian cortex (BA 9/10), bilateral prefrontal BA 45/47, and posterior cingulate, left temporal pole, and the temporoparietal junction. In contrast, symmetry judgments elicited specific activations in parietal and premotor areas subserving spatial processing. Interestingly, beautiful judgments enhanced BOLD signals not only in the frontomedian cortex, but also in the left intraparietal sulcus of the symmetry network. Moreover, stimulus complexity caused differential effects for each of the two judgment types. Findings indicate aesthetic judgments of beauty to rely on a network partially overlapping with that underlying evaluative judgments on social and moral cues and substantiate the significance of symmetry and complexity for our judgment of beauty.

  10. The Issue Animal in the Perspective of the Federal Supreme Court and the "Regulatory Aspects Of Legal Status

    Directory of Open Access Journals (Sweden)

    Mery Chalfun

    2016-12-01

    Full Text Available The present work aims to analyze the legal nature of nonhuman animals in the doctrine of Animal Law, legal order and position of the Federal Supreme Court based on judgments that deal with conflict between cultural manifestation and cruelty to animals. Brazilian legislation calls for a multiplicity of positions on the legal nature of animals, which may influence positively or negatively the treatment accorded to them. It can be seen that in the STF the predominance of two understandings: anthropocentric, equivalent to good, while of another biocentric, moral consideration as to the animals and possibility of change of the legal nature.

  11. Sollicitude, dépendance et lien social

    Directory of Open Access Journals (Sweden)

    Monique Lanoix

    2008-09-01

    Full Text Available La croissance de la population vieillissante en Amérique du Nord a un impact significatif sur nos politiques sociales. Ainsi, l’État québécois met à la disposition des personnes âgées une aide afin de faciliter le maintien à domicile. Qui a maintenant la responsabilité de répondre aux besoins des personnes âgées; est-ce la famille ou l’État? Si la réponse peut nous aider à formuler des politiques sociales équitables, elle nous pousse aussi à repenser le lien social à la lumière de la dépendance. Dans un premier temps nous nous pencherons sur l’évolution de l’éthique de la sollicitude pour ensuite analyser les apports des études sur la production du handicap. Puisque la problématique de la dépendance s’avère cruciale dans ce débat, les écrits de deux théoriciens français, Albert Memmi et Bernard Ennuyer, nous aideront à élucider la question de la dépendance. Nous verrons par la suite comment ces divers apports peuvent nous amener à reconceptualiser le lien social.In this paper I examine whether care ethics can help to conceptualize a richer social ontology which would include a variety of individuals, not only productive ones, under the auspices of justice. In the first part of the paper, I consider the reasons why care ethics has not had a profound impact in political theorizing. Next I examine the troubled relationship of care ethics and disability. Recent writings on social contract theory, in particular those of Anita Silvers and Leslie Pickering as well as Lawrence Becker, argue that social contract theory can include profoundly disabled individuals and I contrast their proposals with that of care ethicists. By examining critical writings on dependency, I show that a strategy for a more inclusive social space needs to include social structures that recognize dependency as a human reality. I argue that care ethics, even if it may not be critical enough of the foundational concept of dependence, is

  12. Trial Courts in the Judicial Process.

    Science.gov (United States)

    McKnight, R. Neal

    1981-01-01

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

  13. 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…

  14. How do the Constitutional Courts decide?

    Directory of Open Access Journals (Sweden)

    Pasquale Pasquino

    2016-12-01

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

  15. The Adversarial Principle in Prima Facie Judgments of the Legal Thesis Firmed in the Trial of Repetitive Cases

    Directory of Open Access Journals (Sweden)

    Juliana Provedel Cardoso

    2016-10-01

    Full Text Available The present articles objective is to analyse the highly effective adversarial principle from the Constitutional Democratic State of Law and the cooperative process structure. In this sense, an analysis of the repetitive cases model is made with special relevance to the Civil Procedure Codice 2015, put in evidence the preliminary injunction, the repetitive appeals and the resolution incident repetitive demands. With the establishment of the premises, an analysis of the adversarial principle is made on prima facie judgments of the legal thesis firmed in the trial of repetitive cases, in view of the motivation of the court decision (speech of the case and law (speech of the precedents.

  16. Marriage and Advance Consent to Sex: A Feminist Judgment in R v JA

    Directory of Open Access Journals (Sweden)

    Jennifer Koshan

    2016-12-01

    Full Text Available This paper is a feminist judgment in R v JA (Supreme Court of Canada 2011, a spousal sexual assault case involving the issue of whether parties can consent in advance to sexual activity that will occur while they are asleep or unconscious. The Supreme Court’s ruling in JA has generated critique and debate amongst feminist and law and sexuality scholars that pits women's equality and security interests against their affirmative sexual autonomy. Using the methodology of a feminist judgment, I endeavour to analyze whether it is possible to adopt an approach to advance consent that protects or at least balances all of these interests. My particular focus is the spousal context, where courts have often interpreted the sexual assault provisions of the Criminal Code to the detriment of women’s sexual integrity and equality, yet where arguments about affirmative sexual autonomy have also predominated. Taking a harm-based approach to criminality that considers both negative and positive sexual autonomy, the judgment concludes that advance consent should not be considered valid without certain legal safeguards being put into place.Este artículo es una sentencia feminista de R v JA (Tribunal Supremo de Canadá 2011, un caso de agresión sexual conyugal que implica la cuestión de si las partes pueden consentir de antemano una actividad sexual que ocurrirá mientras están dormidos o inconscientes. El fallo de la Corte Suprema en JA ha generado críticas y debates entre feministas e investigadores en derecho y sexualidad, que enfrentan los intereses de igualdad y seguridad de la mujer con su autonomía sexual afirmativa. Utilizando la metodología de un juicio feminista, se intenta analizar si es posible adoptar un enfoque de consentimiento anticipado que proteja, o al menos equilibre, todos estos intereses. El enfoque particular es el contexto conyugal, donde los tribunales han interpretado a menudo las disposiciones sobre el asalto sexual del C

  17. ECHR and national constitutional courts

    Directory of Open Access Journals (Sweden)

    Nastić Maja

    2015-01-01

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

  18. Towards a Kantian Theory of Judgment : the power of judgment in its practical and aesthetic employment

    NARCIS (Netherlands)

    During, D.K.; Duwell, M.

    2015-01-01

    Human beings orient themselves in the world via judgments; factual, moral, prudential, aesthetic, and all kinds of mixed judgments. Particularly for normative orientation in complex and contested contexts of action, it can be challenging to form judgments. This paper explores what one can reasonably

  19. Social Media and the Electronic “New World” of Judges

    OpenAIRE

    Judith Gibson

    2016-01-01

    Courts in Australia not only have social media policies to control social media use in the courtroom, but are starting to use social media to publish judgments and court-related information. How will the interactive nature of social media affect the discourse between the court and litigants? Will social media require courts to take court “user” satisfaction into account in the provision of justice, and how is the dissemination of judgments on social media affecting public perceptions of tradi...

  20. A Critical Analysis Of The Majority Judgment In F V Minister Of Safety And Security 2012 1 Sa 536 (Cc

    Directory of Open Access Journals (Sweden)

    James Linscott

    2014-12-01

    Full Text Available The majority judgment of Mogoeng CJ in F v Minister of Safety and Security 2012 1 SA 536 (CC purports to be a straightforward application of the reasoning of the Constitutional Court in K v Minister of Safety and Security 2005 6 SA 419 (CC, in which the court updated and constitutionalised the "standard test" for vicarious liability in deviation cases originally set out in Minister of Police v Rabie 1986 1 SA 117 (A by holding that constitutional and other policy norms now play an important role in deciding questions of vicarious liability. However, it is respectfully submitted that a close reading of the majority judgment in F reveals that the judge misconstrues several key concepts related to the doctrine of vicarious liability. In particular, the judge seems to suggest that there are separate and different tests for vicarious liability in instances where an employee has plainly committed a delict in the course and scope of his employment, and where he has to some extent deviated from his employment duties. In fact, there is a single overarching test for vicarious liability - the course and scope rule - but various subsidiary tests are used by the courts to address difficult or borderline cases. It is also questionable whether F truly is a "typical deviation case", as the judge asserts. The judge then applies the constitutionalised test for vicarious liability originally set out in K in a manner which is subtly, but significantly, different from how it was deployed in that case. In particular, Mogoeng CJ's implication that it is not necessary for a court to consider the second leg of the Rabie test in circumstances where the employee wrongdoer has clearly subjectively intended to further the interests of his employer is undesirable and should not be supported. Furthermore, the judge identifies the question of whether or not there is an "intimate link" between the conduct of the employee wrongdoer and the business of his employer as one of the

  1. The Spanish Constitutional Rights Court and its interpretation of the Term 'Feminism

    Directory of Open Access Journals (Sweden)

    Alejandra Germán Doldán

    2015-10-01

    Full Text Available The Constitutional Tribunal, the highest judicial court involved in the interpretation of the Spanish Constitution, has issued numerous judgments of high technical value in order to advance gender equality. Its decisions had widely developed, as a guarantee, the prohibition of gender discrimination included in Article 14 of the Spanish Constitution. However, these decisions had not always employed theoretically accurate concepts or adequately refined conceptual models This article is a critical examination of the body of case law produced by the Constitutional Tribunal regarding the definition and interpretation of the terms feminism and feminist. The purpose is to determine whether the content given by the Tribunal to these terms matches the theoretical construct derived from the consolidated sociology of gender research or if, contrariwise, it reproduces the ideas and concepts of the patriarchal society that provides the context where these decisions were produced

  2. Stuttgart Local Court: Decision of February 15, 1980 - legally binding - on the boycotting of electricity rate payments

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    With regard to payments due for electric energy supplies, electricity rate payment boycotters have neither the right to withhold payments according to Sect. 273 of the German Civil Code, nor the right of refusal to pay rates with reference to provisions of the Basic Law. A declaratory action against electricity rate payment boycotters, aiming at the judgment that they have no right of refusal to pay and no right to withhold payment, if the energy supplied is - in whole or in part - generated by licenced nuclear power stations, or if the electricity supply utility has a share in nuclear power stations, takes the conditions applicable to the admissibility of Sect. 256 (1) of the Code of Civil Procedure into account and is founded, too. To stay proceedings between the electricity supply utility and on the payment of electricity rates withheld electricity rate payment boycotters according to Sect. 148 of the Code of Civil Procedure - because of proceedings pending at administrative courts on the legality of operating licences issued for nuclear power stations - must not be considered since decisions made by administrative courts are irrelevant in this respect. (orig.) [de

  3. Moral judgment in episodic amnesia.

    Science.gov (United States)

    Craver, Carl F; Keven, Nazim; Kwan, Donna; Kurczek, Jake; Duff, Melissa C; Rosenbaum, R Shayna

    2016-08-01

    To investigate the role of episodic thought about the past and future in moral judgment, we administered a well-established moral judgment battery to individuals with hippocampal damage and deficits in episodic thought (insert Greene et al. 2001). Healthy controls select deontological answers in high-conflict moral scenarios more frequently when they vividly imagine themselves in the scenarios than when they imagine scenarios abstractly, at some personal remove. If this bias is mediated by episodic thought, individuals with deficits in episodic thought should not exhibit this effect. We report that individuals with deficits in episodic memory and future thought make moral judgments and exhibit the biasing effect of vivid, personal imaginings on moral judgment. These results strongly suggest that the biasing effect of vivid personal imagining on moral judgment is not due to episodic thought about the past and future. © 2016 Wiley Periodicals, Inc. © 2016 Wiley Periodicals, Inc.

  4. 'Adventurous' judgments
    A comparative exploration into human rights as a moral-political force in judicial law development

    Directory of Open Access Journals (Sweden)

    Bas de Gaay Fortman

    2006-12-01

    Full Text Available This article looks at the development of law by the judiciary in the sense of judgments taking the law beyond the point of what was hitherto regarded as ius positivum. Its main perspective, however, is not the creation of law by the courts as such, but rather the ways and means in which the human rights idea has encouraged judges to deliver decisions that imply an overturning of 'settled' law. In the comparative exploration of 'adventurous' judgments that we shall embark on, our focus will be on the political morality of human rights as a driving force in judicial activism. It is assumed, in other words, that where the judiciary is 'active', human rights may play a part as general principles of law as distinct from rules already incorporated in positive law. Notably then, human rights in this way affect positive law in a manner other than through processes of international, regional and national standard setting connected with the establishment of new supervisory institutions and mechanisms. For this reason, the article does not so much consider typical human rights cases; instead the focus is on major decisions by national courts that were not in the first place regarded as human rights cases at all. In this endeavour, the article aims to be no more than an initial comparative exploration, intended to illustrate a function of human rights that is not normally highlighted, namely its function as an inspirational force towards 'adventurous' judgments. Yet, the judicial potential illustrated here is of great significance, as it may lead to law development inspired by the two principal pillars underpinning the international quest for the realization of human rights: universality and human dignity. After reviewing a variety of characteristic cases from such diverse legal backgrounds as the United Kingdom, the Netherlands, the United States of America, India, South Africa and Nigeria, some conclusions are drawn as to the ways in which human rights

  5. The Hague Judgments Convention

    DEFF Research Database (Denmark)

    Nielsen, Peter Arnt

    2011-01-01

    The Hague Judgments Convention of 2005 is the first global convention on international jurisdiction and recognition and enforcement of judgments in civil and commercial matters. The author explains the political and legal background of the Convention, its content and certain crucial issues during...

  6. Moral judgment of alcohol addicts

    Directory of Open Access Journals (Sweden)

    Mladenović Ivica

    2010-01-01

    Full Text Available Introduction. Alcoholism could represent an important factor of crime and different forms of abuse of family members (physical and emotional exist in many alcohol-addict cases, as well as characteristics of immoral behaviour. Objective. The objective of our study was to determine the predominating forms in moral judgment of alcohol addicts, and to examine whether there was any statistically significant difference in moral judgment between alcohol addicted persons and non-alcoholics from general population. Methods. The sample consisted of 62 subjects, divided into a study (alcoholics and a control group (non-alcoholics from general population. The following instruments were used: social-demographic data, AUDIT, MMPI-201, cybernetic battery of IQ tests (KOG-3 and the TMR moral reasoning test. Results. Mature forms of moral judgment prevailed in both group of subjects, alcohol addicted persons and non-alcoholics. Regarding mature forms of moral judgment (driven by emotions and cognitive non-alcoholics from the general population had higher scores, but the difference was not statistically significant. Regarding socially adapted and egocentric orientation alcohol addicted persons had higher scores. However, only regarding intuitive-irrational orientation there was a statistically significant difference in the level of moral judgment (p<0.05 between alcoholics and non-alcoholics, in favour of the alcoholics. Conclusion. Moral judgment is not a category differing alcohol addicted persons from those who are not. Nevertheless, the potential destructivity of alcoholism is reflected in lower scores regarding mature orientations in moral judgment.

  7. The development of intent-based moral judgment.

    Science.gov (United States)

    Cushman, Fiery; Sheketoff, Rachel; Wharton, Sophie; Carey, Susan

    2013-04-01

    Between the ages of 4 and 8 children increasingly make moral judgments on the basis of an actor's intent, as opposed to the outcome that the actor brings about. Does this reflect a reorganization of concepts in the moral domain, or simply the development of capacities outside the moral domain such as theory of mind and executive function? Motivated by the past evidence that adults rely partially on outcome-based judgment for judgments of deserved punishment, but not for judgments of moral wrongness, we explore the same categories of judgment in young children. We find that intent-based judgments emerge first in children's assessments of naughtiness and that this subsequently constrains their judgments of deserved punishment. We also find that this developmental trajectory differs for judgments of accidental harm (a bad outcome with benign intent) and judgments of attempted harm (a benign outcome with bad intent). Our findings support a two process model derived from studies of adults: a mental-state based process of judging wrongness constrains an outcome-based process of assigning punishment. The emergence of this two-process architecture in childhood suggests that the developmental shift from outcome- to intent-based judgment involves a conceptual reorganization within the moral domain. Copyright © 2012 Elsevier B.V. All rights reserved.

  8. International Justice through Domestic Courts:

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2015-01-01

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

  9. Influence diagram in evaluating the subjective judgment

    International Nuclear Information System (INIS)

    Hong, Y.

    1997-01-01

    The author developed the idea of the subjective influence diagrams to evaluate subjective judgment. The subjective judgment of a stake holder is a primary decision making proposition. It involves a basic decision process an the individual attitude of the stake holder for his decision purpose. The subjective judgment dominates the some final decisions. A complex decision process may include the subjective judgment. An influence diagram framework is a simplest tool for analyzing subjective judgment process. In the framework, the characters of influence diagrams generate the describing the analyzing, and the evaluating of the subjective judgment. The relationship between the information and the decision, such as independent character between them, is the main issue. Then utility function is the calculating tool to evaluation, the stake holder can make optimal decision. Through the analysis about the decision process and relationship, the building process of the influence diagram identically describes the subjective judgment. Some examples are given to explain the property of subjective judgment and the analysis process

  10. 5 CFR 919.920 - Civil judgment.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Civil judgment. 919.920 Section 919.920 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 919.920 Civil judgment. Civil judgment...

  11. Judgments relative to patterns: how temporal sequence patterns affect judgments and memory.

    Science.gov (United States)

    Kusev, Petko; Ayton, Peter; van Schaik, Paul; Tsaneva-Atanasova, Krasimira; Stewart, Neil; Chater, Nick

    2011-12-01

    Six experiments studied relative frequency judgment and recall of sequentially presented items drawn from 2 distinct categories (i.e., city and animal). The experiments show that judged frequencies of categories of sequentially encountered stimuli are affected by certain properties of the sequence configuration. We found (a) a first-run effect whereby people overestimated the frequency of a given category when that category was the first repeated category to occur in the sequence and (b) a dissociation between judgments and recall; respondents may judge 1 event more likely than the other and yet recall more instances of the latter. Specifically, the distribution of recalled items does not correspond to the frequency estimates for the event categories, indicating that participants do not make frequency judgments by sampling their memory for individual items as implied by other accounts such as the availability heuristic (Tversky & Kahneman, 1973) and the availability process model (Hastie & Park, 1986). We interpret these findings as reflecting the operation of a judgment heuristic sensitive to sequential patterns and offer an account for the relationship between memory and judged frequencies of sequentially encountered stimuli.

  12. Associative Processes in Intuitive Judgment

    Science.gov (United States)

    Morewedge, Carey K.; Kahneman, Daniel

    2014-01-01

    Dual-system models of reasoning attribute errors of judgment to two failures. The automatic operations of a “System 1” generate a faulty intuition, which the controlled operations of a “System 2” fail to detect and correct. We identify System 1 with the automatic operations of associative memory and draw on research in the priming paradigm to describe how it operates. We explain how three features of associative memory—associative coherence, attribute substitution, and processing fluency—give rise to major biases of intuitive judgment. Our article highlights both the ability of System 1 to create complex and skilled judgments and the role of the system as a source of judgment errors. PMID:20696611

  13. RULINGS OF THE NATIONAL COURTS FOLLOWING THE CURIA DECISION IN CASE C-186/16, ANDRICIUC AND OTHERS VS BANCA ROMANEASCA

    Directory of Open Access Journals (Sweden)

    Monica CALU

    2018-05-01

    Full Text Available The CJEU's judgment in Andriciuc and Others vs Banca Românească Case C-186/16 that came in September 2017 is an addition to a growing body of case law on procedural obstacles to consumer protection under Directive 93/13/EEC. According to the Court, a contractual term must be drafted in plain intelligible language, the information obligations should be performed by the bank in a manner to make the well-informed and reasonably observant and circumspect consumer aware of both possibility of a rise or fall in the value of the foreign currency and also enabling estimation of the significant economic consequences of repayment of the loan in the same currency as the currency in which the loan was taken out. Following a succession of consumer-friendly preliminary rulings from European Court of Justice (Case C-26/13, Árpád Kásler, Hajnalka Káslerné Rábai v OTP Jelzálogbank Zrt and Case C-186/16 Andriciuc and Others v Banca Românească, bank customers across the European Union are increasingly taking their banks to court. However, there are still a lot provisions in the national legislations which made the judicial review of unfair contract terms difficult and reveals the limits of consumer protection under Directive 93/13. Also, we focus on the powers of the national court when dealing with a term considered to be unfair (civil courts and the availability of legal remedies in ensuring the effectiveness of the Directive. Although the CJEU provides interpretation of EU law, the national court alone has jurisdiction to find and assess the facts in the case before it and to interpret and apply national law. The ruling issued by the Court of Justice of the European Union (CJUE in the Andriciuc versus Banca Românească case represents a great advantage for some of the European debtors. In this paper, we intend to examine, starting from the theory of abusive clauses and referring to the jurisprudence of the European Court of Justice in the matter, to

  14. 76 FR 77580 - Contemporary Healthcare Senior Lien Fund I, LP; Notice Seeking Exemption Under Section 312 of the...

    Science.gov (United States)

    2011-12-13

    ... closing costs and for working capital purposes. The financing is brought within the purview of Sec. 107... SMALL BUSINESS ADMINISTRATION [License No. 02/02-0649] Contemporary Healthcare Senior Lien Fund I, LP; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of...

  15. 25 CFR 11.901 - The children's court established.

    Science.gov (United States)

    2010-04-01

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

  16. A Question of Jurisdiction: Art. 267 TFEU Preliminary References of a CFSP Nature

    DEFF Research Database (Denmark)

    Butler, Graham

    2017-01-01

    Can the Court of Justice of the European Union assert jurisdiction and provide a national court with an interpretation of Union law in a case referred to it from a national court under an Art. 267 TFEU preliminary reference, when the subject matter is in regard to the Common Foreign and Security...... Policy (CFSP)? This was one of a number of questions referred to the Court of Justice from the High Court of England and Wales in Rosneft (judgment of 28 March 2017, case C-72/15). In March 2017, the Court of Justice meeting in a Grand Chamber formation, answered this jurisdictional question...... in the affirmative. Given the significance of this judgment for the law of CFSP, and the Opinion of the Advocate General in 2016, this judgment was hotly anticipated given its implications for the “specific rules and procedures” that are applicable to the law of CFSP. As the Court of Justice continues in a line...

  17. Inability and Obligation in Moral Judgment

    Science.gov (United States)

    Buckwalter, Wesley; Turri, John

    2015-01-01

    It is often thought that judgments about what we ought to do are limited by judgments about what we can do, or that “ought implies can.” We conducted eight experiments to test the link between a range of moral requirements and abilities in ordinary moral evaluations. Moral obligations were repeatedly attributed in tandem with inability, regardless of the type (Experiments 1–3), temporal duration (Experiment 5), or scope (Experiment 6) of inability. This pattern was consistently observed using a variety of moral vocabulary to probe moral judgments and was insensitive to different levels of seriousness for the consequences of inaction (Experiment 4). Judgments about moral obligation were no different for individuals who can or cannot perform physical actions, and these judgments differed from evaluations of a non-moral obligation (Experiment 7). Together these results demonstrate that commonsense morality rejects the “ought implies can” principle for moral requirements, and that judgments about moral obligation are made independently of considerations about ability. By contrast, judgments of blame were highly sensitive to considerations about ability (Experiment 8), which suggests that commonsense morality might accept a “blame implies can” principle. PMID:26296206

  18. Do social utility judgments influence attentional processing?

    Science.gov (United States)

    Shore, Danielle M; Heerey, Erin A

    2013-10-01

    Research shows that social judgments influence decision-making in social environments. For example, judgments about an interaction partners' trustworthiness affect a variety of social behaviors and decisions. One mechanism by which social judgments may influence social decisions is by biasing the automatic allocation of attention toward certain social partners, thereby shaping the information people acquire. Using an attentional blink paradigm, we investigate how trustworthiness judgments alter the allocation of attention to social stimuli in a set of two experiments. The first experiment investigates trustworthiness judgments based solely on a social partner's facial appearance. The second experiment examines the effect of trustworthiness judgments based on experienced behavior. In the first, strong appearance-based judgments (positive and negative) enhanced stimulus recognizability but did not alter the size of the attentional blink, suggesting that appearance-based social judgments enhance face memory but do not affect pre-attentive processing. However, in the second experiment, in which judgments were based on behavioral experience rather than appearance, positive judgments enhanced pre-attentive processing of trustworthy faces. This suggests that a stimulus's potential benefits, rather than its disadvantages, shape the automatic distribution of attentional resources. These results have implications for understanding how appearance- and behavior-based social cues shape attention distribution in social environments. Copyright © 2013 Elsevier B.V. All rights reserved.

  19. Administrative court control in taxation matters

    OpenAIRE

    Nataša Zunić Kovačević

    2016-01-01

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

  20. Research on Judgment Aggregation Based on Logic

    Directory of Open Access Journals (Sweden)

    Li Dai

    2014-05-01

    Full Text Available Preference aggregation and judgment aggregation are two basic research models of group decision making. And preference aggregation has been deeply studied in social choice theory. However, researches of social choice theory gradually focus on judgment aggregation which appears recently. Judgment aggregation focuses on how to aggregate many consistent logical formulas into one, from the perspective of logic. We try to start with judgment aggregation model based on logic and then explore different solutions to problem of judgment aggregation.

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

    Directory of Open Access Journals (Sweden)

    Gemma Sala

    2014-12-01

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

  2. De la ferme à la fourchette : liens entre productivité, nutrition et santé ...

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

    20 sept. 2013 ... Ce projet met à l'essai une démarche qui va « de la ferme à la fourchette » et qui établit des liens entre l'agriculture, d'une part, et la santé et la nutrition, d'autre part, pour s'attaquer aux problèmes que pose la sécurité alimentaire au Guyana, à Trinité-et-Tobago, à Saint-Kitts-et-Nevis. et à Sainte-Lucie.

  3. Achievement goals affect metacognitive judgments

    Science.gov (United States)

    Ikeda, Kenji; Yue, Carole L.; Murayama, Kou; Castel, Alan D.

    2017-01-01

    The present study examined the effect of achievement goals on metacognitive judgments, such as judgments of learning (JOLs) and metacomprehension judgments, and actual recall performance. We conducted five experiments manipulating the instruction of achievement goals. In each experiment, participants were instructed to adopt mastery-approach goals (i.e., develop their own mental ability through a memory task) or performance-approach goals (i.e., demonstrate their strong memory ability through getting a high score on a memory task). The results of Experiments 1 and 2 showed that JOLs of word pairs in the performance-approach goal condition tended to be higher than those in the mastery-approach goal condition. In contrast, cued recall performance did not differ between the two goal conditions. Experiment 3 also demonstrated that metacomprehension judgments of text passages were higher in the performance-approach goal condition than in the mastery-approach goals condition, whereas test performance did not differ between conditions. These findings suggest that achievement motivation affects metacognitive judgments during learning, even when achievement motivation does not influence actual performance. PMID:28983496

  4. English as a Court Language in Continental Courts

    NARCIS (Netherlands)

    C. Kern (Cristoph)

    2013-01-01

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

  5. Differences in the eyes of the beholders: The roles of subjective and objective judgments in sexual harassment claims.

    Science.gov (United States)

    Kimble, Katherine M K; Farnum, Katlyn S; Wiener, Richard L; Allen, Jill; Nuss, Gwenith D; Gervais, Sarah J

    2016-06-01

    In 2 studies, we found support for current sexual harassment jurisprudence. Currently, the courts use a 2-prong test to determine the viability of a sexual harassment claim: that the adverse treatment is sufficiently severe or pervasive to alter conditions of employment based on a protected class from the perspective of the individual complainant (subjective prong) and from the perspective of a reasonable person (objective prong). In Experiment 1, trained male undergraduate research assistants administered sequential objectifying gazes and comments to undergraduate female research participants. We found that the pervasive objectification delivered by multiple men (compared with 1 man) did not elicit more negative emotion or harm the experiencers' task performance, although it did lead them to make increased judgments of sexual harassment. In Experiment 2, observers (who viewed a recording of an experiencer's interactions with the male research assistants) and predictors (who read a protocol describing the facts of the interaction) anticipated the female targets would experience negative emotions, show impaired performance, as well as find more evidence in the interaction of sexual harassment. Observers' judgments mirrored those of the experiencers' while predictors' judgments demonstrated affective forecasting errors. Predictors were more likely to anticipate more negative emotion, worse performance, and greater likelihood of sexual harassment. Overall, these studies demonstrate the impact and importance of considering perceptions of sexual harassment from multiple perspectives and viewpoints. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

  6. Assessment of moral judgment and empathy in young sex offenders: a comparison of clinical judgment and test results.

    Science.gov (United States)

    van Vugt, Eveline; Asscher, Jessica; Hendriks, Jan; Stams, Geert Jan; Bijleveld, Catrien; van der Laan, Peter

    2012-10-01

    Professional decision making in forensic clinical practice may have lifelong consequences for offenders. Although information on moral development is important for prediction of reoffending and referral to adequate treatment, conclusions regarding moral development are still largely based on unstructured clinical judgment instead of assessment instruments. For this study, the authors examined to what extent unstructured clinical judgment of both moral judgment and victim empathy concurred with test results in a group of young sex offenders. Moral judgment was measured with the Sociomoral Reflection Measure-Short Form (SRM-SF), whereas victim empathy was measured with an extended version of the Basic Empathy Scale (BES). No significant associations were found between clinical judgment of moral judgment and the mean scores on the SRM-SF. However, clinical judgment of victim empathy was significantly associated with victim empathy on the Victim Empathy Scale but not consistently in the expected direction. Juvenile sex offenders, who were judged by clinicians to show little victim empathy, displayed lower mean scores on the Victim Empathy Scale than juvenile sex offenders who were evaluated to lack victim empathy or to have intact victim empathy. This study showed unstructured clinical judgment of moral development not to concur with test results. To improve decision-making processes regarding moral development, clinicians are advised to rely on instruments that assess moral development to inform clinical judgment. Further research is needed to examine which predictions are more accurate and to establish the predictive validity of moral development evaluations.

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

    Directory of Open Access Journals (Sweden)

    Vicki Banham

    2017-09-01

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

  8. Proceedings of the 2007 Low-Income Energy Network (LIEN) annual conference : cool ideas, hot solutions : working together to end energy poverty

    International Nuclear Information System (INIS)

    Bhanji, Z.

    2007-01-01

    The Low-Income Energy Network (LIEN) is a network of community organizations that promote programs and policies that address the problems of energy poverty and homelessness. LIEN raises awareness about reducing Ontario's contribution to smog and climate change by promoting a healthy economy through the more efficient use of energy and a transition to renewable energy sources. This conference provided a forum to propose solutions to low-income energy issues such as rising energy prices and rate affordability; reducing bills and pollution through energy conservation programs for low-income consumers; creating a comprehensive province-wide, low-income energy consumers' strategy; and, including energy poverty on the public agenda. One of the 3 presentations from this conference has been catalogued separately for inclusion in this database. refs., tabs., figs

  9. Proceedings of the 2007 Low-Income Energy Network (LIEN) annual conference : cool ideas, hot solutions : working together to end energy poverty

    Energy Technology Data Exchange (ETDEWEB)

    Bhanji, Z. [Low-Income Energy Network, Toronto, ON (Canada)] (comp.)

    2007-07-01

    The Low-Income Energy Network (LIEN) is a network of community organizations that promote programs and policies that address the problems of energy poverty and homelessness. LIEN raises awareness about reducing Ontario's contribution to smog and climate change by promoting a healthy economy through the more efficient use of energy and a transition to renewable energy sources. This conference provided a forum to propose solutions to low-income energy issues such as rising energy prices and rate affordability; reducing bills and pollution through energy conservation programs for low-income consumers; creating a comprehensive province-wide, low-income energy consumers' strategy; and, including energy poverty on the public agenda. One of the 3 presentations from this conference has been catalogued separately for inclusion in this database. refs., tabs., figs.

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

    OpenAIRE

    Williams, Andrew

    1990-01-01

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

  11. Supervisory Control and Court Management

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2009-08-01

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

  12. Individual moral judgment and cultural ideologies.

    Science.gov (United States)

    Narvaez, D; Getz, I; Rest, J R; Thoma, S J

    1999-03-01

    Moral judgment cannot be reduced to cultural ideology, or vice versa. But when each construct is measured separately, then combined, the product predicts powerfully to moral thinking. In Study 1, 2 churches (N = 96) were selected for their differences on religious ideology, political identity, and moral judgment. By combining these 3 variables, a multiple correlation of .79 predicted to members' moral thinking (opinions on human rights issues). Study 2 replicated this finding in a secular sample, with the formula established in Study 1 (R = .77). Individual conceptual development in moral judgment and socialization into cultural ideology co-occur, simultaneously and reciprocally, in parallel, and not serially. Individual development in moral judgment provides the epistemological categories for cultural ideology, which in turn influences the course of moral judgment, to produce moral thinking (e.g., opinions about abortion, free speech).

  13. Case law

    International Nuclear Information System (INIS)

    2013-01-01

    This section reports on 7 case laws from 4 countries: - France: Conseil d'Etat decision, 28 June 2013, refusing to suspend operation of the Fessenheim nuclear power plant; - Slovak Republic: New developments including the Supreme Court's judgment in a matter involving Greenpeace Slovakia's claims regarding the Mochovce nuclear power plant; New developments in the matter involving Greenpeace's demands for information under the Freedom of Information Act; - Switzerland: Judgment of the Federal Supreme Court in the matter of the Departement federal de l'environnement, des transports, de l'energie et de la communication (DETEC) against Ursula Balmer-Schafroth and others on consideration of admissibility of a request to withdraw the operating licence for the Muehleberg nuclear power plant; - United States: Judgment of the Court of Appeals for the District of Columbia Circuit granting petition for writ of mandamus ordering US Nuclear Regulatory Commission (NRC) to resume Yucca Mountain licensing; Judgment of the Court of Appeals for the Second Circuit invalidating two Vermont statutes as preempted by the Atomic Energy Act; Judgment of the NRC on transferring Shieldalloy site to New Jersey's jurisdiction

  14. 42 CFR 433.36 - Liens and recoveries.

    Science.gov (United States)

    2010-10-01

    ... specify the criteria by which a son or daughter can establish to the agency's satisfaction that he or she... her death because of Medicaid claims paid or to be paid on behalf of that individual following a court... property of an individual at any age before his or her death because of Medicaid claims paid or to be paid...

  15. Abortion for foetal abnormalities in Ireland; the limited scope of the Irish Government's response to the A, B and C judgment.

    Science.gov (United States)

    Donoghue, Stephen; Claire-Michelle, Smyth

    2013-04-01

    Abortion has been a controversial topic in Irish law and one which the Government has been forced to address following the decision of the European Court of Human Rights in A, B and C v. Ireland. The Working Group established to make recommendations have specifically been instructed to deal only with the issues raised in the A, B and C judgment and legislate on the basic of the 'X case'. This restricted approach calls for legalisation of abortion only where the life of the mother is at risk, a position unique only to Ireland and Andorra within Europe. The vast majority of member states to the European Convention on Human Rights allow for legal abortion on the basis of foetal abnormality and with this emerging consensus the margin of appreciation hitherto afforded by the European Court to member states is diminishing. The advancement and availability of non-invasive genetic tests that can determine foetal abnormalities together with the ruling in R. R. v. Poland leaves Ireland in a precarious position for omitting any reference to foetal abnormalities in any proposed legislation.

  16. The use of mental health court appearances in supervision.

    Science.gov (United States)

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

    2010-01-01

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

  17. Guide to Alabama Court Procedures.

    Science.gov (United States)

    Alabama Administrative Office of Courts, Montgomery.

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

  18. Judgment, Probability, and Aristotle's Rhetoric.

    Science.gov (United States)

    Warnick, Barbara

    1989-01-01

    Discusses Aristotle's five means of making judgments: intelligence, "episteme" (scientific knowledge), "sophia" (theoretical wisdom), "techne" (art), and "phronesis" (practical wisdom). Sets Aristotle's theory of rhetorical argument within the context of his overall view of human judgment. Notes that…

  19. [Judgment of 30 November 1990].

    Science.gov (United States)

    1991-01-01

    The defendant, who was infected with HIV, was convicted of larceny committed with violence and was sentenced to imprisonment for two years and three months. He appealed the sentence on the grounds that it was too harsh, given his state of health. The German Federal Court agreed with the defendant, ruling that the lower court had not taken into account the fact that the defendant had been infected with HIV for three years and might be subject to an outbreak of AIDS at any time. It held that consideration of such a circumstance is generally necessary because of the drastic effects that such a life-threatening diseases will have on the future life of a defendant. On 23 July 1991, the German Federal Court also held that the fact that a defendant is infected with HIV is normally to be taken into account to the benefit of the defendant in determining a sentence. It ruled that the trial court in this case had properly considered this fact. See Neue Zeitschrift fuer Strafrecht, No. 11, 1991, p. 527. On 25 September 1991, the High Regional Court at Hamm ruled that prison authorities could prohibit the distribution in prison of a brochure entitled "Positive, what next?," published by the German AIDS Assistance Organization. The Court concluded that the section of the brochure dealing with legal remedies was hostile to the objectives of imprisonment to such an extent that distribution to prisoners would undermine the purpose of imprisonment and endanger the security and order of the prison. See Neue Zeitschrift fuer Strafrecht, No. 11, 1992, pp. 559-60.

  20. Aspects of application of auditor’s judgments

    Directory of Open Access Journals (Sweden)

    O.L. Sherstiuk

    2016-12-01

    Full Text Available Users should receive an adequate level of confidence in the possibility of its use for training, study and implementation of management decisions according to the results of audit of financial information. The source of this confidence is the audit report, based on the auditor's judgment, which is formed as the results of the procedures for obtaining and evaluating of audit evidence. Thus, the judgment of the auditor as a result of his work, has a leading role in forming of results of the audit. 517 The evaluative judgments have the special role among the auditor's judgment, which he creates and justifies in the tasks of the audit. Their content is to determine the set of parameters that determine the nature of the subject of judgment. Auditor’s judgements may be used for the purposes of identification (ID judgment. Identification is the process of definition of information, events, circumstances and other objects. Auditor's procedural judgment has content of the regarding procedures that can be used to obtain information and their volume. The classification makes it possible to identify the application targets of auditor’s professional judgment that in its turn, enables the optimization of measures to meet the tasks of auditing financial information.

  1. A subjective utilitarian theory of moral judgment.

    Science.gov (United States)

    Cohen, Dale J; Ahn, Minwoo

    2016-10-01

    Current theories hypothesize that moral judgments are difficult because rational and emotional decision processes compete. We present a fundamentally different theory of moral judgment: the Subjective Utilitarian Theory of moral judgment. The Subjective Utilitarian Theory posits that people try to identify and save the competing item with the greatest "personal value." Moral judgments become difficult only when the competing items have similar personal values. In Experiment 1, we estimate the personal values of 104 items. In Experiments 2-5, we show that the distributional overlaps of the estimated personal values account for over 90% of the variance in reaction times (RTs) and response choices in a moral judgment task. Our model fundamentally restructures our understanding of moral judgments from a competition between decision processes to a competition between similarly valued items. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

  2. 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

  3. 41 CFR 102-41.70 - Are transfers of forfeited personal property reimbursable?

    Science.gov (United States)

    2010-07-01

    ... commercial charges incident to forfeiture prior to the transfer, the recipient agency must pay these charges when billed by the commercial organization. Any payment due to lien holders or other lawful claimants under a judicial forfeiture must be made in accordance with provisions of the court decree. ...

  4. Neural Correlates of Causal Power Judgments

    Directory of Open Access Journals (Sweden)

    Denise Dellarosa Cummins

    2014-12-01

    Full Text Available Causal inference is a fundamental component of cognition and perception. Probabilistic theories of causal judgment (most notably causal Bayes networks derive causal judgments using metrics that integrate contingency information. But human estimates typically diverge from these normative predictions. This is because human causal power judgments are typically strongly influenced by beliefs concerning underlying causal mechanisms, and because of the way knowledge is retrieved from human memory during the judgment process. Neuroimaging studies indicate that the brain distinguishes causal events from mere covariation, and between perceived and inferred causality. Areas involved in error prediction are also activated, implying automatic activation of possible exception cases during causal decision-making.

  5. Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

    Science.gov (United States)

    2006-09-26

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

  6. When psychopathy impairs moral judgments: neural responses during judgments about causing fear.

    Science.gov (United States)

    Marsh, Abigail A; Cardinale, Elise M

    2014-01-01

    Psychopathy is a disorder characterized by reduced empathy, shallow affect and behaviors that cause victims distress, like threats, bullying and violence. Neuroimaging research in both institutionalized and community samples implicates amygdala dysfunction in the etiology of psychopathic traits. Reduced amygdala responsiveness may disrupt processing of fear-relevant stimuli like fearful facial expressions. The present study links amygdala dysfunction in response to fear-relevant stimuli to the willingness of individuals with psychopathic traits to cause fear in other people. Thirty-three healthy adult participants varying in psychopathic traits underwent whole-brain fMRI scanning while they viewed statements that selectively evoke anger, disgust, fear, happiness or sadness. During scanning, participants judged whether it is morally acceptable to make each statement to another person. Psychopathy was associated with reduced activity in right amygdala during judgments of fear-evoking statements and with more lenient moral judgments about causing fear. No group differences in amygdala function or moral judgments emerged for other emotion categories. Psychopathy was also associated with increased activity in middle frontal gyrus (BA 10) during the task. These results implicate amygdala dysfunction in impaired judgments about causing distress in psychopathy and suggest that atypical amygdala responses to fear in psychopathy extend across multiple classes of stimuli.

  7. 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

  8. 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.

  9. LE LIEN ENTRE FINANCE ET ECONOMIE ISLAMIQUES VIA LE MODELE PRINCIPIEL "ZR"

    OpenAIRE

    BELABES, ABDERRAZAK

    2010-01-01

    A l'heure où certains évoquent l'intégration de la finance islamique à la finance globale, et d'autres rattachent la finance islamique à des thèmes en vogue telles que la finance éthique, la finance participative ou la finance socialement responsable, le présent papier explore le lien entre finance et économie islamiques à partir du modèle principiel "ZR", c’est-à-dire "Zakât" et "Ribâ". Ce modèle montre que les principes invariants de Zakât et Ribâ jouent un rôle central dans l’établissement...

  10. 26 CFR 20.6324A-1 - Special lien for estate tax deferred under section 6166 or 6166A.

    Science.gov (United States)

    2010-04-01

    ...) for payment of the estate tax. Such value must take into account any encumbrance on the property (such... the required value must be added to the agreement within 90 days after notice and demand from the... 26 Internal Revenue 14 2010-04-01 2010-04-01 false Special lien for estate tax deferred under...

  11. Pengaruh Gender dan Pengalaman Audit terhadap Audit Judgment

    Directory of Open Access Journals (Sweden)

    Erna Pasanda

    2013-12-01

    Full Text Available This study aims to examine the influence of gender and audit experience toward audit judgment and to examine gender and audit experience towards audit judgment when moderated by client credibility. The research was conducted on auditors who worked on KAP in Makassar South Sulawesi using survey. Sampling technique in this study was random sampling based on judgment. Data collected and then analyzed by employing regression method and Moderated Regression Analysis (MRA. The result indicates that gender does not significantly influence audit judgment while audit experience significantly influences audit judgment. Client credibility does not moderate the influence of gender and audit experience on the audit judgment.

  12. Barriers to addressing substance abuse in domestic violence court.

    Science.gov (United States)

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

    2014-03-01

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

  13. Original and Derived Judgment

    DEFF Research Database (Denmark)

    Foss, Kirsten; Foss, Nicolai Juul; Klein, Peter G.

    2007-01-01

    Recent work links entrepreneurship to the economic theory of the firm, using the concept of entrepreneurship as judgment introduced by Frank Knight. When judgment is complementary to other assets, it makes sense for entrepreneurs to hire labour and to own assets. The entrepreneur's role, then...... to subordinates, who exercise derived judgment. We call these employees `proxy-entrepreneurs', and ask how the firm's organizational structure - its formal and informal systems of rewards and punishments, rules for settling disputes and renegotiating agreements, means of evaluating performance and so on - can...... be designed to encourage forms of proxy entrepreneurship that increase firm value while discouraging actions that destroy value. Building on key ideas from the entrepreneurship literature, Austrian economics and the economic theory of the firm, we develop a framework for analysing the trade-off between...

  14. Inference of trustworthiness from intuitive moral judgments.

    Science.gov (United States)

    Everett, Jim A C; Pizarro, David A; Crockett, M J

    2016-06-01

    Moral judgments play a critical role in motivating and enforcing human cooperation, and research on the proximate mechanisms of moral judgments highlights the importance of intuitive, automatic processes in forming such judgments. Intuitive moral judgments often share characteristics with deontological theories in normative ethics, which argue that certain acts (such as killing) are absolutely wrong, regardless of their consequences. Why do moral intuitions typically follow deontological prescriptions, as opposed to those of other ethical theories? Here, we test a functional explanation for this phenomenon by investigating whether agents who express deontological moral judgments are more valued as social partners. Across 5 studies, we show that people who make characteristically deontological judgments are preferred as social partners, perceived as more moral and trustworthy, and are trusted more in economic games. These findings provide empirical support for a partner choice account of moral intuitions whereby typically deontological judgments confer an adaptive function by increasing a person's likelihood of being chosen as a cooperation partner. Therefore, deontological moral intuitions may represent an evolutionarily prescribed prior that was selected for through partner choice mechanisms. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

  15. On judgment and judgmentalism: how counselling can make people better.

    Science.gov (United States)

    Gibson, S

    2005-10-01

    Counsellors, like other members of the caring professions, are required to practise within an ethical framework, at least in so far as they seek professional accreditation. As such, the counsellor is called upon to exercise her moral agency. In most professional contexts this requirement is, in itself, unproblematic. It has been suggested, however, that counselling practice does present a problem in this respect, in so far as the counsellor is expected to take a non-judgemental stance and an attitude of "unconditional positive regard" toward the client. If, as might appear to be the case, this stance and attitude are at odds with the making of moral judgments, the possibility of an adequate ethics of counselling is called into question. This paper explores the nature and extent of the problem suggesting that, understood in a Kantian context, non-judgmentalism can be seen to be at odds with neither the moral agency of the counsellor nor that of the client. Instead, it is argued, the relationship between the non-judgmental counsellor and her client is a fundamentally moral relationship, based on respect for the client's unconditional worth as a moral agent.

  16. Moral judgment as information processing: an integrative review.

    Science.gov (United States)

    Guglielmo, Steve

    2015-01-01

    How do humans make moral judgments about others' behavior? This article reviews dominant models of moral judgment, organizing them within an overarching framework of information processing. This framework poses two distinct questions: (1) What input information guides moral judgments? and (2) What psychological processes generate these judgments? Information Models address the first question, identifying critical information elements (including causality, intentionality, and mental states) that shape moral judgments. A subclass of Biased Information Models holds that perceptions of these information elements are themselves driven by prior moral judgments. Processing Models address the second question, and existing models have focused on the relative contribution of intuitive versus deliberative processes. This review organizes existing moral judgment models within this framework and critically evaluates them on empirical and theoretical grounds; it then outlines a general integrative model grounded in information processing, and concludes with conceptual and methodological suggestions for future research. The information-processing framework provides a useful theoretical lens through which to organize extant and future work in the rapidly growing field of moral judgment.

  17. Moral judgment as information processing: an integrative review

    Science.gov (United States)

    Guglielmo, Steve

    2015-01-01

    How do humans make moral judgments about others’ behavior? This article reviews dominant models of moral judgment, organizing them within an overarching framework of information processing. This framework poses two distinct questions: (1) What input information guides moral judgments? and (2) What psychological processes generate these judgments? Information Models address the first question, identifying critical information elements (including causality, intentionality, and mental states) that shape moral judgments. A subclass of Biased Information Models holds that perceptions of these information elements are themselves driven by prior moral judgments. Processing Models address the second question, and existing models have focused on the relative contribution of intuitive versus deliberative processes. This review organizes existing moral judgment models within this framework and critically evaluates them on empirical and theoretical grounds; it then outlines a general integrative model grounded in information processing, and concludes with conceptual and methodological suggestions for future research. The information-processing framework provides a useful theoretical lens through which to organize extant and future work in the rapidly growing field of moral judgment. PMID:26579022

  18. Reflective journaling for clinical judgment development and evaluation.

    Science.gov (United States)

    Lasater, Kathie; Nielsen, Ann

    2009-01-01

    Reflective journaling is a strategy used often in clinical education to gain insight into students' clinical thinking; however, studies indicate that students may benefit from guided reflections. Numerous tools have been used to structure student reflection with varying results. This article describes the outcomes from using the Guide for Reflection based on Tanner's Clinical Judgment Model. The Lasater Clinical Judgment Rubric, created from the Model, is used to evaluate development of clinical judgment and provides language to communicate about clinical thinking with students. Senior immersion course competencies, also developed with language from Tanner's Clinical Judgment Model,offer a comprehensive package that fosters students' clinical judgment development, faculty-student communication about clinical judgment, and evaluation of students' clinical thinking.

  19. PENGADILAN HIBRIDA (HYBRID COURT SEBAGAI ALTERNATIF PENANGANAN KEJAHATAN INTERNASIONAL

    Directory of Open Access Journals (Sweden)

    Arie Siswanto

    2016-10-01

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

  20. The judgment of the Federal Constitutional Court on the phasing out of nuclear power. Consequences for phasing out of coal use; Das Urteil des Bundesverfassungsgerichts zum Atomausstieg. Konsequenzen fuer den Kohleausstieg

    Energy Technology Data Exchange (ETDEWEB)

    Ziehm, Cornelia

    2017-02-15

    The first nuclear phase out of 2002 has not been a subject of judicial review. The nuclear regulations at that time were based on negotiations between the then federal government and the operators. In the context of these negotiations, the operators themselves were committed to waive a judicial review. The Federal Constitutional Court now had first the opportunity to clarify the legal requirements for phase-out from a certain form of energy generation by means of the constitutional complaints lodged by the operators against the second nuclear phase-out amendment adopted by the 13th Atomic Energy Act. The nuclear phase-out of 2011 with fixed, staggered turn-off data for the individual nuclear power plants is, as a matter of principle, in accordance with the Karlsruher decision. The judgment of 6 December 2016 also merit relevance, especially with regard to the coal exit. [German] Der erste Atomausstieg von 2002 ist nicht gerichtlich ueberprueft worden. Die seinerzeitigen atomgesetzlichen Regelungen beruhten auf Verhandlungen zwischen der damaligen Bundesregierung und den Betreibern. Im Rahmen dieser Verhandlungen hatten sich die Betreiber ihrerseits verpflichtet, auf eine gerichtliche Ueberpruefung zu verzichten. Durch die von den Betreibern gegen den mit der 13. Atomgesetz-Novelle 2011 beschlossenen zweiten Atomausstieg eingelegten Verfassungsbeschwerden hatte das Bundesverfassungsgericht nunmehr erstmals die Gelegenheit, die rechtlichen Voraussetzungen eines Ausstiegs aus einer bestimmten Form der Energieerzeugung zu klaeren. Der Atomausstieg von 2011 mit fixen, gestaffelten Abschaltdaten fuer die einzelnen Atomkraftwerke ist nach der Karlsruher Entscheidung grundsaetzlich verfassungsgemaess. Dem Urteil vom 6. Dezember 2016 kommt auch und gerade im Hinblick auf den Kohleausstieg Relevanz dazu.

  1. 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....

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

    NARCIS (Netherlands)

    Hoevenaars, J.

    2018-01-01

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

  3. Case C-1/05, Yunying Jia v Migrationsverket, Judgment of the Court (Grand Chamber), 9 January 2007

    DEFF Research Database (Denmark)

    Elsmore, Matthew J.

    2007-01-01

    offering a way of getting round national immigration law.                       But in Akrich, the Court of Justice decided that third-country family members have to show prior 'lawful residence' within the EU in order to trigger Community protection; a decision which attracted much attention....... An interpretation of Akrich was sought in Case C-1/05, Jia, and though keenly anticipated, Jia is a let down for those seeking clarity and guidance, especially as to what is meant by 'lawful residence'. However, on further examination the ruling provides scope to debate unresolved issues, provided one is willing...

  4. Pitfalls in Teaching Judgment Heuristics

    Science.gov (United States)

    Shepperd, James A.; Koch, Erika J.

    2005-01-01

    Demonstrations of judgment heuristics typically focus on how heuristics can lead to poor judgments. However, exclusive focus on the negative consequences of heuristics can prove problematic. We illustrate the problem with the representativeness heuristic and present a study (N = 45) that examined how examples influence understanding of the…

  5. Improving moral judgments: philosophical considerations

    NARCIS (Netherlands)

    Kalis, A.

    2010-01-01

    In contemporary moral psychology, an often-heard claim is that knowing how we make moral judgments can help us make better moral judgments. Discussions about moral development and improvement are often framed in terms of the question of which mental processes have a better chance of leading to good

  6. Risk Emotions and Risk Judgments: Passive Bodily Experience and Active Moral Reasoning in Judgmental Constellations.

    NARCIS (Netherlands)

    Coeckelbergh, Mark; Roeser, Sabine

    2010-01-01

    Experts typically accuse lay people of “emotional” responses to technological risk as opposed to their own “rational” judgment. This attitude is in tune with risk perception research that qualifies lay people’s responses in terms of bias. By contrast, cognitivists argue that emotions are judgments

  7. Moral Motivation, Moral Judgment, and Antisocial Behavior

    Science.gov (United States)

    Brooks, Jeff; Bock, Tonia; Narvaez, Darcia

    2013-01-01

    The link between judgment and action is weak throughout psychology, including moral psychology. That is, people often do not act in accordance with their reasoning. Might moral judgment development be better viewed as a capacity that inhibits "immoral" behavior? One model that helps account for the moral judgment-action gap is Rest's…

  8. Deliberation's blindsight: how cognitive load can improve judgments.

    Science.gov (United States)

    Hoffmann, Janina A; von Helversen, Bettina; Rieskamp, Jörg

    2013-06-01

    Multitasking poses a major challenge in modern work environments by putting the worker under cognitive load. Performance decrements often occur when people are under high cognitive load because they switch to less demanding--and often less accurate--cognitive strategies. Although cognitive load disturbs performance over a wide range of tasks, it may also carry benefits. In the experiments reported here, we showed that judgment performance can increase under cognitive load. Participants solved a multiple-cue judgment task in which high performance could be achieved by using a similarity-based judgment strategy but not by using a more demanding rule-based judgment strategy. Accordingly, cognitive load induced a shift to a similarity-based judgment strategy, which consequently led to more accurate judgments. By contrast, shifting to a similarity-based strategy harmed judgments in a task best solved by using a rule-based strategy. These results show how important it is to consider the cognitive strategies people rely on to understand how people perform in demanding work environments.

  9. Moral Judgment as Information Processing: An Integrative Review

    Directory of Open Access Journals (Sweden)

    Steve eGuglielmo

    2015-10-01

    Full Text Available This article reviews dominant models of moral judgment, organizing them within an overarching framework of information processing. This framework poses two fundamental questions: (1 What input information guides moral judgments?; and (2 What psychological processes generate these judgments? Information Models address the first question, identifying critical information elements (including causality, intentionality, and mental states that shape moral judgments. A subclass of Biased Information Models holds that perceptions of these information elements are themselves driven by prior moral judgments. Processing Models address the second question, and existing models have focused on the relative contribution of intuitive versus deliberative processes. This review organizes existing moral judgment models within this framework, critically evaluates them on empirical and theoretical grounds, outlines a general integrative model grounded in information processing, and offers conceptual and methodological suggestions for future research. The information processing perspective provides a useful theoretical framework for organizing extant and future work in the rapidly growing field of moral judgment.

  10. 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.

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

    OpenAIRE

    Hiller, Kinga

    2010-01-01

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

  12. 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.

  13. Supreme Court Position Regarding the Implementation of International Law Crimes of the Past in Spain: a Legal Analysis after Reports of the un Working Group on Enforced Disappearance, the Committee on Enforced Disappearances and the un Special Rapporteur

    Directory of Open Access Journals (Sweden)

    Javier Chinchón Álvarez

    2014-10-01

    Full Text Available Along with the undeniable importance of the case, the judgment of the Spanish Supreme Court in the trial against Judge Baltasar Garzón accused of prevarication, having declared itself competent to investigate complaints for crimes committed during the Civil War and the Franco’s regime, it has had a determining significance: from then to now, the doctrine of the High Court has been almost literally followed by the remaining Spanish courts against any complaint concerning to crimes com- mitted before the last transition to democracy in Spain. This state of affairs has been repeatedly criticized by various bodies of the United Nations, expressly by the three that have visited Spain more recently: The UN Working Group on Enforced or Involuntary Disappearances, the Committee on Enforced Disappearances and the UN Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-Repetition. In this contribution will be presented and analysed transcendent positions defended by the Supreme Court regarding the application of international law to the past crimes in Spain and especially its configuration as crimes against humanity, the legal assessment about the enforced disappearance, and the validity and application of the 1977 Amnesty Law.

  14. Involvement of right piriform cortex in olfactory familiarity judgments. : Familiarity judgment in olfaction

    OpenAIRE

    Plailly , Jane; Bensafi , Moustafa; Pachot-Clouard , Mathilde; Delon-Martin , Chantal; Kareken , David ,; Rouby , Catherine; Segebarth , Christoph; Royet , Jean ,

    2005-01-01

    International audience; Previous studies have shown activation of right orbitofrontal cortex during judgments of odor familiarity. In the present study, we sought to extend our knowledge about the neural circuits involved in such a task by exploring the involvement of the right prefrontal areas and limbic/primary olfactory structures. Fourteen right-handed male subjects were tested using fMRI with a single functional run of two olfactory conditions (odor detection and familiarity judgments). ...

  15. [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

  16. Unwrapping Court-Connected Mediation Agreements

    DEFF Research Database (Denmark)

    Adrian, Lin; Mykland, Solfrid

    2018-01-01

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

  17. Matching Judicial Supervision to Clients’ Risk Status in Drug Court

    Science.gov (United States)

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

    2007-01-01

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

  18. Limits of verification by the Federal Constitutional Court

    International Nuclear Information System (INIS)

    Anon.

    1985-01-01

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

  19. Electrophysiological difference between the representations of causal judgment and associative judgment in semantic memory.

    Science.gov (United States)

    Chen, Qingfei; Liang, Xiuling; Lei, Yi; Li, Hong

    2015-05-01

    Causally related concepts like "virus" and "epidemic" and general associatively related concepts like "ring" and "emerald" are represented and accessed separately. The Evoked Response Potential (ERP) procedure was used to examine the representations of causal judgment and associative judgment in semantic memory. Participants were required to remember a task cue (causal or associative) presented at the beginning of each trial, and assess whether the relationship between subsequently presented words matched the initial task cue. The ERP data showed that an N400 effect (250-450 ms) was more negative for unrelated words than for all related words. Furthermore, the N400 effect elicited by causal relations was more positive than for associative relations in causal cue condition, whereas no significant difference was found in the associative cue condition. The centrally distributed late ERP component (650-750 ms) elicited by the causal cue condition was more positive than for the associative cue condition. These results suggested that the processing of causal judgment and associative judgment in semantic memory recruited different degrees of attentional and executive resources. Copyright © 2015 Elsevier B.V. All rights reserved.

  20. Internal and External Dialogue: A Method for Quality Court Management

    Directory of Open Access Journals (Sweden)

    Marie Hagsgård

    2008-10-01

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

  1. The neural basis of intuitive and counterintuitive moral judgment

    Science.gov (United States)

    Wiech, Katja; Shackel, Nicholas; Farias, Miguel; Savulescu, Julian; Tracey, Irene

    2012-01-01

    Neuroimaging studies on moral decision-making have thus far largely focused on differences between moral judgments with opposing utilitarian (well-being maximizing) and deontological (duty-based) content. However, these studies have investigated moral dilemmas involving extreme situations, and did not control for two distinct dimensions of moral judgment: whether or not it is intuitive (immediately compelling to most people) and whether it is utilitarian or deontological in content. By contrasting dilemmas where utilitarian judgments are counterintuitive with dilemmas in which they are intuitive, we were able to use functional magnetic resonance imaging to identify the neural correlates of intuitive and counterintuitive judgments across a range of moral situations. Irrespective of content (utilitarian/deontological), counterintuitive moral judgments were associated with greater difficulty and with activation in the rostral anterior cingulate cortex, suggesting that such judgments may involve emotional conflict; intuitive judgments were linked to activation in the visual and premotor cortex. In addition, we obtained evidence that neural differences in moral judgment in such dilemmas are largely due to whether they are intuitive and not, as previously assumed, to differences between utilitarian and deontological judgments. Our findings therefore do not support theories that have generally associated utilitarian and deontological judgments with distinct neural systems. PMID:21421730

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

    Science.gov (United States)

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

    2013-09-01

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

  3. Process and representation in multiple-cue judgment

    OpenAIRE

    Olsson, Anna-Carin

    2002-01-01

    This thesis investigates the cognitive processes and representations underlying human judgment in a multiple-cue judgment task. Several recent models assume that people have several qualitatively distinct and competing levels of knowledge representations (Ashby, Alfonso-Reese, Turken, & Waldron, 1998; Erickson & Kruschke, 1998; Nosofsky, Palmeri, & McKinley, 1994; Sloman, 1996). The most successful cognitive models in categorization and multiple-cue judgment are, respectively, exe...

  4. A STUDY OF ESTHETIC JUDGMENT.

    Science.gov (United States)

    CHILD, IRVIN L.

    THE ABILITY OF COLLEGE STUDENTS TO RECOGNIZE DEGREES OF ESTHETIC MERIT IN OBJECTS OF ART WAS STUDIED. THE OBJECTIVE WAS TO DETERMINE BY EXPERIMENTATION SOME OF THE FACTORS WHICH MAY BE IMPORTANT IN THE DEVELOPMENT OF ESTHETIC JUDGMENT. A SAMPLE OF MALE COLLEGE STUDENTS WAS GIVEN SEVERAL TESTS OF ESTHETIC JUDGMENT. FROM THESE SUBJECTS WERE CHOSEN…

  5. De la recherche salariée en France : lien de subordination et liberté de la recherche

    Directory of Open Access Journals (Sweden)

    Constance Perrin-Joly

    2010-12-01

    Full Text Available Au travers de l’expérience d’une thèse de sociologie menée en entreprise (sous convention industrielle de formation par la recherche, nous chercherons en quoi le lien de subordination attaché au salariat et la dépendance économique associée nuisent à la liberté de la recherche, le sociologue ne pouvant s’appuyer sur les ressources d’une profession constituée ou s’intégrer dans une organisation logocratique. Le chercheur, pris entre des injonctions dissonantes risque de favoriser son intérêt personnel à court terme de salarié, parfois au détriment de celui attaché à sa position de sociologue, pour rendre la situation tenable. Les liens qui se créent avec la mise en place de relations de travail approfondies et du fait de l’intégration dans des logiques de pouvoir internes gênent également la distance affective nécessaire à la co-construction des résultats.About salary research in France: subordination link and freedom researchBased on a PhD done within a company (with special French contract named CIFRE, this article deals with how subordination link in salary and economic dependency harm research’s freedom. In fact, sociologist can neither draw on a system of profession resources, nor be integrated into a “logocratic firm”. The researcher which undergoes paradoxical injunctions risks promoting his own short-term salary interest to the detriment of scientific interest, in order to make the situation bearable. Furthermore, the affective distance necessary to achieve results - with people concerned by the request (“co-construction”, is affected by close working relationships and socially-influenced relationships.De la investigación asalariada en Francia: vínculo de subordinación entre libertad e investigaciónMediante  la experiencia de una tesis sociológica llevada a cabo en una empresa (bajo convención industrial de formación por investigación, buscaremos la forma en la que el vínculo de

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

    African Journals Online (AJOL)

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

  7. 25 CFR 11.907 - Transfer to Court of Indian Offenses.

    Science.gov (United States)

    2010-04-01

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

  8. The Influence of Judgment Calls on Meta-Analytic Findings.

    Science.gov (United States)

    Tarrahi, Farid; Eisend, Martin

    2016-01-01

    Previous research has suggested that judgment calls (i.e., methodological choices made in the process of conducting a meta-analysis) have a strong influence on meta-analytic findings and question their robustness. However, prior research applies case study comparison or reanalysis of a few meta-analyses with a focus on a few selected judgment calls. These studies neglect the fact that different judgment calls are related to each other and simultaneously influence the outcomes of a meta-analysis, and that meta-analytic findings can vary due to non-judgment call differences between meta-analyses (e.g., variations of effects over time). The current study analyzes the influence of 13 judgment calls in 176 meta-analyses in marketing research by applying a multivariate, multilevel meta-meta-analysis. The analysis considers simultaneous influences from different judgment calls on meta-analytic effect sizes and controls for alternative explanations based on non-judgment call differences between meta-analyses. The findings suggest that judgment calls have only a minor influence on meta-analytic findings, whereas non-judgment call differences between meta-analyses are more likely to explain differences in meta-analytic findings. The findings support the robustness of meta-analytic results and conclusions.

  9. AVOIDING MAZIBUKO: WATER SECURITY AND CONSTITUTIONAL RIGHTS IN SOUTHERN AFRICAN CASE LAW

    Directory of Open Access Journals (Sweden)

    Ed Couzens

    2015-11-01

    Full Text Available The 2009 judgment by the Constitutional Court of South Africa in Mazibuko v City of Johannesburg is seen by many as a watershed in the interpretation of the fundamental constitutional right of access to water. The Constitutional Court ruled that the right of access to sufficient water does not require that the state provide every person upon demand and without more with sufficient water. Nor does the obligation confer on any person a right to claim "sufficient water" from the state immediately. Reactions to the judgment have been consistently negative, with criticisms largely focusing on the Court's apparent lack of appreciation for the situation of the very poor. It is not easy, however, to overturn a decision of the Constitutional Court and South Africa will need to work within the constraints of the precedent for many years to come. It is suggested in this article that two subsequent, recent judgments (one of the Supreme Court of Appeal in South Africa, City of Cape Town v Strümpher, 2012, and one of the High Court in Zimbabwe, Mushoriwa v City of Harare, 2014 show how it might be possible for courts to avoid the Mazibuko precedent and yet give special attention to water-related rights. Both cases concerned spoliation applications in common law, but both were decided as though access to water supply and water-related rights allow a court to give weight to factors other than the traditional grounds for a spoliation order. It can be argued that in both cases the unlawfulness necessary for a spoliation order arose from a combination of dispossession and breach of rights in respect of a very particular and special kind of property. In the arid and potentially water-stressed Southern African region, and in the context of extreme and apparently increasing poverty, there will undoubtedly be more court cases to come involving access to water. Conclusions are drawn as to how the two judgments considered might offer a way to ameliorate the harsh

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

    NARCIS (Netherlands)

    Gáspár-Szilágyi, S.

    2016-01-01

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

  11. The Influence of Cognitive Biases on Court Decisions. Contributions of Legal Psychology to the Adversary Criminal Proceedings

    Directory of Open Access Journals (Sweden)

    Paola Iliana De la Rosa Rodríguez

    2016-06-01

    Full Text Available The purpose of this paper is to disperse among the judiciary and society the psychological procedures involved in the decision-making process of judges since they are not only influenced by law but by previous ideas and values. It is worth questioning: in what extent their personal views and beliefs are the bases of verdicts? How can aversions and public opinion have an impact in the court decision? This paper analyzes and states the differences of the judicial role in the Mexican adversarial system and the inquisitorial models of justice. It also critiques the categories of the judicial officers and presents the circumstances that make an impact on judicial decisions, according to Psychology studies. It finally classifies cognitive biases and concludes that the more knowledge judges have about it, the more imparcial judgments will be.

  12. 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,…

  13. 26 CFR 601.104 - Collection functions.

    Science.gov (United States)

    2010-04-01

    .... (2) Withholding of tax at source. Withholding at the source of income payments is an important method... effectively connected with the conduct of a trade or business in the United States is the withholding of the... any purchaser, holder of a security interest, mechanic's lienor, or judgment lien creditor until...

  14. 31 CFR 594.312 - Transfer.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Transfer. 594.312 Section 594.312 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF FOREIGN... creation or transfer of any lien; the issuance, docketing, filing, or levy of or under any judgment, decree...

  15. 31 CFR 543.309 - Transfer.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Transfer. 543.309 Section 543.309 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF FOREIGN... creation or transfer of any lien; the issuance, docketing, filing, or levy of or under any judgment, decree...

  16. 31 CFR 588.309 - Transfer.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Transfer. 588.309 Section 588.309 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF FOREIGN... creation or transfer of any lien; the issuance, docketing, filing, or levy of or under any judgment, decree...

  17. 40 CFR 194.26 - Expert judgment.

    Science.gov (United States)

    2010-07-01

    ... CFR PART 191 DISPOSAL REGULATIONS Compliance Certification and Re-certification General Requirements... experts (by name and employer) involved in any expert judgment elicitation processes used to support the... judgment elicitation processes and the reasoning behind those results. Documentation of interviews used to...

  18. 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.

  19. First instance competence of the Higher Administrative Court

    International Nuclear Information System (INIS)

    Anon.

    1988-01-01

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

  20. Educational Malpractice: Why the Courts Say No.

    Science.gov (United States)

    Hammes, Richard

    1989-01-01

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

  1. 32 CFR 1602.13 - Judgmental Classification.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Judgmental Classification. 1602.13 Section 1602.13 National Defense Other Regulations Relating to National Defense SELECTIVE SERVICE SYSTEM DEFINITIONS § 1602.13 Judgmental Classification. A classification action relating to a registrant's claim for...

  2. The Role of Courts in Shaping Health Equity.

    Science.gov (United States)

    Hall, Mark A

    2017-10-01

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

  3. Social Media and the Electronic “New World” of Judges

    Directory of Open Access Journals (Sweden)

    Judith Gibson

    2016-03-01

    Full Text Available Courts in Australia not only have social media policies to control social media use in the courtroom, but are starting to use social media to publish judgments and court-related information. How will the interactive nature of social media affect the discourse between the court and litigants? Will social media require courts to take court “user” satisfaction into account in the provision of justice, and how is the dissemination of judgments on social media affecting public perceptions of traditional rules such as the doctrine of precedent? This discussion paper examines the future of courts in a social media world where the “like” button, and not just the legislature or stare decisis, may play an increasingly powerful role in shaping both the content of the law and the way in which courts administer justice.

  4. 26 CFR 20.2204-3 - Special rules for estates of decedents dying after December 31, 1976; special lien under section...

    Science.gov (United States)

    2010-04-01

    ...) and 20.2204-2(b), in the case of a decedent dying after December 31, 1976, if the executor elects a..., the executor may not thereafter substitute a bond pursuant to section 2204 in lieu of that lien. If a bond has been supplied under section 2204, however,the executor may, by filing a proper notice of...

  5. 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 ...

  6. Examining corporate reputation judgments with generalizability theory.

    Science.gov (United States)

    Highhouse, Scott; Broadfoot, Alison; Yugo, Jennifer E; Devendorf, Shelba A

    2009-05-01

    The researchers used generalizability theory to examine whether reputation judgments about corporations function in a manner consistent with contemporary theory in the corporate-reputation literature. University professors (n = 86) of finance, marketing, and human resources management made repeated judgments about the general reputations of highly visible American companies. Minimal variability in the judgments is explained by items, time, persons, and field of specialization. Moreover, experts from the different specializations reveal considerable agreement in how they weigh different aspects of corporate performance in arriving at their global reputation judgments. The results generally support the theory of the reputation construct and suggest that stable estimates of global reputation can be achieved with a small number of items and experts. (c) 2009 APA, all rights reserved.

  7. ‘Access to Justice’ and the Development of the Van Gend En Loos Doctrine: The Role of Courts and of the Individual in EU Law

    Directory of Open Access Journals (Sweden)

    Daminova Nasiya

    2017-12-01

    Full Text Available The ‘access to justice’ within the meaning of the Treaty of Lisbon and the pertinent CJEU jurisprudence is primarily seen as access to the EU judicial system, i.e. to the EU Member States’ national courts applying the EU Law or/and the CJEU. The concept of ‘access to justice’ is therefore developing such premises of the Van Gend en Loos judgment as direct effect, vigilance of the EU individual, and the symbiotic relationship between the CJEU and national courts via the preliminary reference procedure. This work aims to explore the development of two basic ideas of Van Gend en Loos, i.e. granting directly enforceable EU rights to individuals and authorizing national courts to protect those rights, in light of the ‘access to justice’ concept within the meaning of the Lisbon Treaty – considering their importance for the realization of EU individuals’ substantive rights and uncertainty surrounding this issue. The paper develops a critique of the theory of justice in EU Law, analyzing if and how the Van Gend en Loos premises influenced the role of individuals making an attempt to claim their EU rights and the role of the EU courts responsible for the enforcement of ‘access to justice’ in the European Union. The claim of this paper is that the new concept of ‘access to justice’ brought by the Lisbon Treaty may be seen as the further development of the Van Gend ‘federalizing effect’ for greater integration through law and an enhanced protection of the individual within the EU multilevel system of Human Rights protection.

  8. 27 CFR 70.143 - Definitions.

    Science.gov (United States)

    2010-04-01

    ... general. The term security interest means any interest in property acquired by contract for the purpose of... any rule or principle of local law which permits the relation back or the making of any requisite... protected under local law against a subsequent judgment lien (as provided in paragraph (a)(2) of this...

  9. Regional Courts as Judicial Brakes?

    Directory of Open Access Journals (Sweden)

    Metcalf Katrin Nyman

    2017-12-01

    Full Text Available The article examines how regional integration courts can act as judicial brakes, at a time when “constitutional coups” – leaders staying in power past constitutional time limits or other forms of actions against the spirit if not always the letter of the constitution – are alarmingly common. The article discusses how regional courts can be used to modify or protect national rule of law and the constitutional order from the outside (i.e. from the regional integration aspect and the extent to which this can be valid particularly to promote a uniform interpretation and application of human rights. Although this trend is visible in Europe, it is more striking, because less expected, on other continents, in particular Africa and the Americas, where the developments take place in less than perfect democratic environments. The article contains evidence from cases dealt with in the various regional courts, supporting that a system of political and judicial oversight, especially in regions with weak or fragile democratic systems, can be a useful addition to national judicial or other mechanisms of protection of rule of law and control of the executive. Action by regional courts helps defeat perceptions of majoritarian politics, which in many countries allow for the winner to take all. Under a system of regional oversight, states become aware of the limits they themselves have set and citizens become aware of their possibilities to challenge political power.

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

    OpenAIRE

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

    2016-01-01

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

  11. Statutory Interpretation through the Prism of the Bill of Rights: S v Litako 2014 SACR 431 (SCA

    Directory of Open Access Journals (Sweden)

    Salona Lutchman

    2015-07-01

    Full Text Available On 16 April 2014, the Supreme Court of Appeal handed down judgment in the matter of S v Litako 2014 2 SACR 431 (SCA ("Litako". The judgment reconsiders the landmark decision of the same court, S v Ndhlovu 2002 2 SACR 325 (SCA ("Ndhlovu" in which the court held that an informal admission made by one accused could be admitted against a co-accused even if the accused in court denies making the statement and the statement itself is therefore considered to be hearsay. The court in Ndhlovu applied section 3 of the Law of Evidence Amendment Act 45 of 1988 and found that the hearsay extra curial admission could be admitted in the interests of justice. In Litako the court found that section 3 did not overrule an existing common law rule, which is that the extra curial statement of an accused (whether an informal admission or a confession cannot be tendered against a co-accused. This is because section 3 does not expressly overrule this common law rule. Rather, the provision itself requests that its application be subject to the common law. The judgment is important for various reasons. Firstly, it is generally in keeping with the existing rule on the cautionary treatment of accomplice evidence. Secondly, the judgment highlights the current confusion in the relationship between statute and common law with regards to informal admissions and confessions. Thirdly, the court employs methods of statutory interpretation to re-examine the principle from Ndhlovu and finds that the court in that case did not apply its mind correctly in disregarding the common law rule. The court undertook a teleological approach to interpretation by infusing the meaning of the words with the spirit, purport and objects of the Bill of Rights and found that the statute had not overruled the common law rule.

  12. Judgment sampling: a health care improvement perspective.

    Science.gov (United States)

    Perla, Rocco J; Provost, Lloyd P

    2012-01-01

    Sampling plays a major role in quality improvement work. Random sampling (assumed by most traditional statistical methods) is the exception in improvement situations. In most cases, some type of "judgment sample" is used to collect data from a system. Unfortunately, judgment sampling is not well understood. Judgment sampling relies upon those with process and subject matter knowledge to select useful samples for learning about process performance and the impact of changes over time. It many cases, where the goal is to learn about or improve a specific process or system, judgment samples are not merely the most convenient and economical approach, they are technically and conceptually the most appropriate approach. This is because improvement work is done in the real world in complex situations involving specific areas of concern and focus; in these situations, the assumptions of classical measurement theory neither can be met nor should an attempt be made to meet them. The purpose of this article is to describe judgment sampling and its importance in quality improvement work and studies with a focus on health care settings.

  13. Implications of Cognitive Load for Hypothesis Generation and Probability Judgment.

    Directory of Open Access Journals (Sweden)

    Amber M Sprenger

    2011-06-01

    Full Text Available We tested the predictions of HyGene (Thomas, Dougherty, Sprenger, & Harbison, 2008 that both divided attention at encoding and judgment should affect degree to which participants’ probability judgments violate the principle of additivity. In two experiments, we showed that divided attention during judgment leads to an increase in subadditivity, suggesting that the comparison process for probability judgments is capacity limited. Contrary to the predictions of HyGene, a third experiment revealed that divided attention during encoding leads to an increase in later probability judgment made under full attention. The effect of divided attention at encoding on judgment was completely mediated by the number of hypotheses participants generated, indicating that limitations in both encoding and recall can cascade into biases in judgments.

  14. Probative value of absolute and relative judgments in eyewitness identification.

    Science.gov (United States)

    Clark, Steven E; Erickson, Michael A; Breneman, Jesse

    2011-10-01

    It is well-accepted that eyewitness identification decisions based on relative judgments are less accurate than identification decisions based on absolute judgments. However, the theoretical foundation for this view has not been established. In this study relative and absolute judgments were compared through simulations of the WITNESS model (Clark, Appl Cogn Psychol 17:629-654, 2003) to address the question: Do suspect identifications based on absolute judgments have higher probative value than suspect identifications based on relative judgments? Simulations of the WITNESS model showed a consistent advantage for absolute judgments over relative judgments for suspect-matched lineups. However, simulations of same-foils lineups showed a complex interaction based on the accuracy of memory and the similarity relationships among lineup members.

  15. Implications of Cognitive Load for Hypothesis Generation and Probability Judgment

    Science.gov (United States)

    Sprenger, Amber M.; Dougherty, Michael R.; Atkins, Sharona M.; Franco-Watkins, Ana M.; Thomas, Rick P.; Lange, Nicholas; Abbs, Brandon

    2011-01-01

    We tested the predictions of HyGene (Thomas et al., 2008) that both divided attention at encoding and judgment should affect the degree to which participants’ probability judgments violate the principle of additivity. In two experiments, we showed that divided attention during judgment leads to an increase in subadditivity, suggesting that the comparison process for probability judgments is capacity limited. Contrary to the predictions of HyGene, a third experiment revealed that divided attention during encoding leads to an increase in later probability judgment made under full attention. The effect of divided attention during encoding on judgment was completely mediated by the number of hypotheses participants generated, indicating that limitations in both encoding and recall can cascade into biases in judgments. PMID:21734897

  16. MhicMathúna v Ireland

    OpenAIRE

    Thornton, Liam

    2016-01-01

    This is a feminist re-imagining of the Supreme Court decision MhicMathúna v Ireland [1995] 1 I.R. 454. The actual Supreme Court decision in this case continues to have a profound impact upon how the Irish superior courts view constitutional socio-economic rights claims. This feminist judgment seeks to re-situate the legal analysis of constitutionalised socio-economic rights claims. However, this, as is seen from the feminist judgment, has not been an easy task. The plaintiffs' in this case at...

  17. National Courts and EU Law

    DEFF Research Database (Denmark)

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

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

    NARCIS (Netherlands)

    Strootman, R.

    2007-01-01

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

  19. 25 CFR 87.11 - Investment of judgment funds.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Investment of judgment funds. 87.11 Section 87.11 Indians... JUDGMENT FUNDS § 87.11 Investment of judgment funds. As soon as possible after the appropriation of... distribution of the funds, the Commissioner shall invest such funds pursuant to 25 U.S.C. 162a. Investments of...

  20. Concretization of rules of law in the field of environmental law

    International Nuclear Information System (INIS)

    Kunert, F.J.

    1989-01-01

    The article deals with the relation between administrative standardization and decisions on a particular case. The author discusses the question whether the legislator may assign the task of concretizing rules of law exclusively to the top executive powers who are entitled to issue administrative regulations, or whether this task may in certain cases be achieved by way of decisions on a particular case. The question is discussed against the background of the principles of exercise of discretion, and the character and functions of administrative regulations. The article is arranged in two parts, entitled as follows: Impulses given by the environmental law, and should standardization prevail over individual decisions in administrative law matters? The author explains the development of the practice of the courts referring to the Voerde judgment of the Federal Administrative Court, the Wyhl judgment of the Federal Constitutional Court, (1982), another judgment in the Wyhl case given by the Fed. Administrative Court in 1985, and the decision of the Lueneburg Higher Administrative Court in the case of the Buschhaus power plant. (RST) [de

  1. 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…

  2. 78 FR 14017 - Courts of Indian Offenses

    Science.gov (United States)

    2013-03-04

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

  3. Individual Moral Judgment and Cultural Ideologies.

    Science.gov (United States)

    Narvaez, Darcia; Getz, Irene; Rest, James R.; Thoma, Stephen J.

    1999-01-01

    Two studies examined how moral judgment and cultural ideology combine to predict moral thinking in members of a conservative church and a liberal church, and in a secular sample of university undergraduates. Found that a combination of religious ideology, political identity, and moral judgment predicted the church members' opinions on human-rights…

  4. Sociomateriality at the Royal Court of IS

    DEFF Research Database (Denmark)

    Kautz, Karlheinz; Jensen, Tina Blegind

    2013-01-01

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

  5. What Defines an International Criminal Court?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2015-01-01

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

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

    African Journals Online (AJOL)

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

  7. The Constitutional Court and the Imperative of its Reform

    Directory of Open Access Journals (Sweden)

    Claudia Gilia

    2012-12-01

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

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

    Science.gov (United States)

    1997-02-21

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

  9. UK: Welsh court reduces sentence, cites HIV status.

    Science.gov (United States)

    Marceau, Emmanuelle

    2003-08-01

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

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

    OpenAIRE

    David Steelman

    2010-01-01

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

  11. Wording effects in moral judgments

    Directory of Open Access Journals (Sweden)

    Ross E. O'Hara

    2010-12-01

    Full Text Available As the study of moral judgments grows, it becomes imperative to compare results across studies in order to create unified theories within the field. These efforts are potentially undermined, however, by variations in wording used by different researchers. The current study sought to determine whether, when, and how variations in wording influence moral judgments. Online participants responded to 15 different moral vignettes (e.g., the trolley problem using 1 of 4 adjectives: ``wrong'', ``inappropriate'', ``forbidden'', or ``blameworthy''. For half of the sample, these adjectives were preceded by the adverb ``morally''. Results indicated that people were more apt to judge an act as wrong or inappropriate than forbidden or blameworthy, and that disgusting acts were rated as more acceptable when ``morally'' was included. Although some wording differences emerged, effects sizes were small and suggest that studies of moral judgment with different wordings can legitimately be compared.

  12. Legal hurdles for gastroenterologists in India.

    Science.gov (United States)

    Nagpal, Neeraj

    2017-05-01

    Litigation and compensation claims have started occurring with increasing frequency against gastroenterologists in India. A study of few such cases decided by Indian Courts shows that commonest reason for allegations of negligence being upheld by Indian Courts is an improper consent being taken. Professional organisations need to focus on these issues more aggressively than has been done in the past. Judgments which do not appear to be in conformity with standard medical practices need to be challenged in higher courts, failing in which they would become precedents for future similar judgments.

  13. Atypical moral judgment following traumatic brain injury

    Directory of Open Access Journals (Sweden)

    Angelica Muresan

    2012-07-01

    Full Text Available Previous research has shown an association between emotions, particularly social emotions, and moral judgments. Some studies suggested an association between blunted emotion and the utilitarian moral judgments observed in patients with prefrontal lesions. In order to investigate how prefrontal brain damage affects moral judgment, we asked a sample of 29 TBI patients (12 females and 17 males and 41 healthy participants (16 females and 25 males to judge 22 hypothetical dilemmas split into three different categories (non-moral, impersonal and personal moral. The TBI group presented a higher proportion of affirmative (utilitarian responses for personal moral dilemmas when compared to controls, suggesting an atypical pattern of utilitarian judgements. We also found a negative association between the performance on recognition of social emotions and the proportion of affirmative responses on personal moral dilemmas. These results suggested that the preference for utilitarian responses in this type of dilemmas is accompanied by difficulties in social emotion recognition. Overall, our findings suggest that deontological moral judgments are associated with normal social emotion processing and that frontal lobe plays an important role in both emotion and moral judgment.

  14. Court Cases Involving Contracts for School Districts

    Science.gov (United States)

    Allen, L. Hank

    2011-01-01

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

  15. Latent Fairness in Adults' Relationship-Based Moral Judgments.

    Science.gov (United States)

    Hao, Jian; Liu, Yanchun; Li, Jiafeng

    2015-01-01

    Can adults make fair moral judgments when individuals with whom they have different relationships are involved? The present study explored the fairness of adults' relationship-based moral judgments in two respects by performing three experiments involving 999 participants. In Experiment 1, 65 adults were asked to decide whether to harm a specific person to save five strangers in the footbridge and trolley dilemmas in a within-subject design. The lone potential victim was a relative, a best friend, a person they disliked, a criminal or a stranger. Adults' genetic relatedness to, familiarity with and affective relatedness to the lone potential victims varied. The results indicated that adults made different moral judgments involving the lone potential victims with whom they had different relationships. In Experiment 2, 306 adults responded to the footbridge and trolley dilemmas involving five types of lone potential victims in a within-subject design, and the extent to which they were familiar with and affectively related to the lone potential victim was measured. The results generally replicated those of Experiment 1. In addition, for close individuals, adults' moral judgments were less deontological relative to their familiarity with or positive affect toward these individuals. For individuals they were not close to, adults made deontological choices to a larger extent relative to their unfamiliarity with or negative affect toward these individuals. Moreover, for familiar individuals, the extent to which adults made deontological moral judgments more closely approximated the extent to which they were familiar with the individual. The adults' deontological moral judgments involving unfamiliar individuals more closely approximated their affective relatedness to the individuals. In Experiment 3, 628 adults were asked to make moral judgments with the type of lone potential victim as the between-subject variable. The results generally replicated those of the previous

  16. Latent Fairness in Adults’ Relationship-Based Moral Judgments

    Science.gov (United States)

    Hao, Jian; Liu, Yanchun; Li, Jiafeng

    2015-01-01

    Can adults make fair moral judgments when individuals with whom they have different relationships are involved? The present study explored the fairness of adults’ relationship-based moral judgments in two respects by performing three experiments involving 999 participants. In Experiment 1, 65 adults were asked to decide whether to harm a specific person to save five strangers in the footbridge and trolley dilemmas in a within-subject design. The lone potential victim was a relative, a best friend, a person they disliked, a criminal or a stranger. Adults’ genetic relatedness to, familiarity with and affective relatedness to the lone potential victims varied. The results indicated that adults made different moral judgments involving the lone potential victims with whom they had different relationships. In Experiment 2, 306 adults responded to the footbridge and trolley dilemmas involving five types of lone potential victims in a within-subject design, and the extent to which they were familiar with and affectively related to the lone potential victim was measured. The results generally replicated those of Experiment 1. In addition, for close individuals, adults’ moral judgments were less deontological relative to their familiarity with or positive affect toward these individuals. For individuals they were not close to, adults made deontological choices to a larger extent relative to their unfamiliarity with or negative affect toward these individuals. Moreover, for familiar individuals, the extent to which adults made deontological moral judgments more closely approximated the extent to which they were familiar with the individual. The adults’ deontological moral judgments involving unfamiliar individuals more closely approximated their affective relatedness to the individuals. In Experiment 3, 628 adults were asked to make moral judgments with the type of lone potential victim as the between-subject variable. The results generally replicated those of the

  17. Court supervised institutional transformation in South Africa ...

    African Journals Online (AJOL)

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

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

    Science.gov (United States)

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

    2010-04-01

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

  19. Pensées répétitives et contrôle cognitif : quels liens avec l'anxiété et la dépression ?

    OpenAIRE

    Ismaili, Tringa

    2013-01-01

    L’objectif de cette recherche a été d’examiner les liens entre : (1) deux formes de pensées répétitives (PR), les ruminations et les inquiétudes, et les symptômes d’anxiété et de dépression ; (2) entre le processus de flexibilité de source et la fréquence de diverses pensées répétitives. 97 jeunes adultes issus de la population générale ont été inclus dans l’étude. Les analyses de corrélations ont montré de forts liens entre les PR et les symptômes d’anxiété et de dépression. Une analyse de c...

  20. Modeling Music Emotion Judgments Using Machine Learning Methods

    Directory of Open Access Journals (Sweden)

    Naresh N. Vempala

    2018-01-01

    Full Text Available Emotion judgments and five channels of physiological data were obtained from 60 participants listening to 60 music excerpts. Various machine learning (ML methods were used to model the emotion judgments inclusive of neural networks, linear regression, and random forests. Input for models of perceived emotion consisted of audio features extracted from the music recordings. Input for models of felt emotion consisted of physiological features extracted from the physiological recordings. Models were trained and interpreted with consideration of the classic debate in music emotion between cognitivists and emotivists. Our models supported a hybrid position wherein emotion judgments were influenced by a combination of perceived and felt emotions. In comparing the different ML approaches that were used for modeling, we conclude that neural networks were optimal, yielding models that were flexible as well as interpretable. Inspection of a committee machine, encompassing an ensemble of networks, revealed that arousal judgments were predominantly influenced by felt emotion, whereas valence judgments were predominantly influenced by perceived emotion.

  1. The limit between freedom of expression and hate speech: an analysis of the European Court of Human Rights judgements

    Directory of Open Access Journals (Sweden)

    María García Santos

    2017-12-01

    Full Text Available The current situation in Europe and the Western world is to some extent a reflection of the latent conflict between the rise of hate speech and freedom of expression. Phenomena such as globalization and the increase of immigration to Europe have generated a wave of rejection and anxiety towards a changing reality, mainly due to aggravating factors such as the refugee crisis and terrorism. This trend highlights the debate about the limits of freedom of expression on the continent, a right that represents one of the most fundamental pillars of European democracies. In this way, this article analyses the state of the debate within the regional institutions, through a series of judgments from the European Court of Human Rights, to illustrate the current tug of war between freedom of expression and the limitation of hate speech.

  2. Case note: CJEU (C-281/12: Case Trento Sviluppo and Centrale Adriatica: Distortion of consumers' economic behavior as a prerequisite of a misleading commercial practice)

    NARCIS (Netherlands)

    Luzak, J.

    2014-01-01

    In the annotated judgment, the Court of justice has given some useful clarification regarding the application of the Unfair Commercial Practices Directive by national judges. The Court has indeed affirmed which test national courts should use when assessing misleading commercial practices.

  3. Sunshine through the Rain: New Hope for Decriminalization of Gay Sex in India?

    OpenAIRE

    Manoharan, Govind

    2018-01-01

    Gay sex is still a criminal act according to the Indian Penal Act. In 2013, the Supreme Court had quashed a judgment by a Delhi Court to decriminalise consensual gay sex. Now, there are signs that the Supreme Court might reconsider.

  4. Relationship between the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia in respect of the adjudication of genocide

    Directory of Open Access Journals (Sweden)

    Kreća Milenko

    2015-01-01

    Full Text Available By opting for the approach based on the dichotomy of individual criminal responsibility for the act of genocide and the responsibility of the State in both the Bosnian and Croatian Genocide cases, the International Court of Justice enabled the establishment of a jurisprudential connection with the judgments of the International Criminal Tribunal for the Former Yugoslavia. After outlining the reasons for adopting such an approach, which are classified as both positive and negative, the author offers an extensive analysis of the differences between the ICJ and ICTY, stressing the necessity to take these differences into account when considering the interconnection between the 'World Court' and the ICTY as a specialized tribunal. The paper focuses on the need for a balanced and critical approach to the jurisprudence of the ICTY as regards genocide, by differentiating between the Tribunal s factual and legal findings. The author insists that a substantive criterion, not a formal one, must be applied with a view to the proper assessment of the factual findings of the Tribunal in accordance with the standards of judicial reasoning of the ICJ. As regards the treatment of the ICTY's legal findings which relate to genocide, it is stressed that their uncritical acceptance would compromise the determination of the relevant rules of the Genocide Convention by the Court. Namely, the law applied by the ICTY as regards the crime of genocide is not equivalent to the relevant law established by the Convention and may be understood as its progressive development rather than its application.

  5. Court Culture during the Reign of Christian IV

    DEFF Research Database (Denmark)

    Olden-Jørgensen, Sebastian

    2007-01-01

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

  6. Federal Court of Administration confirms preclusion of objections

    International Nuclear Information System (INIS)

    1982-01-01

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

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

    Science.gov (United States)

    Beach, George

    2000-01-01

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

  8. 'To Think Representatively': Arendt on Judgment and the Imagination

    African Journals Online (AJOL)

    ... the standpoint of the spectator, I go on to examine their most distinctive features, in particular, the link between judgment, the imagination, and the ability to think 'representatively'. I also examine the philosophical sources of Arendt's theory of judgment, namely, Kant's theory of aesthetic judgment and its criteria of validity.

  9. 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

  10. Pengaruh Gender dan Pengalaman Audit terhadap Audit Judgment

    OpenAIRE

    Erna Pasanda; Natalia Paranoan

    2013-01-01

    This study aims to examine the influence of gender and audit experience toward audit judgment and to examine gender and audit experience towards audit judgment when moderated by client credibility. The research was conducted on auditors who worked on KAP in Makassar South Sulawesi using survey. Sampling technique in this study was random sampling based on judgment. Data collected and then analyzed by employing regression method and Moderated Regression Analysis (MRA). The result indicates tha...

  11. Study on Accuracy of Judgments by Chinese Fingerprint Examiners

    Directory of Open Access Journals (Sweden)

    Shiquan Liu

    2015-01-01

    Full Text Available The interpretation of fingerprint evidence depends on the judgments of fingerprint examiners. This study assessed the accuracy of different judgments made by fingerprint examiners following the Analysis, Comparison, and Evaluation (ACE process. Each examiner was given five marks for analysis, comparison, and evaluation. We compared the experts′ judgments against the ground truth and used an annotation platform to evaluate how Chinese fingerprint examiners document their comparisons during the identification process. The results showed that different examiners demonstrated different accuracy of judgments and different mechanisms to reach them.

  12. Probability judgments under ambiguity and conflict.

    Science.gov (United States)

    Smithson, Michael

    2015-01-01

    Whether conflict and ambiguity are distinct kinds of uncertainty remains an open question, as does their joint impact on judgments of overall uncertainty. This paper reviews recent advances in our understanding of human judgment and decision making when both ambiguity and conflict are present, and presents two types of testable models of judgments under conflict and ambiguity. The first type concerns estimate-pooling to arrive at "best" probability estimates. The second type is models of subjective assessments of conflict and ambiguity. These models are developed for dealing with both described and experienced information. A framework for testing these models in the described-information setting is presented, including a reanalysis of a multi-nation data-set to test best-estimate models, and a study of participants' assessments of conflict, ambiguity, and overall uncertainty reported by Smithson (2013). A framework for research in the experienced-information setting is then developed, that differs substantially from extant paradigms in the literature. This framework yields new models of "best" estimates and perceived conflict. The paper concludes with specific suggestions for future research on judgment and decision making under conflict and ambiguity.

  13. Does ADHD in adults affect the relative accuracy of metamemory judgments?

    Science.gov (United States)

    Knouse, Laura E; Paradise, Matthew J; Dunlosky, John

    2006-11-01

    Prior research suggests that individuals with ADHD overestimate their performance across domains despite performing more poorly in these domains. The authors introduce measures of accuracy from the larger realm of judgment and decision making--namely, relative accuracy and calibration--to the study of self-evaluative judgment accuracy in adults with ADHD. Twenty-eight adults with ADHD and 28 matched controls participate in a computer-administered paired-associate learning task and predict their future recall using immediate and delayed judgments of learning (JOLs). Retrospective confidence judgments are also collected. Groups perform equally in terms of judgment magnitude and absolute judgment accuracy as measured by discrepancy scores and calibration curves. Both groups benefit equally from making their JOL at a delay, and the group with ADHD show higher relative accuracy for delayed judgments. Results suggest that under certain circumstances, adults with ADHD can make accurate judgments about their future memory.

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

    Directory of Open Access Journals (Sweden)

    David Steelman

    2010-04-01

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

  15. Principal Holistic Judgments and High-Stakes Evaluations of Teachers

    Science.gov (United States)

    Briggs, Derek C.; Dadey, Nathan

    2017-01-01

    Results from a sample of 1,013 Georgia principals who rated 12,617 teachers are used to compare holistic and analytic principal judgments with indicators of student growth central to the state's teacher evaluation system. Holistic principal judgments were compared to mean student growth percentiles (MGPs) and analytic judgments from a formal…

  16. Surrogacy and the ECtHR: Reflections on Paradiso and Campanelli v Italy.

    Science.gov (United States)

    Iliadou, Marianna

    2018-02-21

    This case note analyses the recent judgment of the European Court of Human Rights in Paradiso and Campanelli v Italy and examines its implications for cross-border surrogacy in Europe. It is argued that this judgment is highly significant, because it sets new standards in terms of the concept of family life under Article 8 of the European Convention on Human Rights. This judgment, it is argued, only appears to bring a halt to the (seemingly) backdoor legitimacy of commercial surrogacy established by the findings of the Second Section and previous judgments of the Court. Finally, this case note critiques the Grand Chamber's findings and examines its likely impact on the problem of cross-border surrogacy.

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

    Directory of Open Access Journals (Sweden)

    John R. Gallagher

    2014-07-01

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

  18. Nuclear weapons and the World Court ruling

    International Nuclear Information System (INIS)

    Singh, J.

    1998-01-01

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

  19. Do physician outcome judgments and judgment biases contribute to inappropriate use of treatments? Study protocol

    Directory of Open Access Journals (Sweden)

    Lott Alison

    2007-06-01

    Full Text Available Abstract Background There are many examples of physicians using treatments inappropriately, despite clear evidence about the circumstances under which the benefits of such treatments outweigh their harms. When such over- or under- use of treatments occurs for common diseases, the burden to the healthcare system and risks to patients can be substantial. We propose that a major contributor to inappropriate treatment may be how clinicians judge the likelihood of important treatment outcomes, and how these judgments influence their treatment decisions. The current study will examine the role of judged outcome probabilities and other cognitive factors in the context of two clinical treatment decisions: 1 prescription of antibiotics for sore throat, where we hypothesize overestimation of benefit and underestimation of harm leads to over-prescription of antibiotics; and 2 initiation of anticoagulation for patients with atrial fibrillation (AF, where we hypothesize that underestimation of benefit and overestimation of harm leads to under-prescription of warfarin. Methods For each of the two conditions, we will administer surveys of two types (Type 1 and Type 2 to different samples of Canadian physicians. The primary goal of the Type 1 survey is to assess physicians' perceived outcome probabilities (both good and bad outcomes for the target treatment. Type 1 surveys will assess judged outcome probabilities in the context of a representative patient, and include questions about how physicians currently treat such cases, the recollection of rare or vivid outcomes, as well as practice and demographic details. The primary goal of the Type 2 surveys is to measure the specific factors that drive individual clinical judgments and treatment decisions, using a 'clinical judgment analysis' or 'lens modeling' approach. This survey will manipulate eight clinical variables across a series of sixteen realistic case vignettes. Based on the survey responses, we will be

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

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    1999-01-01

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

  1. Establishing an effective dialog between courts and agencies

    NARCIS (Netherlands)

    Humphery-Jenner, Mark L.

    2013-01-01

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

  2. Introduction. National Courts vis-à-vis EU Law

    DEFF Research Database (Denmark)

    Mayoral, Juan A.; Wind, Marlene

    2016-01-01

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

  3. 16 CFR 1502.44 - Review by the courts.

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

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

    2004-02-01

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

  5. THE CASE OF GOVERNMENT OF THE REPUBLIC OF ZIMBABWE v LOUIS KAREL FICK: A FIRST STEP TOWARDS DEVELOPING A DOCTRINE ON THE STATUS OF INTERNATIONAL JUDGEMENTS WITHIN THE DOMESTIC LEGAL ORDER

    Directory of Open Access Journals (Sweden)

    Erika de Wet

    2014-04-01

    Full Text Available The Fick case which was decided by the Constitutional Court on 27 June 2013 was the first time since its inception that the Constitutional Court was confronted with the status of a binding international decision within the domestic legal order. It concerned a binding decision by the (now suspended Southern African Development Community (SADC Tribunal against Zimbabwe, which was also enforceable in South Africa. A key issue before the Court was whether or not the South African statutory rules of civil procedure for the enforcement of foreign judgments also covered judgments of international courts and tribunals (as anticipated by Article 32(1 of the Protocol on the SADC Tribunal. As none of the relevant statutory legislation was applicable in this instance, the common law remained the only possible avenue through which the SADC Tribunal’s decision could be enforced in South Africa. At the time of the decision, the common law on the enforcement of civil judgments had developed only to a point where it provided for the execution of judgments made by domestic courts of a foreign state (ie decisions of other national courts. The Court was therefore confronted with whether or not an international decision in the form of a cost order of the SADC Tribunal amounted to a “foreign judgment” as recognized by the South African common law. The Court answered this question in the affirmative by relying on those clauses in the Constitution that committed South Africa to the rule of law, as well as its obligations under international law, and to an international-law friendly interpretation of domestic law. Although the decision is to be welcomed and applied the law correctly to the facts of the case, it does raise the issue of the wisdom of equating international judgments with foreign judgments on a more general scale. This relates to the fact that it is generally accepted in most jurisdictions that the recognition and enforcement of a

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

    Science.gov (United States)

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

    2013-01-01

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

  7. Training complex judgment: The effects of critical thinking and complex judgment

    NARCIS (Netherlands)

    Helsdingen, Anne; Van Gog, Tamara; Van Merriënboer, Jeroen

    2010-01-01

    Helsdingen, A. S., Van Gog, T., & Van Merrienboer, J. J. G. (2009). Training complex judgment: The effects of critical thinking and contextual interference. Paper presented at the International Center for Learning, Education and Performance Systems (ICLEPS). Talahassee, Florida: Florida State

  8. Psychotic Symptomatology in a Juvenile Court Clinic Population

    Science.gov (United States)

    Lewis, Dorothy Otnow; And Others

    1973-01-01

    This report indicating an unexpectedly high incidence of psychotic symptomatology in a population of cases referred to the Juvenile Court Psychiatric Clinic of the Second District of Connecticut, manifests the necessity for juvenile court systems to be made aware of the possibility of psychosis in our delinquent populations. (CS)

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

    Directory of Open Access Journals (Sweden)

    Collins E. Ijoma

    2012-06-01

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

  10. Encoding, storage and judgment of experienced frequency and duration

    Directory of Open Access Journals (Sweden)

    Tilmann Betsch

    2010-08-01

    Full Text Available This paper examines conditions that do or do not lead to accurate judgments of frequency (JOF and judgments of duration (JOD. In three experiments, duration and frequency of visually presented stimuli are varied orthogonally in a within-subjects design. Experiment 1 reveals an asymmetric judgment pattern. JOFs reflected actual presentation frequency quite accurately and were unbiased by exposure duration. Conversely, JODs were almost insensitive to actual exposure duration and were systematically biased by presentation frequency. We show, however, that a tendency towards a symmetric judgment pattern can be obtained by manipulating encoding conditions. Sustaining attention during encoding (Experiment 2 or enhancing richness of the encoded stimuli (Experiment 3 increases judgment sensitivity in JOD and yields biases in both directions (JOF biased by exposure duration, JOD biased by presentation frequency. The implications of these findings for underlying memory mechanisms are discussed.

  11. Contrasting cue-density effects in causal and prediction judgments.

    Science.gov (United States)

    Vadillo, Miguel A; Musca, Serban C; Blanco, Fernando; Matute, Helena

    2011-02-01

    Many theories of contingency learning assume (either explicitly or implicitly) that predicting whether an outcome will occur should be easier than making a causal judgment. Previous research suggests that outcome predictions would depart from normative standards less often than causal judgments, which is consistent with the idea that the latter are based on more numerous and complex processes. However, only indirect evidence exists for this view. The experiment presented here specifically addresses this issue by allowing for a fair comparison of causal judgments and outcome predictions, both collected at the same stage with identical rating scales. Cue density, a parameter known to affect judgments, is manipulated in a contingency learning paradigm. The results show that, if anything, the cue-density bias is stronger in outcome predictions than in causal judgments. These results contradict key assumptions of many influential theories of contingency learning.

  12. Known Unknowns in Judgment and Choice

    OpenAIRE

    Walters, Daniel

    2017-01-01

    This dissertation investigates how people make inferences about missing information. Whereas most prior literature focuses on how people process known information, I show that the extent to which people make inferences about missing information impacts judgments and choices. Specifically, I investigate how (1) awareness of known unknowns affects overconfidence in judgment in Chapter 1, (2) beliefs about the knowability of unknowns impacts investment strategies in Chapter 2, and (3) inferences...

  13. 8 CFR 1003.23 - Reopening or reconsideration before the Immigration Court.

    Science.gov (United States)

    2010-01-01

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

  14. 8 CFR 1003.46 - Protective orders, sealed submissions in Immigration Courts.

    Science.gov (United States)

    2010-01-01

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

  15. 22 CFR 19.6-2 - Qualifying court order.

    Science.gov (United States)

    2010-04-01

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

  16. 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…

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

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

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

  18. When does State Interference with Property (now Amount to Expropriation? An Analysis of the Agri SA Court's State Acquisition Requirement (Part I

    Directory of Open Access Journals (Sweden)

    Ernst Jacobus Marais

    2015-04-01

    Full Text Available Section 25 of the Constitution provides two ways in which the state may interfere with property rights, namely deprivation (section 25(1 and expropriation (section 25(2. As only the latter requires compensation, there is an incentive for property holders to label any infringement upon their property as expropriation in the hope of being compensated for their losses. It is therefore essential to have a principled distinction between these two forms of state interference, especially given the danger that uncertainty in this regard can hold for legitimate land reform initiatives, which often entail severe limitations on property. In the Agri SA case the Constitutional Court recently revisited this distinction and held that the distinguishing feature of expropriation is that it entails state acquisition of property. Two aspects of this judgment are worthy of consideration. Firstly, the centrality of acquisition makes it necessary to clarify its meaning and role in our law. Secondly, the Court's effect-centred test to establish whether acquisition took place appears incapable of coherently categorising property infringements that fall within the grey area between deprivation and expropriation. To address these two questions this article is divided into two parts. Part I investigates the meaning and role of state acquisition in South African law. Pre-constitutional expropriation law reveals that expropriation is an original method of acquisition of ownership and that the objects of expropriation include ownership, limited real rights, and certain personal rights, which correspond to the meaning attributed to this requirement in Agri SA. However, post-constitutional judgments diverge from pre-constitutional law regarding the role of state acquisition, where it was merely regarded as a general hallmark of expropriation. After Agri SA state acquisition is (now the "key feature" that distinguishes expropriation from deprivation. A brief analysis of

  19. Neural Substrates of Similarity and Rule-based Strategies in Judgment

    Directory of Open Access Journals (Sweden)

    Bettina eVon Helversen

    2014-10-01

    Full Text Available Making accurate judgments is a core human competence and a prerequisite for success in many areas of life. Plenty of evidence exists that people can employ different judgment strategies to solve identical judgment problems. In categorization, it has been demonstrated that similarity-based and rule-based strategies are associated with activity in different brain regions. Building on this research, the present work tests whether solving two identical judgment problems recruits different neural substrates depending on people's judgment strategies. Combining cognitive modeling of judgment strategies at the behavioral level with functional magnetic resonance imaging (fMRI, we compare brain activity when using two archetypal judgment strategies: a similarity-based exemplar strategy and a rule-based heuristic strategy. Using an exemplar-based strategy should recruit areas involved in long-term memory processes to a larger extent than a heuristic strategy. In contrast, using a heuristic strategy should recruit areas involved in the application of rules to a larger extent than an exemplar-based strategy. Largely consistent with our hypotheses, we found that using an exemplar-based strategy led to relatively higher BOLD activity in the anterior prefrontal and inferior parietal cortex, presumably related to retrieval and selective attention processes. In contrast, using a heuristic strategy led to relatively higher activity in areas in the dorsolateral prefrontal and the temporal-parietal cortex associated with cognitive control and information integration. Thus, even when people solve identical judgment problems, different neural substrates can be recruited depending on the judgment strategy involved.

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

    Science.gov (United States)

    Wolff, Nancy; Fabrikant, Nicole; Belenko, Steven

    2011-10-01

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

  1. The International Criminal Court at the crossroads

    Directory of Open Access Journals (Sweden)

    Abdelwahab Biad

    2010-05-01

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

  2. It’s not the Fish that Stinks! EU Trade Relations with Morocco under the Scrutiny of the General Court of the European Union

    Directory of Open Access Journals (Sweden)

    Sandra Hummelbrunner

    2016-09-01

    Full Text Available The EU’s international agreements with Morocco on trade in agricultural and fishery products have drawn criticism due to their application to the disputed territory of Western Sahara, a territory that remains on the list of non-self-governing territories to be decolonised in accordance with the right of self-determination of the indigenous Sahrawi people. Recently, the Sahrawi liberation movement Front Polisario brought an action for annulment before the General Court of the European Union (GC against the Council Decision approving the conclusion of one such agreement, alleging multiple violations of European and international legal norms. Interestingly, although the GC concurred by annulling the Decision insofar as it applies to Western Sahara, it chose to exclusively base its judgment on EU fundamental rights, invoking the EU’s failure to ensure that the fundamental rights of the Sahrawi people were not infringed by applying the agreements to Western Sahara. By summarily setting aside Front Polisario’s other claims, several relevant questions of applicable international and European law, which warrant further discussion, remain. This article examines these questions using the GC’s judgment in Front Polisario, thereby combining general matters of international and European law with the specific circumstances of the EU-Morocco relations and Western Sahara.

  3. A psychophysical investigation of differences between synchrony and temporal order judgments.

    Science.gov (United States)

    Love, Scott A; Petrini, Karin; Cheng, Adam; Pollick, Frank E

    2013-01-01

    Synchrony judgments involve deciding whether cues to an event are in synch or out of synch, while temporal order judgments involve deciding which of the cues came first. When the cues come from different sensory modalities these judgments can be used to investigate multisensory integration in the temporal domain. However, evidence indicates that that these two tasks should not be used interchangeably as it is unlikely that they measure the same perceptual mechanism. The current experiment further explores this issue across a variety of different audiovisual stimulus types. Participants were presented with 5 audiovisual stimulus types, each at 11 parametrically manipulated levels of cue asynchrony. During separate blocks, participants had to make synchrony judgments or temporal order judgments. For some stimulus types many participants were unable to successfully make temporal order judgments, but they were able to make synchrony judgments. The mean points of subjective simultaneity for synchrony judgments were all video-leading, while those for temporal order judgments were all audio-leading. In the within participants analyses no correlation was found across the two tasks for either the point of subjective simultaneity or the temporal integration window. Stimulus type influenced how the two tasks differed; nevertheless, consistent differences were found between the two tasks regardless of stimulus type. Therefore, in line with previous work, we conclude that synchrony and temporal order judgments are supported by different perceptual mechanisms and should not be interpreted as being representative of the same perceptual process.

  4. Money Matters: Cost-Effectiveness of Juvenile Drug Court with and without Evidence-Based Treatments

    Science.gov (United States)

    Sheidow, Ashli J.; Jayawardhana, Jayani; Bradford, W. David; Henggeler, Scott W.; Shapiro, Steven B.

    2012-01-01

    The 12-month cost-effectiveness of juvenile drug court and evidence-based treatments within court were compared with traditional Family Court for 128 substance-abusing/dependent juvenile offenders participating in a 4-condition randomized trial. Intervention conditions included Family Court with community services (FC), Drug Court with community…

  5. 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.

  6. Personality judgments from everyday images of faces

    Directory of Open Access Journals (Sweden)

    Clare AM Sutherland

    2015-10-01

    Full Text Available People readily make personality attributions to images of strangers’ faces. Here we investigated the basis of these personality attributions as made to everyday, naturalistic face images. In a first study, we used 1,000 highly varying ‘ambient image’ face photographs to test the correspondence between personality judgments of the Big Five and dimensions known to underlie a range of facial first impressions: approachability, dominance and youthful-attractiveness. Interestingly, the facial Big Five judgments were found to separate to some extent: judgments of openness, extraversion, emotional stability and agreeableness were mainly linked to facial first impressions of approachability, whereas conscientiousness judgments involved a combination of approachability and dominance. In a second study we used average face images to investigate which main cues are used by perceivers to make impressions of the Big Five, by extracting consistent cues to impressions from the large variation in the original images. When forming impressions of strangers from highly varying, naturalistic face photographs, perceivers mainly seem to rely on broad facial cues to approachability, such as smiling.

  7. Confidence-Accuracy Calibration in Absolute and Relative Face Recognition Judgments

    Science.gov (United States)

    Weber, Nathan; Brewer, Neil

    2004-01-01

    Confidence-accuracy (CA) calibration was examined for absolute and relative face recognition judgments as well as for recognition judgments from groups of stimuli presented simultaneously or sequentially (i.e., simultaneous or sequential mini-lineups). When the effect of difficulty was controlled, absolute and relative judgments produced…

  8. La aplicación de las reglas sobre interpretación de los tratados a la luz de la sentencia sobre excepciones preliminares en el caso entre Somalia v. Kenia

    Directory of Open Access Journals (Sweden)

    Francisco Lertora Pinto

    2018-01-01

    Full Text Available The judgment on preliminary objection was pronounced by the International Court of Justice on 2 February 2017. In this sentence, the Court rejected all the preliminary objections presented by Kenya. One of the most important task realized by the Court in every judgment is the work of interpretation of treaties. In the present case, the interpretation was relevant for the purpose of determinate both, why the Court has jurisdiction and why all the preliminary objections should be rejected. The interpretation according to the rules of the Vienna Convention on the Law of Treaties, in particular the Articles 31 and 32, are the purpose of the present study in relationship to its application in this case, particularly in the interpretation of the MOU.

  9. HIV/STI Risk Behavior of Drug Court Participants

    Science.gov (United States)

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

    2012-01-01

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

  10. Religiosity and agency and communion: their relationship to religious judgmentalism.

    Science.gov (United States)

    Beck, R; Miller, C D

    2000-05-01

    The present study is an introduction to the construct of religious judgmentalism, defined as a willingness to make religious or moral judgments of others based on a limited period of observation; the study offers a prediction about which individuals will engage in such judgmental behavior. It was predicted that agency motives would significantly predict religious judgmentalism in a religious population but that communion motives and intrinsic religiosity would moderate this effect. Overall, the findings supported these predictions. Agency motives were positively correlated with religious judgmentalism. Intrinsic religiosity predicted a general unwillingness to make religious evaluations of others. Both intrinsic religiosity and communion motives did moderate the effects of high agency motives. Specifically, increases in communion motive and intrinsic religiosity, at high levels of agency motives, significantly predicted lower scores for religious judgmentalism. These findings were conceptualized as preliminary evidence for the position that interpersonal motives, rather than religiousness or religious motivation, predict social intolerance and criticism in religious individuals.

  11. 9 CFR 205.211 - Applicability of court decisions under the UCC.

    Science.gov (United States)

    2010-01-01

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

  12. Sources of International Courts' Legitimacy: A comparative study

    DEFF Research Database (Denmark)

    Godzimirska, Zuzanna; Creamer, Cosette

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

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

    Directory of Open Access Journals (Sweden)

    Wayne Stewart Martin

    2014-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Romana Reva

    2016-04-01

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

  15. Aging and Confidence Judgments in Item Recognition

    Science.gov (United States)

    Voskuilen, Chelsea; Ratcliff, Roger; McKoon, Gail

    2018-01-01

    We examined the effects of aging on performance in an item-recognition experiment with confidence judgments. A model for confidence judgments and response time (RTs; Ratcliff & Starns, 2013) was used to fit a large amount of data from a new sample of older adults and a previously reported sample of younger adults. This model of confidence…

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

    Directory of Open Access Journals (Sweden)

    Diones Gomes da Rocha

    2017-09-01

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

  17. Training complex judgment: the effects of critical thinking and complex judgment

    NARCIS (Netherlands)

    Helsdingen, Anne; Van Gog, Tamara; Van Merriënboer, Jeroen; Van den Bosch, Karel

    2010-01-01

    Helsdingen, A. S., Van Gog, T., Van Merriënboer, J. J. G., & Van den Bosch, K. (2009). Training complex judgment: the effects of critical thinking and contextual interference. Poster presented at the international conference on cognitive load theory. March, 2-4, 2009, Heerlen, The Netherlands.

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

    Science.gov (United States)

    Forgays, Deborah Kirby; DeMilio, Lisa

    2005-02-01

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

  19. 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.

  20. The tacit dimension of clinical judgment.

    Science.gov (United States)

    Goldman, G. M.

    1990-01-01

    Two distinct views of the nature of clinical judgment are identified and contrasted. The dominant view that clinical judgment is a fully explicit process is compared to the relatively neglected view that tacit knowledge plays a substantial role in the clinician's mental operations. The tacit dimension of medical thinking is explored at length. The discussion suggests severe limits when applying decision analysis, expert systems, and computer-aided cost-benefit review to medicine. The goals and practices of postgraduate medical education are also examined from this perspective, as are various other implications for the clinician. The paper concludes that it is valuable to explore the nature of medical thinking in order to improve clinical practice and education. Such explorations should, however, take cognizance of the often overlooked tacit dimension of clinical judgment. Possible constraints on the medical applicability of both formal expert systems and heavily didactic instructional programs are considered. PMID:2356625

  1. Grounds for the Specialization of Courts and Judges in Russia

    Directory of Open Access Journals (Sweden)

    Lydia Terekhova

    2014-01-01

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

  2. Clinical judgment, moral anxiety, and the limits of psychiatry.

    Science.gov (United States)

    Murray, Bradley

    2017-12-01

    It is common for clinicians working in psychiatry and related clinical disciplines to be called on to make diagnostic clinical judgments concerning moral anxiety, which is a kind of anxiety that is closely bound up with decisions individuals face as moral agents. To make such a judgment, it is necessary to make a moral judgment. Although it has been common to acknowledge that there are ways in which moral and clinical judgment interact, this type of interaction has remained unacknowledged. This raises questions as to the nature and limits of psychiatry-particularly concerning the extent to which psychiatric discourse ought to incorporate moral discourse, and the role of the clinician as an expert in identifying problematic anxiety.

  3. A Psychophysical Investigation of Differences between Synchrony and Temporal Order Judgments

    Science.gov (United States)

    Love, Scott A.; Petrini, Karin; Cheng, Adam; Pollick, Frank E.

    2013-01-01

    Background Synchrony judgments involve deciding whether cues to an event are in synch or out of synch, while temporal order judgments involve deciding which of the cues came first. When the cues come from different sensory modalities these judgments can be used to investigate multisensory integration in the temporal domain. However, evidence indicates that that these two tasks should not be used interchangeably as it is unlikely that they measure the same perceptual mechanism. The current experiment further explores this issue across a variety of different audiovisual stimulus types. Methodology/Principal Findings Participants were presented with 5 audiovisual stimulus types, each at 11 parametrically manipulated levels of cue asynchrony. During separate blocks, participants had to make synchrony judgments or temporal order judgments. For some stimulus types many participants were unable to successfully make temporal order judgments, but they were able to make synchrony judgments. The mean points of subjective simultaneity for synchrony judgments were all video-leading, while those for temporal order judgments were all audio-leading. In the within participants analyses no correlation was found across the two tasks for either the point of subjective simultaneity or the temporal integration window. Conclusions Stimulus type influenced how the two tasks differed; nevertheless, consistent differences were found between the two tasks regardless of stimulus type. Therefore, in line with previous work, we conclude that synchrony and temporal order judgments are supported by different perceptual mechanisms and should not be interpreted as being representative of the same perceptual process. PMID:23349971

  4. A psychophysical investigation of differences between synchrony and temporal order judgments.

    Directory of Open Access Journals (Sweden)

    Scott A Love

    Full Text Available BACKGROUND: Synchrony judgments involve deciding whether cues to an event are in synch or out of synch, while temporal order judgments involve deciding which of the cues came first. When the cues come from different sensory modalities these judgments can be used to investigate multisensory integration in the temporal domain. However, evidence indicates that that these two tasks should not be used interchangeably as it is unlikely that they measure the same perceptual mechanism. The current experiment further explores this issue across a variety of different audiovisual stimulus types. METHODOLOGY/PRINCIPAL FINDINGS: Participants were presented with 5 audiovisual stimulus types, each at 11 parametrically manipulated levels of cue asynchrony. During separate blocks, participants had to make synchrony judgments or temporal order judgments. For some stimulus types many participants were unable to successfully make temporal order judgments, but they were able to make synchrony judgments. The mean points of subjective simultaneity for synchrony judgments were all video-leading, while those for temporal order judgments were all audio-leading. In the within participants analyses no correlation was found across the two tasks for either the point of subjective simultaneity or the temporal integration window. CONCLUSIONS: Stimulus type influenced how the two tasks differed; nevertheless, consistent differences were found between the two tasks regardless of stimulus type. Therefore, in line with previous work, we conclude that synchrony and temporal order judgments are supported by different perceptual mechanisms and should not be interpreted as being representative of the same perceptual process.

  5. The courts in Renaissance Italy

    Directory of Open Access Journals (Sweden)

    Beatrice Del Bo

    2011-09-01

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

  6. legal pluralism, sharia courts, and constitutional issues in ethiopia

    African Journals Online (AJOL)

    eliasn

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

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

    Science.gov (United States)

    Arthur, James; Holdsworth, Michael

    2012-01-01

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

  8. CONFLICT BETWEEN LEGAL OPINIONS OF ECHR AND NATIONAL CONSTITUTIONAL COURTS

    Directory of Open Access Journals (Sweden)

    Yuliya Nadtochey

    2017-01-01

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

  9. Fighting addiction's death row: British Columbia Supreme Court Justice Ian Pitfield shows a measure of legal courage

    Directory of Open Access Journals (Sweden)

    Small Dan

    2008-10-01

    Full Text Available Abstract The art in law, like medicine, is in its humanity. Nowhere is the humanity in law more poignant than in BC Supreme Court Justice Ian Pitfield's recent judgment in the legal case aimed at protecting North America's only supervised injection facility (SIF as a healthcare program: PHS Community Services Society versus the Attorney General of Canada. In order to protect the SIF from politicization, the PHS Community Services Society, the community organization that established and operates the program, along with two people living with addiction and three lawyers working for free, pro bono publico, took the federal government of Canada to court. The courtroom struggle that ensued was akin to a battle between David and Goliath. The judge in the case, Justice Pitfield, ruled in favour of the PHS and gave the Government of Canada one year to bring the Controlled Drugs and Substances Act (CDSA into compliance with the country's Charter of Rights and Freedoms. If parliament fails to do so, then the CDSA will evaporate from enforceability and law in June of 2009. Despite the fact that there are roughly twelve million intravenous drug addiction users in the world today, politics andprejudice oards harm reduction are still a barrier to the widespread application of the "best medicine" available for serious addicts. Nowhere is this clearer than in the opposition by conservative Prime Minister Stephen Harper and his faithful servant, federal health minister Tony Clement, towards Vancouver's SIF ("Insite". The continued angry politicization of addiction will only lead to the tragic loss of life, as addicts are condemned to death from infectious diseases (HIV & hepatitis and preventable overdoses. In light of the established facts in science, medicine and now law, political opposition to life-saving population health programs (including SIFs to address the effects of addiction is a kind of implicit capital punishment for the addicted. This commentary

  10. Training complex judgment: the effects of critical thinking and complex judgment

    OpenAIRE

    Helsdingen, Anne; Van Gog, Tamara; Van Merriënboer, Jeroen; Van den Bosch, Karel

    2010-01-01

    Helsdingen, A. S., Van Gog, T., Van Merriënboer, J. J. G., & Van den Bosch, K. (2009). Training complex judgment: the effects of critical thinking and contextual interference. Poster presented at the international conference on cognitive load theory. March, 2-4, 2009, Heerlen, The Netherlands. [Poster presentation

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

    National Research Council Canada - National Science Library

    Baldrate, Brian C

    2005-01-01

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

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

    Science.gov (United States)

    Taxman, Faye S.; Bouffard, Jeffrey A.

    2005-01-01

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

  13. Finding Vredo: the Dutch Supreme Court decision on escitalopram

    NARCIS (Netherlands)

    Tsoutsanis, A.

    2014-01-01

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

  14. Moral Judgment Reloaded: A Moral Dilemma validation study

    Directory of Open Access Journals (Sweden)

    Julia F. Christensen

    2014-07-01

    Full Text Available We propose a revised set of moral dilemmas for studies on moral judgment. We selected a total of 46 moral dilemmas available in the literature and fine-tuned them in terms of four conceptual factors (Personal Force, Benefit Recipient, Evitability and Intention and methodological aspects of the dilemma formulation (word count, expression style, question formats that have been shown to influence moral judgment. Second, we obtained normative codings of arousal and valence for each dilemma showing that emotional arousal in response to moral dilemmas depends crucially on the factors Personal Force, Benefit Recipient, and Intentionality. Third, we validated the dilemma set confirming that people's moral judgment is sensitive to all four conceptual factors, and to their interactions. Results are discussed in the context of this field of research, outlining also the relevance of our RT effects for the Dual Process account of moral judgment. Finally, we suggest tentative theoretical avenues for future testing, particularly stressing the importance of the factor Intentionality in moral judgment. Additionally, due to the importance of cross-cultural studies in the quest for universals in human moral cognition, we provide the new set dilemmas in six languages (English, French, German, Spanish, Catalan and Danish. The norming values provided here refer to the Spanish dilemma set.

  15. Moral judgment reloaded: a moral dilemma validation study

    Science.gov (United States)

    Christensen, Julia F.; Flexas, Albert; Calabrese, Margareta; Gut, Nadine K.; Gomila, Antoni

    2014-01-01

    We propose a revised set of moral dilemmas for studies on moral judgment. We selected a total of 46 moral dilemmas available in the literature and fine-tuned them in terms of four conceptual factors (Personal Force, Benefit Recipient, Evitability, and Intention) and methodological aspects of the dilemma formulation (word count, expression style, question formats) that have been shown to influence moral judgment. Second, we obtained normative codings of arousal and valence for each dilemma showing that emotional arousal in response to moral dilemmas depends crucially on the factors Personal Force, Benefit Recipient, and Intentionality. Third, we validated the dilemma set confirming that people's moral judgment is sensitive to all four conceptual factors, and to their interactions. Results are discussed in the context of this field of research, outlining also the relevance of our RT effects for the Dual Process account of moral judgment. Finally, we suggest tentative theoretical avenues for future testing, particularly stressing the importance of the factor Intentionality in moral judgment. Additionally, due to the importance of cross-cultural studies in the quest for universals in human moral cognition, we provide the new set dilemmas in six languages (English, French, German, Spanish, Catalan, and Danish). The norming values provided here refer to the Spanish dilemma set. PMID:25071621

  16. Reviewing the National Courts in Creating Orderly International Law and Community

    Directory of Open Access Journals (Sweden)

    Johanis Leatemia

    2017-08-01

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

  17. Low levels of empathic concern predict utilitarian moral judgment.

    Science.gov (United States)

    Gleichgerrcht, Ezequiel; Young, Liane

    2013-01-01

    Is it permissible to harm one to save many? Classic moral dilemmas are often defined by the conflict between a putatively rational response to maximize aggregate welfare (i.e., the utilitarian judgment) and an emotional aversion to harm (i.e., the non-utilitarian judgment). Here, we address two questions. First, what specific aspect of emotional responding is relevant for these judgments? Second, is this aspect of emotional responding selectively reduced in utilitarians or enhanced in non-utilitarians? The results reveal a key relationship between moral judgment and empathic concern in particular (i.e., feelings of warmth and compassion in response to someone in distress). Utilitarian participants showed significantly reduced empathic concern on an independent empathy measure. These findings therefore reveal diminished empathic concern in utilitarian moral judges.

  18. Utilitarian Moral Judgment Exclusively Coheres with Inference from Is to Ought.

    Science.gov (United States)

    Elqayam, Shira; Wilkinson, Meredith R; Thompson, Valerie A; Over, David E; Evans, Jonathan St B T

    2017-01-01

    Faced with moral choice, people either judge according to pre-existing obligations ( deontological judgment), or by taking into account the consequences of their actions ( utilitarian judgment). We propose that the latter coheres with a more general cognitive mechanism - deontic introduction , the tendency to infer normative ('deontic') conclusions from descriptive premises (is-ought inference). Participants were presented with vignettes that allowed either deontological or utilitarian choice, and asked to draw a range of deontic conclusions, as well as judge the overall moral rightness of each choice separately. We predicted and found a selective defeasibility pattern, in which manipulations that suppressed deontic introduction also suppressed utilitarian moral judgment, but had little effect on deontological moral judgment. Thus, deontic introduction coheres with utilitarian moral judgment almost exclusively. We suggest a family of norm-generating informal inferences, in which normative conclusions are drawn from descriptive (although value-laden) premises. This family includes deontic introduction and utilitarian moral judgment as well as other informal inferences. We conclude with a call for greater integration of research in moral judgment and research into deontic reasoning and informal inference.

  19. A person-centered approach to moral judgment.

    Science.gov (United States)

    Uhlmann, Eric Luis; Pizarro, David A; Diermeier, Daniel

    2015-01-01

    Both normative theories of ethics in philosophy and contemporary models of moral judgment in psychology have focused almost exclusively on the permissibility of acts, in particular whether acts should be judged on the basis of their material outcomes (consequentialist ethics) or on the basis of rules, duties, and obligations (deontological ethics). However, a longstanding third perspective on morality, virtue ethics, may offer a richer descriptive account of a wide range of lay moral judgments. Building on this ethical tradition, we offer a person-centered account of moral judgment, which focuses on individuals as the unit of analysis for moral evaluations rather than on acts. Because social perceivers are fundamentally motivated to acquire information about the moral character of others, features of an act that seem most informative of character often hold more weight than either the consequences of the act or whether a moral rule has been broken. This approach, we argue, can account for numerous empirical findings that are either not predicted by current theories of moral psychology or are simply categorized as biases or irrational quirks in the way individuals make moral judgments. © The Author(s) 2014.

  20. Futility and the varieties of medical judgment.

    Science.gov (United States)

    Sulmasy, D P

    1997-01-01

    Pellegrino has argued that end-of-life decisions should be based upon the physician's assessment of the effectiveness of the treatment and the patient's assessment of its benefits and burdens. This would seem to imply that conditions for medical futility could be met either if there were a judgment of ineffectiveness, or if the patient were in a state in which he or she were incapable of a subjective judgment of the benefits and burdens of the treatment. I argue that a theory of futility according to Pellegrino would deny that latter but would permit some cases of the former. I call this the "circumspect" view. I show that Pellegrino would adopt the circumspect view because he would see the medical futility debate in the context of a system of medical ethics based firmly upon a philosophy of medicine. The circumspect view is challenged by those who would deny that one can distinguish objective from subjective medical judgments. I defend the circumspect view on the basis of a previously neglected aspect of the philosophy of medicine-an examination of varieties of medical judgment. I then offer some practical applications of this theory in clinical practice.

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

    Science.gov (United States)

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

    2013-01-01

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

  2. Les fidélités languedociennes et provençales du cardinal de Fleury à la Cour The Languedocien and Provençal loyalties of Cardinal de Fleury at court

    Directory of Open Access Journals (Sweden)

    Pascale Mormiche

    2008-06-01

    Full Text Available Ayant vécu à la Cour depuis 1666 environ et surtout après 1680, le cardinal André Hercule de Fleury est un personnage central dans l’étude sur la longue durée du clientélisme et des réseaux utilisés par les Méridionaux afin d’obtenir des emplois à la Cour. Sa propre ascension s’appuie d’abord sur une bonne gestion des relations locales entre Lodève et Montpellier. Il est alors soutenu par les familles Bonzi et Castries qui l’accompagnent vers Paris. Modifiant ensuite ses relations en fonction des familles qui dominent à la Cour, à la Chapelle et dans le service du roi à la fin du XVIIe siècle, il parvient à l’épiscopat puis au préceptorat royal. À partir de ce moment, il se comporte comme un « patron » dont l’influence s’accroît pendant la Régence et surtout après 1722. Cet article met en évidence les liens variés que le cardinal utilise à son profit puis comme protecteur des Languedociens et des Provençaux dont certains parviennent, grâce à lui, au ministériat.Having resided at the court since around 1666 and especially after 1680, the Cardinal André Hercule de Fleury is a central figure in the study of the enduring ‘clientelism’ and networks exploited by the Méridionaux (Southerners to obtain employment at the court. His own admission to court owed initially to good management of relations between Lodève and Montpellier. He was supported at the time by the Bonzi and Castries families, who accompanied him to Paris. Later adjusting his relations according to the dominant families at court, at the chapel and in the service of the king in the late seventeenth century, he obtained the bishopric and then the royal tutorship. From that time on, he acted as a ‘patron’ whose influence grew during the Regency and especially after 1722. This article brings to light the ties used by the cardinal to his advantage and subsequently as protector of the Languedociens and Provençaux, some of whom

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

    Science.gov (United States)

    United States Tennis Court & Track Builders Association.

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

  4. Abused and Neglected Children in Court: Knowledge and Attitudes

    Science.gov (United States)

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

    2010-01-01

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

  5. 20 CFR 405.515 - Application of circuit court law.

    Science.gov (United States)

    2010-04-01

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

  6. 16 CFR 1.62 - Ancillary court orders pending review.

    Science.gov (United States)

    2010-01-01

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

  7. Similar Task Features Shape Judgment and Categorization Processes

    Science.gov (United States)

    Hoffmann, Janina A.; von Helversen, Bettina; Rieskamp, Jörg

    2016-01-01

    The distinction between similarity-based and rule-based strategies has instigated a large body of research in categorization and judgment. Within both domains, the task characteristics guiding strategy shifts are increasingly well documented. Across domains, past research has observed shifts from rule-based strategies in judgment to…

  8. The Problem of Emergency in the American Supreme Court

    DEFF Research Database (Denmark)

    Ugilt, Rasmus; Hartz, Emily

    2011-01-01

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

  9. Good Faith in Life Insurance Contract by Indonesian Court

    Directory of Open Access Journals (Sweden)

    Mokhamad Khoirul Huda

    2017-03-01

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

  10. Case law

    International Nuclear Information System (INIS)

    Anon.

    2007-01-01

    Concerning the France, the judgement of the European Court of Human Rights on the Right to a fair Trial, in the litigation Collectif Stop Melox and Mox versus France (2007) and the decision of the Council of State Quashing a decree concerning a nuclear installation in Brennilis, for the want of public information and consultation (2007) are reported. For South Africa, the judgment of the Cape High Court in the case of Mc donald and others versus Minister of Minerals and Energy and others (2007) is reported. United Kingdom states the decision of the Wick Sheriff Court Fining UKAEA for plutonium exposure (2007). Concerning Usa the judgment of the US Court of Appeals on environment Analysis of the effects of terrorism (2006) and the vacatur of US Court of Federal Claims Decision regarding Price-Anderson Compensation of Costs in a private Tort Claim (2007) are reported. (N.C.)

  11. The Control of Environment Management Through Administrative Court

    Science.gov (United States)

    Putrijanti, Aju

    2018-02-01

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

  12. Adaptive Interventions in Drug Court: A Pilot Experiment

    Science.gov (United States)

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

    2009-01-01

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

  13. 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

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

    Science.gov (United States)

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

    2016-09-01

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

  15. 77 FR 4407 - Modernization of Poultry Slaughter Inspection

    Science.gov (United States)

    2012-01-27

    ... by the U.S. Court of Appeals for the Fifth Circuit in Supreme Beef Processors, Inc. v. USDA. In that... was a rational policy judgment within the discretion afforded to the Secretary. The plaintiffs appealed and the Court of Appeals for the District of Columbia Circuit reversed the district court's...

  16. Human dignity and the future of the voluntary active euthanasia ...

    African Journals Online (AJOL)

    The issue of voluntary active euthanasia was thrust into the public policy arena by the Stransham-Ford lawsuit. The High Court legalised voluntary active euthanasia – however, ostensibly only in the specific case of Mr Stransham-Ford. The Supreme Court of Appeal overturned the High Court judgment on technical grounds, ...

  17. Syariah Courts in Malaysia and the Development of Islamic Jurisprudence: The Study of Istihsan

    Directory of Open Access Journals (Sweden)

    Mohd Hafiz Jamaludin

    2014-06-01

    Full Text Available Malaysia is among the countries, which have very close relations with Shafi'i madhhab in term of Islamic Law. This can be seen from the provisions of Syariah Law in Malaysia where the opinion of the Shafi'i madhhab is preferred than other madhhabs. However, the current situations and issues cause that the other opinions from the other madhhabs are also used and practiced in order to provide the best solutions. This is also true in respect on the use of sources of Islamic law, such as Istihsan, Istislah and Qawl Sahabi, which are rejected by the Shafi'i madhhab. Therefore, this study attempts to analyze the development of Islamic law, particularly in the application of the concept of Istihsan in the Syariah Courts in Malaysia. This study has examined a number of cases reported in the Jurnal Hukum issued by the Syariah Judiciary Department of Malaysia (JKSM. The result of this study found that in several cases, the judges have applied indirectly the concept of Istihsan in their judgment. It is also found that it is actually the provisions of the law that allows the Shariah judges to indirectly apply this concept.

  18. Ethical Ideology and Ethical Judgments of Accounting Practitioners in Malaysia

    Directory of Open Access Journals (Sweden)

    Suhaiza Ismail

    2011-09-01

    Full Text Available The paper intends to explore the ethical ideology and ethical judgments of accounting practitioners in Malaysia. The objectives of this study are twofold. First, the paper intends to examine the factors that contribute to the different ethical ideology among Malaysian accounting practitioners. Second, it aims to investigate the influence of demographic factors and ethical ideology on ethical judgments of accounting practitioners. The study used Forsyth’s (1980 Ethics Position Questionnaire instrument to examine the ethical ideology of the accountants and adopted ethics vignettes used by Emerson et al. (2007 to assess the ethical judgments of the respondents. From the statistical analysis, this study found that age and gender have a significant impact on ethical judgment but not on ethical ideology. In addition, idealism and relativism have a significant influence on ethical judgment, especially in a legally unethical situation.

  19. Smells Like Teen Spirit: Evaluating a Midwestern Teen Court

    Science.gov (United States)

    Norris, Michael; Twill, Sarah; Kim, Chigon

    2011-01-01

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

  20. Choice of Court Clauses and Lis Pendens under Brussels I Regulation

    Directory of Open Access Journals (Sweden)

    Ekaterina Ivanova

    2010-08-01

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

  1. Choice of Court Clauses and Lis Pendens under Brussels I Regulation

    Directory of Open Access Journals (Sweden)

    Ekaterina Ivanova

    2010-08-01

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

  2. 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.

  3. Life after Myriad: the uncertain future of patenting biomedical innovation and personalised medicine in an international context

    DEFF Research Database (Denmark)

    M. Schwartz, Robert; Minssen, Timo

    2015-01-01

    On June 13, 2013, the U.S. Supreme Court decided the Myriad gene patent case. In a unanimous judgment the Court held that patent claims directed to isolated genomic DNA are identical to the naturally occurring sequence and thus unpatentable “products of nature”. This decision affects all isolated...... with the situation in Australia and in the EU.   Keywords: biotechnology, comparative patent law, US, Europe, Australia, DNA, Myriad, patent-eligibility,personalized medicine, genetic diagnostics, USPTO 2014 Guidelines, methods,innovation, Unified Patent Court....... of these decisions on the biomedical sector and personalized medicine,as well the methodology used by the generalist Supreme Court in reversing a specialized CAFC judgment is particularly interesting from a comparative perspective. This paper analyses and discusses these U.S. developments, and compares them...

  4. Can we use human judgments to determine the discount rate?

    Science.gov (United States)

    Baron, J

    2000-12-01

    It has been suggested that the long-term discount rate for environmental goods should decrease at longer delays. One justification for this suggestion is that human judgments support it. This article presents an experiment showing that judgments concerning discount rates are internally inconsistent. These results point to potential problems with the use of judgments referenda for determining discount rates in cost-benefit analyses.

  5. 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'.

  6. Unawareness of Self-interest Bias in Moral Judgments of Others’ Behavior

    Directory of Open Access Journals (Sweden)

    Bocian Konrad

    2014-12-01

    Full Text Available Previous studies (Bocian & Wojciszke, 2014 showed that self-interest biases moral perception of others’ unethical actions. Moreover, affective changes in attitudinal responses towards the perpetrator of an immoral act drives the bias. In the present studies, we attempted to answer the question whether people are aware of the self-interest bias in their judgments of others’ behavior. We conducted two experiments showing that moral judgments of verbally described and imagined actions were dominated by norms rather than self-interest (Study 1 and that people were not aware that self-interest distorted their moral judgment (Study 2. The unawareness of the self-interest bias among the participants was attributable to omission of their own emotional responses when forecasting their moral judgments. We discuss the importance of emotions presence in studies on moral judgments as well as contribution of the present research to the intuitionist approach to moral judgment.

  7. The use of experts and their judgments in nursing research: an overview

    Directory of Open Access Journals (Sweden)

    JC Bruce

    2008-09-01

    Full Text Available Experts and their judgments are widely used in the fields of research, education, health care, law, commerce and technology. Expert judgment is known for its subjectivity and its potential for bias, which brings into question the accuracy and authenticity of judgmental data. At the same time there is acknowledgment of the valued contribution of judgmental data towards valid inferences in research and education. Maximizing the use of experts and their judgments has therefore become an endeavour of educationists and researchers alike.

  8. FOREIGN JUDGMENTS PROJECT OF HAGUE CONFERENCE: FOR A GLOBAL REGIME OF INTERNATIONAL CIRCULATION OF JUDGMENTS ON CIVIL AND COMMERCIAL SUBJECTS

    Directory of Open Access Journals (Sweden)

    Nadia de Araujo

    2017-02-01

    Full Text Available The Hague Conference on Private International Law is promoting the adoption of rules designed to circumvent usual obstacles to the international circulation of judgments. The Judgments Project initiated in the nineties aims at mitigating uncertainties and risks associated with the international commerce by setting forth a simple and safe system according to which foreign judgments may circulate from country to country. The purpose of this article is to preserve the historical moment of the negotiations taking place at the Hague, as well as to pinpoint some technical issues raised in the course of the project that may be of general interest to those involved in the subject of international jurisdiction.

  9. Low levels of empathic concern predict utilitarian moral judgment.

    Directory of Open Access Journals (Sweden)

    Ezequiel Gleichgerrcht

    Full Text Available Is it permissible to harm one to save many? Classic moral dilemmas are often defined by the conflict between a putatively rational response to maximize aggregate welfare (i.e., the utilitarian judgment and an emotional aversion to harm (i.e., the non-utilitarian judgment. Here, we address two questions. First, what specific aspect of emotional responding is relevant for these judgments? Second, is this aspect of emotional responding selectively reduced in utilitarians or enhanced in non-utilitarians? The results reveal a key relationship between moral judgment and empathic concern in particular (i.e., feelings of warmth and compassion in response to someone in distress. Utilitarian participants showed significantly reduced empathic concern on an independent empathy measure. These findings therefore reveal diminished empathic concern in utilitarian moral judges.

  10. Japan’s Supreme Court Discourse and Lifetime Employment

    DEFF Research Database (Denmark)

    Tackney, Charles T.; Sato, Toyoko

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

  11. Court Appointed Volunteers for Abused and Neglected Children.

    Science.gov (United States)

    Justin, Renate G.

    2002-02-01

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

  12. 22 CFR 19.6 - Court orders and divorce decrees.

    Science.gov (United States)

    2010-04-01

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

  13. 8 CFR 337.8 - Oath administered by the courts.

    Science.gov (United States)

    2010-01-01

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

  14. 19 CFR 176.11 - Transmission of records to Court of International Trade.

    Science.gov (United States)

    2010-04-01

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

  15. BCI and a User’s Judgment of Agency

    NARCIS (Netherlands)

    Vlek, R.J.; Acken, J.P. van; Beurskens, E.; Roijendijk, L.M.M.; Haselager, W.F.G.; Grübler, G.; Hildt, E.

    2014-01-01

    Performing an action with the assistance of a BCI may affect a user’s judgment of agency, resulting in an illusion of control, or automatism. We analyze this possibility from a theoretical perspective and discuss various factors that might influence a user’s judgment of agency in a BCI context. We

  16. Disgust sensitivity is primarily associated with purity-based moral judgments.

    Science.gov (United States)

    Wagemans, Fieke M A; Brandt, Mark J; Zeelenberg, Marcel

    2018-03-01

    Individual differences in disgust sensitivity are associated with a range of judgments and attitudes related to the moral domain. Some perspectives suggest that the association between disgust sensitivity and moral judgments will be equally strong across all moral domains (i.e., purity, authority, loyalty, care, fairness, and liberty). Other perspectives predict that disgust sensitivity is primarily associated with judgments of specific moral domains (e.g., primarily purity). However, no study has systematically tested if disgust sensitivity is associated with moral judgments of the purity domain specifically, more generally to moral judgments of the binding moral domains, or to moral judgments of all of the moral domains equally. Across 5 studies (total N = 1,104), we find consistent evidence for the notion that disgust sensitivity relates more strongly to moral condemnation of purity-based transgressions (meta-analytic r = .40) than to moral condemnation of transgressions of any of the other domains (range meta-analytic rs: .07-.27). Our findings are in line with predictions from Moral Foundations Theory, which predicts that personality characteristics like disgust sensitivity make people more sensitive to a certain set of moral issues. (PsycINFO Database Record (c) 2018 APA, all rights reserved).

  17. Utilitarian Moral Judgment Exclusively Coheres with Inference from Is to Ought

    Directory of Open Access Journals (Sweden)

    Shira Elqayam

    2017-06-01

    Full Text Available Faced with moral choice, people either judge according to pre-existing obligations (deontological judgment, or by taking into account the consequences of their actions (utilitarian judgment. We propose that the latter coheres with a more general cognitive mechanism – deontic introduction, the tendency to infer normative (‘deontic’ conclusions from descriptive premises (is-ought inference. Participants were presented with vignettes that allowed either deontological or utilitarian choice, and asked to draw a range of deontic conclusions, as well as judge the overall moral rightness of each choice separately. We predicted and found a selective defeasibility pattern, in which manipulations that suppressed deontic introduction also suppressed utilitarian moral judgment, but had little effect on deontological moral judgment. Thus, deontic introduction coheres with utilitarian moral judgment almost exclusively. We suggest a family of norm-generating informal inferences, in which normative conclusions are drawn from descriptive (although value-laden premises. This family includes deontic introduction and utilitarian moral judgment as well as other informal inferences. We conclude with a call for greater integration of research in moral judgment and research into deontic reasoning and informal inference.

  18. 26 CFR 1.992-3 - Deficiency distributions to meet qualification requirements.

    Science.gov (United States)

    2010-04-01

    ... (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES Domestic International Sales Corporations § 1.992-3... final determination by a decision of the United States Tax Court is the date upon which such decision... contested in a court (and upon which there is a judgment) other than the Tax Court is the date upon which...

  19. 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

  20. The mere exposure effect is differentially sensitive to different judgment tasks.

    Science.gov (United States)

    Seamon, J G; McKenna, P A; Binder, N

    1998-03-01

    The mere exposure effect is the increase in positive affect that results from the repeated exposure to previously novel stimuli. We sought to determine if judgments other than affective preference could reliably produce a mere exposure effect for two-dimensional random shapes. In two experiments, we found that brighter and darker judgments did not differentiate target from distracter shapes, liking judgments led to target selection greater than chance, and disliking judgments led to distracter selection greater than chance. These results for brighter, darker, and liking judgments were obtained regardless of whether shape recognition was greater (Experiment 1) or not greater (Experiment 2) than chance. Effects of prior exposure to novel shapes were reliably observed only for affective judgment tasks. These results are inconsistent with general predictions made by the nonspecific activation hypothesis, but not the affective primacy or perceptual fluency hypotheses which were discussed in terms of cognitive neuroscience research. Copyright 1998 Academic Press.

  1. Parent Group Training Programs in Juvenile Courts: A National Survey

    Science.gov (United States)

    Windell, James O.; Windell, Ellen A.

    1977-01-01

    This survey of juvenile courts across the country indicates that only one of five courts have a parent group program and few use procedures reported in the growing literature relating to changing the behavior of agressive children. (Author)

  2. Judgments of subtle facial expressions of emotion.

    Science.gov (United States)

    Matsumoto, David; Hwang, Hyisung C

    2014-04-01

    Most studies on judgments of facial expressions of emotion have primarily utilized prototypical, high-intensity expressions. This paper examines judgments of subtle facial expressions of emotion, including not only low-intensity versions of full-face prototypes but also variants of those prototypes. A dynamic paradigm was used in which observers were shown a neutral expression followed by the target expression to judge, and then the neutral expression again, allowing for a simulation of the emergence of the expression from and then return to a baseline. We also examined how signal and intensity clarities of the expressions (explained more fully in the Introduction) were associated with judgment agreement levels. Low-intensity, full-face prototypical expressions of emotion were judged as the intended emotion at rates significantly greater than chance. A number of the proposed variants were also judged as the intended emotions. Both signal and intensity clarities were individually associated with agreement rates; when their interrelationships were taken into account, signal clarity independently predicted agreement rates but intensity clarity did not. The presence or absence of specific muscles appeared to be more important to agreement rates than their intensity levels, with the exception of the intensity of zygomatic major, which was positively correlated with agreement rates for judgments of joy.

  3. Gestion des risques naturels et prise en compte du développement durable : un lien équivoque. Le cas du sud grenoblois

    Directory of Open Access Journals (Sweden)

    Lauren Andres

    2009-01-01

    Full Text Available Cet article questionne la nature du lien envisageable entre risque naturel et développement durable à travers l’étude du territoire du sud grenoblois, soumis notamment à deux aléas naturels majeurs : le mouvement de terrain de grande ampleur dit des « Ruines de Séchilienne » et les probables crues de la Romanche et du Drac. Trois étapes structurent cette réflexion questionnant la transition supposée entre une gestion des risques naturels et une gestion durable des territoires soumis aux risques naturels : une association toute relative, un lien logique mais limité sur le terrain, une relation surtout indirecte. Les interactions identifiées, en termes législatifs mais aussi idéels et opérationnels, entre risque et durabilité se révèlent ainsi complexes et ne sont pas forcément explicites ; elles dépendent en particulier de multiples échelles territoriales (nationales à locales, confrontant alors pour l’essentiel des stratégies d’acteurs – porteurs des décisions ou du savoir technique – distinctes.

  4. Intuitive Face Judgments Rely on Holistic Eye Movement Pattern.

    Science.gov (United States)

    Mega, Laura F; Volz, Kirsten G

    2017-01-01

    Non-verbal signals such as facial expressions are of paramount importance for social encounters. Their perception predominantly occurs without conscious awareness and is effortlessly integrated into social interactions. In other words, face perception is intuitive. Contrary to classical intuition tasks, this work investigates intuitive processes in the realm of every-day type social judgments. Two differently instructed groups of participants judged the authenticity of emotional facial expressions, while their eye movements were recorded: an 'intuitive group,' instructed to rely on their "gut feeling" for the authenticity judgments, and a 'deliberative group,' instructed to make their judgments after careful analysis of the face. Pixel-wise statistical maps of the resulting eye movements revealed a differential viewing pattern, wherein the intuitive judgments relied on fewer, longer and more centrally located fixations. These markers have been associated with a global/holistic viewing strategy. The holistic pattern of intuitive face judgments is in line with evidence showing that intuition is related to processing the "gestalt" of an object, rather than focusing on details. Our work thereby provides further evidence that intuitive processes are characterized by holistic perception, in an understudied and real world domain of intuition research.

  5. A Framework of a Computerized Decision Aid to Improve Group Judgments

    Directory of Open Access Journals (Sweden)

    Utpal Bose

    2009-09-01

    Full Text Available In organizations, groups of decision makers often meet to make judgments as a group on issues and tasks such as, hiring a person who best fits an open position. In such tasks called cognitive conflict tasks, where there is no conflict of interest, group members attempting to reach a common solution often differ on their perspectives to the problem. Cognitive conflicts have been studied in the context of Social Judgment Theory, which posits that persons or judges make a set of judgments about a set of events based on observation of a set of cues related to the events. Disagreement arises because the judges fail to understand each other’s judgment making policies. In order to reduce disagreement and move the group towards a group judgment policy that has the consensus of the group members and is applied consistently, a computerized decision aid is proposed that can be built around a Group Support System using cognitive mapping as a method of providing cognitive feedback and the Analytic Hierarchy Process to process the conflicting criteria and help an individual formulate a judgment policy, as well as aggregate the individual policies into a group judgment policy. It is argued that such as decision aid by supporting every decision maker in the group to effectively use information about the task so that they have a good understanding of the judgment policy they form, to communicate their evaluation policies accurately to other members, and by providing an iterative mechanism through which members can arrive at a compromise solution to the task, is expected to improve the quality of group judgments.

  6. Judgments Relative to Patterns: How Temporal Sequence Patterns Affect Judgments and Memory

    Science.gov (United States)

    Kusev, Petko; Ayton, Peter; van Schaik, Paul; Tsaneva-Atanasova, Krasimira; Stewart, Neil; Chater, Nick

    2011-01-01

    RESix experiments studied relative frequency judgment and recall of sequentially presented items drawn from 2 distinct categories (i.e., city and animal). The experiments show that judged frequencies of categories of sequentially encountered stimuli are affected by certain properties of the sequence configuration. We found (a) a "first-run…

  7. On appointment of Courts presidents - some open questions

    Directory of Open Access Journals (Sweden)

    Mijo Galiot

    2014-01-01

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

  8. Questions of legal responsibility for Srebrenica before the Dutch courts

    NARCIS (Netherlands)

    Spijkers, Otto

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

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

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

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

  10. TU Delft expert judgment data base

    International Nuclear Information System (INIS)

    Cooke, Roger M.; Goossens, Louis L.H.J.

    2008-01-01

    We review the applications of structured expert judgment uncertainty quantification using the 'classical model' developed at the Delft University of Technology over the last 17 years [Cooke RM. Experts in uncertainty. Oxford: Oxford University Press; 1991; Expert judgment study on atmospheric dispersion and deposition. Report Faculty of Technical Mathematics and Informatics No.01-81, Delft University of Technology; 1991]. These involve 45 expert panels, performed under contract with problem owners who reviewed and approved the results. With a few exceptions, all these applications involved the use of seed variables; that is, variables from the experts' area of expertise for which the true values are available post hoc. Seed variables are used to (1) measure expert performance, (2) enable performance-based weighted combination of experts' distributions, and (3) evaluate and hopefully validate the resulting combination or 'decision maker'. This article reviews the classical model for structured expert judgment and the performance measures, reviews applications, comparing performance-based decision makers with 'equal weight' decision makers, and collects some lessons learned

  11. The affect heuristic in judgments of risks and benefits

    International Nuclear Information System (INIS)

    Finucane, M.; Slovic, P.; Johnson, S.M.; Alhakami, A.

    1998-01-01

    The role of affect in judgment of risks and benefits is examined in two studies. Despite using different methodologies the two studies suggest that risk and benefit are linked somehow in people's perception, consequently influencing their judgments. Short paper

  12. COMPREHENSIVE APPROACH OVER THE PROFESSIONAL JUDGMENT OF THE FINANCIAL ANALYST

    Directory of Open Access Journals (Sweden)

    Viorica Mirela ŞTEFAN-DUICU

    2016-06-01

    Full Text Available The professional judgment is emblematical at a decisional level. This paper aims to highlight the valences of the professional judgment of the financial analyst by describing the components of its activity and also through highlighting the typologies of the mechanisms involved. Within this paper we have presented the types of financial analysts, the responsibilities that guide the professional judgment and also the interdependent elements of their activity.

  13. The Application of Moral Judgments to Other Cultures: Relativism and Universality.

    Science.gov (United States)

    Wainryb, Cecilia

    1993-01-01

    Sixth and tenth graders and college students were asked to apply moral judgments which they had made about a familiar context to contexts in cultures different from their own. Most subjects contextualized their judgments with respect to cultures with different informational beliefs but made nonrelativistic judgments with respect to cultures with…

  14. Electronic health record tools' support of nurses' clinical judgment and team communication.

    Science.gov (United States)

    Kossman, Susan P; Bonney, Leigh Ann; Kim, Myoung Jin

    2013-11-01

    Nurses need to quickly process information to form clinical judgments, communicate with the healthcare team, and guide optimal patient care. Electronic health records not only offer potential for enhanced care but also introduce unintended consequences through changes in workflow, clinical judgment, and communication. We investigated nurses' use of improvised (self-made) and electronic health record-generated cognitive artifacts on clinical judgment and team communication. Tanner's Clinical Judgment Model provided a framework and basis for questions in an online survey and focus group interviews. Findings indicated that (1) nurses rated self-made work lists and medication administration records highest for both clinical judgment and communication, (2) tools aided different dimensions of clinical judgment, and (3) interdisciplinary tools enhance team communication. Implications are that electronic health record tool redesign could better support nursing work.

  15. The Constitutional Court Adjudication and Its Implications for the Justice Seekers

    OpenAIRE

    Sutiyoso, Bambang

    2008-01-01

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

  16. Psychophysical evaluation of image quality : from judgment to impression

    NARCIS (Netherlands)

    Ridder, de H.; Rogowitz, B.E.; Pappas, T.N.

    1998-01-01

    Designs of imaging systems, image processing algorithms etc. usually take for granted that methods for assessing perceived image quality produce unbiased estimates of the viewers' quality impression. Quality judgments, however, are affected by the judgment strategies induced by the experimental

  17. The affect heuristic in judgments of risks and benefits

    Energy Technology Data Exchange (ETDEWEB)

    Finucane, M.; Slovic, P.; Johnson, S.M. [Decision Research, 1201 Oak St, Eugene, Oregon (United States); Alhakami, A. [Imam Muhammad Ibn Saud Islamic University Psychology Dept. (Saudi Arabia)

    1998-07-01

    The role of affect in judgment of risks and benefits is examined in two studies. Despite using different methodologies the two studies suggest that risk and benefit are linked somehow in people's perception, consequently influencing their judgments. Short paper.

  18. 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.

  19. 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…

  20. The ABC of moral development: an attachment approach to moral judgment

    Science.gov (United States)

    Govrin, Aner

    2014-01-01

    As with other cognitive faculties, the etiology of moral judgment and its connection to early development is complex. Because research is limited, the causative and contributory factors to the development of moral judgment in preverbal infants are unclear. However, evidence is emerging from studies within both infant research and moral psychology that may contribute to our understanding of the early development of moral judgments. Though its finding are preliminary, this proposed paradigm synthesizes these findings to generate an overarching, model of the process that appears to contribute to the development of moral judgment in the first year of life. I will propose that through early interactions with the caregiver, the child acquires an internal representation of a system of rules that determine how right/wrong judgments are to be construed, used, and understood. By breaking moral situations down into their defining features, the attachment model of moral judgment outlines a framework for a universal moral faculty based on a universal, innate, deep structure that appears uniformly in the structure of almost all moral judgments regardless of their content. The implications of the model for our understanding of innateness, universal morality, and the representations of moral situations are discussed. PMID:24478739

  1. 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’.

  2. Experiencing Physical Pain Leads to More Sympathetic Moral Judgments

    Science.gov (United States)

    Xiao, Qianguo; Zhu, Yi; Luo, Wen-bo

    2015-01-01

    Previous studies have shown that observing another’s pain can evoke other-oriented emotions, which instigate empathic concern for another’s needs. It is not clear whether experiencing first-hand physical pain may also evoke other-oriented emotion and thus influence people’s moral judgment. Based on the embodied simulation literature and neuroimaging evidence, the present research tested the idea that participants who experienced physical pain would be more sympathetic in their moral judgments. Study 1 showed that ice-induced physical pain facilitated higher self-assessments of empathy, which motivated participants to be more sympathetic in their moral judgments. Study 2 confirmed findings in study 1 and also showed that State Perspective Taking subscale of the State Empathy Scale mediated the effects of physical pain on moral judgment. These results provide support for embodied view of morality and for the view that pain can serve a positive psychosocial function. PMID:26465603

  3. The accuracy of meta-metacognitive judgments: regulating the realism of confidence.

    Science.gov (United States)

    Buratti, Sandra; Allwood, Carl Martin

    2012-08-01

    Can people improve the realism of their confidence judgments about the correctness of their episodic memory reports by deselecting the least realistic judgments? An assumption of Koriat and Goldsmith's (Psychol Rev 103:490-517, 1996) model is that confidence judgments regulate the reporting of memory reports. We tested whether this assumption generalizes to the regulation of the realism (accuracy) of confidence judgments. In two experiments, 270 adults in separate conditions answered 50 recognition and recall questions about the contents of a just-seen video. After each answer, they made confidence judgments about the answer's correctness. In Experiment 1, the participants in the recognition conditions significantly increased their absolute bias when they excluded 15 questions. In Experiment 2, the participants in the recall condition significantly improved their calibration. The results indicate that recall, more than recognition, offers valid cues for participants to increase the realism of their report. However, the effects were small with only weak support for the conclusion that people have some ability to regulate the realism in their confidence judgments.

  4. Improving a gold standard: treating human relevance judgments of MEDLINE document pairs

    Directory of Open Access Journals (Sweden)

    Kim Won

    2011-06-01

    Full Text Available Abstract Given prior human judgments of the condition of an object it is possible to use these judgments to make a maximal likelihood estimate of what future human judgments of the condition of that object will be. However, if one has a reasonably large collection of similar objects and the prior human judgments of a number of judges regarding the condition of each object in the collection, then it is possible to make predictions of future human judgments for the whole collection that are superior to the simple maximal likelihood estimate for each object in isolation. This is possible because the multiple judgments over the collection allow an analysis to determine the relative value of a judge as compared with the other judges in the group and this value can be used to augment or diminish a particular judge’s influence in predicting future judgments. Here we study and compare five different methods for making such improved predictions and show that each is superior to simple maximal likelihood estimates.

  5. Construal levels and moral judgment: Some complications

    Directory of Open Access Journals (Sweden)

    Han Gong

    2012-09-01

    Full Text Available Eyal, T., Liberman, N., and Trope, Y., (2008. Judging near and distant virtue and vice. Journal of Experimental Social Psychology, 44, 1204-1209, explored how psychological distance influences moral judgment and found that more extreme moral appraisals were given to distal behaviors rather than proximal behaviors. Contrary to Eyal et al., the current paper presents converging evidence showing that moral judgments become more extreme at lower-level construals compared to higher-level construals. In four experiments using two different priming techniques, we manipulated construal levels and assessed their effects on moral judgment. High-level consturals elicited less moral outrage toward transgressions and less positive ratings of virtuous behaviors than low-level construals. A replication study was also conducted to reconcile the inconsistencies between the current results and those of Eyal et al. Possible explanations for the different results between two studies are discussed.

  6. Extraversion, neuroticism, immoral judgment and criminal behaviour.

    Science.gov (United States)

    Addad, M; Leslau, A

    1989-01-01

    The present study examines delinquent behaviour by integrating two approaches until now employed separately: Eysnck's theory linking delinquency to extraversion and neuroticism, and Kohlberg's theory of moral development and its connection to moral behaviour. The study analyzes the relations between extraversion, neuroticism and moral judgment, as well as their independent and/or interactive effect upon the development of anti-social behaviour. The relationships are tested by retrospective measurements of personality traits and moral judgment in three groups: delinquency (N = 203), control (N = 82) and comparative (N = 407) groups. Findings show that criminals are higher than control subjects in neuroticism and immoral judgment but not in extraversion. Similar relationships were found between criminals and the comparative group, with one exception: here extraversion was found to be positively related to delinquency, both independently and interactively with neuroticism. The implications of these results for differential development of anti-social behaviour are discussed.

  7. How Large Is the Role of Emotion in Judgments of Moral Dilemmas?

    Science.gov (United States)

    Horne, Zachary; Powell, Derek

    2016-01-01

    Moral dilemmas often pose dramatic and gut-wrenching emotional choices. It is now widely accepted that emotions are not simply experienced alongside people's judgments about moral dilemmas, but that our affective processes play a central role in determining those judgments. However, much of the evidence purporting to demonstrate the connection between people's emotional responses and their judgments about moral dilemmas has recently been called into question. In the present studies, we reexamined the role of emotion in people's judgments about moral dilemmas using a validated self-report measure of emotion. We measured participants' specific emotional responses to moral dilemmas and, although we found that moral dilemmas evoked strong emotional responses, we found that these responses were only weakly correlated with participants' moral judgments. We argue that the purportedly strong connection between emotion and judgments of moral dilemmas may have been overestimated.

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

    Directory of Open Access Journals (Sweden)

    Choong Yeow Choy

    2017-03-01

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

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

    Science.gov (United States)

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

    2012-01-01

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

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

    Science.gov (United States)

    Schmidt, Peter

    2012-01-01

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

  11. Judicial Separation and Divorce in the Circuit Court

    OpenAIRE

    O'Shea, Roisin

    2014-01-01

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

  12. National Court Remand Activity Data Collection

    Data.gov (United States)

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

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

    Directory of Open Access Journals (Sweden)

    В. І. Алєксєйчук

    2015-11-01

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

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

    African Journals Online (AJOL)

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

  15. Intuitive and Deliberate Judgments Are Based on Common Principles

    Science.gov (United States)

    Kruglanski, Arie W.; Gigerenzer, Gerd

    2011-01-01

    A popular distinction in cognitive and social psychology has been between "intuitive" and "deliberate" judgments. This juxtaposition has aligned in dual-process theories of reasoning associative, unconscious, effortless, heuristic, and suboptimal processes (assumed to foster intuitive judgments) versus rule-based, conscious, effortful, analytic,…

  16. Author: E Fourie

    African Journals Online (AJOL)

    Fourie, Elmarie

    3302. The court thus had to determine the meaning of benefits as provided for by section. 186(2)(a) of the LRA.5 In numerous cases courts in South Africa have endeavoured to give content to this concept left undefined by the legislature. In 1997 the Labour Court delivered judgment in Schoeman v Samsung Electronics SA.

  17. The Preliminaries of a Reference

    DEFF Research Database (Denmark)

    Butler, Graham; Šadl, Urška

    2018-01-01

    On 11 June 2015, the President of the First Chamber of the Court of Justice of the EU (the Court) issued an order to delete Bogdan Chain v Atlanco Ltd (C-189/14) from the Registry. This comment and the reflection are thus not motivated by a judgment, but rather by the reasons why the Court after...

  18. Judgment and decision making.

    Science.gov (United States)

    Mellers, B A; Schwartz, A; Cooke, A D

    1998-01-01

    For many decades, research in judgment and decision making has examined behavioral violations of rational choice theory. In that framework, rationality is expressed as a single correct decision shared by experimenters and subjects that satisfies internal coherence within a set of preferences and beliefs. Outside of psychology, social scientists are now debating the need to modify rational choice theory with behavioral assumptions. Within psychology, researchers are debating assumptions about errors for many different definitions of rationality. Alternative frameworks are being proposed. These frameworks view decisions as more reasonable and adaptive that previously thought. For example, "rule following." Rule following, which occurs when a rule or norm is applied to a situation, often minimizes effort and provides satisfying solutions that are "good enough," though not necessarily the best. When rules are ambiguous, people look for reasons to guide their decisions. They may also let their emotions take charge. This chapter presents recent research on judgment and decision making from traditional and alternative frameworks.

  19. Can model-free reinforcement learning explain deontological moral judgments?

    Science.gov (United States)

    Ayars, Alisabeth

    2016-05-01

    Dual-systems frameworks propose that moral judgments are derived from both an immediate emotional response, and controlled/rational cognition. Recently Cushman (2013) proposed a new dual-system theory based on model-free and model-based reinforcement learning. Model-free learning attaches values to actions based on their history of reward and punishment, and explains some deontological, non-utilitarian judgments. Model-based learning involves the construction of a causal model of the world and allows for far-sighted planning; this form of learning fits well with utilitarian considerations that seek to maximize certain kinds of outcomes. I present three concerns regarding the use of model-free reinforcement learning to explain deontological moral judgment. First, many actions that humans find aversive from model-free learning are not judged to be morally wrong. Moral judgment must require something in addition to model-free learning. Second, there is a dearth of evidence for central predictions of the reinforcement account-e.g., that people with different reinforcement histories will, all else equal, make different moral judgments. Finally, to account for the effect of intention within the framework requires certain assumptions which lack support. These challenges are reasonable foci for future empirical/theoretical work on the model-free/model-based framework. Copyright © 2016 Elsevier B.V. All rights reserved.

  20. Intuitive Face Judgments Rely on Holistic Eye Movement Pattern

    Directory of Open Access Journals (Sweden)

    Laura F. Mega

    2017-06-01

    Full Text Available Non-verbal signals such as facial expressions are of paramount importance for social encounters. Their perception predominantly occurs without conscious awareness and is effortlessly integrated into social interactions. In other words, face perception is intuitive. Contrary to classical intuition tasks, this work investigates intuitive processes in the realm of every-day type social judgments. Two differently instructed groups of participants judged the authenticity of emotional facial expressions, while their eye movements were recorded: an ‘intuitive group,’ instructed to rely on their “gut feeling” for the authenticity judgments, and a ‘deliberative group,’ instructed to make their judgments after careful analysis of the face. Pixel-wise statistical maps of the resulting eye movements revealed a differential viewing pattern, wherein the intuitive judgments relied on fewer, longer and more centrally located fixations. These markers have been associated with a global/holistic viewing strategy. The holistic pattern of intuitive face judgments is in line with evidence showing that intuition is related to processing the “gestalt” of an object, rather than focusing on details. Our work thereby provides further evidence that intuitive processes are characterized by holistic perception, in an understudied and real world domain of intuition research.