WorldWideScience

Sample records for materials world courts

  1. 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

  2. Russian oil prices: courting the world market

    International Nuclear Information System (INIS)

    Khartukov, E.M.

    1995-01-01

    The export and oil pricing of Russian crude was discussed. Russian crude and oil product exports are not yet wholly competitive with world oil markets. It was suggested that to do so, would be neither desirable nor actually possible at present. The reason for this is related to Russia's export duties regime and Russia's trade with its neighbouring countries which include the former Soviet republics. In the first half of 1995, the average border price of crude destined for those countries was US$75.04/tonne as opposed to US$114.77/tonne for crude exported to 'far-abroad', hard-currency markets. A breakdown of Russia's export duties for liquid fuels and a typical breakdown of export and domestic prices for Russian oil was provided. Russian crude is considerably under-priced mainly because of the poor state of the national refining industry which is in need of radical modernization. It was suggested that instead of globalization, it would be more appropriate to redirect the priorities of Russian energy policy towards defining optimal use of Russia's available energy potential, and rationalizing its domestic price structure first, which is the root cause of the national price problem. 5 refs., 5 tabs., 2 figs

  3. After the world court opinion: Towards a world without nuclear weapons

    International Nuclear Information System (INIS)

    Roche, D.

    1998-01-01

    With the World Court advisory opinion on the treat or use of nuclear weapons, a new moment has arrived in the 51-year history of atomic bomb. The highest legal body in the world has said that governments must not only pursue but conclude negotiations leading to total nuclear disarmament. Both a sharp focus and a comprehensive action are required in developing public support and political action towards a safer, more peaceful world. Three-pronged interrelated course of action is proposed: a Nuclear Weapon Convention; reduction in conventional arms and control of arms trade; and new spending priorities or sustainable development

  4. Pop Life, Art in a Material World.

    Directory of Open Access Journals (Sweden)

    Clémence Bonnet

    2010-02-01

    Full Text Available « I don’t think myself as evil – just realistic », Andy Warhol« Good business is the best art », légendaire citation d’Andy Warhol, résonne entre les murs de la Tate Modern, digne fil conducteur de l’exposition « Pop Life, Art in a Material World  ». Le Business Art et l’artiste intégrant le commercial à son travail (ne se contentant plus de seulement le commenter réunissent vingt-deux artistes autour de la figure centrale de Warhol, présenté comme le père fondateur de toute cette mouvance p...

  5. Proposal of world network on material testing reactors

    International Nuclear Information System (INIS)

    Takemoto, Noriyuki; Izumo, Hironobu; Hori, Naohiko; Ishitsuka, Etsuo; Ishihara, Masahiro

    2011-01-01

    Establishment of an international cooperation system of worldwide testing reactor network (world network) is proposed in order to achieve efficient facility utilization and provide high quality irradiation data by role sharing of irradiation tests with materials testing reactors in the world. As for the first step, mutual understanding among materials testing reactors is thought to be necessary. From this point, an international symposium on materials testing reactors (ISMTR) was held to construct the world network from 2008, and a common understanding of world network has begun to be shared. (author)

  6. Ecology of Access to Educational Material in Developing World ...

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

    Ecology of Access to Educational Material in Developing World Universities. The longstanding crisis of the developing world library is coming to an end, but not in the way most observers anticipated. Resource scarcity, limited holdings and poor infrastructure remain the norm. Debates of access to print materials continue to ...

  7. Materials aspects of world energy needs

    Energy Technology Data Exchange (ETDEWEB)

    None

    1980-01-01

    Plenary session papers presented by participants from both developed and developing countries contributed to the information base on materials and energy outlook, international cooperation, economic aspects, and environmental considerations and established the theme for the subsequent workshop sessions. Workshops on ten major aspects of materials-energy interrelationships provided the opportunity of open and informal discussion of critical issues in each area and the development of reasonable consensus on problems and potential solutions. A separate abstract for each of the 10 plenary-session papers, the 10 workshop reports, and the 4 selected papers will appear in Energy Research Abstracts (ERA) and Energy Abstracts for Policy Analysis (EAPA). The brief issue summaries (preprints) will appear individually (total of 75) only in the DOE Energy Data Base.

  8. Hunger: The World Food Crisis. An NSTA Environmental Materials Guide.

    Science.gov (United States)

    Fowler, Kathryn Mervine

    This document provides a materials guide containing annotated bibliographies of literature for teachers and students, a film guide, and a curriculum materials guide for educational sources relating to hunger, food, and the world food crisis. Materials span the range from pre-school to grade 12. (SL)

  9. De Matrixx-uitspraak van de U.S. Supreme Court over de (beperkte) betekenis van statistische significantie voor materiality

    NARCIS (Netherlands)

    A.C.W. Pijls (Arnoud)

    2011-01-01

    textabstractInleiding. Afgelopen Spring Term was wat betreft securities fraud één van de meest productieve seizoenen van de Supreme Court sinds jaren. De Supreme Court voelde zich de voorbije Term maar liefst drie keer geroepen om richtinggevend op te treden inzake kwesties van securities fraud

  10. Morality and Intimate Partner Violence: Do Men in Court-Mandated Psychological Treatment Hold a Sacred Moral Vision of the World and Themselves?

    Science.gov (United States)

    Vecina, María L; Chacón, José C

    2016-01-01

    This article examines the characterization of men in a court-mandated treatment for violence against their partners as holding a sacred vision of the 5 moral foundations and of their own morality. This characterization is compatible with the assumption that a sacred moral world is easily threatened by reality and that may be associated to violent defensive actions. The results from latent class analyses reveal (a) a 4-class distribution depending exclusively on the intensity with which all participants (violent and nonviolent) tend to sacralize the actions proposed in the Moral Foundations Sacredness Scale and (b) a greater prevalence of the violent participants among the classes that are more prone to sacralize. They also show that they hold an inflated moral vision of themselves: They think they are much more moral than intelligent than others who have never been charged with criminal behavior (Muhammad Ali effect).

  11. Quantum Organizational World-Making through Material Emobided Storytelling Practices

    DEFF Research Database (Denmark)

    Svane, Marita

    2014-01-01

    -making phenomena. In this article, organizational development and change are viewed as world-making phenomena that emerge from material, embodied, storytelling practices and are dissipated in the organization through the living story web in fractal, rhizomatic organizing processes. Diffractively reading pri......-marily Boje, Barad, Ingold, Heidegger, Bakhtin, and Deleuze and Guattari through each other, a quantum storytelling framework is proposed for better understanding organizing processes towards the future. Special attention is paid to the prospective, sense-shaping role of agential rhizomatic antenarratives...

  12. The world's nuclear future - built on material success

    Science.gov (United States)

    Ion, Sue

    2010-07-01

    In our energy hungry world of the twenty-first century, the future of electricity generation must meet the twin challenges of security of supply and reduced carbon emissions. The expectations for nuclear power programmes to play a part in delivering success on both counts, grows ever higher. The nuclear industry is poised on a renaissance likely to dwarf the heady days of the 1960s and early 1970s. Global supply chain and project management challenges abound, now just as then. The science and engineering of materials will be key to the successful deployment and operation of a new generation of reactor systems and their associated fuel cycles. Understanding and predicting materials performance will be key to achieving life extension of existing assets and underpinning waste disposal options, as well as giving confidence to the designers, their financial backers and governments across the globe, that the next generation of reactors will deliver their full potential.

  13. Radioactivity of building materials in our country and the world

    International Nuclear Information System (INIS)

    Batkova, L.

    2007-01-01

    The problem of radiation load of the population in recent years in the world, but also in Slovakia, is a topic of increasing interest. The reason is significant radiation exposure which is caused by natural or artificial sources of ionizing radiation. The most serious of natural resources is radon. Studies point to the fact that, together with its transformation products it poses a plumbless risk for developing of lung cancer. As part of measures to reduce the radiation load of the population the content of radionuclides in materials and raw materials used in construction is being monitored. The aim is to regulate the size of the exposure in the accommodation space and thus eliminate the health risks that result in exposure of radon. The author tried to make an overview of measured concentrations of natural radionuclides in building materials used in Slovakia and other countries. The author also provides a picture of radiation load on the population of the Czech Republic and Slovakia and gives an overview of legal and legislative standards based on international standards and requirements. (author)

  14. 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…

  15. World Overview of Packaging Materials for Food Based on Zeolite

    Directory of Open Access Journals (Sweden)

    Bondarenko Evgeniya

    2016-11-01

    Full Text Available The paper studies the world experience of using zeolites in manufacturing food packaging materials with a view to extend food storage. Antimicrobial properties of zeolites are confirmed by the results of the re-search of antifungal mixture for prolongation of food products shelf life. They correlate with the experience of using the mixture in agriculture as a fungicide and preservative for corn, root crops, sunflower, silage. The ability of zeolites to inactivate pathogens and accelerate excretion of metabolic products from the human body as well as products of disturbed metabolism and toxic compounds derived from the environment was considered. In medicine almost all zeolites are used as highly effective sorbents, and it is confirmed by the positive results of their use in the treatment of poisoning and other intoxications, and for their prevention. Thus, they can be used as raw materials in the development of food with detoxicative properties for people who face food, environmental or occupational poisoning. Bentonite (representative of zeolites, established to meet FDA requirements to contact with food, is included into the List of food additives (E 558. It has the official permission to be used in the food industry and can be used in the development of food products for special purposes.

  16. American Material Culture: Investigating a World War II Trash Dump

    Energy Technology Data Exchange (ETDEWEB)

    Julie Braun

    2005-10-01

    The Idaho National Laboratory: An Historical Trash Trove Historians and archaeologists love trash, the older the better. Sometimes these researchers find their passion in unexpected places. In this presentation, the treasures found in a large historic dump that lies relatively untouched in the middle of the Idaho National Laboratory (INL) will be described. The U.S. military used the central portion of the INL as one of only six naval proving grounds during World War II. They dumped trash in dry irrigation canals during and after their wartime activities and shortly before the federal government designated this arid and desolate place as the nation’s nuclear reactor testing station in 1949. When read critically and combined with memories and photographs, the 60-year old trash provides a glimpse into 1940s’ culture and the everyday lives of ordinary people who lived and worked during this time on Idaho’s desert. Thanks to priceless stories, hours of research, and the ability to read the language of historic artifacts, the dump was turned from just another trash heap into a treasure trove of 1940s memorabilia. Such studies of American material culture serve to fire our imaginations, enrich our understanding of past practices, and humanize history. Historical archaeology provides opportunities to integrate inanimate objects with animated narrative and, the more recent the artifacts, the more human the stories they can tell.

  17. Living in a Materials World: Materials Science Engineering Professional Development for K-12 Educators

    Energy Technology Data Exchange (ETDEWEB)

    Anne Seifert; Louis Nadelson

    2011-06-01

    Advances in materials science are fundamental to technological developments and have broad societal impacs. For example, a cellular phone is composed of a polymer case, liquid crystal displays, LEDs, silicon chips, Ni-Cd batteries, resistors, capacitors, speakers, microphones all of which have required advances in materials science to be compacted into a phone which is typically smaller than a deck of cards. Like many technological developments, cellular phones have become a ubiquitous part of society, and yet most people know little about the materials science associated with their manufacture. The probable condition of constrained knowledge of materials science was the motivation for developing and offering a 20 hour fourday course called 'Living in a Materials World.' In addition, materials science provides a connection between our every day experiences and the work of scientists and engineers. The course was offered as part of a larger K-12 teacher professional development project and was a component of a week-long summer institute designed specifically for upper elementary and middle school teachers which included 20 hour content strands, and 12 hours of plenary sessions, planning, and collaborative sharing. The focus of the institute was on enhancing teacher content knowledge in STEM, their capacity for teaching using inquiry, their comfort and positive attitudes toward teaching STEM, their knowledge of how people learn, and strategies for integrating STEM throughout the curriculum. In addition to the summer institute the participating teachers were provided with a kit of about $300 worth of materials and equipment to use to implement the content they learned in their classrooms. As part of this professional development project the participants were required to design and implement 5 lesson plans with their students this fall and report on the results, as part of the continuing education course associated with the project. 'Living in a

  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. Object Lessons: Material Culture on the World Wide Web.

    Science.gov (United States)

    Mires, Charlene

    2001-01-01

    Describes the content of a course on material culture for undergraduate students that was separated into two sections: (1) first students read books and analyzed artifacts; and (2) then the class explored the Centennial Exhibition held in Philadelphia (Pennsylvania) in 1876, applying material culture methods and constructing a Web site from their…

  1. HANDS-ON MATERIALS AS INVITATION TO A FANTASY WORLD

    DEFF Research Database (Denmark)

    Ejersbo, Lisser Rye

    In this article I wish to introduce an innovative use of hands-on-materials, developed by Peter Müller, a Danish elementary school teacher. The hands-on material itself consists of a collection of small plastic bears in different colors and sizes, which can be used for many different purposes among...

  2. The Dichotomous Cosmology with a Static Material World and Expanding Luminous World

    Directory of Open Access Journals (Sweden)

    Heymann Y.

    2014-07-01

    Full Text Available The dichotomous cosmology is an alternative to the expanding Universe theory, and consists of a static matter Universe, where cosmological redshifts are explained by a tired-light model with an expanding luminous world. In this model the Hubble constant is also the photon energy decay rate, and the luminous world i s expanding at a constant rate as in de Sitter cosmology for an empty Universe. The present model explains both the luminosity distance versus redshift relationship of supernovae Ia, and ageing of spectra observed with the stretching of supernovae light curves. Furthermore, it is consistent with a radiation energy density factor (1 + z 4 inferred from the Cosmic Microwave Background Radiation.

  3. 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.

  4. Stuff- The Materials that Shape our World - Experimental Learning Opportunities

    Energy Technology Data Exchange (ETDEWEB)

    Rosenstein, Pam

    2012-04-30

    Making Stuff is a four-part series that explores how materials changed history and are shaping the future. To further enhance public engagement in and understanding of materials science, the project convened an extensive network of community coalitions across the country that hosted Making Stuff outreach activities and events, science cafes, and educator workshops in their local areas. Department Of Energy funding enabled us to increase the number of communities formally involved in the project, from 10 to 20 community hubs. Department of Energy funding also made it possible to develop a collection of materials science resources, activities and hands-on demonstrations for use in a variety of formal and informal settings, and Making Stuff activities were presented at science conferences and festivals around the country. The design, printing and national dissemination of the Making Stuff afterschool activity guide were also developed with DOE funding, as well as professional webinar trainings for scientists and educators to help facilitate many of the community activities and other online and print materials. Thanks to additional funding from the Department of Energy, we were able to expand the reach and scope of the project's outreach plan, specifically in the areas of: 1) content development, 2) training/professional development, 3) educational activities and 4) community partnerships. This report documents how the following DOE project goals were met: (1) Train scientists and provide teachers and informal educators with resources to engage youth with age appropriate information about materials science; (2) Provide activities and resources to five selected communities with ties to DOE researchers; (3) Increase interest in STEM.

  5. 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

  6. 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....

  7. 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…

  8. Shutdown of biogas plant by court ruling; Runterfahren

    Energy Technology Data Exchange (ETDEWEB)

    Bensmann, Martin; May, Hanne

    2009-04-15

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

  9. 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...

  10. Materials in world perspective. Assessment of resources, technologies and trends for key materials industries

    Energy Technology Data Exchange (ETDEWEB)

    Altenpohl, D G

    1980-01-01

    This book deals with the entire materials cycle - from extraction or harvesting to processing, manufacture, use, and reuse or disposal. It covers the present status and ongoing developments in six key materials industries in both industrialized and developing countries. Techno-economics trends, which are recognizable today, as well as important changes taking place from the mine through the refining stage on to finished products, are outlined. The 'problem triangle' of the materials industry - basic or raw materials, ecology and energy - is discussed. Of specific importance are the impacts which a given material or technology can have on the environment. Methods of assessing these impacts, which should be integrated into overall technology planning by the materials industry, are described. This book discusses resources, industry's social responsibilities and limits-to-growth. An explanation is given for opposing views on constraints and growth, not only for the materials industry, but also for the automotive and packaging industries. Thus, this book spotlights the interaction between different fields of technology and their interrelationship with and between different regions on Earth.

  11. Fissile materials and international security in the post-Cold War world

    International Nuclear Information System (INIS)

    Anon.

    1996-01-01

    It is essential that members of industry, government and international organizations be able to come together to discuss the latest developments in this vital field at events such as this. Given the number of years this organization has devoted to the issue, the INMM must find it interesting that the control of fissile materials has become such a high-profile issue in the policy and political communities. But, this evolution in policy is a natural outgrowth of the changing world situation. While just 10 years ago the US and Soviet Union were churning out the fissile materials needed for weapons, today these former rivals are working together, hand in hand, to corral the danger posed by these materials. And, while it is clear that the world no longer lives on the edge of nuclear war, the nuclear danger still exists, though in a less obvious and perhaps more insidious form. It is a great challenge in this post-Cold War world to contain this nuclear threat. It is prudent and necessary for the US to be in the forefront of efforts to address and tame this problem. The fundamental threat posed by the proliferation of nuclear weapons and materials is a direct challenge to US and world security. President Clinton has clearly recognized the changed nature of the nuclear danger. To meet this challenge, he has labored to put in place a comprehensive and integrated plan for addressing this threat. The US Department of Energy has a unique role in this effort because, as an institution with many decades of experience in fissile material matters, it is able to provide expertise and technical analyses that are essential in defining and implementing policy prescriptions. The president's comprehensive plan to prevent nuclear proliferation and reduce the danger posed by weapons-usable nuclear materials has four essential elements: secure existing nuclear material stockpiles; limit fissile material production and use, eliminate warheads, and strengthen the nonproliferation regime

  12. 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…

  13. Accuracy and speed of material categorization in real-world images

    Science.gov (United States)

    Sharan, Lavanya; Rosenholtz, Ruth; Adelson, Edward H.

    2014-01-01

    It is easy to visually distinguish a ceramic knife from one made of steel, a leather jacket from one made of denim, and a plush toy from one made of plastic. Most studies of material appearance have focused on the estimation of specific material properties such as albedo or surface gloss, and as a consequence, almost nothing is known about how we recognize material categories like leather or plastic. We have studied judgments of high-level material categories with a diverse set of real-world photographs, and we have shown (Sharan, 2009) that observers can categorize materials reliably and quickly. Performance on our tasks cannot be explained by simple differences in color, surface shape, or texture. Nor can the results be explained by observers merely performing shape-based object recognition. Rather, we argue that fast and accurate material categorization is a distinct, basic ability of the visual system. PMID:25122216

  14. Accuracy and speed of material categorization in real-world images.

    Science.gov (United States)

    Sharan, Lavanya; Rosenholtz, Ruth; Adelson, Edward H

    2014-08-13

    It is easy to visually distinguish a ceramic knife from one made of steel, a leather jacket from one made of denim, and a plush toy from one made of plastic. Most studies of material appearance have focused on the estimation of specific material properties such as albedo or surface gloss, and as a consequence, almost nothing is known about how we recognize material categories like leather or plastic. We have studied judgments of high-level material categories with a diverse set of real-world photographs, and we have shown (Sharan, 2009) that observers can categorize materials reliably and quickly. Performance on our tasks cannot be explained by simple differences in color, surface shape, or texture. Nor can the results be explained by observers merely performing shape-based object recognition. Rather, we argue that fast and accurate material categorization is a distinct, basic ability of the visual system. © 2014 ARVO.

  15. 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…

  16. Fissile material and international security in the post-Cold War world

    International Nuclear Information System (INIS)

    Luongo, K.N.

    1995-01-01

    Given the number of years this organization has devoted to the issue, the INMM must find it quite interesting that the control of fissile materials has become such a high profile issue in the policy and political communities. But, this evolution in policy is a natural outgrowth of the changing world situation. While just ten years ago the United States and the Soviet Union were churning out the fissile materials needed for weapons, today these former rivals are working together, hand in hand, to corral the danger posed by these materials. And, while it is clear that the world no longer lives on the edge of nuclear war, the nuclear danger still exists, though in a less obvious and perhaps more insidious form. It is a great challenge in this post Cold War-world to contain this nuclear threat. It is prudent and necessary for the United States to be in the forefront of efforts to address and tame this problem. The fundamental threat posed by the proliferation of nuclear weapons and materials is a direct challenge to US and world security. President Clinton has clearly recognized the changed nature of the nuclear danger. To meet this challenge, he also labored to put in place a comprehensive and integrated plan for addressing this threat. The Department of Energy has a unique role in this effort because, as an institution with man decades of experience in fissile material matters, it is able to provide expertise and technical analyses which are essential in defining and implementing policy prescriptions. The President's comprehensive plan to prevent nuclear proliferation and reduce the danger posed by weapons-usable nuclear materials has four essential elements: (1) secure existing stockpiles; (2) limit production and use; (3) eliminate warheads; and (4) strengthen the nonproliferation regime

  17. The readability of pediatric patient education materials on the World Wide Web.

    Science.gov (United States)

    D'Alessandro, D M; Kingsley, P; Johnson-West, J

    2001-07-01

    Literacy is a national and international problem. Studies have shown the readability of adult and pediatric patient education materials to be too high for average adults. Materials should be written at the 8th-grade level or lower. To determine the general readability of pediatric patient education materials designed for adults on the World Wide Web (WWW). GeneralPediatrics.com (http://www.generalpediatrics.com) is a digital library serving the medical information needs of pediatric health care providers, patients, and families. Documents from 100 different authoritative Web sites designed for laypersons were evaluated using a built-in computer software readability formula (Flesch Reading Ease and Flesch-Kincaid reading levels) and hand calculation methods (Fry Formula and SMOG methods). Analysis of variance and paired t tests determined significance. Eighty-nine documents constituted the final sample; they covered a wide spectrum of pediatric topics. The overall Flesch Reading Ease score was 57.0. The overall mean Fry Formula was 12.0 (12th grade, 0 months of schooling) and SMOG was 12.2. The overall Flesch-Kincaid grade level was significantly lower (Peducation materials on the WWW are not written at an appropriate reading level for the average adult. We propose that a practical reading level and how it was determined be included on all patient education materials on the WWW for general guidance in material selection. We discuss suggestions for improved readability of patient education materials.

  18. 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.

  19. 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.

  20. Identifying World Views Projected by Science Teaching Materials: A Case Study Using Pepper's WORLD HYPOTHESES to Analyze a Biology Textbook.

    Science.gov (United States)

    Kilbourn, Brent

    The purpose of this study is to develop and demonstrate the use of a conceptual framework for assessing the potential of "world view" as a concept for understanding important issues in science education. The framework is based on Stephen C. Pepper's treatment of six world hypotheses (animism, mysticism, formism, mechansim, contextualism, and…

  1. The ultimate constituents of the material world. In search of an ontology for fundamental physics

    Energy Technology Data Exchange (ETDEWEB)

    Kuhlmann, Meinard

    2010-07-01

    Today, quantum field theory (QFT) - the mathematical and conceptual framework for contemporary elementary particle physics - is the best starting point for analysing the fundamental building blocks of the material world. QFT if taken seriously in its metaphysical implications yields a picture of the world that is at variance with central classical conceptions. The core of Kuhlmann's investigation consists in the analysis of various ontological interpretations of QFT, e.g. substance ontologies as well as a process-ontological approach. Eventually, Kuhlmann proposes a dispositional trope ontology, according to which particularized properties and not things are the most basic entities, in terms of which all other entities are to be analysed, e.g as bundles of properties. This book was chosen for the 2009 ontos-Award for research on analytical ontology and metaphysics by the German Society for Analytical Philosophy. (orig.)

  2. The ultimate constituents of the material world. In search of an ontology for fundamental physics

    International Nuclear Information System (INIS)

    Kuhlmann, Meinard

    2010-01-01

    Today, quantum field theory (QFT) - the mathematical and conceptual framework for contemporary elementary particle physics - is the best starting point for analysing the fundamental building blocks of the material world. QFT if taken seriously in its metaphysical implications yields a picture of the world that is at variance with central classical conceptions. The core of Kuhlmann's investigation consists in the analysis of various ontological interpretations of QFT, e.g. substance ontologies as well as a process-ontological approach. Eventually, Kuhlmann proposes a dispositional trope ontology, according to which particularized properties and not things are the most basic entities, in terms of which all other entities are to be analysed, e.g as bundles of properties. This book was chosen for the 2009 ontos-Award for research on analytical ontology and metaphysics by the German Society for Analytical Philosophy. (orig.)

  3. World-wide risk assessment of the transportation of radioactive materials

    International Nuclear Information System (INIS)

    Ericsson, A.M.; Elert, M.

    1983-01-01

    The aim of the project reported in this paper is to develop the means and methods for a risk analysis of the transportation of radioactive materials throughout the world. The project was initiated by the Standing Advisory Group on the Safe Transport of Radioactive Materials (SAGSTRAM) of the IAEA. In 1979 the Swedish Nuclear Power Inspectorate and the IAEA signed an agreement on the development of a model for calculation of the transport risk. Member States of the IAEA are invited to use the model for a risk assessment of the transportation of radioactive materials in their own country. These assessments will be collected and analyzed and a world-wide risk assessment performed. The IAEA has the overall responsibility for the project and administers it. Sweden manages the project and has performed the applied research with the assistance of research support groups which have supplied data and analyses and performed some other parts of the project. An Oversight Committee with participants from eight Member States has reviewed the progress and has given valuable recommendations. It was important that the model had the sophistication and flexibility required for its use by all Member States but still was easy to handle. The risk calculations are performed by the computer code INTERTRAN which is based on the American computer code RADTRAN II developed by Sandia National Laboratories, Albuquerque, NM. The methodology of the RADTRAN II as well as data and format of the input and output was changed to make the code more internationally oriented. 2 references

  4. Trial by Jury in Russian Military Courts

    Directory of Open Access Journals (Sweden)

    Nikolai P. Kovalev

    2008-07-01

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

  5. Attacks on the Courts.

    Science.gov (United States)

    Starr, Isidore

    1984-01-01

    Legal education should be included in any U.S. history course. Constitutional questions raised by wars--Civil War, World War I, World War II, Korea, and Vietnam--are examined. Through all these crises the Constitution survived. (RM)

  6. 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…

  7. 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...

  8. 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.

  9. 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...

  10. When material world speaks. Slovenian festive food and Slovenians in Serbia

    Directory of Open Access Journals (Sweden)

    Godina-Golija Maja

    2016-01-01

    Full Text Available This paper draws on material collected during this author’s fieldwork research in Belgrade, Novi Sad and Ruma in 2008, 2012 and 2015. Obtained by various research methods, particularly the narrative interview, observation methods, and the questionnaire, the data provides an insight into the Slovene immigrant community in Serbia and the importance of Slovene food elements for members of this community and for the community as a whole. Although primarily an element of the material world, food also plays an important role within the context of a different cultural or social milieu. Some elements of food culture, particularly certain dishes, spices, and food preparation techniques, are especially important in the creation and preservation of ethnic identity of immigrant communities and of individual identities of their members. Among the Slovenes living in Serbia, this prominent position is occupied primarily by Slovene festive dishes, which are prepared for all major family celebrations and events. Food and especially festive dishes not only symbolizes the social ties and the division but actively participates in their creation and rebirth. Having become a symbol of ethnic affiliation of Slovenes living outside Slovenia, such food serves to materialize their ethnic identity.

  11. Charitable activities in Tsaritsyn during the World War I (on materials of periodicals

    Directory of Open Access Journals (Sweden)

    Oksana A. Karagodina

    2016-03-01

    Full Text Available The main purpose of the article is to identify the charitable activities carried out in the city of Tsaritsyn during the World War I. As a method of research used analysis of materials of pre-revolutionary periodicals published in the city in time of war. The main source of analysis is the issues of the newspaper «Tsaritsyno Bulletin» for the period from July 1914 to February 1917. The analysis allowed to identify the most priority directions of charitable aid, carried out in Tsaritsyn in the war. Also, the article discusses the activities of public organizations and associations, involved in the provision of charitable assistance to the sick and wounded soldiers, their wives and children, refugees. In particular, the reports of the Ladies' Committee of Tsaritsyn and the Tsaritsyn branch of the Russian Red Cross Society are analyzed and the features of the activity of these organizations are revealed.

  12. Extreme poverty and affluence, the two sides of our world. Energy, raw materials, environment

    Energy Technology Data Exchange (ETDEWEB)

    Bischoff, G

    1987-07-01

    The author discusses the different economic situtions in the industrialized and in the developing parts of the world, and the resulting fears of the populations. These feelings of fear and apprehension are traced back to their manifold causes, discussing among others unsecure raw material supply and the damage to the environment, hostile attitudes towards industrial exploitation or technical sciences, the role of the press and other media in the 'making' of fear of life, the fear of becoming slave of the machines. The problems' solution lies in the supply and utilisation of energy, and any efforts towards maintaining our natural environment so that life may go on will have to be based, the author says, on the technological development from nuclear power to thermonuclear fusion. (HSCH).

  13. R'07 World Congress - Recovery of materials and energy for resource efficiency

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2007-07-01

    This final congress report summarises the topics dealt with at the R'07 World Congress on the recovery of materials and energy for resource efficiency. The congress was held in 2007 in Davos, Switzerland. Details on the organisation and participants are given and the experts who held plenary lectures are listed. Brief details are given on oral and poster sessions, along with details on how the proceedings of the congress can be obtained. Workshops held at the conference covered the following topics: Plastics recycling, biofuels and E-waste, workshops on zero wastes, scarce metals and the identification and management of social implications over the product life cycle (footprint). An Internet-address where the results of the sessions can be obtained is given along with a summary of excursions and social events held within the framework of the congress. Finally, participant feedback is presented in graphical form.

  14. 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

  15. Two Important Supreme Court Decisions Extending Gay Rights and Their Significance

    DEFF Research Database (Denmark)

    Ashbee, Edward

    2013-01-01

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

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

    Science.gov (United States)

    2012-04-21

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

  17. 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.

  18. The materials flow of mercury in the economies of the United States and the world

    Science.gov (United States)

    Sznopek, John L.; Goonan, Thomas G.

    2000-01-01

    Although natural sources of mercury exist in the environment, measured data and modeling results indicate that the amount of mercury released into the biosphere has increased since the beginning of the industrial age. Mercury is naturally distributed in the air, water, and soil in minute amounts, and can be mobile within and between these media. Because of these properties and the subsequent impacts on human health, mercury was selected for an initial materials flow study, focusing on the United States in 1990. This study was initiated to provide a current domestic and international analysis. As part of an increased emphasis on materials flow, this report researched changes and identified the associated trends in mercury flows; it also updates statistics through 1996. In addition to domestic flows, the report includes an international section, because all primary mercury-producing mines are currently foreign, 86 percent of the mercury cell sector of the worldwide chlor-alkali industry is outside the United States, there is a large international mercury trade (1,395 t 1 in 1996), and environmental regulations are not uniform or similarly enforced from country to country. Environmental concerns have brought about numerous regulations that have dramatically decreased both the use and the production of mercury since the late 1980?s. Our study indicates that this trend is likely to continue into the future, as the world eliminates the large mercury inventories that have been stockpiled to support prior industrial processes and products.

  19. 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.

  20. 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.

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

    Directory of Open Access Journals (Sweden)

    Miguel Ángel Cepillo Galvín

    2009-12-01

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

  3. Living in a material world: Development and evaluation of a new materials science course for non-science majors

    Science.gov (United States)

    Brust, Gregory John

    This study was designed to discover if there is a difference in the scientific attitudes and process skills between a group of students who were instructed with Living in a Material World and groups of students in non-science majors sections of introductory biology, chemistry, and geology courses at the University of Southern Mississippi (USM). Each of the four courses utilized different instructional techniques. Students' scientific attitudes were measured with the Scientific Attitudes Inventory (SAI II) and their knowledge of science process skills were measured with the Test of Integrated Process Skills (TIPS II). The Group Assessment of Logical Thinking (GALT) was also administered to determine if the cognitive levels of students are comparable. A series of four questionnaires called Qualitative Course Assessments (QCA) were also administered to students in the experimental course to evaluate subtle changes in their understanding of the nature and processes of science and attitudes towards science. Student responses to the QCA questionnaires were triangulated with results of the qualitative instruments, and students' work on the final project. Results of the GALT found a significant difference in the cognitive levels of students in the experimental course (PSC 190) and in one of the control group, the introductory biology (BSC 107). Results of the SAI II and the TIPS II found no significant difference between the experimental group and the control groups. Qualitative analyses of students' responses to selected questions from the TIPS II, selected items on the SAI II, QCA questionnaires, and Materials that Fly project reports demonstrate an improvement in the understanding of the nature and processes of science and a change to positive attitude toward science of students in the experimental group. Students indicated that hands-on, inquiry-based labs and performance assessment were the most effective methods for their learning. These results indicate that science

  4. 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…

  5. 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...

  6. 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.

  7. 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.

  8. Personal Storytelling and Narrative as a Means for Climate Scientists to Engage and Inform Public Audiences - Illustrated by the Play '2071 - The World We'll Leave Our Grandchildren' Comissioned by the Royal Court Theatre, London and the Deutsches Schauspielhaus, Hamburg

    Science.gov (United States)

    Rapley, C. G.

    2015-12-01

    In order to engage greater public interest in science it is necessary to move beyond the traditional academic "information deficit" mode of communication, with its emphasis on the delivery and explantion of 'facts'. This is especially the case for topics such as climate science, which have the potential to provoke strong conscious or unconscious emotional and ideological audience reactions. The use of personalised narrative and storytelling offers a means to draw in non-experts in a way that overcomes barriers of disinterest or prejudice. The talk will address the role of climate scientists in communicating within the public square, and will use the play '2071 - The World We'll Leave Our Grandchildren" as an example of how theatre can provide an effective means of communicating complex and provocative knowledge and understanding. The play was commissioned by the Royal Court Theatre, London and the Deutshes Schauspielhaus, Hamburg. It received positive reviews and sold out at the London venue.

  9. Medical Aid for Russian Soldiers During the First World War (on the Materials of Tsaritsyn

    Directory of Open Access Journals (Sweden)

    Lepkova Elena

    2014-11-01

    hospitals, financed “personal beds” in infirmaries, carried out charitable evenings and “passing the hat”. The article is written on the basis of archival materials which described the Tsaritsyn hospitals, the wounded and captives of the First World War.

  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. 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.

  12. Pykrete is the frozen composite material of the World War II

    Directory of Open Access Journals (Sweden)

    O. V. Kovalev

    2016-01-01

    Full Text Available During the war, government of the allies considered the construction of ice structures converted from artificial icebergs into aircraft carriers. The idea to use ice for construction of floating aerodromes, or giant aircraft carriers, was launched by Geoffrey Pyke, and then was developed in a project called «Habbakuk». Aircraft carriers, made of ice, had to work for a long period of time at temperatures of water and air, resulting in rapid destruction of the structure of ordinary ice. The ice in its pure form is unsuitable for any engineering form therefore the experiments on reinforcement of ice were undertaken. New form of ice engineering was based on the type of reinforcement patterns of ice and coating it with an insulating material, which would greatly reduce the influence of melting due to the temperature of the ambient air. After tests with different substances and proportions, it was found that the mixture of ice with wood pulp, amounting to about 14%, gives the best result of reinforcement. Proposed dimensions of «Habbakuk» were 610 m (2000 ft long, 90 m (300 feet in width and a height of 60 m (200 ft. In 1943, on the surface of the lake Patricia a reduced model to test the viability of the project was constructed. Development of improved long-range aviation, the airbase in Iceland and other technological advances contributed to the successful elimination of the threat from submarines, so the project had been suspended. The technology of strong ice structures invented during the World War II time can still have practical applications today.

  13. 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....

  14. 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.

  15. 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

  16. Nuclear materials control technology in the post-cold war world: Radiation-based methods and information management systems

    International Nuclear Information System (INIS)

    Tape, J.W.; Eccleston, G.W.; Ensslin, N.; Markin, J.T.

    1993-01-01

    The end of the cold war is providing both opportunities and requirements for improving the control of nuclear materials around the world. The dismantlement of nuclear weapons and the growth of nuclear power, including the use of plutonium in light water reactors and breeder reactor programs, coupled with enhanced proliferation concerns, drive the need for improved nuclear materials control. We describe nuclear materials control and the role of technology in making controls more effective and efficient. The current use and anticipated development in selected radiation-based methods and related information management systems am described briefly

  17. Juvenile Courts. Creation and development

    Directory of Open Access Journals (Sweden)

    Montserrat GONZÁLEZ FERNÁNDEZ

    2013-11-01

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

  18. The Camera Comes to Court.

    Science.gov (United States)

    Floren, Leola

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

  19. Results with Open Court Reading.

    Science.gov (United States)

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

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

  20. Freer markets, more court rulings?

    NARCIS (Netherlands)

    Hildebrand, Y.

    2010-01-01

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

  1. 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.

  2. Pragmatics in Court Interpreting: Additions

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2003-01-01

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

  3. Intercultural pragmatics and court interpreting

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2008-01-01

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

  4. 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

  5. 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

  6. 84 The Third World Option in a Globalized Building Materials Market ...

    African Journals Online (AJOL)

    Choice-Academy

    Globalization has been described as a world phenomenon that provides a level ground for competitive ..... and the political class are held socially and .... enhance levels of occupants' comfort, safety ... well advanced in manufacturing industry.

  7. 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....

  8. 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)

  9. 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…

  10. 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.

  11. 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.

  12. 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...

  13. 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...

  14. Criminal Courts of Justice, Dublin

    Directory of Open Access Journals (Sweden)

    Jonathan Tooth

    2012-04-01

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

  15. Nuclear fuel tax in court

    International Nuclear Information System (INIS)

    Leidinger, Tobias

    2014-01-01

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

  16. World Literature - World Culture

    DEFF Research Database (Denmark)

    Offering their own twenty-first-century perspectives - across generations, nationalities and disciplines -, the contributors to this anthology explore the idea of world literature for what it may add of new connections and itineraries to the study of literature and culture today. Covering a vast...... historical material these essays, by a diverse group of scholars, examine the pioneers of world literature and the roles played by translation, migration and literary institutions in the circulation and reception of both national and cosmopolitan literatures....

  17. ECHR and national constitutional courts

    OpenAIRE

    Nastić, Maja

    2015-01-01

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

  18. Radiation processing of organics and biological materials exposed to ocean world surface conditions.

    Science.gov (United States)

    Hand, K. P.; Carlson, R. W.

    2017-12-01

    Assessing the habitability of ocean worlds, such as Europa and Enceladus, motivates a search for endogenous carbon compounds that could be indicative of a habitable, or even inhabited, subsurface liquid water environment. We have examined the role of destruction and synthesis of organic compounds via 10 keV electron bombardment of ices generated under temperature and pressure conditions comparable to Europa and Enceladus. Short-chain organics and ammonia, in combination with water, were exposed to Mrad to Grad doses and observed to evolve to a `lost' carbon fraction (CO and CO2) and a `retained' carbon fraction (consisting of a highly refractory `ocean world tholin' populated by highly radiation resistant carbonyl, aldehyde, and nitrile components). The retained fraction is of key importance as this likely represents the observable fraction for future spacecraft investigations. We also irradiated microbial spores (B. pumilis) to approximately 2 Grad and have found persistence of biomolecule fractions derived from proteins and nucleic acids.

  19. 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...

  20. To Encounter, to Build the World and to Become a Human Being. Advocating for a Material-Cultural Turn in Developmental Psychology.

    Science.gov (United States)

    Moro, Christiane

    2016-12-01

    Why have material world of daily life and material objects in their conventional features or to say it in other words, why have the mundane world and mundane objects, in which the human beings live and children come to, encounter, experience and develop through, received so little attention from psychologists thus remaining a blind spot in mainstream developmental psychology? Certainly the object has not been totally forgotten (e.g. Piaget's constructivist paradigm) but it has been considered as theoretically determined by the categories of understanding (cf. Kant), and considered as a key to understanding the world in its physical properties by the infant. But the material world and the material objects that are used for everyday purposes (i.e. pragmatically) belonging to material culture, have been totally neglected by developmental psychologists. Reacting to the Kantian agenda of developmental psychology but also to heterodox non developmentalist thinkers such as Gibson who is a growing source of inspiration for developmental psychologists today, we challenge the taken-for-granted mundane world, arguing for the importance of material objects related to material culture in psychological development during the prelinguistic period. On the basis of recent research in early development grounded in the Vygotskian paradigm, we discuss this issue through Marxist Anthropology, Material Culture Studies and Phenomenology. As a consequence we advocate for a material-cultural turn in psychological development in order to place the issue of material world and material objects in their pragmatic and semiotic features on the agenda of developmental psychology.

  1. Big brains, small worlds: material culture and the evolution of the mind.

    Science.gov (United States)

    Coward, Fiona; Gamble, Clive

    2008-06-12

    New developments in neuroimaging have demonstrated that the basic capacities underpinning human social skills are shared by our closest extant primate relatives. The challenge for archaeologists is to explain how complex human societies evolved from this shared pattern of face-to-face social interaction. We argue that a key process was the gradual incorporation of material culture into social networks over the course of hominin evolution. Here we use three long-term processes in hominin evolution-encephalization, the global human diaspora and sedentism/agriculture-to illustrate how the cultural transmission of material culture allowed the 'scaling up' of face-to-face social interactions to the global societies known today. We conclude that future research by neuroimagers and archaeologists will need to investigate the cognitive mechanisms behind human engagement with material culture as well as other persons.

  2. Binary Opposition Sociolinguistic Picture of the World (on the Material of Modern English Language

    Directory of Open Access Journals (Sweden)

    Natalia B. Boyeva-Omelechko

    2017-03-01

    Full Text Available The article is topical due to the interest of scientists to the problems of interaction of society and language and the role of language in constructing and reconstructing political reality. The authors of the article introduce the notion of the sociolinguistic picture of the world. This picture reflects different aspects of the phenomenon «society» with the help of words which may be called «sociolinguisms». The words in question cover such spheres of society as economical, social, political and spiritual ones. The authors put forward the idea that binary oppositions are typical of the sociolinguistic picture of the world because social phenomena usually contain interdependent and at the same time mutually excluding each other sides which are revealed by the conscience and reflecteded in the language. Unfortunately only some of these oppositions are represented in the dictionaries of synonyms and antonyms. The authors stress that their range is much wider and can be described on the basis of different types of general and explanatory dictionaries with the help of linguistic methods of investigation. Special attention is paid to national peculiarities and axiological properties of antonyms-sociolinguisms.

  3. 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...

  4. World Materials Summit (3rd). Held in Washington, DC on 9-12 October, 2011

    Science.gov (United States)

    2012-05-23

    creates bumps on the backplane of a thin monocrystalline silicon solar cell. This increases the efficiency through a light trapping mechanism. They are...atoms in motion," Brinkman said. The third and fourth days of the Summit were occupied with panel sessions, each discussing one aspect of materials...lighting; energy fuels; water; renewables; and policy and education. Some highlights of the panel reports to the Summit as a whole: • The smart

  5. INTERTRAN - A model for world-wide risk assessment of the transportation of radioactive materials

    International Nuclear Information System (INIS)

    Ericsson, A.-M.; Elert, M.

    1982-09-01

    The US computer code RADTRAN forms the basis of INTERTRAN. The code calculates the radiological impact from incident-free transports and vehicular accidents involving radioactive materials. A run with the INTERTRAN code requires a large amount of input data. To simplify for the user default values are provided for a lot of the input data. An interactive program which produces an input data file is provided together with the code. The paper presents a complete manual for the applications. (G.B.)

  6. 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.

  7. 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.

  8. Material consumption and social well-being within the periphery of the world economy: an ecological analysis of maternal mortality.

    Science.gov (United States)

    Rice, James

    2008-12-01

    The degree to which social well-being is predicated upon levels of material consumption remains under-examined from a large-N, quantitative perspective. The present study analyzes the factors influencing levels of maternal mortality in 2005 among 92 peripheral countries. We incorporate into regression analysis the ecological footprint, a comprehensive measure of natural resource consumption, and alternative explanatory variables drawn from previous research. Results illustrate ecological footprint consumption has a moderately strong direct influence shaping lower levels of maternal mortality. Path analysis reveals export commodity concentration has a negative effect on level of ecological footprint demand net the strong positive influence of income per capita. This illustrates cross-national trade dependency relations directly influence natural resource consumption opportunities and thereby indirectly contribute to higher maternal mortality levels within the periphery of the world economy. The results confirm material consumption is an important dimension of improvement in maternal mortality.

  9. National constitutional courts in the European Constitutional Democracy

    DEFF Research Database (Denmark)

    Komárek, Jan

    2014-01-01

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

  10. Determination of yield related traits of sesame genotypes selected from world collection and mutant material

    International Nuclear Information System (INIS)

    Silme, R. S.; Cagirgan, M. I.

    2009-01-01

    Sesame (Sesamum indicum L.) is an important plant of Turkey that secondary gen center and very used of food industry's a lot of area. Mutation breeding of sesame research continued coordinately with IAEA since 1993. it is aimed in these breeding programmes to improve lines that have dehiscent capsule, determinate growth and resistance to wilting traits. This study was conducted in Antalya City, at Akdeniz University Agricultural Faculty experiment fields under second crop conditions in 2007. At this study, 19 genotypes selected from world sesame collection, 4 mutant genotypes and 2 local cultivars were sown. The experiments were conducted according to Complete Randomized Block Design with three replications. It was found that first flowering date varied between 35 to 45 days, 50% flowering date from 39 to 54 days, last flowering date from 63 to 88 days, first capsule date from 42 to 51 days, first capsule height from 44 to 116 cm, plant height from 102 to 177 cm, number of branch per plant from 0.1 to 2.7, number of pod per plant from 28 to 63, number of seeds in capsule 2.3-4.3 g, 1000 seed weight ranged from 2.3 to 4.3 g, seed yield per da from 18 to 77 kg. The highest yield per da (77 kg/da) was obtained from mutant genotype, wt-5.

  11. Laboratory investigations of insecticide impregnated materials for the control of New World screwworm flies

    International Nuclear Information System (INIS)

    Harris, E.G.; Brown, M.; Smith, S.

    1992-01-01

    In laboratory tests, New World screwworm flies were found to be at least three orders of magnitude less susceptible to the insecticides deltamethrin, alphacypermethrin and cyfluthrin than are tsetse flies. Deltamethrin was the most toxic of the three insecticides to screwworm flies. For topical application, the LD50s for deltamethrin 20% suspension concentrate were 33 ng and 25 ng for male and female screwworm flies respectively, compared with 0.04 ng for tsetse, G.m. morsitans. In various tests simulating contact of screwworm flies with cloth or netting targets impregnated with insecticide, 100% kill was only achieved with 3.2% deltamethrin and contact times of at least 10 sec, although 100% knockdown for up to 24 hours was obtained with lower concentrations. No repellent effect was observed at the higher concentrations. Cloth targets impregnated with a high dose of insecticide and baited with an attractant could be effective against NWS flies, especially if after ''knockdown'' flies are removed by predators. 1 fig., 9 tabs

  12. 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...

  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. Making the Self in a Material World: Food and Moralities of Consumption

    Directory of Open Access Journals (Sweden)

    Isabelle de Solier

    2013-02-01

    Full Text Available Food is increasingly central to consumer culture today. From fine dining restaurants to farmers’ markets, stainless steel kitchenware to celebrity chef cookbooks, there is a stylish array of culinary commodities available for fashioning our identities. Yet this occurs at a time when commodity consumption more generally is under greater question as a site of self-making, with the rise of anti-consumerist sentiment. This article examines how people negotiate these issues in their identity formation, by focusing on those for whom food is central to their sense of self: ‘foodies’. I draw on theories of consumption, identity and material culture, in particular the work of Daniel Miller, to examine ethnographic research undertaken with foodies in Melbourne, Australia.

  15. “Experience World War II like never before!” : A systematic content analysis of promotional materials surrounding World War II-themed digital games.

    NARCIS (Netherlands)

    Van den Heede, Pieter; Ribbens, Kees; Jeroen, Jansz

    2016-01-01

    Especially since the 1990s, World War II has been one of the most popular historical conflicts to be represented and simulated in digital games (Mobygames, 2016). Yet, in the current body of research about these games, mainly aspects of individual games or game types, such as the World War II-themed

  16. 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…

  17. 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...

  18. 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…

  19. 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 ...

  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. 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...

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

    Science.gov (United States)

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

    2002-01-01

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

  3. Ultrathin high band gap solar cells with improved efficiencies from the world's oldest photovoltaic material.

    Science.gov (United States)

    Todorov, Teodor K; Singh, Saurabh; Bishop, Douglas M; Gunawan, Oki; Lee, Yun Seog; Gershon, Talia S; Brew, Kevin W; Antunez, Priscilla D; Haight, Richard

    2017-09-25

    Selenium was used in the first solid state solar cell in 1883 and gave early insights into the photoelectric effect that inspired Einstein's Nobel Prize work; however, the latest efficiency milestone of 5.0% was more than 30 years ago. The recent surge of interest towards high-band gap absorbers for tandem applications led us to reconsider this attractive 1.95 eV material. Here, we show completely redesigned selenium devices with improved back and front interfaces optimized through combinatorial studies and demonstrate record open-circuit voltage (V OC ) of 970 mV and efficiency of 6.5% under 1 Sun. In addition, Se devices are air-stable, non-toxic, and extremely simple to fabricate. The absorber layer is only 100 nm thick, and can be processed at 200 ˚C, allowing temperature compatibility with most bottom substrates or sub-cells. We analyze device limitations and find significant potential for further improvement making selenium an attractive high-band-gap absorber for multi-junction device applications.Wide band gap semiconductors are important for the development of tandem photovoltaics. By introducing buffer layers at the front and rear side of solar cells based on selenium; Todorov et al., reduce interface recombination losses to achieve photoconversion efficiencies of 6.5%.

  4. 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

  5. Pursuing transparency through science courts

    Energy Technology Data Exchange (ETDEWEB)

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

    1999-12-01

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

  6. Pursuing transparency through science courts

    International Nuclear Information System (INIS)

    Field, Thomas G. Jr.

    1999-01-01

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

  7. Pursuing transparency through science courts

    Energy Technology Data Exchange (ETDEWEB)

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

    1999-12-01

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

  8. 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...

  9. Book review. Ann-Hege Lorvik Waterhouse: In the material world: Perspectives and practices in kindergarten art activities

    Directory of Open Access Journals (Sweden)

    Nina Scott Frisch

    2013-12-01

    Full Text Available In the review of Ann-Hege Lorvik Waterhouse’s book I materialenes verden; perspektiver og praksiser i barnehagens kunstneriske virksomhet (In the material world: Perspectives and practices in kindergarten art activities,  Frisch states that despite the fact that the author is in some ways critical of the impact Reggio Emilia has had on Norwegian kindergartens, in her opinion, the book's content rests on the shoulders of the exploratory child-centred educational philosophy. The book offers great, relevant images related to new reflective concrete ideas, and it has a beautiful layout. Waterhouse points out her core argument several places in the text: a good kindergarten teacher is a creative kindergarten teacher – and the book reviewer adds, a good kindergarten teacher is a reading, reflecting kindergarten teacher.

  10. Did Raw Material Shortages Decide World War Two? New Data for the Example of Nazi Rubber Supplies

    Directory of Open Access Journals (Sweden)

    Paul Ferdinand Schmelzing

    2017-06-01

    Full Text Available Despite a well-established literature on the economics of World War Two, to this day reliable statistics on overall raw material supplies for Nazi Germany are lacking. The operations of shell companies, the special de jure status of occupied areas, and the Wehrmacht practice to “live off the land” have led to a significant underestimation of de facto resource endowments of the Third Reich. For the example of rubber—one of the prime “scarce war commodities”—this article demonstrates the extent and sources of deficiencies, and offers new data. On this basis, and in contrast to recent arguments that view raw materials as a “basic constraint” of the German economy, it is shown that surprisingly comfortable supplies existed between December 1941 and May 1944, during which Nazi-controlled Europe seemed ready to allow a realization of Hitler’s ‘Lebensraum’ designs. The failure to realize those designs originated in military setbacks—which subsequently impacted economic performance as a secondary effect.

  11. Global Patterns of Material Flows and their Socio-Economic and Environmental Implications: A MFA Study on All Countries World-Wide from 1980 to 2009

    Directory of Open Access Journals (Sweden)

    Stefan Giljum

    2014-03-01

    Full Text Available This paper assesses world-wide patterns of material extraction, trade, consumption and productivity based on a new data set for economy-wide material flows, covering used materials for all countries world-wide between 1980 and 2009. We show that global material extraction has grown by more than 90% over the past 30 years and is reaching almost 70 billion tonnes today. Also, trade volumes in physical terms have increased by a factor of 2.5 over the past 30 years, and in 2009, 9.3 billion tonnes of raw materials and products were traded around the globe. China has turned into the biggest consumer of materials world-wide and together with the US, India, Brazil and Russia, consumes more than 50% of all globally extracted materials. We also show that the per-capita consumption levels are very uneven, with a factor of more than 60 between the country with the lowest and highest consumption in 2009. On average, each human being consumed 10 tonnes of materials in 2009, 2 tonnes more than in 1980. We discuss whether decoupling of economies’ growth from resource use has occurred and analyse interrelations of material use with human development. Finally, we elaborate on key environmental problems related to various material groups.

  12. The Reform of the Procedural Religious Court Law Based on Islamic Law in Indonesian Legal System

    Directory of Open Access Journals (Sweden)

    Abdullah Gofar

    2017-07-01

    Full Text Available The history of the development of religious courts and the inner atmosphere struggle of Muslims in Indonesia which faced the state’s political force in the New Order era has brought forth the religious procedural law. Article 54 of The 1989 Law No.7 stated that "the applicable law in the Religious Courts are applicable procedural law in the General Court, except those specifically regulated in this law." Philosophically, the Western law both civil substantive law (Burgerlijke Wetboek and formal law/civil procedure (HIR and Rbg, prepared using the approach of individualism, secular, the optical properties of the nature legal dispute was seen as objects (Zaak which is sheer material. While the substantive law in religious courts is the law derived from Islamic law that stem from philosophical values of Islam. So, the presence of the Religious Courts in the scope of judicial in Indonesia still raises problems, including: Why is the western law of civil procedure which promote the value of materialism and formal correctness adopted into religious procedural law, whereas the philosophical orientation is not aligned with the substantive law based on Islamic law, and what are the efforts to reform the reformulation of procedural law of religious courts.

  13. Congressional Authority Over the Federal Courts

    National Research Council Canada - National Science Library

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

    2005-01-01

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

  14. National New Court Cases Data Collection

    Data.gov (United States)

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

  15. 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...

  16. The material, moral, and affective worlds of dealing and crime among young men entrenched in an inner city drug scene.

    Science.gov (United States)

    Fast, Danya; Shoveller, Jean; Kerr, Thomas

    2017-06-01

    A large body of previous research has elucidated how involvement in drug dealing and crime among marginalized urban youth who use drugs is shaped by the imperatives of addiction and survival in the context of poverty. However, a growing body of research has examined how youth's involvement in these activities is shaped by more expansive desires and moralities. In this paper, we examine the material, moral, and affective worlds of loosely gang affiliated, street level dealing and crime among one group of young men in Vancouver, Canada. Drawing on longitudinal interviews with 44 young men from 2008 to 2016, and ethnographic fieldwork with a group of approximately 15 of those young men over the same time period, we argue that for these youth, dealing and crime were not solely about economic survival, or even the accrual of highly meaningful forms of "street capital" in the margins. Rather, as "regimes of living," dealing and crime also opened up new value systems, moral logics, and affects in relation to the tremendous risks, potential rewards, and crushing boredom of life in the margins. These activities were also understood as a way into deeply desired forms of social spatial belonging in the city, which had previously only been imagined. However, across time dealing and crime "embedded" young men in cycles of incarceration, destitution, addictions, and mental health crises that ultimately reinforced their exclusion-from legal employment, but also within the world of crime. The findings of this study underscore the importance of adopting a life course perspective in order to meaningfully address the harms associated with involvement in dealing and crime among youth in our setting. Copyright © 2017 Elsevier B.V. All rights reserved.

  17. 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 ...

  18. 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

  19. The Future of the International Criminal Court. On Critique, Legalism and Strengthening the ICC's Legitimacy

    NARCIS (Netherlands)

    De Hoon, Marieke

    2017-01-01

    While the International Criminal Court (icc) strives for justice for atrocity crimes throughout the world, increasingly, its legitimacy is undermined: powerful states refuse to join, African states prepare to leave, victims do not feel their needs for justice are met. This article argues that this

  20. 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.

  1. 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.

  2. 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

  3. 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...

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

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

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

  5. A case study comparing children???s motivation using a virtual world,video and print material to learn global citizenship.

    OpenAIRE

    O'Tuathail, Padraic

    2011-01-01

    non-peer-reviewed The last decade has seen an enormous surge in the use of virtual worlds by both adults and children. Educators are keen to discover how this technology can be transferred to the classroom to facilitate effective learning. The aim of this study was to compare children???s motivation with three media components: a virtual world, video and print materials. The intervention involved 27 children in first class in a primary school using components of the Panwapa website over...

  6. 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.

  7. 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.

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

    Science.gov (United States)

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

    2018-01-01

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

  9. 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...

  10. 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.

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

    Directory of Open Access Journals (Sweden)

    Thierry Kirat

    2010-04-01

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

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

    Science.gov (United States)

    Freckelton, Ian

    2013-09-01

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

  13. Myth and Other Norms in World Society

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2016-01-01

    This article uses the Thule Case at the Danish Supreme Court as an example of normativity in world society. Here norms, which may turn out to be important in world society could be myths of several kinds such as 'narrative normativity'. One myth may be that of (exclusive) sovereignty...

  14. 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 ...

  15. The Unified Patent Court (UPC) in Action

    DEFF Research Database (Denmark)

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

    2015-01-01

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

  16. Challenging international criminal tribunals before domestic courts

    NARCIS (Netherlands)

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

    2011-01-01

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

  17. Push Characteristics in Wheelchair Court Sport Sprinting

    NARCIS (Netherlands)

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

    2016-01-01

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

  18. Push characteristics in wheelchair court sport sprinting

    NARCIS (Netherlands)

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

    2016-01-01

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

  19. Swan Song for the Burger Court.

    Science.gov (United States)

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

    1986-01-01

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

  20. Supreme Court Deals Blow to Student Journalists.

    Science.gov (United States)

    Gynn, Ann

    1989-01-01

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

  1. The Courts, Social Science, and School Desegregation.

    Science.gov (United States)

    Levin, Betsy, Ed.; Hawley, Willis D., Ed.

    A conference on the courts, social science, and school desegregation attempted to clarify how social science research has been used and possibly misused in school desegregation litigation. The symposium issue addressed in this book is a product of that conference. First, the judicial evolution of the law of school desegregation from Brown V. the…

  2. The Courts and Student Rights -- Procedural Matters.

    Science.gov (United States)

    Phay, Robert E.

    This paper traces the evolution of student rights and the judicial protection of these rights through numerous court cases. The author outlines the minimum standards of due process required in disciplinary proceedings and discusses cases that point up (1) the required specificity of rules on student conduct, (2) the requirements of notice to…

  3. 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.

  4. 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

  5. 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.

  6. 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)

  7. 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...

  8. 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.

  9. [Cochlear implants in the social courts].

    Science.gov (United States)

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

    2018-02-01

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

  10. 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 ...

  11. 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…

  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. Dispute resolution by Courts and Dispute resolution in court. Partners or rivals?

    Directory of Open Access Journals (Sweden)

    Kristin Hero

    2011-12-01

    Full Text Available This session of the workshop was dedicated to alternative dispute resolutions (ADR, which consists of dispute resolution processes and techniques through which disagreeing parties come to an agreement without having to litigate. Despite historic resistance, over the years ADR has gained widespread acceptance among both the general public and the legal profession. In the discussion there was a specific emphasis on mediation and arbitration. Kathrin Nitschmann, a lawyer and mediator from Saarbruecken, Germany, talked about “Professionalisation in mediation”. In addition to participation aspects she determined both the risks and the perspectives of professionalization in mediation. Luigi Cominelli, Assistant Professor of Sociology of Law at the University of Milan, Italy, reported on “Regulating Mediation in the EU”. He described the history of regulating mediation in the EU as well as domestic regulations since the beginning of modern mediation movement in the western world since the 1970s. Claude Witz, a French civil law professor at the University of Saarland, Germany, referred to “His experience in arbitration.” After highlighting some aspects of his experience, he pointed out the importance of arbitration in international commercial disputes. Alec Stone Sweet, Leitner Professor of Law, Politics, and International Studies, Yale Law School, United States, was reporting on “Arbitration and judicialization.” Initially, he presented arbitration as a triadic dispute resolution and then focused on judizialization in arbitration. Sir David Edward, former Judge of the Court of Justice of the European Communities and Professor Emeritus of the School of Law of the University of Edinburgh, United Kingdom, spoke about “The view of an arbitrator.” While elaborating on multiple reasons for ADR, he honed focus on mediation and arbitration. Finally Heike Jung, Professor Emeritus of Penal Law of the University of the Saarland, Germany

  14. 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.

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

    Directory of Open Access Journals (Sweden)

    О. О. Сидоренко

    2015-11-01

    does not give instructions to the legislator, the abstract does not control the national legislation or judicial practice has no right to order measures with legal consequences. The Court considers only specific complaint in order to establish whether indeed been admitted violation of the Convention. However, the Court has the right to award «just satisfaction claim» in the form of financial compensation for material damage and moral damages and compensation side that won all costs. European Court puts the main purpose of the payment of financial compensation for infringement of the applicant's main task - to draw attention to the fact of violation of the relevant articles of the Convention and provide the applicant all remedies, where he was denied a national legal system

  16. "We want the world and we want it now": Materialism, time perspectives and problem spending tendency of Chinese.

    Science.gov (United States)

    Ku, Lisbeth; Wu, Anise M S; Lao, Angie K P; Lam, Kerwin I N

    2016-10-06

    Chinese consumers' spending has been expanding rapidly in the past decade, and along with it household and credit card debt. The present research collected evidence to triangulate the contention that materialism is positively related with Chinese's problem spending tendency (PST), and that present-time-perspective (PTP) and future-time perspectives (FTP) interact systematically with materialism to affect PST. A survey of the general population in Macao, China (Study 1; N = 239) confirmed that materialism was positively correlated with PST. An interaction between materialism and PTP intensified the relationship, whereas an interaction with FTP weakened the relationship. Another survey with a sample of university students (Study 2; N = 223) again found positive relationships among PST, materialism, and PTP, as measured by temporal discount rate. But further exploration showed that PST was only related with temporal discounting among high materialists, but not among low materialists. Study 3 experimentally examined the causal effects of materialism and FTP on PST. When being primed of an orientation towards materialism (n = 33), the participants' planned consumption doubled that of the control group (n = 31). A FTP prime interacted with materialism prime and put a "damper" on participants' planned spending (n = 29), compared to their counterparts who were not primed of such a time perspective. © 2016 International Union of Psychological Science.

  17. How did the Supreme Court ruling on DOMA affect astronomers?

    Science.gov (United States)

    Rigby, Jane R.; The AAS Working Group on LGBTIQ Equality

    2014-01-01

    In June 2013, the United States Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. Section 3 had barred the federal government from recognizing same-sex marriages. The decision in United States v. Windsor, made headlines around the world, and particularly affected astronomers, since astronomers in the US are more likely than the general population to be foreign nationals, to have a foreign-born spouse, or to work for the federal government. In this poster, we highlight some of the real-world ways that the Windsor case has affected US astronomers and our profession. Bi-national couples can now apply for green cards granting permanent residency. Scientists who work for the federal government, including NASA and the NSF, can now obtain health insurance for a same-sex spouse. From taxes to death benefits, health insurance to daycare, immigration to ethics laws, the end of S3 of DOMA has had profoundly improved the lives of US scientists who are lesbian, gay, bisexual, or transgender (LGBT). Here we, highlight several real-world examples of how DOMA's demise has improved the lives and careers of US astronomer.

  18. Investigating deviations from norms in court interpreting

    DEFF Research Database (Denmark)

    Dubslaff, Friedel; Martinsen, Bodil

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

  19. Courts, Scheduled Damages, and Medical Malpractice Insurance

    DEFF Research Database (Denmark)

    Bertoli, Paola; Grembi, Veronica

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

  20. 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.

  1. 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.

  2. 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.

  3. Text Mining of Supreme Administrative Court Jurisdictions

    OpenAIRE

    Feinerer, Ingo; Hornik, Kurt

    2007-01-01

    Within the last decade text mining, i.e., extracting sensitive information from text corpora, has become a major factor in business intelligence. The automated textual analysis of law corpora is highly valuable because of its impact on a company's legal options and the raw amount of available jurisdiction. The study of supreme court jurisdiction and international law corpora is equally important due to its effects on business sectors. In this paper we use text mining methods to investigate Au...

  4. Social Norms in the Ancient Athenian Courts

    OpenAIRE

    Lanni, Adriaan M.

    2013-01-01

    Ancient Athens was a remarkably peaceful and well-ordered society by both ancient and contemporary standards. Scholars typically attribute Athens’ success to internalized norms and purely informal enforcement mechanisms. This article argues that the formal Athenian court system played a vital role in maintaining order by enforcing informal norms. This peculiar approach to norm enforcement compensated for apparent weaknesses in the state system of coercion. It mitigated the effects of under-e...

  5. Behavioral Genetics in Criminal and Civil Courts.

    Science.gov (United States)

    Sabatello, Maya; Appelbaum, Paul S

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

  6. Procedural Justice in Dutch Administrative Court Proceedings

    Directory of Open Access Journals (Sweden)

    André Verburg

    2014-11-01

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

  7. SPECIFIC FEATURES OF STATUS OF ATTORNEYS WORKING AT THE ATTORNEYS' CONSULTATIONS AT VOLOGDA DISTRICT COURT

    Directory of Open Access Journals (Sweden)

    Сергей Евгеньевич Страхов

    2013-12-01

    Full Text Available In contemporary world plays a significant role institute legal profession. In anticipation of the reforms the legal community is important to explore this institution not only at the present stage, but also to trace its development in history.The purpose of this research - to characterize the status of the problematic aspects of a barrister in their relationship with the status of Consultations attorneys at the district courts by the example of consultations with attorneys Vologda district court.Scientific and practical significance of the work lies in the fact that the historical study of the subject will adopt a positive historical experience and avoid repeating mistakes.The author uses historical, comparative, hermeneutical , mathematical methods, as well as general methods of scientific research.The author analyzes the performance of consultations with attorneys Vologda district court at the beginning of the XX century , concluding that the consultation attorneys in the Vologda district court is not an organ of the community of barristers and voluntary association of individuals for the convenience of the organization of professional work .The results of this study provide scientific and practical value , as may be applicable both for the training of students in the disciplines of "legal profession" and "History of State and Law", and in practice - in the drafting of the reform of the legal profession.DOI: http://dx.doi.org/10.12731/2218-7405-2013-10-17

  8. Court Supervised Institutional Transformation in South Africa

    Directory of Open Access Journals (Sweden)

    Deon Erasmus

    2015-12-01

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

  9. Relations of alternativeness in the fiction world picture of the detective (on the material of novels by P.Cornwell

    Directory of Open Access Journals (Sweden)

    Natalya G. Sklyarova

    2017-06-01

    Full Text Available The article discusses the role of alternative in modelling the world picture in P. Cornwell’s detective novels «All That Remains», «The Body of Evidence», «Postmortem». Results of the research implying distributional and contextual methods of analysis testify that alternative relations, complicated by incremental meaning of insufficient knowledge and correction serve for reconstruction of the investigation, crime scenes, criminal’s personality and various details, essential for solving the crime. They can occur in the inner represented speech of the main character, the medical examiner Kay Scarpetta and in her dialogues with the investigators. Constructions of alternative semantics, used for explanation, contain specific terms, jargonisms and their definitions, which helps to introduce to the reader the realities of medical examiner’s and investigator’s routine work. Parts of the sentence or separate sentences, connected by the disjunctive conjunctions, contain words relating to criminology and forensic medicine, which contributes to the creation of the atmosphere of the detective novel. The research confirms once again the fact that the use of conjunctions of alternative semantics in definite contextual environment brings about the actualization of certain types of alternative relations which reflect such fragments of individual world picture that seem significant in terms of the content of fiction work.

  10. 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.

  11. 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...

  12. Our World Their World

    Science.gov (United States)

    Brisco, Nicole

    2011-01-01

    Build, create, make, blog, develop, organize, structure, perform. These are just a few verbs that illustrate the visual world. These words create images that allow students to respond to their environment. Visual culture studies recognize the predominance of visual forms of media, communication, and information in the postmodern world. This…

  13. 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

    the court could function as a non-judicial body and a constant one; (7 in the trial the evidence was as follows: actual recognition; material evidence; statements by witnesses; oath; (9 a special place of the court was established; (10 a court decision was binding. Conclusions of the research. At the present moment we can talk about the kind of reception of the institute of traditional (national justice, which is supported both by the population of the relevant post-Soviet states and their public authorities. This fact is explained by the fact that the essence and purpose of the traditional justice, since its origin and up till now has not changed, and it is as follows: (1 authority of the court (judges; (2 ensuring harmony between a person and the society, based on the confidence of the members of the process in a fair solution of the dispute; (3 justice serves as a means of reconciliation, not as a tool of clear application of positive law.

  14. A Juridical Insight of Brave New World: The Eugenics Found on the Selection Criteria of Genetic Material for the Assisted Human Reproduction

    Directory of Open Access Journals (Sweden)

    Carlos Eduardo de Oliveira Alban

    2016-06-01

    Full Text Available Following the teachings of the “Law in the Literature” movement, as well as the method of the Phemenological Hermeneutics, the present essay intends to discuss the eugenics content present in the abstract criteria for donating genetic material in Brazil. In order to present this problem clearly for the reader, the novel Brave New World, from Aldous Huxley, will be used as an example. Opportunely, it will deal with the recent situation regarding the investigation of the London Sperm Bank donators’ politics, in which important debates related to the genetic selection aiming for avoiding congenital diseases appear.

  15. Up-to-date subject matter of world research in the field of materials for power plants

    International Nuclear Information System (INIS)

    Kozlowski, R.H.

    1998-01-01

    New approach to the problem of composition of present-day materials, which are working in high temperatures assumes that their microstructure becomes a subject of analysis-not an object-as it was before. Nowadays many industrial and university laboratories deal with these problems, individually or in the cooperation, in framework of the different types of projects, financed by the international organizations. In the report, research realized over the last 20 years in USA, Europe and japan have been reviewed. This research focused on the working in high temperatures steels as a constructional materials for pipes and other units of the power plants. According to the newest achievement in this domain we could expect that the ferritic and ferro-martensitic alloy steels will become new generation of the high-temperature creep-resisting steels (author)

  16. "We want the world and we want it now": Materialism, time perspectives and problem spending tendency of Chinese

    OpenAIRE

    Ku, L.; Wu, Anise M. S.; Lao, Angie K. P.; Lam, Kerwin I. N.

    2016-01-01

    The file attached to this record is the author's final peer reviewed version. The Publisher's final version can be found by following the DOI link. Chinese consumers' spending has been expanding rapidly in the past decade, and along with it household and credit card debt. The present research collected evidenced to triangulate the contention that materialism is positively related with Chinese's problem spending tendency (PST), and that present- and future-time perspectives interact systema...

  17. Performance Assessment in Courts - The Swiss Case

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2014-12-01

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

  18. Real-time data helps in court

    International Nuclear Information System (INIS)

    Houlahan, T.

    2000-01-01

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

  19. 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

  20. THE RIGHT TO AN INDEPENDENT COURT

    Directory of Open Access Journals (Sweden)

    ALIN-GHEORGHE GAVRILESCU

    2011-04-01

    Full Text Available The independence of the court is essential of state of rule, to maintain the stability in juridical intercourse, for the existence of a constitutional democracy achieved through a warranty of the necessary objectivity for the steady and legal settlement of the causes deducted to the trial and the achievement of a fair trial. The article emphasizes the main international juridical tools in which independence of justice is reflected, achieving an examination of judicial practice of European instance as well as an analysis of this principle as it is regulated by Romanian justice.

  1. 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....

  2. The relationship between administrative court control and legislative control

    International Nuclear Information System (INIS)

    Beckmann, M.

    1986-01-01

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

  3. 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...

  4. 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

  5. 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...

  6. Wealth and happiness across the world: material prosperity predicts life evaluation, whereas psychosocial prosperity predicts positive feeling.

    Science.gov (United States)

    Diener, Ed; Ng, Weiting; Harter, James; Arora, Raksha

    2010-07-01

    The Gallup World Poll, the first representative sample of planet Earth, was used to explore the reasons why happiness is associated with higher income, including the meeting of basic needs, fulfillment of psychological needs, increasing satisfaction with one's standard of living, and public goods. Across the globe, the association of log income with subjective well-being was linear but convex with raw income, indicating the declining marginal effects of income on subjective well-being. Income was a moderately strong predictor of life evaluation but a much weaker predictor of positive and negative feelings. Possessing luxury conveniences and satisfaction with standard of living were also strong predictors of life evaluation. Although the meeting of basic and psychological needs mediated the effects of income on life evaluation to some degree, the strongest mediation was provided by standard of living and ownership of conveniences. In contrast, feelings were most associated with the fulfillment of psychological needs: learning, autonomy, using one's skills, respect, and the ability to count on others in an emergency. Thus, two separate types of prosperity-economic and social psychological-best predict different types of well-being.

  7. 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.

  8. Cognitive stereotypes, forming the concept “business lady” in naïve world picture (on the material of Russian and German languages

    Directory of Open Access Journals (Sweden)

    Badanyan Irina Felixovna

    2016-06-01

    Full Text Available On the material of modern media texts in Russian and German it is described linguacultural specificity of the concept “business lady” through the cognitive system of stereotypes, reflecting the typical notions of modern business lady in the naive picture of the world. The practical material for the article was the text information, analytical and business publications, published in the print or electronic media in Russian and German. The study implied the methods of frame modeling and contextual analysis. It is identified cognitive layers of the concept, investigated the specificity of its lexical and semantic representations. On the basis of the selected cognitive signs frame structure “business lady” is considered as a set of slots that objectifies the typical signs of a business lady, typical of Russian and German world pictures. It was found that the stereotypical image of a business lady has a certain set of features – professional and moral qualities, intellectual ability, education, behavior, appearance, age, etc. Thus the formation of a business lady’s image in media texts takes place in close connection with the formation of stereotypes about women in the field of business relations, i.e. relying on certain standardized representation of business lady, which are fixed in the public mind.

  9. Historical context of the Albanian Constitutional Court

    Directory of Open Access Journals (Sweden)

    Ravesa Nano

    2016-11-01

    Full Text Available The Albanian legal tradition is based mostly on the traditional and customary laws. The Ottoman Empire ruled Albania for nearly five centuries and applied some of its translation of Sharia law together with its own rules and procedures. However, the Albanian population, especially in the north was governed by its own customary laws that were included in the Kanun of Lek Dukagjini. For a long period of time, these customary laws were unwritten and were learned generation aft er generation. The Kanun of Lek Dukagjini had very few rules and procedures regarding penal law. They were not arranged properly and there were some repetition for different cases. The National Court was implemented by a popular gathering of the oldest man of the village called Pleqnia. It used to decide on issues immediately, and there was no review of their issues. The rules were clear, simple and strict. There are some ideas from different Albanian researchers that the communist system although exported as an idea from abroad, based its laws and rules very much on the Albanian tradition as for example the creation also People’s Court. There was no institution of judicial review. These researchers point out that it was for this reason that the communist system in Albania lasted for nearly fifty years.

  10. Appeals court reverses verdict favoring drug companies.

    Science.gov (United States)

    1995-06-02

    An appeals court reversed a verdict favoring drug companies after the widow of a hemophiliac, whose death was linked to HIV-tainted blood products, sued four pharmaceutical companies to pay damages. The four companies, Alpha Therapeutic Corp., Miles Laboratories Inc., Armour Pharmaceutical Co., and Baxter Travenol Laboratories Inc., provided Factor VIII, a clotting concentrate, to [name removed] [name removed], the plaintiff's husband, from 1972 until his death in 1987. [Name removed]'s wife sued the companies, alleging that the defendants negligently solicited blood plasma from paid donors who had a high risk of having HIV, failed to determine whether any lots of Factor VIII contained plasma from an at-risk donor, failed to warn consumers of possible risks, and failed to heat-treat HIV and other viruses in Factor VIII, despite industry-wide knowledge of the risk of infection. The three-judge panel said the trial judge's decision to avoid ruling on the antigenic stimulation theory, based on insufficient evidence, was improper. In addition, the appeals court said a retrial is necessary because of improper remarks made by Alpha's attorney.

  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 role of customs services and World Customs Organization (WCO)'s enforcement programme to combat nuclear and other radioactive materials smuggling

    International Nuclear Information System (INIS)

    Saka, E.

    1999-01-01

    The World Customs Organization (established as the Customs Co-operation Council in 1952) is an independent inter-governmental body with world-wide membership (150) whose enforcement mission could be summarized as 'to assist its Members in strengthening their enforcement measures through training and technical programmes designed to combat Customs offences', which also include nuclear and other radioactive materials smuggling. One of the best strategies for an effective fight against illicit trafficking in nuclear and other radioactive materials is to stop their illegal movement at the national border before entering or leaving the country. From this point, Customs services are unique governmental cross-border control agencies, which are mostly located at national cross-border checking points. In addition to this local advantage, Customs expertise and authority in checking documents, goods, vehicles and passengers deserve special mentioning. It should also be noted that Customs services have great experience on how to combat and respond to transnational crime and criminals. On the other hand, in order to maximize on their experience, they should be furnished with sufficient authority for investigation, detection equipment and supported through relevant training programmes. In line with the request made by Member States, the World Customs Organization (WCO) Secretariat has recently developed an enforcement programme on combating nuclear and other radioactive materials smuggling. This programme is based on awareness raising, development of training materials, designing training programmes, promoting exchange of information and improving co-operation at all levels. The WCO Database, the WCO Regional Intelligence Liaison (RILO) project and WCO bilateral and multilateral co-operative initiatives are three key tools which enable Customs administrations to develop accurate, timely and rapid exchange of information and intelligence. Within the concept of international co

  13. The effect of court location and available time on the tactical shot selection of elite squash players.

    Science.gov (United States)

    Vučković, Goran; James, Nic; Hughes, Mike; Murray, Stafford; Sporiš, Goran; Perš, Janez

    2013-01-01

    No previous research in squash has considered the time between shots or the proximity of the ball to a wall, which are two important variables that influence shot outcomes. The aim of this paper was to analyse shot types to determine the extent to which they are played in different court areas and a more detailed analysis to determine whether the time available had an influence on the shot selected. Ten elite matches, contested by fifteen of the world's top right handed squash players (age 27 ± 3.2, height 1.81 ± 0.06 m, weight 76.3 ± 3.7 kg), at the men's World Team Championships were processed using the SAGIT/Squash tracking system with shot information manually added to the system. Results suggested that shot responses were dependent upon court location and the time between shots. When these factors were considered repeatable performance existed to the extent that one of two shots was typically played when there was limited time to play the shot (tactics affect shot selections. Key pointsPrevious research has suggested that a playing strategy, elements decided in advance of the match, may be evident for elite players by examining court location and preceding shot type, however these parameters alone are unlikely to be sufficient predictors.At present there is no known analysis in squash, or indeed in any of the racket sports, that has quantified the time available to respond to different shot types. An understanding of the time interval between shots and the movement characteristics of the player responding to different shots according to the court positions might facilitate a better understanding of the dynamics that determine shot selection.Some elements of a general playing strategy were evident e.g. predominately hitting to the back left of the court, but tactical differences in shot selection were also evident on the basis of court location and time available to play a shot.

  14. 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…

  15. Sharia Business and The Challenge of Dispute Settlement in Indonesian Religious Court

    Directory of Open Access Journals (Sweden)

    Rahadi Wasi Bintoro

    2016-06-01

    Full Text Available Sharia economy is not new in the world of Islam. Development of sharia economic law in Indonesia begins with the emergence of islamic banking. The development of national and international economy that always moves quickly along with more wider challenges, should always be followed in responsively by national banking in carrying its functions and responsibilities out to the community. According to the sharia banking law in order to be categorized in the scope of islamic economics, it is determined by the fatwa of the Indonesian Ulama Council. This is due to the MUI as an institution that has the authority in the field of religion and related to the interest of Indonesian muslims. One thing that is interesting from the proliferation of business activities with Sharia principles is about its pattern of settlement of disputes is related with Religion Court jurisdiction. Religion Court is an institution that has authority to examine dispute settlement of sharia economy case in Indonesia. However, the law of civil procedure used in the Religious Court is still referring to procedureal law in the general court which is much criticized, because its complicated procedures and take a long time so it’s been very expensive. Based on the analysis, the development of sharia economic system is basically the demands of the business world, which has the fast-moving character, however, development of sharia economy of which is not accompanied with its own substance of law, especially the procedural law that works to resolve disputes, so that, on its turn, it will lead to the obstacle for the sharia economic development itself, in which the condition is contrary to the principle of simple justice, quick and low cost as stipulated in the provisions of Article 2 (4 of Law No. 48 Year 2009 on Judicial.

  16. Materialism.

    Science.gov (United States)

    Melnyk, Andrew

    2012-05-01

    Materialism is nearly universally assumed by cognitive scientists. Intuitively, materialism says that a person's mental states are nothing over and above his or her material states, while dualism denies this. Philosophers have introduced concepts (e.g., realization and supervenience) to assist in formulating the theses of materialism and dualism with more precision, and distinguished among importantly different versions of each view (e.g., eliminative materialism, substance dualism, and emergentism). They have also clarified the logic of arguments that use empirical findings to support materialism. Finally, they have devised various objections to materialism, objections that therefore serve also as arguments for dualism. These objections typically center around two features of mental states that materialism has had trouble in accommodating. The first feature is intentionality, the property of representing, or being about, objects, properties, and states of affairs external to the mental states. The second feature is phenomenal consciousness, the property possessed by many mental states of there being something it is like for the subject of the mental state to be in that mental state. WIREs Cogn Sci 2012, 3:281-292. doi: 10.1002/wcs.1174 For further resources related to this article, please visit the WIREs website. Copyright © 2012 John Wiley & Sons, Ltd.

  17. 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. ...

  18. 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…

  19. K-12 Implications Seen in Some Cases before High Court

    Science.gov (United States)

    Walsh, Mark

    2010-01-01

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

  20. 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

  1. 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)

  2. 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…

  3. 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,

  4. 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...

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

    Science.gov (United States)

    Greenlaw, Paul S.; Swanson, Austin D.

    1994-01-01

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

  7. 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…

  8. 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

  9. Delinquency Cases in Juvenile Court, 2002. OJJDP Fact Sheet #02

    Science.gov (United States)

    Stahl, Anne L.

    2006-01-01

    This fact sheet presents statistics on delinquency cases processed by juvenile courts in 2002. The number of delinquency cases handled by juvenile courts decreased 11 percent between 1997 and 2002. During this time, the number of person offense cases decreased 2 percent, property offense cases decreased 27 percent, drug law violation cases…

  10. 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

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

    International Nuclear Information System (INIS)

    Sellner, D.

    1986-01-01

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

  12. 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...

  13. 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...

  14. 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 ...

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

    International Nuclear Information System (INIS)

    1978-01-01

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

  16. Matching Judicial Supervision to Clients' Risk Status in Drug Court

    Science.gov (United States)

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

    2006-01-01

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

  17. 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 ...

  18. 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...

  19. 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...

  20. 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.

  1. 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...

  2. 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).

  3. 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…

  4. World Hunger: Teaching about World Hunger.

    Science.gov (United States)

    Simpson, Jane

    1982-01-01

    Discusses the teaching of world hunger in the classroom. Controversial questions and map skills for students are discussed as well as activities for home economics and science classes. A list of resource materials is included. (AM)

  5. Rifkin and NIH win in court ruling.

    Science.gov (United States)

    Sun, M

    1985-03-15

    On 27 February 1985 Judge J. Skelly Wright of the U.S. Court of Appeals for the District of Columbia ruled that experiments involving the release of genetically altered organisms into the environment can proceed, provided that their potential ecological effects have been properly evaluated. The ruling has been hailed as a victory by both the National Institutes of Health (NIH) and Jeremy Rifkin. Rifkin brought suit against NIH in 1983, charging that the agency had failed to evaluate adequately the environmental impact of some deliberate release experiments. Sun discusses the implications of the judge's ruling. She also describes a move by private companies to submit their recombinant DNA experiment proposals to the Environmental Protection Agency rather than to NIH, which has regulatory authority only over academic researchers.

  6. Who can monitor the court interpreter's performance?

    DEFF Research Database (Denmark)

    Martinsen, Bodil

    2009-01-01

    and the conflict about her competence was negotiated. Because of this unusual constellation, combined with a multi-method approach, this single case study can shed some light on the question of the participants' ability to monitor the interpreter's performance. Legal professional users of interpreters tend......  Who can monitor the court interpreter's performance? Results of a case study This paper presents the results of a case study of an unusual interpreting event in a Danish courtroom setting. During the trial, the interpreter's non-normative performance was explicitly criticised by the audience...... are far less transparent for the legal participants than they normally assume. This problem, in turn, stresses the importance of a) the interpreter's competence and self-awareness and b) the use of check interpreters.  ...

  7. Regulatory behaviour under threat of court reversal

    DEFF Research Database (Denmark)

    Söderberg, Magnus; Menezes, Flavio; Santolino, Miguel

    2018-01-01

    , (ii) inexperienced regulators care more about not having their decisions overturned than experienced regulators, and (iii) experienced regulators also care about consumer surplus. The theoretical implications are tested using a database of Swedish regulatory decisions from the electricity distribution...... sector. We provide empirical evidence that inexperienced regulators are more likely to set higher regulated prices than experienced regulators, and as the complexity of the case increases, there are on averagemore overturned decisions and higher prices for inexperienced regulators. The links between...... experience, complexity and regulatory outcomes are both statistically and economically significant. Simulations show that if those decisions that were not appealed had been appealed, then the court would have lowered the prices by 10% on average....

  8. 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...

  9. 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.

  10. 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.

  11. 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

  12. 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.

  13. The categories of the lyrical character and the material world in the Joseph Brodsky’s love poetry (the collection “The new stanzas to Augusta”: the interaction features

    Directory of Open Access Journals (Sweden)

    Bayramova Karina Arturovna

    2013-06-01

    Full Text Available This article is devoted to the problem of realization of the category of lyrical character in the Joseph Brodsky’s love poetry. The aspiration to characterize the lyrical character through details of the material world becomes the feature of the poet’s artistic worldview when the world of things symbolizes both emotional experiences of the character and his philosophy of creation. The vulnerability and finiteness of the material world in the late lyrics associate an inevitable end of physical existence of the character, but it consolidates the idea of creative immortality of love feeling.

  14. The use of handwriting examinations beyond the traditional court purpose.

    Science.gov (United States)

    Agius, Anna; Jones, Kylie; Epple, Rochelle; Morelato, Marie; Moret, Sébastien; Chadwick, Scott; Roux, Claude

    2017-09-01

    Traditionally, forensic science has predominantly focused its resources and objectives on addressing court related questions. However, this view restricts the contribution of forensic science to one function and results in lost opportunities as investigative and intelligence roles are often overlooked. A change of perspective and expansion of the contributions of forensic science is required to take advantage of the benefits of abductive and inductive thought processes throughout the investigative and intelligence functions. One forensic discipline that has the potential to broaden its traditional focus is handwriting examination. Typically used in investigations that are focused on both criminal and civil cases, the examination procedure and outcome are time consuming and subjective, requiring a detailed study of the features of the handwriting in question. Traditionally, the major handwriting features exploited are characteristics that are often considered individual (or at least highly polymorphic) and habitual. However, handwriting can be considered as an information vector in an intelligence framework. One such example is the recognition of key elements related to the author's native language. This paper discusses the traditional method generally used around the world and proposes a theoretical approach to expand the application of handwriting examination towards gaining additional information for intelligence purposes. This concept will be designed and tested in a future research project. Copyright © 2017 The Chartered Society of Forensic Sciences. All rights reserved.

  15. Local court reforms and ‘global’ law

    Directory of Open Access Journals (Sweden)

    Richard Mohr

    2007-06-01

    Full Text Available This study considers court reform programmes sponsored by the IMF and World Bank in Indonesia and Venezuela. It aims to broaden the frame of reference of ‘globalisation’ in law beyond the two traditional sites of human rights and trade. Drawing on a tradition of legal pluralism, it investigates the various sources of ‘global’ or universalising pressures on the law. The sources and impacts of these efforts may derive from and benefit or disadvantage specific groups in various locations. They will also promote or inhibit particular political, social or economic projects. The study concludes that various constituencies and impulses to reform refer to different versions of the ‘universal’ for their conception of right and legitimacy. These are neither inherently local nor unambiguously global. Local religious or egalitarian movements may refer to universal religious or political values just as interests in fair commercial dealing can call on international legal norms. In contrast to the local sites where law is performed, these universal sites exist in a multitude of indigenous, religious, political and legal imagined communities, each of which may be invoked in attempts to reform local practice.

  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. 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

  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. 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

  20. Materials

    CSIR Research Space (South Africa)

    Van Wyk, Llewellyn V

    2009-02-01

    Full Text Available . It is generally included as part of a structurally insulated panel (SIP) where the foam is sandwiched between external skins of steel, wood or cement. Cement composites Cement bonded composites are an important class of building materials. These products... for their stone buildings, including the Egyptians, Aztecs and Inca’s. As stone is a very dense material it requires intensive heating to become warm. Rocks were generally stacked dry but mud, and later cement, can be used as a mortar to hold the rocks...

  1. Survey article: the legitimacy of Supreme Courts in the context of globalisation

    Directory of Open Access Journals (Sweden)

    Sidney W. Richards

    2008-12-01

    Full Text Available The objective of this article is to present an overview of the state of the art concerning the legitimacy of Supreme Courts in the context of globalisation. In recent years, there has been much discussion about the observed increase in both the references to foreign decisions in matters of domestic adjudication, as well as the alleged and precipitate rise of ‘transjudicial dialogue’, or formal and informal communication between the domestic courts of various national jurisdictions. A central concern is whether Supreme Courts possess the necessary authority, and thus the legitimacy, to adopt a more ‘internationalist’ disposition. This article will demonstrate how there are various coexisting discourses of legitimacy, each with their own particular features. These various discourses are not always compatible or easily commensurable. It will argue, moreover, that the basic dilemma regarding judicial legitimacy in a globalised world is a species of a more general problem of globalisation studies, namely how to reconcile a conceptual vernacular which is permeated by domestic, state-centric notions with a political reality which is increasingly non-national in its outlook.

  2. The Uses of E-mail as a Medium on the Contante Justitie Proceedings on the Courts in Indonesia

    Directory of Open Access Journals (Sweden)

    Yasser S. Wahab

    2015-10-01

    Full Text Available This research aims to know how the contante justitie principle may be applied into the enforced legislation in Indonesia, and to investigate the synergy of proceedings by means of e-mail in realizing contante justitie. The research employed in this paper is normative research, using both primary and secondary legal sources. Primary sources obtained from compiling relevant rules on the research concerned, in addition to secondary sources taken from books, court decisions, newspapers, internet materials and others relevant with the issue; that is to oversee the contradictions of humanist and mechanical processes when utilizing the internet e-mail for the court proceedings. The use of internet media e-mail in the correspondence process is expected to cut down the time, cost and potential instability. Thus strongly supports the realization of the principle of contante justitie in court proceedings more effectively and efficiently.

  3. 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

  4. World law

    Directory of Open Access Journals (Sweden)

    Harold J. Berman

    1999-03-01

    Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.

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

    Directory of Open Access Journals (Sweden)

    Saulius Katuoka

    2018-01-01

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

  6. THE INFLUENCE OF BALL VELOCITY AND COURT ILLUMINATION ON REACTION TIME FOR TENNIS VOLLEY

    Directory of Open Access Journals (Sweden)

    Jui-hung Tu

    2010-03-01

    Full Text Available The he purpose of this study is to examine the effects of ball velocity, court illumination, and volley type on the reaction time (RT of a tennis athlete for a volley stroke. Eights cases with two different ball velocities (high and low, two volley types (forehand and backhand and two court illumination levels (dark and bright were studied. The 30 participating subjects consisted of 18 male and 12 female college tennis athletes (age: 24 ± 3.2 yr, with a United States Tennis Association (USTA ranking above 2.5. In order to ensure the validity of real-world correlations, the experiments were designed to simulate real competition situations. Reaction times were measured for volley strokes in response to different approaching ball velocities (high: 25.05 ± 0.37 m/s and low: 17.56 ± 0.92 m·s-1 for several volley types (forehand and backhand and court illumination levels (55649 ± 4292 lux and 363.24 ± 6.53 lux on the court. During the tests, the signals from an electromyogram sensor and a 3-axis accelerometer (± 50 g were recorded using an NI DAQ card (NI PXI-6251 and then analyzed to determine reaction time (RT, premotor reaction time (PRT, and motor reaction time (MRT through the LabVIEW system. Subsequent 3-way ANOVA analysis indicated no RT, PRT, or MRT interaction between ball velocity, volley type and illumination. The ball velocity and illumination parameters did affect RT and PRT values significantly with p < 0.05, no significant variation in MRT was observed across any implemented experimental conditions. All experimental results indicate that ball velocity and illumination levels strongly affect the value of PRT, but have no significant effect on the value of MRT, the changes in RT were dominated by PRT

  7. Can Artificial Intelligence and Online Dispute Resolution enhance efficiency and effectiveness in Courts

    Directory of Open Access Journals (Sweden)

    John Zeleznikow

    2017-05-01

    Full Text Available The growing rise in the number of self-represented litigants has negative implications for both the court system and access to justice. The expanding use of Artificial Intelligence and the World Wide Web has led to the development and use of Online Dispute Resolution. In this article we investigate a number of systems in Australian Family Law that enhance Alternative Dispute Resolution and Access to Justice. We discuss how a hybrid system that incorporates advice about BATNAs and potential trade-offs as well as allowing online communication can enhance access to justice.

  8. Problems in the Study of the Crimean Court Registries of the 17th–18th centuries »

    Directory of Open Access Journals (Sweden)

    O.D. Rustemov

    2016-09-01

    Full Text Available The first mention of the Crimean court registries – sijils – belong to the 1800s. At that time, translations of some texts were made, the content of these monuments was relatively minutely described and their historical and philological significance was evaluated. However, separate volumes of presented documents still have not been published. Neither comprehensive linguistic study nor description of terminology and style of these texts have not been made. Research objectives: study of the Crimean court registries of the 17th–18th centuries. One of the problems lying on the surface of this field of study of the Crimean Tatar language history and the right is the question about the compilers of these judicial materials. Whom we can consider the author or scribe of a court registry? How competent is an assertion that these books are kadiaskers books? Research materials: the court registries, kadylyk, kadiasker defters. The paper also raised the question of authenticity of the Crimean law and the two sources of the entire justice system of this Eastern European Turkic state: Sharia and actual Turkic law – Töre implemented subsequently in various legislative compilations, such as the Yasa of Chinggis Khan. Another issue of research of these monuments is the question of their content. Fedor Lashkov identified the Crimean records of Sharia courts as a sort of land records’ acts. Research results and novelty: As a result of a detailed study, the author found that its own jurisdiction and its own laws, which did not always coincide with the laws of the Ottoman Empire, functioned in the Crimean Khanate. Despite their historical and philological value as well as more than a century of study, Crimean court registries still contain many blank spots. This again points to the need for their early reading, translation into modern Turkish language and publication, which should be carried out in the Crimean Tatar and Russian languages.

  9. Court presentation of bite mark evidence.

    Science.gov (United States)

    Drinnan, A J; Melton, M J

    1985-12-01

    The uniqueness of an individual's bite mark is generally accepted. The use of bite mark analysis to identify or exclude those suspected of crimes is now a well established activity in forensic dentistry. Although the techniques for evaluating bite mark evidence are extremely sophisticated, it is important that the courtroom presentation of such evidence should be as simple as possible and be directed towards those who must judge it. Dentists likely to be involved in the courtroom presentation of bite mark evidence should: be certain that their local law enforcement personnel are frequently updated on the techniques to be used for producing the optimum evidence needed to evaluate bite marks; become acquainted with the current techniques of evaluating bite mark evidence and understand their difficulties and pitfalls; meet with the lawyers (prosecution or defence) before a courtroom appearance, briefing them on the significance of the particular findings; prepare clear and easily understandable visual aids to present to the court the techniques used in the analysis and the bases for the conclusion reached; and offer conclusions derived from the bite mark investigation.

  10. Your business in court: 2009-2010.

    Science.gov (United States)

    Reiss, John B; Hall, Christopher R; Wartman, Gregory J

    2011-01-01

    During this period, FDA focused considerable effort on its transparency initiative, which is likely to continue into the coming year, as well as continuing to ramp up its enforcement activities, as we predicted last year. The scope of the agency's ability to pre-empt state laws in product liability litigation involving pharmaceutical products still is developing post-Levine, and we are likely to see new decisions in the coming year. Fraud and abuse enforcement still is a major factor facing the industry, with the added threat of personal exposure to criminal sentences, fines and debarment from participation in federal and state programs under the Responsible Corporate Officer doctrine, or under the authorities exercised by the Department of Health and Human Services Office of the Inspector General. Consequently, it is increasingly important that senior corporate officers ensure active oversight of an effective compliance program which should mitigate these risks. The Federal Trade Commission continues to battle consumer fraud, particularly respecting weight loss programs, and it appears to be fighting a losing battle in its effort to prevent "reverse" payments to generic manufacturers by Innovator Manufacturers to delay the introduction of generics to the market. The Securities and Exchange Commission continues to be actively enforcing the Foreign Corrupt Practices Act. The Supreme Court gave shareholders more leeway in bringing stockholder suits in situations where a company conceals information that, if revealed, could have a negative effect on stock prices.

  11. The Grand Dukes and their inventories: administering possessions and defining value at the Medici court

    Directory of Open Access Journals (Sweden)

    Francesco Freddolini

    2015-01-01

    Full Text Available Inventories produced for princely collections in the early modern period diverged substantially from contemporaneous notarial and legal inventories. By investigating a variety of inventories of the Medici family, from 1553 to 1713, this essay sheds light on such differences and explores the material existence and textual strategies of court inventories, addressing issues of function and authorship, as well as relationships between text, objects and people. This essay also explores the role played by these texts in defining artistic value and collectors’ identities through material and aesthetic discourses.

  12. Realisation of power systems and European nature conservation. The actual jurisdiction of the Federal Administrative Court; Realisierung von Energieanlagen und europaeischer Naturschutz. Die aktuelle Rechtsprechung des Bundesverwaltungsgerichts

    Energy Technology Data Exchange (ETDEWEB)

    Anger, Christoph [avocado rechtsanwaelte, Koeln (Germany)

    2011-03-15

    For a long time, the right of nature conservation and landscape conservation showed a shadowy existence in the approval of projects. Some actual decisions of the Supreme Court show that in the last years the nature conservation law developed to a central area of conflict in the licensing procedure. The contribution under consideration reports on the legal material using three selected problem areas from the law on the protection of area and law on the protection of species. On the one hand, the Federal Administrative Court (Leipzig, Federal Republic of Germany) always upgrades the requirements. However, on the other hand the Federal Administrative Court attaches great importance to practicability. The Federal Administrative Court often points to a way, how projects can be realized with a careful nature conservation related attendance also at difficult environmental conditions.

  13. City Magistrate of Tsaritsyn as the Estates Court for Urban Population 1784-1866

    Directory of Open Access Journals (Sweden)

    Elena V. Bulyulina

    2017-10-01

    Full Text Available At the end of the 18th century in Russia caste system of the judiciary was legalized. For urban and suburban trade and craft population of the Russian Empire estates courts were magistrates. Despite the fact that the activities of magistrates are studied by native historians and legal scholars, regional aspects of the topic are not adequately reflected. This article examines the activities of the Tsaritsyn city magistrate court as an estates court for a merchant and petty-bourgeois population of the city of Tsaritsyn in 1784-1866. In 1775 Ekaterina II carried out a major reform of local government and the court, significantly expanding the functions of local government institutions, and, in fact, restoring estates of municipal government. From that moment in cities the magistrates managed the city, including city magistrates who represented the court of first instance in criminal and civil cases for the urban population – merchants, craftsmen, townspeople. Appeal to the city magistrate was of the Saratov provincial magistrate. Different aspects of his functional features and relations with another official instances are presented. The limits of the jurisdiction of the Tsaritsyn city magistrate was limited to the territory of Tsaritsyn. The objects of the jurisdiction could be only the regular citizens, i.e. assigned to the city, and not the entire population. Implementation of the rule of law, particularly the application of penalties in the material presented in the aspect of not only the all-Russian legal requirements, but also regarding regional social and legal assessments. Tsaritsyn city magistrate heard cases of theft, vandalism, rape, false receipts, and bills of exchange, unauthorized occupation of urban land, abandoned children, the accountability for deviations from the canons of Orthodoxy, committing a schismatic rites, violation of rules of transportation and logging, concealment of recruits, about the insult of the authorities

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

    African Journals Online (AJOL)

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

  15. 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...

  16. The International Criminal Court and conflict transformation in Uganda

    African Journals Online (AJOL)

    African Journal on Conflict Resolution ... The International Criminal Court (ICC) commenced investigation of the armed conflict in Uganda in 2004. ... It also addresses the problem of assessing the impact of law on conflict through the use of an ...

  17. 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

  18. Guantanamo Detainees: Habeas Corpus Challenges in Federal Court

    National Research Council Canada - National Science Library

    Elsea, Jennifer K; Thomas, Kenneth

    2005-01-01

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

  19. The Legal Investigation Peculiarities in RF Constitutional Court

    Directory of Open Access Journals (Sweden)

    Natal'ya V. Lebedeva

    2012-11-01

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

  20. The New 2001-2002 Term. Supreme Court Roundup.

    Science.gov (United States)

    Williams, Charles F.

    2001-01-01

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

  1. 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.

  2. Sentencing dangerous offenders: policy and practice in the Crown Court

    OpenAIRE

    Henham, R

    2001-01-01

    Analysis of Crown Courts' use of protective sentencing powers under s.80(2)(b), s.85, and s.109 of 2000 Act and whether preference for s.85 reflects fundamental flaw in leaving determination of "dangerousness" to judiciary.

  3. The International Criminal Court: Considerations for the Joint Force Commander

    National Research Council Canada - National Science Library

    Sutton, Michael

    2003-01-01

    An analysis of the issues and remedies a Joint Force Commander should be concerned about because of the relationship between the United States and the newly-created International Criminal Court (ICC...

  4. A Quiz on Recent Court Decisions Concerning Student Conduct.

    Science.gov (United States)

    Zirkel, Perry A.

    1980-01-01

    Presents a 10-question quiz based on court decisions reported from 1977 through 1979. Three areas are covered--student discipline, student searches, and student expression. Answers and explanations are given for each question. (IRT)

  5. the admissibility of subregional courts' decisions before the african

    African Journals Online (AJOL)

    AbdiJA

    by framing its decisions in terms of treaty violations. ... The impact of the amendment was negative as it narrowed the jurisdiction of the. Court and provided a ...... Besides, there is no sufficient legal basis for making such references. Member.

  6. Public Participation: What has the Constitutional Court given the ...

    African Journals Online (AJOL)

    Public Participation: What has the Constitutional Court given the public? ... Linda Nyati explores the duty to facilitate public participation in legislative processes in terms of ... This issue, the article demonstrates, is highly pertinent to citizens in ...

  7. Spontane strategier i innovationsnetværk: materialitetens betydning for stabiliseringen af virtuelle verdner som professionelt kommunikationsmedie [Spontaneous strategies in innovation networks: The importance of materiality in stabilising virtual worlds

    Directory of Open Access Journals (Sweden)

    Emil Husted

    2012-09-01

    Full Text Available Much research has dealt with how social and organisational processes change when they take place in virtual spaces. This article considers innovation processes in which actors try to establish virtual worlds as platforms for professional communication. However, instead of focusing on internal communication processes in virtual worlds, the article seeks to question the dichotomy between physical and virtual worlds and to explore the importance of materiality in organising the virtual. Adopting a perspective inspired by actor-network theory, the article argues that physical places and objects do not only serve as context for innovation processes, but on the contrary are incorporated as strategic resources that actively help create the virtual worlds. The article is based on an empirical analysis of five Danish companies, and shows how companies make use of physical places and objects as strategic resources in the innovation process. Thus the article contributes to the literature on innovation in new media such as virtual worlds.

  8. 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 ...

  9. 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

  10. 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.

  11. 76 FR 12082 - U.S. Court of Appeals for the Armed Forces Proposed Rules Changes

    Science.gov (United States)

    2011-03-04

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

  12. 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...

  13. 77 FR 71687 - Federal Employees' Group Life Insurance Program: Court Orders Prior to July 22, 1998

    Science.gov (United States)

    2012-12-04

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

  14. Hydrology and Ecology Go to Court

    Science.gov (United States)

    Wise, W. R.; Crisman, T. L.

    2009-04-01

    The authors were involved in a high profile case in the United States District Court involving Lake Okeechobee and the Everglades Agricultural Area in the State of Florida. One of the central issues of the case rested on a theory that all navigable waters of the United States comprised one "unitary" water body, and as such, transfer of water from one navigable water to another did not require any permitting action. Should this theory have prevailed, great precedent would be set regarding inter-basin transfer of volumes of water capable of significantly impact to the ecologic structure and function of all involved basins. Furthermore, the impact would certainly have had demographic implications of great significance. We were asked to serve as an expert witnesses in the case charged with developing a strategy to demonstrate that three large irrigation canals were "meaningfully hydrologically distinct" (language from the U.S. Supreme Court opinion on a related case) from Lake Okeechobee, the second largest freshwater lake wholly in the continental U.S. Although a totally hydrologic approach could have been taken easily, it was thought better for the legal team to include an aquatic ecologic perspective, a true example of the linkage of the two disciplines into ecohydrology. Together, an argument was crafted to explain to the judge how, in fact, the waters could in no way be "unitary" in character and that they were "meaningfully hydrologically distinct." The fundamentals of the arguments rested on well known and established principles of physics, chemistry, and biology. It was incumbent upon the authors to educate the judge on how to think about hydrologic and ecologic principles. Issues of interest to the judge included a forensic assessment of the hydrologic and ecologic regime of the lake and the original Everglades system when the State of Florida first joined the U.S. While there are anecdotal archives that describe some elements of the system, there are few

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

    National Research Council Canada - National Science Library

    2002-01-01

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

  16. China in World Industrialization

    NARCIS (Netherlands)

    XU, Yi; van Leeuwen, Bas

    2016-01-01

    Combining the sectoral accounting method of the System of National Accounts (SNA) with new statistical materials from the United Nations, as well as historical research into various countries around the world, this paper arrives at an estimate of value added of Chinese and world industries between

  17. 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.

  18. The World of Nothing

    Directory of Open Access Journals (Sweden)

    Valery A. Kayukov

    2017-11-01

    Full Text Available The article presents a comparative analysis of knowledge about the world of nothingness. J. Boehme pointed to the fact that the world of Nothing is everlasting emptiness, where and wherein the material world could emerge. But the thing is that the world of absolute emptiness did not vanish at the moment of beginning of the world, quite the reverse, it has somehow been permanently enlarging. What will happen next is still a question. Perhaps our world will begin to be moving back on a new spiral of development, perhaps a real transition to the world of nothing will have appeared in this subtle place. For the present it is clear that these two worlds have not touched each other in mutually beneficial communication so far, and everything from our world passes into the world of nothing, and in general, the world of nothing ontologically appears to be much more existential than the world of apparent reality. What can give us some kind of key point at least, be some kind of organon in interaction with these two worlds - with the world of Nothing in which there is no matter and which cannot be perceived by any senses, and with the world of matter in which all senses are unstable and changeable? In our opinion, the only beacon and the instrument of knowledge can be the mind. To understand this phenomenon, by benefiting from a comparative methodology, this study investigates opinions of a number of philosophers, J. Boehme, G.V.F. Hegel, M. Heidegger, and J.P. Sartre, on the existence of the world of nothing.

  19. 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.

  20. 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.

  1. Court rejects claim of mental illness from needlestick.

    Science.gov (United States)

    1998-05-29

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

  2. 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

  3. 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.

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

    Directory of Open Access Journals (Sweden)

    Morgana Paiva Valim

    2015-12-01

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

  5. The privileges and immunities of international organizations in domestic courts

    CERN Document Server

    2013-01-01

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

  6. Courts and open spaces in the Late Helladic III Argolid

    DEFF Research Database (Denmark)

    Siennicka, Malgorzata

    2015-01-01

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

  7. Commentary (Victim Participation in the International Criminal Court)

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    2014-01-01

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

  8. European Court of Human Rights : Milisavljević v. Serbia

    OpenAIRE

    Voorhoof, Dirk

    2017-01-01

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

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

    Science.gov (United States)

    Chong, Heap Yih; Low, Thuan Siang

    2014-01-01

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

  10. State court rejects estoppel in job accommodation case.

    Science.gov (United States)

    1997-07-25

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

  11. 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.

  12. World lines.

    OpenAIRE

    Waser Jürgen; Fuchs Raphael; Ribicic Hrvoje; Schindler Benjamin; Blöschl Günther; Gröller Eduard

    2010-01-01

    In this paper we present World Lines as a novel interactive visualization that provides complete control over multiple heterogeneous simulation runs. In many application areas decisions can only be made by exploring alternative scenarios. The goal of the suggested approach is to support users in this decision making process. In this setting the data domain is extended to a set of alternative worlds where only one outcome will actually happen. World Lines integrate simulation visualization and...

  13. Courts, Clans and Companies: Mobile Money and Dispute Resolution in Somaliland

    Directory of Open Access Journals (Sweden)

    Nicole Stremlau

    2015-08-01

    Full Text Available One of the world’s most ambitious experiments in mobile money is underway in the Somali territories. In the absence of a strong central government and internationally recognized banking institutions, remittance companies and the telecoms industry have been innovating to provide services unique to the Somali context, which is making the economy increasingly ‘cashless’. Mobile money has posed new regulatory and legal challenges, particularly when disputes involving consumers are involved. This article focuses on a case study from Somaliland (the northern, self-declared independent region of Somalia and examines Zaad, the dominant mobile money platform. Given the weak state institutions, there are a variety of actors, including private companies, government police and courts, sharia courts and traditional elders that play an active role in resolving conflicts that result from mobile money transactions, forging a hybrid judicial approach. We examine how these different actors intervene and create an enabling environment to allow innovation and foster trust in a region of the world that is frequently characterized as violent and lawless.

  14. Vincent Lambert, Dignity in Dying and the European Court: A Critical Evaluation and the Global Reflections.

    Science.gov (United States)

    Kishore, R R

    2016-04-01

    In this article I analyse the verdict of the European Court of Human Rights in the Case of Lambert and Others v. France, delivered on 5 June 2015, affirming the Conseil d'État's decision holding that the withdrawal of artificial nutrition and hydration from Vincent Lambert, a French national lying in tetraplegia and persistent vegetative state, was consistent with French domestic law and the European Convention for the Protection of Human Rights and Fundamental Freedoms. In order to make a comparative evaluation I give an account of judicial decisions across the world and find that the European Court's decision is an affirmative pronouncement, in the prevailing milieu of judicial heterogeneity, as it recognizes a person's right to die with dignity in the face of conflicting claims and arguments, by giving supremacy to a person's autonomy and right of self-determination over the deep-rooted religious beliefs and undue paternalistic postures. I conclude that right to die with dignity is a profound area where judge-made law is not the answer. The situation calls for greater consensus and uniformity by evolving suitable legislative strategies.

  15. Understanding Marital Disputes Management in Religious Office and Syariah Court in Malaysia

    Directory of Open Access Journals (Sweden)

    Zakiyah Zakiyah

    2015-02-01

    Full Text Available This article reviews a monograph entitled Managing Marital Dispute in Malaysia, Islamic Mediators and Conflict Resolution in the Syariah Court written by Syarifah Zaleha Syed Hassan  and Sven Cederrot. This book contributed in the discourse of anthropology of Islamic law. This book discussed about three institutions that dealt with Islamic family law; kadi, women counselor and judge. This monograph was published in 1997 when Islamic family law became one of the heated topics in many part of the world. This book was a result of extensive research conducted at the religious office and syariah court in Kedah and Johor Malaysia. This study shows that mediator used different ways in dealing with the family disputes including formal, semi formal and informal. The first method was used to deal with adjudication, the second was utilized to manage arbitration, and the last was used in consultation, conciliation and mediation. In addition, ‘kadi’, women counselor  and the judge not only use legal formal approach but also local norm when giving advice and managing cases.

  16. Command World

    National Research Council Canada - National Science Library

    Wong, Leah Y; Lange, Douglas S; Sebastyn, Jerome T; Roof, William H

    2006-01-01

    .... The Command World scenario was expressly designed as a crisis action planning exercise in order to replicate the communications, collaboration, and information requirements inherent in a military...

  17. The Specialist Court for Kosovo: continuity or departure from the hybrid courts model?

    Directory of Open Access Journals (Sweden)

    Shkёlzen Selimi

    2016-01-01

    Full Text Available The issue of whether to establish Specialist Chambers within the Kosovo justice system for alleged war crimes committed in Kosovo has been, arguably, one of the most heated debates not only from a political and social point of view, but also from a legal one. While the required amendments in the Constitution and several laws of Kosovo necessary to establish the Specialist Chambers in furtherance of the agreement dated 14 April 2014 between the Republic of Kosovo and the European Union on the Mission of the European Union Rule of Law Mission in Kosovo (“EULEX” will certainly create heated debates in the political level, one may argue that the legal issues that are expected to be encountered when the Specialist Chambers will be operational, may be even more pressing. This is in consideration of the peculiar nature of the Specialist Chambers, which are meant to have their basis within the laws of Kosovo, but at the same time, be independent from them and from control of Kosovo authorities. The purpose of this article is to delineate the possible legal issues that might confront the Specialist Chambers of Kosovo. Its main argument is that, while the Specialist Chambers seem to follow the experience of other hybrid internationalised courts, it still differs from them in some aspects. The challenges that the new Specialist Chambers may need to tackle deal with its jurisdiction and position within the Kosovo Judicial system, and its legitimacy and legal basis.

  18. 25 CFR 16.3 - Legal representation in State courts.

    Science.gov (United States)

    2010-04-01

    ... Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PROBATE ESTATES OF INDIANS OF THE FIVE CIVILIZED TRIBES § 16.3 Legal representation in State courts. The statutory duties of the Secretary to... necessary to discharge said duties, with due regard to the complexity of the legal action contemplated, the...

  19. High Court Case Could Rein in Private Placements under IDEA

    Science.gov (United States)

    Walsh, Mark

    2007-01-01

    This article reports on starkly contrasting portraits of special education that the justices are sure to hear on the first day of the new U.S. Supreme Court term. In a case from New York City, the 1.1 million-student district argues that school officials made every attempt to provide an appropriate education plan under the federal Individuals with…

  20. Court Orders Citadel to Admit Women, but Provides Escape Clause.

    Science.gov (United States)

    Jaschik, Scott

    1995-01-01

    A highly divided federal appeals court has ordered that South Carolina allow a woman to enter the Citadel, an all-male military college, unless it establishes a comparable program for women or allows the Citadel to become a private institution. Litigation arose over the Citadel's rejection of a woman applicant. (MSE)

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

    African Journals Online (AJOL)

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

  2. Court Upholds Confidentiality of Research Records/Data.

    Science.gov (United States)

    Florio, David H.

    1980-01-01

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

  3. Judging Money: When Courts Decide How to Spend Taxpayer Dollars

    Science.gov (United States)

    Dunn, Josh; Derthick, Martha

    2007-01-01

    Since the 1970s, proponents of greater spending in disadvantaged school districts have pursued their goal through litigation in state courts. They have brought suits in 45 of the 50 states. These suits began with claims of equity, which sought to redistribute revenues from rich to poor districts. Disappointed with the results, within a decade the…

  4. 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.

  5. So You Want to Become a Supreme Court Justice?

    Science.gov (United States)

    Nicholanco, Edward

    1989-01-01

    Using a simulation of the constitutional procedures on appointment of U.S. Supreme Court justices, illustrates how the separation of powers established by the Constitution affects all three branches of government. Provides an outline of the simulation procedure, a lesson plan, and a brief bibliography. (LS)

  6. 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

  7. 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

  8. Wind-induced Vibrations in the European Court Towers

    DEFF Research Database (Denmark)

    Hansen, Jannick B.; Brincker, Rune; Andersen, Ken G.

    2012-01-01

    Issues regarding occupancy comfort in vibration-sensitive structures are the motivation of this study concerning windinduced vibrations in the European Court Towers in Luxembourg. In one of the two identical towers tuned liquid dampers (TLD) have been installed. Recent studies investigate the cha...

  9. 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.

  10. California court says disability benefits do not preclude suit.

    Science.gov (United States)

    1998-05-01

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

  11. Predicting Drug Court Treatment Completion Using the MMPI-2-RF

    Science.gov (United States)

    Mattson, Curtis; Powers, Bradley; Halfaker, Dale; Akeson, Steven; Ben-Porath, Yossef

    2012-01-01

    We examined the ability of the Minnesota Multiphasic Personality Inventory-2 Restructured Form (MMPI-2-RF; Ben-Porath & Tellegen, 2008) substantive scales to predict Drug Court treatment completion in a sample of individuals identified as being at risk for failure to complete the program. Higher scores on MMPI-2-RF scales…

  12. The Challenges Facing the International Criminal Court in ...

    African Journals Online (AJOL)

    This article examines the role of the International Criminal Court (ICC) in dealing with matters of genocide, crimes against humanity and war crimes that have increasingly become common phenomena in politics. Indeed, so far there is scanty detailed scholarly research that has been documented on the activities of the ICC.

  13. Effects of Juvenile Court Exposure on Crime in Young Adulthood

    Science.gov (United States)

    Petitclerc, Amelie; Gatti, Uberto; Vitaro, Frank; Tremblay, Richard E.

    2013-01-01

    Background: The juvenile justice system's interventions are expected to help reduce recidivism. However, previous studies suggest that official processing in juvenile court fails to reduce adolescents' criminal behavior in the following year. Longer term effects have not yet been investigated with a rigorous method. This study used propensity…

  14. 8 CFR 1003.11 - Administrative control Immigration Courts.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Administrative control Immigration Courts. 1003.11 Section 1003.11 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Office of the Chief Immigration Judge...

  15. COURT WITH A DIFFERENCE AND THE NEED TO REVIEW ITS ...

    African Journals Online (AJOL)

    Fr. Ikenga

    enactment of the National Industrial Court Act 2006 and the 1999 .... entitled to embark on any form of industrial action without faithful adherence to ... and not by Act or law respectively of the National Assembly or State House of ..... condition of service including health, safety, welfare of labour, employee, workers and matter.

  16. Abused and Neglected Children in the Juvenile and Family Courts.

    Science.gov (United States)

    White, Patricia J.

    1994-01-01

    Considers dilemma of juvenile and family court judges who decide whether it is in best interest of abused and neglected children to remain with parents or whether foster care or other substitute placement is necessary. Discusses changes in federal and state legislation over past decade. Includes views of children who have been in foster care. (NB)

  17. 76 FR 45007 - Sentencing Guidelines for United States Courts

    Science.gov (United States)

    2011-07-27

    ... report to Congress making recommendations on any statutory changes that may be appropriate to relevant...., Suite 2-500, South Lobby, Washington, DC 20002- 8002, Attention: Public Affairs--Priorities Comment. FOR... Supreme Court decisions have affected Federal sentencing practices, the appellate review of those...

  18. William A. Schabas, An Introduction to the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Anan A. Haidar

    2008-02-01

    Full Text Available As with previous editions, the third edition of Professor Schabas’ book presents a clear and understandable description of the establishment and operation of the International Criminal Court. He provides both a concise and coherent analysis of the Rome Statute’s substantive law and a clear guide to the relevant procedure.

  19. An Appreciative Inquiry into an Urban Drug Court: Cultural Transformation

    Science.gov (United States)

    Calabrese, Raymond; Cohen, Erik

    2013-01-01

    The purpose of this study was to use an appreciative inquiry (AI) theoretical research perspective and change methodology to transform the working relationships and cultural expectations of members through the discovery of their positive core leading to an optimistic and confidence-based future for an urban drug court. This study describes how…

  20. Manual for Courts-Martial, United States, 1984. 1994 Edition.

    Science.gov (United States)

    1994-01-01

    accused bedridden conspirator may knowingly furnish the was charged with attempted larceny, the offense of car to be used in a robbery. The joining of...witnesses, among others: children, persons with by the court-martial mental or physical disabilities, the extremely elderly , hostile wit- (a) Calling by

  1. D Erasmus and A Hornigold COURT SUPERVISED INSTITUTIONAL

    African Journals Online (AJOL)

    User

    the fact that prison authorities primarily focus on maintaining security in .... under the Chancery system, Masters in Chancery assisted the Chancellor in the ... It has been argued that policy making is a standard and legitimate function of .... need for a court-appointed manager or management team in the form of a special.

  2. Supreme Court Upholds Cal. Law Requiring Maternity Leaves.

    Science.gov (United States)

    Fields, Cheryl M.

    1987-01-01

    A recent United State Supreme Court ruling upheld a California law requiring employers to grant female employees up to four months of unpaid maternity leave and make reasonable efforts to reinstate them when they return to work. The decision and its implications are discussed. (MSE)

  3. Challenging Sex Discrimination Through the Courts: Maternity Leave Policies.

    Science.gov (United States)

    Pottker, Janice

    This study attempted to determine the extent to which school districts had brought their maternity leave policies into compliance with the latest Supreme Court ruling. The study also analyzed the maternity leave requirements of the Equal Employment Opportunities Commission (EEOC), and sought to determine which variables were associated with…

  4. 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.

  5. The Never Ending Fight; Court Ordered Parenting Plan | Anyogu ...

    African Journals Online (AJOL)

    This paper examines the legal principles, perspectives and dimensions relative to court ordered parenting in Nigeria with particular attention to the comparative positions at common law, under statute and within the realm of customary law. It also x-rays the sociological and psychological considerations and factors at play in ...

  6. overhauling the national industrial court act: a pathway to effective ...

    African Journals Online (AJOL)

    DJFLEX

    GLOBAL JOURNAL OF SOCIAL SCIENCES VOL 9, NO. 1, 2010: ... PATHWAY TO EFFECTIVE LABOUR DISPUTE SETTLEMENT IN ... For more than four (4) decades, labour ... settlement machinery provides meaningful approach to ..... economy. The National Industrial Court Act 2006 would have very positive effect on our ...

  7. How the Courts Deal with Bullying in Schools

    Science.gov (United States)

    Diamantes, Thomas

    2010-01-01

    School officials have a difficult time dealing with cases of bullying. Often, it is one student's word against another. Also, many victims of bullying are reluctant to report instances for fear of retribution. As in sexual harassment cases, school officials need to be seen doing something about the problem. Courts view indifference to these…

  8. Withdrawal from the International Criminal Court: Does Africa have ...

    African Journals Online (AJOL)

    After a century in the making, the International Criminal Court (ICC) came into existence in 2002 with an overwhelming number of states ratifying the Rome Statute. With 34 signatories, Africa is the largest contributor in the Assembly of State Parties, yet Africa has become its severest critic. As threats of withdrawal become a ...

  9. Koblenz Higher Administrative Court reproaches complainants with abusing legal protection

    International Nuclear Information System (INIS)

    Anon.

    1981-01-01

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

  10. Screening for Patent Quality : Examination, Fees, and the Courts

    NARCIS (Netherlands)

    Schankerman, Mark; Schütt, Florian

    2016-01-01

    We develop an integrated framework to study how governments can improve the quality of patent screening. We focus on four key policy instruments: patent office examination, pre- and post-grant fees, and challenges in the courts. We show that there are important complementarities among these

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

    Science.gov (United States)

    Zirkel, Perry A.

    2016-01-01

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

  12. Multilingualism as a Principle of the EU Court of Justice

    Directory of Open Access Journals (Sweden)

    Karina Kh. Rekosh

    2014-01-01

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

  13. Superhabitable worlds.

    Science.gov (United States)

    Heller, René; Armstrong, John

    2014-01-01

    To be habitable, a world (planet or moon) does not need to be located in the stellar habitable zone (HZ), and worlds in the HZ are not necessarily habitable. Here, we illustrate how tidal heating can render terrestrial or icy worlds habitable beyond the stellar HZ. Scientists have developed a language that neglects the possible existence of worlds that offer more benign environments to life than Earth does. We call these objects "superhabitable" and discuss in which contexts this term could be used, that is to say, which worlds tend to be more habitable than Earth. In an appendix, we show why the principle of mediocracy cannot be used to logically explain why Earth should be a particularly habitable planet or why other inhabited worlds should be Earth-like. Superhabitable worlds must be considered for future follow-up observations of signs of extraterrestrial life. Considering a range of physical effects, we conclude that they will tend to be slightly older and more massive than Earth and that their host stars will likely be K dwarfs. This makes Alpha Centauri B, which is a member of the closest stellar system to the Sun and is supposed to host an Earth-mass planet, an ideal target for searches for a superhabitable world.

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

    Directory of Open Access Journals (Sweden)

    Jimly Asshiddiqie

    2015-07-01

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

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

    National Research Council Canada - National Science Library

    Rutkus, Denis S

    2007-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Andi Mardiana

    2015-06-01

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

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

    African Journals Online (AJOL)

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

  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. Court of Appeals: EME Homer City Generation, L.P. v. Environmental Protection Agency, et al.

    Science.gov (United States)

    On January 24, 2013, the United States Court of Appeals for the D.C. Circuit denied EPA's petition for rehearing en banc of the Court's August 2012 decision to vacate the Cross-State Air Pollution Rule.

  20. 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.

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

    OpenAIRE

    Mardiana, Andi; Darwis, Rizal

    2015-01-01

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

  2. 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

  3. 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

  4. The Story and Significance of Prince Chanhua Offering Tribute to and Requesting a New Title from the Qing Court in the Early Qing Period

    Institute of Scientific and Technical Information of China (English)

    DengRuiling; ChenGuansheng

    2003-01-01

    On the basis of Chinese and Tibetan historical materials, Mr. Z. Ahmad in his Sino-Tibetan Relations in the 17th Century, published in 1970, gave a description of Prince Chanhua(lit. Prince of the Propagation of the Doctrine of the Buddha)repeatedly requesting a new title from the Qing court during the reign of Emperor Shunzhi.

  5. From the nuclear world

    International Nuclear Information System (INIS)

    Anon.

    2017-01-01

    This document gathers pieces of information from around the world concerning nuclear industry. The most relevant ones are the following. AREVA NP and EDF have created a new society EDVANCE to combine their engineering teams in the fields of reactor core design and construction. The German Constitutional Court considers as illegal the nuclear fuel tax that was implemented in 2010 to balance public finance and fund the remediation of the Ass salt mine. In France on the Tricastin AREVA's site the ATLAS laboratory has opened its doors, it is the laboratory that will perform all the environmental and industrial analyses of this site. In Japan the reactors 3 and 4 of the Takahama power plant have resumed operations. Today 5 nuclear power reactors are operating on Japanese soil. The Indian government has announced its intention to build heavy water cooled nuclear reactors based on an Indian design. 22 reactors are operating in India representing a total of 6780 MW and 5 others are being built. According to the 'SMR Start' consortium public-private partnership contracts have to be promoted in order to launch the small modular reactor (SMR) technology. (A.C.)

  6. The Study about the Influence of the Pop Culture for the Japanese Fashion : The Historical Materials Collection about the Connection of Japanese Fashion and Pop Cultures after World War II

    OpenAIRE

    田中, 里尚; 中村, 仁; 梅原, 宏司; 齋木, 吉隆; 古賀, 令子

    2010-01-01

    The purpose of this research collect and arrange documents and historical materials to determine how pop culture influenced the fashion in Japan after World War II. In 2010, we firstly collected previous fashion and popular culture studies done in foreign countries. We found many intriguing studies, but we came upon one which was particularly noteworthy. As a means of clarifying the relationship between fashion and pop culture, we collected books written by Angela McRobbie. Second, we collect...

  7. THE USE OF AVIATION ACCIDENT INVESTIGATION REPORTS AS EVIDENCE IN COURT

    Directory of Open Access Journals (Sweden)

    Sorana POP PĂUN

    2016-05-01

    Full Text Available Air transport is an essential part of the international society, constituting a liaison between people and continents and an important contributor to the world economy and globalization. Aircraft operation has grown in complexity needing for a safety level to be maintained and constantly grown. Along with the development of the aviation industry, the legal system in the aviation field has registered significant challenges, one of them being the claims related to air crashes which are contested. The investigation process of an accident or incident has become not only important for the safety of operations but also to the establishment of legal fault and blame. The article proposes to present the principles of conducting and accident and incident investigation, the value of the report and new developments in relation to the recent case law on the use of the accident investigation report in Court.

  8. Federal Court of Administration dismissed appeals in nuclear power plant proceedings

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    On July 18, 1980 the Federal Court of Administration handed down several decisions made in proceedings on nuclear power stations. It dismissed the appeal field by the complaining party. 1. In the proceedings concerning the Kruemmel reactor being about to be completed, the World Association for the Protecteion of Life was again denied the right to file a complaint. 2. In the proceedings concerning the nuclear power station under construction at Muelheim-Kaerlich, the objections raised were regarded as being insufficient for repealing the licence. 3. In the proceedings concerning the nuclear power staion at Wyhl which has not been built yet, the objections raised were declared not to be sufficiently substantiated in time. The written opinions of all proceedings are not yet available. (HSCH) [de

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

    Directory of Open Access Journals (Sweden)

    Salma Marija

    2011-01-01

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

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

    Science.gov (United States)

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

    2006-01-01

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

  11. 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...

  12. 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...

  13. 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...

  14. 5 CFR Appendix A to Subpart F of... - Recommended Language for Court Orders Dividing Employee Annuities

    Science.gov (United States)

    2010-01-01

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

  15. 29 CFR 790.22 - Discretion of court as to assessment of liquidated damages.

    Science.gov (United States)

    2010-07-01

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

  16. 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

  17. 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…

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

    African Journals Online (AJOL)

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

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

    Science.gov (United States)

    Carcasson, Martin; Aune, James Arnt

    2003-01-01

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

  20. 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...

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

    Science.gov (United States)

    Magwood, Ayo; Ferraro, Krista Fantin

    2013-01-01

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

  2. 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…

  3. 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

  4. World Wind

    Data.gov (United States)

    National Aeronautics and Space Administration — World Wind allows any user to zoom from satellite altitude into any place on Earth, leveraging high resolution LandSat imagery and SRTM elevation data to experience...

  5. World science

    International Nuclear Information System (INIS)

    Anon.

    1989-01-01

    The aim of the Third World Network of Scientific Organizations (TWNSO), established last year with its headquarters in Trieste, Italy, is to promote the role of science and technology in developing countries. TWNSO, under the presidency of Abdus Salam, is an offshoot of the Third World Academy of Sciences, which has pushed the cause of international scientific collaboration since its establishment in 1983. (orig./HSI).

  6. [The constribution of Justyne Siegemundin, the midwife of the Brandenburg court, to the development of the obstetrics at XVII century].

    Science.gov (United States)

    Kraśnianin, Elzbieta; Semczuk, Andrzej

    2006-12-01

    From the beginning of the world assisting during childbirth was and is the women's domain. On the evolution this profession composed of many famous midwifes. Into this group unquestionably we can count Justine Siegemundin (1636-1705), midwife-self-taught person. Her activity contributed to rise the obstetrics knowledge in XVII century. Justine Siegemundin, the midwife of the Brandenburg court, published in 1690 a book describing a surgical trick still bears her name today. It is called the "double hold"--"Gedoppelter Handgriff", or "Siegemundin-Handgriff". This book counts as on the most important milestones of obstetrics history.

  7. Proceedings of the 3rd World Congress on Integrated Computational Materials Engineering (ICME 2015). Held in Colorado Springs, CO on May 31-June 4, 2015

    Science.gov (United States)

    2016-06-28

    Xin Sun - Proceedings 5f. WORK UNIT NUMBER 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) 8. PERFORMING ORGANIZATION The Minerals Metals...on Integrated Computational Materials Engineering (ICME) was organized by The Minerals , Metals, and Materials Society (TMS) and held in Colorado...Springs, Colorado from May 31- June 4, 2015. ONR support in the an1otmt of$15,000 was provided to support the planning , execution, and dissemination of

  8. Silk, porcelain and lacquer: China and Japan and their trade with Western Europe and the New World, 1500-1644. A survey of documentary and material evidence

    OpenAIRE

    Llorens Planella, Maria Teresa (Teresa Canepa)

    2015-01-01

    This dissertation focused on the prolific early European trade and consumption of three Asian manufactured goods: Chinese silk and porcelain, and Japanese lacquer in the sixteenth and early seventeenth centuries, and has shown how the material cultures of late Ming China and Momoyama/early Edo Japan became inextricably linked with the West. Multiple sources provided new and unexpected documentary and material evidence of this trade by the Iberian Kingdoms of Portugal and Spain, and the tradin...

  9. [The Cagliari (Italy) Court authorizes the preimplantation genetic diagnosis].

    Science.gov (United States)

    Jorqui Azofra, María

    2007-01-01

    Today, preimplantation genetic diagnosis (PGD) has been greatly accepted within the framework of positive law of many European countries. Nevertheless, in other countries, such as Italy, it is forbidden by law. The ruling of the Civil Court of Cagliari which has authorized its use to a Sardinian couple, has opened, in this way, a small crack to be able to asses possible modifications to the Italian regulation on this matter. This article analyses the ruling of the Civil Court of Cagliari (Italy) from an ethical and legal perspective. The criteria which is used to analyse the legitimacy or illegitimacy of the practice of PGD is analysed. That is, on reasons which could justify or not the transfer of embryos in vitro to the woman. With this objective in mind, the Italian and Spanish normative models which regulates this controversial subject are looked at. As a conclusion, a critical evaluation of the arguments presented is made.

  10. Nuclear power and legal advocacy: the environmentalists and the courts

    International Nuclear Information System (INIS)

    Cook, C.E.

    1980-01-01

    The US nuclear power industry began to stop growing in 1977, two years before the accident at Three Mile Island. This book examines the regulatory and judicial policymaking associated with nuclear power, with special attention given to the role of legal advocacy by interest groups. Research for the study had three goals: (1) a comparative analysis of the antinuclear environmental groups and the nuclear industry; (2) a determination of the policital strategy used by each interest group and the reasons for its choice of strategy in the course of litigation; and (3) an analysis of the role of the judiciary in the nuclear power controversy. The study focuses on the controversy surrounding the construction of a nuclear plant in Midland, Michigan as a representative case study to illustrate the role of interest groups, regulators, and the courts. The appendix lists related court cases. 170 references

  11. The family v. the family court: sterilisation issues.

    Science.gov (United States)

    Petersen, K

    1992-06-01

    Parents as guardians of minor children have the right and duty to give and withhold consent to medical treatment when the treatment is neither routine nor urgent. Parental authority, however, is not absolute and dwindles as the child gradually matures. In general, teenagers can give consent to medical treatment if they understand the nature and consequences of the proposed treatment. The diminution of parental authority is based on the premise that the child will eventually become autonomous. In cases where a sterilisation or hysterectomy procedure is being considered for a severely intellectually disabled teenager the question of consent is most contentious. Should this power belong to parents or the state? This paper examines some recent Family Court cases concerning this issue and also addresses questions about human rights, medical autonomy and the role of the Family Court. Finally, a proposal for an alternative means of decision-making in these cases is briefly outlined.

  12. Key performance indicators for Australian mental health court liaison services.

    Science.gov (United States)

    Davidson, Fiona; Heffernan, Ed; Greenberg, David; Butler, Tony; Burgess, Philip

    2017-12-01

    The aim of this paper is to describe the development and technical specifications of a framework and national key performance indicators (KPIs) for Australian mental health Court Liaison Services (CLSs) by the National Mental Health Court Liaison Performance Working Group (Working Group). Representatives from each Australian State and Territory were invited to form a Working Group. Through a series of national workshops and meetings, a framework and set of performance indicators were developed using a review of literature and expert opinion. A total of six KPIs for CLSs have been identified and a set of technical specifications have been formed. This paper describes the process and outcomes of a national collaboration to develop a framework and KPIs. The measures have been developed to support future benchmarking activities and to assist services to identify best practice in this area of mental health service delivery.

  13. [Verdict of the Federal Constitutional Court on term regulation].

    Science.gov (United States)

    Rieger, H J

    1975-03-21

    The decision of the West German Constitutional Court on legal aborti on is discussed. In its decision of 25 February, 1975, the court declar ed that after the 14th day after conception (implantation) the fetus is considered a legal entity, and since human development is a continuous process, legal protection of the unborn extends for the entire duration of pregnancy. When the woman "cannot be expected" to continue the pregnancy, however, abortion is permitted. This exception includes danger to the life or health of the mother, risk of serious hereditary disease or other congenital abnormality, and pregnancy due to rape or in cest; in cases of serious need, in which social and economic damage to existing children may be expected, the presiding judge may dismiss the case. Until new legislative action is taken, there are several areas of uncertainty in the legal situation of pregnancy interruption.

  14. Responsibility of the administration and control by the courts

    International Nuclear Information System (INIS)

    Papier, H.J.

    1987-01-01

    This contribution examines the scope of control of the administrative courts by closer looking at the field of tension between the demand for more protection of the individual's right, and for more indicial control on the other hand. One proposal for solving the problem is that the legislature might restrict judicial control to watching over the principle of justifiability, and there are other suggestions discussed that seek solutions in the field of procedural law, or substantive law. Other aspects discussed include a curtailment of the scope of discretion of authorities, or of local governments. As for years now there hasn't been any nuclear power plant that could start operation on the basis of uncontested licences, the administrative legal protection in this field seems to be disfunctional. The courts themselves can contribute a lot to preventing disfunctionality, but the legislature is mainly responsible for this development, and should be the first to counteract. (HSCH) [de

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

    Science.gov (United States)

    Wasileski, Gabriela

    2015-06-18

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

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

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

    This judgement of the OVG Lueneburg (Sup. Adm. Court) decided over the action for annulment of the second part-construction permit for Kruemmel nuclear power plant. Upon the action of the appellant, the OVG partly cancelled the ''design concept license'' for the nuclear power plant and, regarding the remaining items of the appeal, dismissed the appeal. The Court decided that the license for a nuclear power plant design concept is binding for a licensing authority in as much as the following part-construction permits have to be based on the fulfilment of section 7, sub-section 2, no. 3 of the Atomic Energy Act, as far as the plant components to be licensed comply with the licensed concept and are not subject to the conditions of section 17, sub-sections 2-5 of the Atomic Energy Act. This binding effect at the same time leads to the possibility of third parties being affected. (HP) [de

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

    DEFF Research Database (Denmark)

    Godzimirska, Zuzanna; Creamer, Cosette

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

  18. The implications of the Supreme Court's California nuclear moratorium decision

    International Nuclear Information System (INIS)

    Brown, O.F.; Davis, E.M.

    1983-01-01

    A decision of 20 April 1983 of the US Supreme Court, upholding a moratorium imposed by the State of California against new construction of nuclear plants until certain conditions are met, is being hailed by critics of nuclear power as a defeat for the nuclear and electric utility industries. The authors in their commentary of the decision disagree with this interpretation and believe that its impact is limited in scope and there are some positive aspects with respect to the decision. They furthermore consider that the recently enacted Nuclear Waste Policy Act at the federal level would seem to satisfy state requirements for the availability of nuclear waste disposal and that the future of nuclear power will depend more on its relative economics than on this court decision. (NEA) [fr

  19. 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

  20. World Hunger Issues.

    Science.gov (United States)

    Czarra, Fred R.; Long, Cathryn J., Eds.

    1983-01-01

    Activities help high school students become aware of the extent of world hunger and the place of population control in the fight against hunger. The materials offer the student background information and a variety of viewpoints. The aim of each activity is to increase the student's own informed decision making. (CS)

  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. When Should Neuroimaging be Applied in the Criminal Court?

    DEFF Research Database (Denmark)

    Ryberg, Jesper

    2014-01-01

    When does neuroimaging constitute a sufficiently developed technology to be put into use in the work of determining whether or not a defendant is guilty of crime? This question constitutes the starting point of the present paper. First, it is suggested that an overall answer is provided by what i......-suited for delivering the sort of theoretical guidance that is required for assessing the desirability of using neuroimaging in the work of the criminal court....

  3. A History of Court and Commoner Clothing in Vietnam

    Directory of Open Access Journals (Sweden)

    Liam C. Kelley

    2016-09-01

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

  4. A PLEADING IN FAVOUR OF THE CONSTITUTIONAL COURT

    Directory of Open Access Journals (Sweden)

    Valentina BĂRBĂŢEANU

    2016-05-01

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

  5. Ambient Response Analysis of the Heritage Court Tower Building Structure

    DEFF Research Database (Denmark)

    Brincker, Rune; Andersen, Palle

    2000-01-01

    In this paper an ambient response analysis of the Heritage Court Building structure is presented. The work is a part of a blind test organized by Professor Carlos Ventura, University of British Columbia. The response data were analyses using two different techniques: a non-parametric based on Fre...... modes, natural frequencies identified by the two techniques shoved good agreement, mode shape estimates were nearly identical, and damping ratios reasonably close and around 1-2% in the most cases....

  6. Social cohesion and civil law: marriage, divorce and religious courts

    OpenAIRE

    Douglas, Gillian; Doe, Christopher Norman; Gilliat-Ray, Sophie; Sandberg, Russell; Khan, Asma

    2011-01-01

    This Cardiff University study of religious courts and tribunals across the UK has been funded by the AHRC/ESRC Religion and Society Programme. The project, „Social Cohesion and Civil Law: Marriage, Divorce and Religious Courts‟, explores how religious law functions alongside civil law in England and Wales.\\ud The context, though not the catalyst, for our study, is the lecture given by the Archbishop of Canterbury in 2008 on the relationship between religious law - primarily though not exclusi...

  7. Ambient Response Analysis of the Heritage Court Tower Building Structure

    DEFF Research Database (Denmark)

    Brincker, Rune; Andersen, Palle

    2000-01-01

    In this paper an ambient response analysis of the Heritage Court Building structure is presented. The work is a part of a blind test organized by Professor Carlos Ventura, University of British Columbia. The response data were analyses using two different techniques: a non-parametric based...... modes, natural frequencies identified by the two techniques shoved good agreement, mode shape estimates were nearly identical, and damping ratios reasonably close and around 1-2% in the most cases....

  8. Circuit courts clash over HIV in the workplace.

    Science.gov (United States)

    1997-09-19

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

  9. WOMEN, CRIME AND THE SECULAR COURT IN EIGHTEENTH CENTURY CLUJ

    Directory of Open Access Journals (Sweden)

    Andrea Fehér

    2015-12-01

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

  10. World energy

    International Nuclear Information System (INIS)

    Curtis, D.L.

    1990-01-01

    Three major concerns face mankind's future: the impending energy crisis as caused by the depletion of the world's fossil fuel reserves, world atmospheric pollution as caused by the burning of these fuels, and mankind's destruction if the vast energy contained in nuclear weapons stockpiles is released in a global conflict. This paper describes an ambitious, combined solution to these problems by the use of deep underground detonations of thermonuclear devices/bombs to provide a virtually pollution free, world energy source into the far distant future, while achieving a significant increase in mutual trust between the superpowers and all nations. The key is believed to be thermonuclear geothermal stimulation to produce the electrical power needed for a hydrogen economy

  11. World armament

    International Nuclear Information System (INIS)

    Stolle, H.

    1977-01-01

    Summary of consequences on: Armament expenditure of the world, arms trade, arms race and nuclear weapon arsenals, nuclear weapon proliferation, nuclear safety controls, nuclear carrier systems, international nuclear trade, nuclear weapon accidents, chemical wars, war law, ecological wars, armament limitations. (HP) [de

  12. Spinning worlds

    NARCIS (Netherlands)

    Schwarz, H.

    2017-01-01

    The thesis "Spinning Worlds" is about the characterisation of two types of gas-giant exoplanets: Hot Jupiters, with orbital periods of fewer than five days, and young, wide-orbit gas giants, with orbital periods as long as thousands of years. The thesis is based on near-infrared observations of 1

  13. Small world, big results : nanotechnology and forest products are teaming up to create the ?material of the 21st century?-?coated paper and paperboard

    Science.gov (United States)

    Phil Jones; T. H. Wegner

    2007-01-01

    At its fundamental level, wood is made up of nanodimensional cellulose nanocrystalline fibrils that have extremely high strength?approximately 25% the strength of carbon nanotubes. Because of this, plus our emerging ability to manipulate cell wall nano- dimensional architecture and functionality, the abundance of lignocellulosic materials, and our emerging ability to...

  14. "I Know This Is Supposed to Be More Like the Real World, but . . .": Student Perceptions of a PBL Implementation in an Undergraduate Materials Science Course

    Science.gov (United States)

    Henry, Holly R.; Tawfik, Andrew A.; Jonassen, David H.; Winholtz, Robert A.; Khanna, Sanjeev

    2012-01-01

    This qualitative case study examines the initial implementation of a problem-based version of an undergraduate course in materials science for the purpose of identifying areas of improvement to the curriculum prior to a planned second implementation. The course was designed around problems that students work in small teams to solve under the…

  15. Silk, porcelain and lacquer : China and Japan and their trade with Western Europe and the New World, 1500-1644. A survey of documentary and material evidence

    NARCIS (Netherlands)

    Llorens Planella, Maria Teresa (Teresa Canepa)

    2015-01-01

    This dissertation focused on the prolific early European trade and consumption of three Asian manufactured goods: Chinese silk and porcelain, and Japanese lacquer in the sixteenth and early seventeenth centuries, and has shown how the material cultures of late Ming China and Momoyama/early Edo Japan

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

    NARCIS (Netherlands)

    Knook, A.D.L.

    2009-01-01

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

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

    DEFF Research Database (Denmark)

    Faeh, Andrea Beata

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Barbora Hola

    2016-12-01

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

  19. 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?

  20. Court representation in Russia before 1917 (historical aspect

    Directory of Open Access Journals (Sweden)

    Konstantin V. Ilyashenko

    2015-12-01

    Full Text Available Objective basing on the research and analysis of the legislation historical legal sources and other materials to study the process of formation and development of the institution of legal representation in Russia before 1917. Methods the theoretical basis of research is the works of Russian scientists on various aspects of formation development and functioning of the institution of legal representation in Russia from ancient times till 1917. The methodological basis of the research is general scientific methods historical formallogical system and general logical methods analysis synthesis induction and deduction synthesis analogy abstraction. Historicallegal formallegal logicallegal comparative legal methods were applied in the study. The author used the retrospective approach to the study of the issues of legal representation in Russia. Results basing on analysis of normative legal acts regulating relations in the sphere of judicial representation and various doctrinal sources the author has examined the process of the formation and development of the legal representation institution in Russia before 1917 raised the question of providing legal assistance in prerevolutionary Russia. An analogy is drawn between the prerevolutionary legal regulation of the legal representation institution and the modern legislation regulating this legal institution. The conclusion is made about the inadequacy of prerevolutionary legislation regulating relations in the sphere of judicial representation as well as the modern legal regulation of relations in this sphere. It is established that the judicial reform of 1864 improved regulation in this sphere but still did not solve all the problems in this area. The relevance of the study is due to the topicality and the constitutional importance of legal representation for the entire Russian society the need to examine the origins of this legal phenomenon as well as the fact that the institution of legal representation

  1. Quantum Worlds

    Directory of Open Access Journals (Sweden)

    Jeffrey A. Barrett

    2016-09-01

    Full Text Available http://dx.doi.org/10.5007/1808-1711.2016v20n1p45 Because of the conceptual difficulties it faces, quantum mechanics provides a salient example of how alternative metaphysical commitments may clarify our understanding of a physical theory and the explanations it provides. Here we will consider how postulating alternative quantum worlds in the context of Hugh Everett III’s pure wave mechanics may serve to explain determinate measurement records and the standard quantum statistics. We will focus on the properties of such worlds, then briefly consider other metaphysical options available for interpreting pure wave mechanics. These reflections will serve to illustrate both the nature and the limits of naturalized metaphysics.

  2. Third World

    Energy Technology Data Exchange (ETDEWEB)

    K, Peng K

    1980-12-01

    The disparity between the consumption patterns of industrialized and Third World countries reflects an increase in the numbers of people living in poverty who have yet to achieve basic needs. Third World planning, encouraged by transnational companies, too often model their development goals on importing artificial life styles. This exploits poor nations by creating unrealistic demands as well as by creating a market for products that are unacceptable elsewhere. The health and environmental effects of these practices prompted the formation of consumers' association of Penang (CAP), which is trying to make people aware of the need to give basic needs the highest priority. The CAP handles complaints, tests products, and studies the socio-economic-environmental implications of development as well as conducting a far-ranging educational program. Its procedures can be adapted by any country to examine consumer awareness and to press for social reform. (DCK)

  3. Hello, World!

    Science.gov (United States)

    Green, Janice

    1979-01-01

    Describes a program for teaching foreign languages in the elementary school classroom. Presents curriculum materials in three areas (vocabulary and contextual, language, and cultural) for grades K-3 and 4-6. (JMB)

  4. Microalloyed HSLA (High Strength Low Alloy) Steels: Proceedings of Microalloying 󈨜 Held in Conjunction with the 1988 World Materials Congress, Chicago, Illinois, USA, 24-30 September 1988

    Science.gov (United States)

    1988-01-01

    strongly with other building construction materials particularly in situ , or reinforced concrete. A number Solid Hot 930-338 370-520 0.10-0.20 Mn up to of...e Agua In: XXXIX Oliveira, E.Q.. Experience in The Metallurgical Congresso Anual - ABM. Proceedings, Belo Design and Production of HSLA Steels in a...frac- these dual-phase steels. ture was observed by Im situ techniques under a HITACHI S-570 scanning electron microscope EXP REIIENTAL XfATERIALS

  5. Illinois court seeks new course in AIDS phobia cases.

    Science.gov (United States)

    1997-07-25

    The Illinois Court of Appeals ruled that plaintiffs cannot be compensated for negligent infliction of emotional distress unless there is a substantial, medically-verifiable possibility of contracting HIV. The new standard will impact a growing body of case law requiring plaintiffs to show that the fear of AIDS was predicated on actual exposure to the virus. Under the actual exposure rule, a plaintiff who injures himself with a hypodermic needle that had been used on an HIV-positive hospital patient could recover damages; another plaintiff whose needle puncture cannot be traced to HIV contamination could not be compensated. In Doe v. Northwestern University, six plaintiffs who received dental care from a university dental student who tested positive for HIV antibodies sued the university, alleging negligence. Although the plaintiff's fears of HIV infection were reasonable, the court found that they were not severe enough to warrant tort compensation since the plaintiffs had nothing to support their claims. In the case of [name removed] v. [Name removed], a medical clinic office manager, cut herself on a bloodstained scalpel left in a trash can by Dr. [name removed]. Eight months following the incident, [name removed] died of AIDS-related causes. Mrs. [Name removed] would have been entitled to recover damages under the actual exposure test; however, the case would not have prevailed under the Northwestern standard because it was known that Mrs. [Name removed] tested negative twice prior to learning of [name removed]'s AIDS diagnosis. Controversy within the Illinois courts about the actual exposure rule continues.

  6. Court upholds $405,000 award against blood banking industry.

    Science.gov (United States)

    1995-06-30

    The New Jersey Superior Court has ruled that the American Association of Blood Banks (AABB), the nation's largest blood bank trade group, was negligent during the early 1980s when it recommended that blood banks not screen and test donors to reduce the chance of HIV contamination of the nation's blood supply. [Name removed], who received HIV-contaminated blood in 1984 as a result of a transfusion at St. Joseph's Hospital in Paterson, sued and reached out-of-court settlements with his doctors and the Bergen Community Blood Center, which provided the blood. Only the AABB suit proceeded to trial, with the jury finding that one-third of the damages were attributable to the AABB's actions. In 1983, the Centers for Disease Control and Prevention (CDC) suggested that blood banks might reduce the risk of AIDS entering the blood supply by using the surrogate hepatitis B test. The AABB, the American Red Cross, and the Council of Community Blood Centers recommended against testing, saying that evidence of transmission by blood was inconclusive and unproven. In March 1985, the AABB adopted the ELISA test. This is the first time the AABB has been held responsible; the AABB said it may appeal the decision. The court disagreed with AABB's claim that it was immune from liability because it was a charity, saying it also performs a critical governance function in respect of the operation of blood banks. The decision puts considerable liability for the U.S. cases of HIV contracted through tainted blood transfusions on the AABB.

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

    Directory of Open Access Journals (Sweden)

    Mandeep K. Dhami

    2013-09-01

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

  8. 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.

  9. 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.

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

    Science.gov (United States)

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

    2017-08-01

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

  11. Psychiatric aspects of contempt of court among women.

    Science.gov (United States)

    d'Orbán, P T

    1985-08-01

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

  12. The International Criminal Court and Peace Processes in Africa

    DEFF Research Database (Denmark)

    Gissel, Line Engbo

    justice, while also tracing how and why international decision-making processes interfered with the negotiations, narrated the conflicts and insisted on a narrow scope of justice. Building on this interpretive analysis, a comparative analysis of peace processes in Uganda, Kenya and Colombia explores a set......The book investigates how involvement by the International Criminal Court (ICC) affects efforts to negotiate peace. It offers an interpretive account of how peace negotiators and mediators in two peace processes in Uganda and Kenya sought to navigate and understand the new terrain of international...... of general features pertaining to the judicialisation of peace....

  13. Mental health courts: serving justice and promoting recovery.

    Science.gov (United States)

    Wren, Ginger Lerner

    2010-01-01

    This article begins and ends with a call for more empirical research to understand the connection between societal views of mental illness and the legal system. The author asserts that changing social perceptions of mental illness certainly affect legal outcomes and commitment levels, but the degree remains unknown. This article explores the above two topics through the framework of the Circuit Court 'split' regarding the Constitutional rights of persons committed to state mental health institutions. A main facet of the 'split' is centered on the Circuits' disagreement about whether or not all mentally ill patients committed to institutions deserve the same Constitutional protections.

  14. Explaining the judicial independence of international courts: a comparative analysis

    DEFF Research Database (Denmark)

    Beach, Derek

    What factors allow some international courts (ICs) to rule against the express preferences of powerful member states, whereas others routinely defer to governments? While judicial independence is not the only factor explaining the strength of a given international institution, it is a necessary...... condition. The paper first develops three sets of competing explanatory variables that potentially can explain variations in the judicial independence of ICs. The causal effects of these explanatory variables upon variance in judicial independence are investigated in a comparative analysis of the ACJ, ECJ...

  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 Unified Patent Court (UPC), Compulsory Licensing and Competition Law

    DEFF Research Database (Denmark)

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

    2014-01-01

    Competition law and rules on compulsory licensing are considered as indispensable instruments to balance patent rights. In this article, we examine the room for using such balancing instruments in the context of the UPC. We analyse whether the balancing instruments will remain applicable...... that the UPC is likely to be less inclined to use them. To redress that problem we suggest that the UPC acknowledges the institutional biases of the court and looks for ways to include other values and interests than the proprietary values and interests of patent law....

  17. The regime for nuclear materials and the competence of the Communities to conclude international agreements

    International Nuclear Information System (INIS)

    Puissochet, J.-P.

    1978-01-01

    This is a commentary of a Decision handed down on 14 November 1978 by the Court of Justice of the European Communities. The Court was invited to decide whether it was necessary for the European Atomic Energy Community (Euratom) to take part in the negociations on the Convention on the Physical Protection of Nuclear Materials, Installations and Transport. In its Decision, the Court considered that the negotiations covered certain aspects within the sole competence of Euratom (in particular concerning supply). Euratom should therefore participate in the Convention on this basis. The author analyses the relevant provisions of the Euratom Treaty and expresses reservations on certain conclusions reached by the Court. (NEA) [fr

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

    Directory of Open Access Journals (Sweden)

    Carolina Anello

    2014-03-01

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

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

    OpenAIRE

    Alba Betancourt, Ana

    2016-01-01

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

  20. 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.

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

    Science.gov (United States)

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

    2012-12-01

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

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

    OpenAIRE

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

    2011-01-01

    On November 2, 2010, the US Supreme Court heard arguments in the case of Schwarzenegger v Entertainment Merchants Association, with a ruling expected in 2011. This case addressed whether states have the right to restrict freedom of speech by limiting the sale of violent video games to minors. To date, 8 states have tried to pass legislation to this effect, with all attempts being found unconstitutional by lower courts. In large part, the Supreme Court's decision will be determined by its revi...

  3. 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…

  4. Study of the Durability of Doped Lanthanum Manganite and Cobaltite Cathode Materials under ''Real World'' Air Exposure Atmospheres

    Energy Technology Data Exchange (ETDEWEB)

    Singh, Prabhakar [Univ. of Connecticut, Storrs, CT (United States); Mahapatra, Manoj [Univ. of Connecticut, Storrs, CT (United States); Ramprasad, Rampi [Univ. of Connecticut, Storrs, CT (United States); Minh, Nguyen [Univ. of California, San Diego, CA (United States); Misture, Scott [Alfred Univ., NY (United States)

    2014-11-30

    The overall objective of the program is to develop and validate mechanisms responsible for the overall structural and chemical degradation of lanthanum manganite as well as lanthanum ferrite cobaltite based cathode when exposed to “real world” air atmosphere exposure conditions during SOFC systems operation. Of particular interest are the evaluation and analysis of degradation phenomena related to and responsible for (a) products formation and interactions with air contaminants, (b) dopant segregation and oxide exolution at free surfaces, (c) cation interdiffusion and reaction products formation at the buried interfaces, (d) interface morphology changes, lattice transformation and the development of interfacial porosity and (e) micro-cracking and delamination from the stack repeat units. Reaction processes have been studied using electrochemical and high temperature materials compatibility tests followed by structural and chemical characterization. Degradation hypothesis has been proposed and validated through further experimentation and computational simulation.

  5. 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.

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

    International Nuclear Information System (INIS)

    2012-01-01

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

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

    Science.gov (United States)

    King, Michael S

    2008-12-01

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

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

    DEFF Research Database (Denmark)

    Butler, Graham

    2015-01-01

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

  9. Faculty, Copyright Law and Online Course Materials

    Science.gov (United States)

    Sweeney, Phyllis C.

    2006-01-01

    Copyright and fair use laws that regulate educational materials seem to be fairly well understood by the U.S. courts and educators for use in face-to-face (f2f) classrooms (Post and Trempus, 1998). Ever-changing revisions to these laws blur the distinction between tangible and intangible materials shared with students in f2f, online and hybrid…

  10. The nuclear power station verdicts in the Freiburg administrative court and the Wuerzburg administrative court in March 1977

    International Nuclear Information System (INIS)

    Haeusler, D.

    1977-01-01

    The verdicts which followed in rapid sequence by the Freiburg Administrative Court on the 14th March 1977 in the dispute about the Wyhl nuclear power station, and by the 25th March concerning the dispute about the Grafenrheinfeld nuclear station have attracted special interest because of their controversial judgements on the requirement for a 'burst-protection'. But they also demonstrate in the further decisions and their bases that there are still many legal questions in atom law which have not yet been made absolutely clear. The author attemps to show points of agreement and of antithesis in the verdicts, and adopts an attitude. (orig.) [de

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

    Science.gov (United States)

    Pereira, Daniel J; Kunin, Stephen G

    2014-12-04

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

  12. Gender, Colonialism and Rabbinical Courts in Mandate Palestine

    Directory of Open Access Journals (Sweden)

    Lisa Fishbayn

    2011-11-01

    Full Text Available The distribution of powers between the state and religious groups plays an important role in shaping how controversies over multicultural toleration and women’s rights under religious law can be resolved. Some structures encourage dialogue while others make it difficult. In Israel, the presence of multiple systems of personal religious law limits the possibilities for the transformation of discriminatory religious laws. There is no civil marriage or divorce in Israel. When the modern State of Israel was created, exclusive power over family law disputes involving Jewish citizens was placed in the hands of rabbinical courts. This arrangement has been called one to retain the ‘status quo’. However, it was not a continuation of Jewish tradition or of the arrangements in place during the long period of Ottoman rule in Palestine. It reflected strengthened powers that had been given to rabbinical courts during the period of the British Mandate for Palestine. This article will trace the ways in which British policies for colonial rule and the interests of Jewish religious leaders coalesced to create a regime of religious family law that is resistant to feminist demands for change.

  13. Current Administrative court practice in the procedure of Public Procurement

    Directory of Open Access Journals (Sweden)

    Silvio Čović

    2017-01-01

    Full Text Available Under the current conditions of complex and difficult economic and social circumstances and given the comparative possibilities and economic effects, the system of public procurement which is firstly at a legal level regulated by the Public Procurement Act 8 (Zakon o javnoj nabavi of 2011 (further referred to as: PPA (ZN, is of particular importance for the entire legal, political and economic system of the Republic of Croatia. Public procurement in essence represents contracting the procurement of goods, works or services. The specifities of that system are comprised, above all, of regulation of entering contractual relations between the public and private sector. Therefore, this system in principle must be formal in order to protect equality of competitors in the public procurement procedure and also in the general interest. Appreciating the legal tradition and indigenous particularities, the author’s fundamental aims consisted of providing and analysing administrative court practice in the context of international legal acquis communautaire showing some legal regulation in practice of disputable aspects of the system of public procurement in Croatia and the doubts emerging from current administrative court practice.

  14. ACCESS TO JUSTICE AND THE INSTITUTIONAL LIMITS OF INDEPENDENT COURTS

    Directory of Open Access Journals (Sweden)

    Micah B. Rankin

    2012-02-01

    Full Text Available Canadian citizens’ inability to access courts has been a subject of controversy for decades. Despite widespread evidence that Canada’s legal aid system is faltering, governments continue to be unwilling to commit the resources necessary to remedy the problem. In the meantime, Canadian courts have failed to develop constitutional standards defining the government’s obligations to ensure that Canadians have access to courts. In this paper, the author argues that people’s inability to access courts and obtain legal representation not only has implications for their rights and interests, but may also create specific burdens on courts and judges that can sometimes undermine their independence. The author argues that the traditional view of judicial independence is too narrow and should be expanded. Judicial independence, the author claims, is best understood as a variable bundle of rights, guarantees and powers conferred on courts and judges that preserves and enhances their abilities to adjudicate impartially, maintain a constitutional distribution of powers and uphold the rule of law. Since people’s inability to access courts and obtain legal representation can impair the judiciary’s ability to preserve these values, the author argues that judicial independence is undermined. Relying on his broadened conception of judicial independence, the author claims that it is possible to correct problems of inaccessibility by recognizing that courts have a power to appoint state-funded counsel in appropriate circumstances in order to preserve their independence. L’incapacité des Canadiens d’avoir accès aux tribunaux est sujet de controverse depuis des décennies. En dépit des nombreuses preuves de l’affaiblissement du système d’aide juridique du Canada, les gouvernements refusent encore d’engager les ressources nécessaires pour remédier au problème. Parallèlement, les tribunaux canadiens n’ont pas réussi à élaborer des

  15. Nuclear fuel tax in court; Kernbrennstoffsteuer vor Gericht

    Energy Technology Data Exchange (ETDEWEB)

    Leidinger, Tobias [Gleiss Lutz Rechtsanwaelte, Duesseldorf (Germany)

    2014-07-15

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

  16. Animal rights and environmemntal rights in Brazilian Supreme Court

    Directory of Open Access Journals (Sweden)

    Fernando Cesar Costa Xavier

    2018-01-01

    Full Text Available The subject. The article analyzes the arguments of the Federal Supreme Court of Brazil, used in the consideration of disputes concerning animal rights, in comparison with the developments of theorists in this field.The purpose of the article is to justify the necessity of respect for the rights of animals and the “animal dignity” by the courts.The methodology includes formal-legal analysis of courts’ decisions, comparative-legal analysis and synthesis as well as formal-logical analysis of scientific researches in the field of animal rights.The main results and scope of application. It is wrong to claim that the Brazilian Supreme Court decision in “Vaquejada” case (or even in “Farra do Boi” or cockfights cases would be an increase in the process of a supposed recognition of animal rights in the Brazilian constitutional jurisdiction. In such cases, most of the Judges who participated in the trial pondered and reinforced the prevalence of environmental law, including it wildlife protection (and non-submission of the animals to cruelty, pursuant to Art. 225, § 1, VII, of the Brazilian Constitution. In this way, it would have been disregarded the categorical difference between environmental law and animal rights. The Constitution itself encourages confusion between those categories when dealing with the prohibition of animal cruelty in a chapter on the environment (chap. VI. This article argues that the focus on the statement of environmental law, the Supreme Court allows them to be strengthened arguments considered as obstacles to the defenders of animal rights, particularly the anthropocentric argument that the balanced environment is important to make possible to human beings more quality of life. Analyzing the decisions, especially in of Vaquejada and Farra do Boi cases, it appears that points many important analyzed in the theoretical debate about animal rights, such as the notions of “animal dignity” and “flourishing life

  17. Materializing Ethnography

    OpenAIRE

    Geismar, H.; Horst, H. A.

    2004-01-01

    The articles in this volume were originally presented in a panel entitled ‘Material Methodologies’ at the American Anthropological Association meeting in New Orleans (November 2002). The panel was devised to tie together theoretical advances in the study of the material with the creative possibilities of fieldwork practices. Through detailed ethnographic discussion, we highlighted the ways in which a focus on a specifically material world enabled us to discover new perspecti...

  18. From waste plastics to industrial raw materials: A life cycle assessment of mechanical plastic recycling practice based on a real-world case study.

    Science.gov (United States)

    Gu, Fu; Guo, Jianfeng; Zhang, Wujie; Summers, Peter A; Hall, Philip

    2017-12-01

    Mechanical recycling of waste plastics is an environmental solution to the problem of waste plastic disposal, and has already become a common practice in industry. However, limited information can be found on either the industralised plastic recycling or the recycled materials, despite the use of recycled plastics has already extended to automobile production. This study investigates the life cycle environmental impacts of mechanical plastic recycling practice of a plastic recycling company in China. Waste plastics from various sources, such as agricultural wastes, plastic product manufacturers, collected solid plastic wastes and parts dismantled from waste electric and electronic equipments, are processed in three routes with products end up in different markets. The results of life cycle assessments show that the extrusion process has the largest environmental impacts, followed by the use of fillers and additives. Compared to production of virgin plastics and composites, the mechanical recycling is proved to be a superior alternative in most environmental aspects. Substituting virgin plastic composites with recycled plastic composites has achieved the highest environmental benefits, as virgin composite production has an impact almost 4 times higher that of the recycled composite production in each ReCiPe endpoint damage factor. Sensitivity analysis shows that the coverage of collecting network contribute affect little to overall environmental impact, and centralisation plays an important role in reducing overall environmental impacts. Among the fillers and additives, impact modifiers account for the most significant contributions to the environmental impacts of recycled composites. This study provides necessary information about the existing industrialised plastic recycling practice, and recommendations are given. Research implications are presented with the purpose to achieve higher substitution rate and lower environmental impact. Copyright © 2017 Elsevier B

  19. Recreating the World(s

    Directory of Open Access Journals (Sweden)

    Giseli do Prado Siqueira

    2014-06-01

    Full Text Available Created in 2007 , the project extension Itinerant Workshops : recreating the world ( s of the Catholic University of Minas Gerais , Campus Poços de Caldas is an inseparable experience in research of teaching and extension. With this title " recreating worlds " seek to express the experience that has been possible for us to live over the years of execution of this project . Our experience is theoretically referenced by understanding that German thinkers Meister Eckhart (1260-1327 and Martin Heidegger (1889-1976 shows us about what is the man in they on existence. Such an understanding is expressed in the phenomenon of serenity ( Gelassenheit , let it be understood as simply what we are . Our research on this phenomenon Gelassenheit (Serenity , guide the relationships we establish with the external community , where we understand that the existence of man in his essential condition , is a shared existence. The other is imposed on us and we never fail to be sympathetic to their fears and anxieties , because these same fears and anxieties are also ours possibilities . This relationship of consideration makes us all ( teachers , students , community solidarity in our existential angst before the unexpected, the unknown . It is when we can see ourselves through another , in what we truly are and can be.

  20. 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

  1. Your business in court and at federal agencies: 2010 - 2011.

    Science.gov (United States)

    Reiss, John B; Crowder, Dawn; Simons, Brian; Pleskov, Igor; Davis, Tiffany; Nugent, Patrick

    2012-01-01

    This year the government aggressively pursued Manufacturers under the enhanced provisions of the False Claims Act (FCA), as well as under the provisions of the Food, Drug and Cosmetics Act (FDCA). In addition, the government pursued actions against individual executives under the Responsible Corporate Officer Doctrine ("RCO Doctrine") because it does not believe sanctions against the companies provide sufficient deterrence to inappropriate behavior. Companies need to focus on implementing effective compliance programs in order to prevent the occurrence of allegedly improper activity. It should be noted that the existence of an effective program will not protect executives from liability under the RCO Doctrine if improper behavior takes place. The Food and Drug Administration's (FDA's) has undertaken a number of initiatives during the past year in an attempt to counter claims that its review processes for domestic products is driving the development of drugs and devices to overseas markets. The Agency also has improved its capacity to review products imported from overseas by undertaking initiatives with foreign agencies and stationing more FDA employees in foreign countries. The FDA increased the number of warning letters and other enforcement actions. The FDA added two new topics of enhanced authority during the year. One was an expansion of its regulatory authority over foods, and the second was new authority to regulate certain tobacco products. The former is being subjected to some review by the courts, and the scope of its authority over tobacco is the subject of ongoing major litigation. The Federal Trade Commission (FTC) and Securities and Exchange Commission (SEC) are unlikely to experience significant change regarding their regulation of Manufacturers. The FTC, as it has for many years, continues to try to prevent "reverse" payments to generic drug manufacturers by Innovator Manufacturers to diminish generic drug competition, and proposed legislation is

  2. [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

  3. 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.

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

    OpenAIRE

    Mishra, Saurabh Kumar

    2016-01-01

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

  5. Scientific profile and professional responsibility of Court-appointed Medical Technical Consultants in Italy: time for a specific educational curriculum?

    Science.gov (United States)

    Conti, Andrea Alberto

    2014-08-20

    Court-appointed Technical Consultants (CTCs) are fundamental figures in the Italian judicial system. CTCs are experts appointed by judges in order to supplement their activities by ascertaining, collecting and analyzing facts concerning the specific subject of a lawsuit. These experts formulate opinions, gather motivations and perform checks to provide clear, objective and irrefutable answers to the questions posed by judges. With direct reference to the medical field, while police doctors (specialists in forensic medicine) follow an academic, dedicated, well-structured educational curriculum, the University specialty school in Forensic Medicine, other medical CTCs, though not infrequently luminaries with one or many medical specialties and professional acknowledgments, may have no specific legal-medicine and juridical expertise, precisely because a similar expertise is not formally required of them. In the light of these considerations, in Italy some professionals of the legal world, and of the health context too, have proposed for medical CTCs targeted educational pathways, which would provide these experts with formal specific qualifications. In synthesis and in conclusion, a full knowledge and a rigorous respect of the rules of legal proceedings emerge as increasingly important characteristics for current and future Court-appointed Technical Consultants, together with a specific educational curriculum.

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

    International Nuclear Information System (INIS)

    Thomas, L.W.

    1981-01-01

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

  7. Tried as an adult, housed as a juvenile: a tale of youth from two courts incarcerated together.

    Science.gov (United States)

    Bechtold, Jordan; Cauffman, Elizabeth

    2014-04-01

    Research has questioned the wisdom of housing juveniles who are convicted in criminal court in facilities with adult offenders. It is argued that minors transferred to criminal court should not be incarcerated with adults, due to a greater likelihood of developing criminal skills, being victimized, and attempting suicide. Alternatively, it has been suggested that the other option, housing these youth with minors who have committed less serious crimes and who are therefore adjudicated in juvenile courts, might have unintended consequences for juvenile court youth. The present study utilizes a sample of youth incarcerated in one secure juvenile facility, with some offenders processed in juvenile court (n = 261) and others processed in adult court (n = 103). We investigate whether youth transferred to adult court engage in more institutional offending (in particular, violence) and experience less victimization than their juvenile court counterparts. Results indicate that although adult court youth had a greater likelihood of being convicted of violent commitment offenses than juvenile court youth, the former engaged in less offending during incarceration than the latter. In addition, no significant differences in victimization were observed. These findings suggest that the concern about the need for separate housing for adult court youth is unfounded; when incarcerated together, those tried in adult court do not engage in more institutional violence than juvenile court youth. PsycINFO Database Record (c) 2014 APA, all rights reserved.

  8. Educational Pluralism and Freedom of Religion: Recent Decisions of the European Court of Human Rights

    Science.gov (United States)

    Relano, Eugenia

    2010-01-01

    This paper addresses the sensitive issue of the teaching of religions and beliefs in schools by analysing two recent decisions of the European Court of Human Rights. In these cases, the Court asserts that students should be exempted from compulsory courses on religion or from courses that are not conveyed in an objective, critical and pluralist…

  9. Interest Groups, the Courts, and Educational Equality: A Policy Regimes Approach to "Vergara v. California"

    Science.gov (United States)

    Superfine, Benjamin Michael; Thompson, Alea R.

    2016-01-01

    In "Vergara v. California" (2014), a trial-level court ruled that California laws governing teacher tenure and dismissal were unconstitutional. This study analyzes "Vergara" in light of the shifting use of the courts to promote equal educational opportunities and the changing power bases of educational interest groups,…

  10. 32 CFR 720.23 - Naval prisoners as witnesses or parties in civilian courts.

    Science.gov (United States)

    2010-07-01

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

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

    African Journals Online (AJOL)

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

  12. 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.

  13. 20 CFR 405.510 - Claims remanded by a Federal court.

    Science.gov (United States)

    2010-04-01

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

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

    NARCIS (Netherlands)

    A. Stadler (Astrid)

    2013-01-01

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

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

    Science.gov (United States)

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

    2011-01-01

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

  16. Speaking American: Comparing Supreme Court and Hollywood Racial Interpretation in the Early Twenty-First Century

    Science.gov (United States)

    Hawkins, Paul Henry

    2010-01-01

    Apprehending that race is social, not biological, this study examines U.S. racial formation in the early twenty-first century. In particular, Hollywood and Supreme Court texts are analyzed as media for gathering, shaping and transmitting racial ideas. Representing Hollywood, the 2004 film "Crash" is analyzed. Representing the Supreme Court, the…

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

    Science.gov (United States)

    McCarthy, William Osler

    1979-01-01

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

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

    Science.gov (United States)

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

    2010-01-01

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

  19. Social Work and the Supreme Court: A Clash of Values, A Time for Action

    Science.gov (United States)

    Lens, Vicki

    2004-01-01

    Today's opinion is the product of a Court, which is the product of a law-profession culture, that has largely signed on to the so-called homosexual agenda, by which I mean the agenda promoted by some homosexual activists directed at eliminating the moral opprobrium that has traditionally attached to homosexual conduct.... the Court has taken sides…

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

    Science.gov (United States)

    Smith, Scott; Chonody, Jill M.

    2010-01-01

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

  1. 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.

  2. The Court versus Consent Decrees? Schools, "Horne v. Flores" and Judicial Strategies of Institutional Reform Litigation

    Science.gov (United States)

    Chilton, Bradley; Chwialkowski, Paul

    2014-01-01

    Is the U.S. Supreme Court inviting litigants to take aim at unraveling injunctions in institutional reform litigation--especially consent decrees in the schools? In "Horne v. Flores" (2009), the court remanded a 17-year-old school reform case to a federal judge with orders to look beyond consent decrees on financing, reducing class…

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

    Science.gov (United States)

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

    2010-01-01

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

  4. Autism Spectrum Disorder: Forensic Issues and Challenges for Mental Health Professionals and Courts

    Science.gov (United States)

    Freckelton, Ian

    2013-01-01

    Autism spectrum disorder (ASD), as defined in DSM-V, can be relevant in a variety of ways to decision-making by courts and tribunals. This includes the family, disciplinary, discrimination and criminal law contexts. By reviewing decisions made by superior courts in a number of common law jurisdictions, this article identifies a pivotal role for…

  5. 38 CFR 20.1410 - Rule 1410. Stays pending court action.

    Science.gov (United States)

    2010-07-01

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

  6. 12 CFR 404.20 - Notice of court-ordered and emergency disclosures.

    Science.gov (United States)

    2010-01-01

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

  7. Parens Patriae and Dispositions in Juvenile Courts. Discussion Paper No. 496-78.

    Science.gov (United States)

    Sosin, Michael

    This paper assesses the parens patriae orientation, which is often considered to be at the core of the operation of juvenile courts, and discovers that existing ideas concerning its role must be revised. In opposition to common theory it appears that parens patriae at best shares influence with a number of other orientations in juvenile courts,…

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

    International Nuclear Information System (INIS)

    Bauser, M.A.

    1996-01-01

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

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

    NARCIS (Netherlands)

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

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

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

    NARCIS (Netherlands)

    Van Hees, Martin; Steunenberg, Bernard

    2000-01-01

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

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

    Science.gov (United States)

    Levin, Betsy

    1975-01-01

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

  12. Confession and Carrying into Execution of Foreign Arbitration Courts' Decisions: Reciprocity and Public Policy

    Science.gov (United States)

    Sarina, Salima A.; Nukusheva, Aigul A.; Kalmagambetov, Kassym S.; Kumysbekova, Zhanara T.; Nesterova, Elena V.

    2016-01-01

    The article contains a comparative analysis of foreign arbitration courts' decisions, ensuring the reciprocity and public policy. The aim of the study is to explore such aspects as reciprocity and public policy of arbitration courts. The result is the view of the public policy, despite its apparent irrelevance in today's Kazakhstan, which is of…

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

    Directory of Open Access Journals (Sweden)

    Tatyana I. Eremina

    2014-12-01

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

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

    NARCIS (Netherlands)

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

    2014-01-01

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

  15. Student Speech and the First Amendment: The Courts Operationalize the Notion of Assaultive Speech.

    Science.gov (United States)

    Vacca, Richard S.; Hudgins, H. C., Jr.

    1994-01-01

    Summarizes the historical background of First Amendment law from "Tinker v. Des Moines" (1969) to "Hazelwood v. Kuhlmeier" (1988). Examines the Supreme Court's most recent decisions on related matters as well as lower court decisions involving bias-motivated speech on campus. Offers specific suggestions for public school…

  16. Federal Administrative Court, judgement of December 17, 1986 (nuclear power station at international border)

    International Nuclear Information System (INIS)

    Anon.

    1987-01-01

    In its decision of December 17, 1986, the Federal Administrative Court accepted the right of action of Dutch borderers against an atomic licence for a German nuclear power plant. The necessary involvement according to sec. 42 Paragraph 2 of the Administrative Court Procedure Act results from the violation of the third party protection provision in sec. 7 Atomic Energy Act. (WG) [de

  17. Custodian for elderly with memory impairment in Sweden - a study of 260 physicians' statements to the court.

    Science.gov (United States)

    Björkstén, Karin S; Fälldin, Kerstin; Ulfvarson, Johanna

    2014-08-26

    In the modern world with new family structures, international migration and increased life expectancy, there is a growing need for legal ways of assisting elderly with impaired mental capacity to decide about their life and assets. There are few studies about the physician's role when a court appoints proxies for vulnerable elderly. Many doctors do not know how to assess mental capacity, and most lawyers and judges know little about medicine. Applications for a custodian sent to the Stockholm Chief Guardian' Office in Sweden were used. Physician's statements to the court for elderly with memory impairment were selected and 260 statements were scrutinized with regard to formal quality, the narrative content and the physician who wrote it. The quality of the statements varied from one sentence to excellent. Most statements were written by senior family practitioners or geriatricians. Seventeen % of the statements were handwritten and had more formal shortcomings than machine/computer written statements.The majority of patients needed massive help with daily life and economy. Median age was 84 years of age. MMSE score was given in 20% of the cases and varied from 6-27.A diagnosis of dementia was established in 57%. At the time of application, at least 48% were in a hospital or nursing home and at least 27% were in their private home. Only 5% were living with a spouse or a child. In 53% of the cases, the doctor knew the patient, but in 40% of the cases, the identity of the patient was not confirmed. The physician found that 54% were unable to understand the idea of getting a custodian, but out of those very vulnerable elderly, 20% had signed consent and 57% were considered able to be heard in court. There is a large variation in the quality of physicians' statements to the court concerning the mental capacity of elderly patients with cognitive impairment. Many statements have serious short-comings, and the system is not safe. There is a strong need for guide

  18. Cluster World

    OpenAIRE

    Delong, Marek

    2015-01-01

    Ve své práci se zabývám především všudypřítomností internetu a informačních technologií, zhroucením fyzického prostoru v síťové kultuře a nekonečnou reprodukovatelností a proměnlivostí digitálních materiálů, nicméně i jejich zpětným aplikováním do výstavního prostoru. Věnuji se rovněž změně podstaty autorství, tedy situací, kdy se poté, co se umění zaznamená a vystaví na internetu, stává „materiálem v oběhu“. Autorství díla je takřka nedohledatelné, stejně jako jeho původní kontext. Umělecký ...

  19. `Court-proof` operation of power plants; Der ``gerichtsfeste`` Kraftwerksbetrieb

    Energy Technology Data Exchange (ETDEWEB)

    Adams, H.W. [Dr. Adams und Partner Unternehmensberatung GmbH, Duisburg (Germany)

    1995-09-01

    The `court-proof` organisation of a power plant is understood to mean the well-defined, i.e., documented, organisation of its operational structure and work flows. This includes transparent delegation of tasks, competences, and responsibilities to individual officers and down hierarchical lines and mutual agreements on the rules for cooperation between lines and between lines and officers. Such an organisation ensures that responsibilities to give instructions, select personnel, and/or carry out control tasks can be ascertained. (orig./DG) [Deutsch] Die `gerichtsfeste` Organisation ist die festgelegte, das heisst dokumentierte, Aufbau- und Ablauforganisation mit transparenter Delegation von Aufgaben, Kompetenz und Verantwortung in Linie und Beauftragte und Verabreden der Spielregeln des Zusammenwirkens Linie-Linie beziehungsweise Linie-Beauftragte. Sie stellt sicher, dass Anweisungs-, Auswahl- und Ueberwachungspflichten nachgewiesen werden koennen. (orig./DG)

  20. An all-encompassing study of an authentic court setting

    DEFF Research Database (Denmark)

    Christensen, Tina Paulsen

    necessarily be judged from a particular (subjective) perspective on the communicative event. In this paper I shall address the issue of interpreting quality in an all-encompassing perspective on an authentic Danish courtroom setting. The aim of the empirical case-based survey is unlike that of most existing...... but homogeneous. Several empirical studies, which have been carried out on this subject, have shown that different user groups have different expectations about the interpreted communicative event, which ceteris paribus means that user expectations are heterogeneous. The question is, whether the heterogeneity......, which are to be considered as expectancy norms projected and recommended by the specific legal system. In order to be able to answer this question, a questionnaire-based survey on specific quality criteria has been conducted within an authentic interpreter-mediated court setting, because, according...