WorldWideScience

Sample records for pa law judge

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

    Directory of Open Access Journals (Sweden)

    Alfitri

    2017-12-01

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

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

    OpenAIRE

    Alfitri, Alfitri

    2017-01-01

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

  3. 5 CFR 2421.9 - Administrative Law Judge.

    Science.gov (United States)

    2010-01-01

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

  4. 22 CFR 128.2 - Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

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

  5. 49 CFR 386.54 - Administrative Law Judge.

    Science.gov (United States)

    2010-10-01

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

  6. 22 CFR 1421.8 - Administrative law judge.

    Science.gov (United States)

    2010-04-01

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

  7. 29 CFR 457.17 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

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

  8. 31 CFR 10.70 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

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

  9. 14 CFR 302.17 - Administrative law judges.

    Science.gov (United States)

    2010-01-01

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

  10. 31 CFR 8.62 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

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

  11. Creating EU law judges

    DEFF Research Database (Denmark)

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

    2014-01-01

    The judicial protection system in the European Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU law, and the preliminary ruling procedure...

  12. THE RECONFIGURATION OF THE JUDGE`S ROLE IN THE ROMANO-GERMANIC LAW SYSTEM

    Directory of Open Access Journals (Sweden)

    ELENA ANGHEL

    2013-05-01

    Full Text Available The role assigned to the judge varies from one legal system to another. In the Anglo-Saxon legal systems, in the context of the absence of an independent legislative body, judge is the one who creates law; his mission consists in solving a specific case, given the existing judicial precedents; if he can not find an appropriate rule of law, the judge has to create one and to apply it. On the other hand, in the continental system, creation of law is the mission of the legislator. Evolving under the influence of Roman law, the continental law systems differ from the Anglo-Saxons by: the assuming of Corpus iuris civilis; the tendency to abstraction, leading to the creation of a rational law; the rule of law, with the consequence of blurring the role of jurisprudence. In spite of these essential differences, the last decades of the twentieth century have found out the convergence of the written coded system and the common law system. Thus, the increasing of the legislature`s role in common law system is accompanied by the reconsideration of the judge`s role in the Roman-Germanic legal system. While Anglo-Saxons accept the "compromise" of coding, Continentals shyly step towards rethinking the status of law source of the jurisprudence. History has shown that, one by one, law and jurisprudence have disputed the the role of prime creator of law. Emphasizing the creative force of jurisprudence, Vladimir Hanga wrote: "The law remains in its essence abstract, but the appreciation of the jurisprudence makes it alive, as the judge, understanding the law, examining the interests of parties and taking inspiration from equity, ensures the ultimate purpose of the law: suum cuique tribuere”1. However, as we shall see below, in the Roman-Germanic law system, the creative role of jurisprudence still raises controversy.

  13. 31 CFR 15.737-19 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

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

  14. 29 CFR 101.11 - Administrative law judge's decision.

    Science.gov (United States)

    2010-07-01

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

  15. 49 CFR 1503.607 - Administrative law judges.

    Science.gov (United States)

    2010-10-01

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

  16. 20 CFR 404.944 - Administrative law judge hearing procedures-general.

    Science.gov (United States)

    2010-04-01

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

  17. 5 CFR 1201.125 - Administrative law judge.

    Science.gov (United States)

    2010-01-01

    ... PRACTICES AND PROCEDURES Procedures for Original Jurisdiction Cases Special Counsel Disciplinary Actions § 1201.125 Administrative law judge. (a) An administrative law judge will hear a disciplinary action... complaint seeking disciplinary action against a Federal or District of Columbia government employee for a...

  18. 16 CFR 0.14 - Office of Administrative Law Judges.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Office of Administrative Law Judges. 0.14 Section 0.14 Commercial Practices FEDERAL TRADE COMMISSION ORGANIZATION, PROCEDURES AND RULES OF PRACTICE ORGANIZATION § 0.14 Office of Administrative Law Judges. Administrative law judges are officials to whom the...

  19. 5 CFR 1201.142 - Actions filed by administrative law judges.

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

    2010-04-01

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

  1. 20 CFR 416.1444 - Administrative law judge hearing procedures-general.

    Science.gov (United States)

    2010-04-01

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

  2. 20 CFR 405.320 - Administrative law judge hearing procedures-general.

    Science.gov (United States)

    2010-04-01

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

  3. 29 CFR 6.19 - Decision of the Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

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

  4. 20 CFR 405.325 - Issues before an administrative law judge.

    Science.gov (United States)

    2010-04-01

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

  5. 29 CFR 6.41 - Referral to Chief Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

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

  6. HUD Administrative Law Judges Decisions

    Data.gov (United States)

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

  7. Judges, commerce and contract law

    OpenAIRE

    Gava, John

    2010-01-01

    John Gava, Reader at Adelaide Law School, considers the question how should judges decide commercial cases, in particular, contract cases? He looks at the circumstances and impact of the use of contract law, with attention on common law contract and market needs. Published in Amicus Curiae – Journal of the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies. The Journal is produced by SALS at the IALS (Institute of Advanced Legal Studies, School of Advanced Study, Un...

  8. 20 CFR 416.1452 - Consolidated hearings before an administrative law judge.

    Science.gov (United States)

    2010-04-01

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

  9. 20 CFR 405.365 - Consolidated hearing before an administrative law judge.

    Science.gov (United States)

    2010-04-01

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

  10. 20 CFR 404.952 - Consolidated hearing before an administrative law judge.

    Science.gov (United States)

    2010-04-01

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

  11. PA law judge recommends against Limerick-2 completion

    International Nuclear Information System (INIS)

    Minner, D.

    1985-01-01

    Ruling that Philadelphia Electric's Limerick 2 unit is not in the public interest, the court felt that a history of cost escalation makes the use of allowance for funds used during construction imprudent. Unit 1 will begin operating in 1986. Opponents to Unit 2 say that less costly power is available. The judge agreed with utility arguments that it will need additional capacity in the 1990s, but that customers must expect rate increases to pay for that power. An option to convert Unit 2 to coal has been ruled out, leaving the extension of existing plant life the preferred option

  12. 13 CFR 134.404 - Decision by Administrative Law Judge.

    Science.gov (United States)

    2010-01-01

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

  13. 49 CFR 821.16 - Interlocutory appeals from law judges' rulings on motions.

    Science.gov (United States)

    2010-10-01

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

  14. 2010 Administrative Law Judge Initial Decisions

    Data.gov (United States)

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

  15. 2009 Administrative Law Judge Initial Decisions

    Data.gov (United States)

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

  16. EPA Administrative Law Judge Legal Documents

    Data.gov (United States)

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

  17. 29 CFR 102.35 - Duties and powers of administrative law judges; stipulations of cases to administrative law...

    Science.gov (United States)

    2010-07-01

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

  18. [Common law, civil law: thinking about the tools of the judge in bioethics].

    Science.gov (United States)

    Baudouin, Jean-Louis

    2006-01-01

    Civilian and common law judges differ substantially in their approach to the resolution of issues concerning bioethics and health sciences. Whereas the civilian judge will first take into account the legislative source, his common law counterpart will most probably first look at judicial precedents for guidance. In both systems, however, the legislative drafting technique differs substantially and has a direct impact on judicial interpretation of the law. Both systems also differ in the way that judicial decisions are drafted and rendered. In the common law tradition, judges draft their own opinion, leaving the possibility of dissent which, in turn, helps to better illustrate contentious issues and may have an influence on social awareness of difficult problems. Finally, in bioethics, legislation should be preferred if only for a question of social legitimacy, since decisions are then taken by elected representatives. However, this type of legislation should be subject to periodical review to better adapt its rules to the evolution of science and society.

  19. Civil Remedies Division Administrative Law Judge Decisions

    Data.gov (United States)

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

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

    Science.gov (United States)

    2010-04-01

    ... law judge. (c) You may examine the evidence used in making the decision or determination under review... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Hearing before an administrative law judge-general. 405.301 Section 405.301 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW...

  1. 40 CFR 164.40 - Qualifications and duties of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... Administrative Law Judge. 164.40 Section 164.40 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY... Judicial Ethics of the American Bar Association. (d) Power. Subject to review, as provided elsewhere in... Law Judge, the Administrator or the Environmental Appeals Board. [38 FR 19371, July 20, 1973, as...

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

    Science.gov (United States)

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

    2010-06-01

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

  3. 20 CFR 405.315 - Time and place for a hearing before an administrative law judge.

    Science.gov (United States)

    2010-04-01

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

  4. Judicial law-making: Unlocking the creative powers of judges in ...

    African Journals Online (AJOL)

    ... the creative powers of judges in terms of Section 39(2) of the constitution. ... that judges do indeed have a law-making function in the process of interpretation. ... The article examines the extent to which the judiciary can use this power in a ...

  5. 20 CFR 655.645 - Administrative law judge proceedings.

    Science.gov (United States)

    2010-04-01

    ... EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES Enforcement of the Limitations Imposed on Employers Using... administrative law judge shall notify all interested parties of the date, time and place of the hearing. All...

  6. 29 CFR 1980.109 - Decision and orders of the administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... review by the administrative law judge, and a complaint may not be remanded for the completion of an... 29 Labor 9 2010-07-01 2010-07-01 false Decision and orders of the administrative law judge. 1980... SECTION 806 OF THE CORPORATE AND CRIMINAL FRAUD ACCOUNTABILITY ACT OF 2002, TITLE VIII OF THE SARBANES...

  7. 31 CFR 501.742 - Secretary's designee's consideration of decisions by Administrative Law Judges.

    Science.gov (United States)

    2010-07-01

    ....742 Secretary's designee's consideration of decisions by Administrative Law Judges. (a) Scope of... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Secretary's designee's consideration of decisions by Administrative Law Judges. 501.742 Section 501.742 Money and Finance: Treasury...

  8. Disability Case Review of Administrative Law Judge Hearing Decisions

    Data.gov (United States)

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

  9. 20 CFR 667.830 - When will the Administrative Law Judge issue a decision?

    Science.gov (United States)

    2010-04-01

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

  10. 29 CFR 102.45 - Administrative law judge's decision; contents; service; transfer of case to the Board; contents...

    Science.gov (United States)

    2010-07-01

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

  11. 29 CFR 102.153 - Administrative law judge's decision; contents; service; transfer of case to the Board; contents...

    Science.gov (United States)

    2010-07-01

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

  12. 49 CFR 1515.11 - Review by administrative law judge and TSA Final Decision Maker.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 9 2010-10-01 2010-10-01 false Review by administrative law judge and TSA Final... Review by administrative law judge and TSA Final Decision Maker. (a) Scope. This section applies to the following applicants: (1) An applicant who seeks review of a decision by TSA denying a request for a waiver...

  13. 29 CFR 801.67 - Decision and Order of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Decision and Order of Administrative Law Judge. 801.67 Section 801.67 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR OTHER LAWS APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988 Administrative Proceedings...

  14. 29 CFR 2704.307 - Decision of administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Decision of administrative law judge. 2704.307 Section 2704.307 Labor Regulations Relating to Labor (Continued) FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION PROCEEDINGS Procedures for Considering...

  15. 29 CFR 1955.12 - Administrative law judge; powers and duties.

    Science.gov (United States)

    2010-07-01

    ... U.S.C. 554-557 (hereinafter called the APA). (b) On any procedural question not otherwise regulated by this part, the Act, or the APA, the administrative law judge shall be guided to the extent...

  16. 20 CFR 405.340 - Deciding a claim without a hearing before an administrative law judge.

    Science.gov (United States)

    2010-04-01

    ....340 Deciding a claim without a hearing before an administrative law judge. (a) Decision wholly... the decision is based. (b) You do not wish to appear. The administrative law judge may decide a claim... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Deciding a claim without a hearing before an...

  17. 29 CFR 502.37 - Referral to Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Referral to Administrative Law Judge. 502.37 Section 502.37 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR REGULATIONS ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF...

  18. 28 CFR 68.54 - Administrative review of a final order of an Administrative Law Judge in cases arising under...

    Science.gov (United States)

    2010-07-01

    ... an Administrative Law Judge in cases arising under section 274A or 274C. 68.54 Section 68.54 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR... an Administrative Law Judge in cases arising under section 274A or 274C. (a) Authority of the Chief...

  19. 28 CFR 68.53 - Review of an interlocutory order of an Administrative Law Judge in cases arising under section...

    Science.gov (United States)

    2010-07-01

    ... Administrative Law Judge in cases arising under section 274A or 274C. 68.53 Section 68.53 Judicial Administration... ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR IMMIGRATION... Administrative Law Judge in cases arising under section 274A or 274C. (a) Authority. In a case arising under...

  20. 20 CFR 655.655 - Secretary's review of administrative law judge's decision.

    Science.gov (United States)

    2010-04-01

    ..., DEPARTMENT OF LABOR TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES Enforcement of the... Secretary's review of administrative law judge's decision. (a) The Administrator or any interested party...

  1. 5 CFR 930.205 - Administrative law judge pay system.

    Science.gov (United States)

    2010-01-01

    ... paragraph (a)(1) of this section. Such adjustments take effect on the 1st day of the first pay period... basic pay that equals or exceeds the applicant's highest previous Federal rate of basic pay, not to... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Administrative law judge pay system. 930...

  2. 29 CFR 801.72 - Responsibility of the Office of Administrative Law Judges.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Responsibility of the Office of Administrative Law Judges. 801.72 Section 801.72 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR OTHER LAWS APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988 Administrative...

  3. 5 CFR 2430.12 - Administrative Law Judge's decision; contents; service; transfer of case to the Authority...

    Science.gov (United States)

    2010-01-01

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

  4. 20 CFR 404.984 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

    Science.gov (United States)

    2010-04-01

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

  5. 20 CFR 416.1448 - Deciding a case without an oral hearing before an administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... § 416.1448 Deciding a case without an oral hearing before an administrative law judge. (a) Decision... the decision is based. (b) Parties do not wish to appear. (1) The administrative law judge may decide... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Deciding a case without an oral hearing...

  6. 20 CFR 404.948 - Deciding a case without an oral hearing before an administrative law judge.

    Science.gov (United States)

    2010-04-01

    ....948 Deciding a case without an oral hearing before an administrative law judge. (a) Decision wholly... is based. (b) Parties do not wish to appear. (1) The administrative law judge may decide a case on... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Deciding a case without an oral hearing...

  7. 20 CFR 655.445 - Secretary's review of administrative law judge's decision.

    Science.gov (United States)

    2010-04-01

    ..., DEPARTMENT OF LABOR TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES Enforcement of H-1A... interested party desiring review of the decision and order of an administrative law judge shall petition the...

  8. 20 CFR 416.1484 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

    Science.gov (United States)

    2010-04-01

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

  9. Administrative law judge as a watchdog for air quality

    International Nuclear Information System (INIS)

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

    2005-01-01

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

  10. 20 CFR 416.1429 - Hearing before an administrative law judge-general.

    Science.gov (United States)

    2010-04-01

    ... evidence, examine the evidence used in making the determination or decision under review, and present and... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Hearing before an administrative law judge-general. 416.1429 Section 416.1429 Employees' Benefits SOCIAL SECURITY ADMINISTRATION SUPPLEMENTAL...

  11. 43 CFR 4.452-8 - Findings and conclusions; decision by administrative law judge; submission to Board for decision.

    Science.gov (United States)

    2010-10-01

    ... after the time allowed for presenting proposed findings and conclusions, the administrative law judge... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Findings and conclusions; decision by... Findings and conclusions; decision by administrative law judge; submission to Board for decision. (a) At...

  12. 20 CFR 404.929 - Hearing before an administrative law judge-general.

    Science.gov (United States)

    2010-04-01

    ... evidence used in making the determination or decision under review, and present and question witnesses. The... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Hearing before an administrative law judge-general. 404.929 Section 404.929 Employees' Benefits SOCIAL SECURITY ADMINISTRATION FEDERAL OLD-AGE...

  13. 14 CFR 385.11 - Authority of the Administrative Law Judges, Office of Hearings.

    Science.gov (United States)

    2010-01-01

    ... TRANSPORTATION (AVIATION PROCEEDINGS) ORGANIZATION STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS Assignment of Functions to Staff Members § 385.11 Authority of the Administrative Law Judges, Office of...

  14. 5 CFR 2423.31 - Powers and duties of the Administrative Law Judge at the hearing.

    Science.gov (United States)

    2010-01-01

    ... review will cause undue harm to a party or the public. (2) If the motion is granted, the Judge or... Law Judge at the hearing. 2423.31 Section 2423.31 Administrative Personnel FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL...

  15. 43 CFR 4.477 - Findings of fact and decision by administrative law judge: Notice; submission to Board of Land...

    Science.gov (United States)

    2010-10-01

    ... presenting proposed findings and conclusions, the administrative law judge shall make findings of fact and... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Findings of fact and decision by... Grazing Districts) § 4.477 Findings of fact and decision by administrative law judge: Notice; submission...

  16. 20 CFR 416.1453 - The decision of an administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... the findings of fact and the reasons for the decision. The administrative law judge must base the... document that sets forth the key data, findings of fact, and narrative rationale for the decision. If the... instance may be extended by the total number of days of the delays. The delays include delays in submitting...

  17. 20 CFR 655.835 - How will the administrative law judge conduct the proceeding?

    Science.gov (United States)

    2010-04-01

    ..., DEPARTMENT OF LABOR TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES Enforcement of H-1B Labor... administrative law judge shall notify all interested parties of the date, time and place of the hearing. All...

  18. SUBSTANTIAL EXCEPTIONS AND (DELIMITATIONS OF THE POWERS OF THE JUDGES ON CIVIL PROCEDURAL LAW

    Directory of Open Access Journals (Sweden)

    Igor Raatz

    2017-08-01

    Full Text Available This essay aims to unveil the role of the substantial exceptions on delimiting the powers of the judges on civil procedural law, especially regarding the ex officio judicial activity. This way, under a phenomenological method and based on a vision of guarantee of rights on procedural law, the article offers a brief explanation of the question concerning the content of the object under litigation and its role of (delimiting the powers of the judges. The work hypothesis is the addition of the substantial exceptions among the content of the object under litigation, along with the claim itself and the cause of action. The results lie on the premise that, by the substantial exceptions, the defendant extends the object under litigation – which is formed dynamically on civil procedure. The conclusion points towards the idea that the substantial exceptions act in a way of limiting the ex officio judicial activity on civil procedural law

  19. 41 CFR 60-30.15 - Authority and responsibilities of Administrative Law Judges.

    Science.gov (United States)

    2010-07-01

    ... 41 Public Contracts and Property Management 1 2010-07-01 2010-07-01 true Authority and responsibilities of Administrative Law Judges. 60-30.15 Section 60-30.15 Public Contracts and Property Management... record documentary or other evidence; (h) Receive, rule on, exclude, or limit evidence and limit lines of...

  20. The Urgency Of Ijtihad By Judges In Effort Law Invention At The Religion Court In Indonesia

    Directory of Open Access Journals (Sweden)

    Kiljamilawati

    2015-08-01

    Full Text Available The presence of renewals in Islamic law resulting in the emergence of various changes in the social order of Muslims either in relation to ideology political social cultural and so on. It later brings new challenges that must be answered and therefore ijtihad must be continuously made to find a solution to the various problems of new law which is required by Muslims. The type of research is a normative-juridical and empirical research. Normative research is trying to examine the problem of law invention by the judge in the Religion Courts with a case approach. Ijtihad has a very urgent role in efforts to carry out duties as law enforcer and justice by digging follow and understand the legal values that live and develop in the peoples and accommodate the developments of Islamic law. The method of ijtihad by judges in the Religion Court use maqashid al-sharia and maslahah and istihsan method. At the practical level so characteristic inherent in the religion courts persists then should any verdict must include argument of Islamic law sources.

  1. 13 CFR 134.218 - Judges.

    Science.gov (United States)

    2010-01-01

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

  2. 14 CFR 385.10 - Authority of Chief Administrative Law Judge, Office of Hearings.

    Science.gov (United States)

    2010-01-01

    ... TRANSPORTATION (AVIATION PROCEEDINGS) ORGANIZATION STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS Assignment of Functions to Staff Members § 385.10 Authority of Chief Administrative Law Judge, Office of... Director, Office of International Aviation (or such staff member of the Office of International Aviation as...

  3. 47 CFR 1.244 - Designation of a settlement judge.

    Science.gov (United States)

    2010-10-01

    ... Proceedings Presiding Officer § 1.244 Designation of a settlement judge. (a) In broadcast comparative cases... Administrative Law Judge for action. (c) If, in the discretion of the Chief Administrative Law Judge, it appears... Commission's Administrative Law Judges are eligible to act as settlement judges, except that an...

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

    Directory of Open Access Journals (Sweden)

    Igor Alves Noberto Soares

    2016-12-01

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

  5. [Dentistry and healthcare legislation 11. The dentist and the civil law judge: claims].

    Science.gov (United States)

    Brands, W G; van der Ven, J M; Eijkman, M A J

    2014-09-01

    In contrast to the law governing complaints and to disciplinary law, a civil law judge can sentence dentists to the restoration of all damages to patients. For this to happen, there has to be evidence of damage, responsibility and a causal connection. For the assumption of responsibility as well as a causal connection, an important question is whether a dentist has violated a relevant guideline or protocol. Moreover, dentists are not only responsible for their own mistakes, but also, in principle, for those of their employees. Depending on the situation, dentists can also be held accountable for the mistakes of a dentist who is working in their practice on a self-employed basis. Dutch dentists do not yet have to fear American situations', because damages awarded in The Netherlands are still relatively low.

  6. 20 CFR 655.845 - What rules apply to appeal of the decision of the administrative law judge?

    Science.gov (United States)

    2010-04-01

    ... ADMINISTRATION, DEPARTMENT OF LABOR TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES Enforcement of H... appeal of the decision of the administrative law judge? (a) The Administrator or any interested party...

  7. 29 CFR 580.15 - Responsibility of the Office of Administrative Law Judges for the administrative record.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Responsibility of the Office of Administrative Law Judges for the administrative record. 580.15 Section 580.15 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR REGULATIONS CIVIL MONEY PENALTIES-PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES Referral for Hearing ...

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

    Science.gov (United States)

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

    2018-05-01

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

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

    Directory of Open Access Journals (Sweden)

    Lorena Ramírez Ludeña

    2014-12-01

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

  10. A toolbox for European judges

    NARCIS (Netherlands)

    Hesselink, M.W.

    2011-01-01

    The forthcoming instrument on European contract law, be it in the shape of an optional code for cross-border contracts or as an official toolbox for the European legislator, is likely to have a spill-over effect on private law adjudication in Europe. Judges will have no great difficulty in finding

  11. 28 CFR 68.57 - Judicial review of the final agency order of an Administrative Law Judge in cases arising under...

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS...

  12. 4 CFR 28.22 - Administrative judges.

    Science.gov (United States)

    2010-01-01

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

  13. 20 CFR 418.1355 - What are the rules for reopening a decision by an administrative law judge of the Office of...

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false What are the rules for reopening a decision by an administrative law judge of the Office of Medicare Hearings and Appeals (OMHA) or by the Medicare Appeals Council (MAC)? 418.1355 Section 418.1355 Employees' Benefits SOCIAL SECURITY ADMINISTRATION MEDICARE SUBSIDIES Medicare Part B...

  14. In the CJEU Judges Trust

    DEFF Research Database (Denmark)

    Mayoral, Juan A.

    2016-01-01

    . A theory is offered in the article, which links national judges' trust in the CJEU to their corporatist identification and profile, to their attitudes towards the EU, and to their beliefs about the CJEU's ability to provide decisions that: 1) offer a clear guidance on European Union law, and 2......This article aims to highlight the relevance of judicial trust in international courts, focusing on national judges' trust in the Court of Justice of the European Union (CJEU). EU scholars have put a great deal of effort into explaining how legal and political factors affect the use of preliminary...

  15. Civil Justice: Lay Judges in the EU Countries

    Directory of Open Access Journals (Sweden)

    Stefan Machura

    2016-06-01

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

  16. 34 CFR 81.5 - Authority and responsibility of an Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

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

  17. A Democratic Ideal? From Judicial Activism to Constitutionalization of Law

    Directory of Open Access Journals (Sweden)

    Luisa Fernanda García López

    2013-12-01

    Full Text Available The constitutionalization of law in Colombia is due to an active participation of the judge, in particular, of the constitutional judge. The judicial precedent source of law is an example of the inclusion of the judge on the constitutional stage as guarantor of democracy and law. The democratic ideal irreversibly includes the constitutional judge and his interpretations. The overinterpretation of law answers to a broad interpretation of the Constitution and to a building of norms that contribute something to fill the gaps in the law. Thus eoconstitutionalism is constitutionalizing the juridical order.

  18. Novelties in the judges's selection

    Directory of Open Access Journals (Sweden)

    Anna-Maria Getoš

    2013-01-01

    Full Text Available The authors analyze the legal position of the judiciary in the separation of powers in the Republic of Croatia, as well as the procedure for the election of members of the State Judicial Council and its President, its scope and operation. The analysis covers the principle, as well as the practical and normative level, hereby especially focusing on the provisions of the ‘State Judicial Council Act’ from 2010 (ZDSV, which introduced significant novelties to the appointment procedure of judges. This is due to the fact that, according to the authors, the role of judges, appointed by the State Judicial Council, in the way of the Croatian accession to the European Union is quite significant, since the judges with their work, and how the interpretation of applicable regulations in the spirit of EU law, provide the essential convergence judiciary in Croatia with the acquis and the highest standards of the European Union. It gives a special and comprehensive view of general and special conditions in the appointment of judges for the period before and after 31 December 2012, and a comparative view on conditions of appointment of judges in continental European countries, the circle of countries, where Croatia belongs to, with special reference to legal status, scope, operation and role of the State School for the judicial officers in the process of appointing judges. Performs the analysis and outlines the procedure for appointment of judges, with special emphasis on each stage: the stage of calling the ads and collecting applications, testing stage of candidates for judges and candidates who are not judges and the decision stage on the appointment, with special emphasis on the criteria and evaluation of candidates who have been determined for the appointment, in the normative sense and practical action, which is a standardized procedure, the legal level and in essence, ZDSV, along with suggestions de lege ferenda.

  19. Case-by-Case Adjudication and the Path of the Law

    OpenAIRE

    Anthony Niblett

    2013-01-01

    This paper presents a model of judging, illustrating how case law evolves when two types of judges with different policy preferences decide cases narrowly. The model shows that case law is unlikely to reflect the midpoint of the judges' ideal points. The result challenges the conventional wisdom suggesting that balancing ideologically extreme judges will likely yield moderate laws. The model suggests that a centrist executive faced with a sitting extreme left-wing judge should appoint a moder...

  20. Constitutional judges (guarantee of the Constitution and responsibility

    Directory of Open Access Journals (Sweden)

    Francisco Javier Ansuátegui Roig

    2012-06-01

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

  1. Does Judge Turnover Affect Judicial Performance?

    DEFF Research Database (Denmark)

    Guerra, Alice; Tagliapietra, Claudio

    2017-01-01

    office to another after three years of mandate, and the law prescribes their transfer after ten years to guarantee their independence. Flaws in the process managing the backlog of outbound judges and the existence of asynchrony between outbound and inbound transfers produce a chain of delays...... to the disposition of court cases. Using a novel dataset on Court of Appeal Districts in Italy (2008–2012), we provide evidence of a strong negative relation between high turnover rates and judicial performance. We find that marginal increases in judge turnover rates lead to a statistically significant decrease...... in judicial performance over two years of time...

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

    Directory of Open Access Journals (Sweden)

    Andreas GKOUTZIOUKOSTAS

    2010-09-01

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

  3. INDEPENDENCE OF JUDGES IN THE IMPLEMENTATION POWERS OF JUSTICE

    OpenAIRE

    Nurul Qamar

    2015-01-01

    This article aims to explore the independence of the judiciary as an important pillar of a rule of law. Independence of the judiciary is a necessary condition for maintaining the rule of law, only constitutional law has legitimacy that must be upheld and the court should have the ability to perform a task in deciding the law. The independence of judges to examine, prosecute and deciding have guaranteed in the Constitution of the Republic of Indonesia Year 1945 and Act No. 48 of 2009 on Judic...

  4. The Freedom of the Judge to Express his Personal Opinions and Convictions under the ECHR

    Directory of Open Access Journals (Sweden)

    Sietske Dijkstra

    2017-01-01

    Full Text Available The freedom of the judge to express his personal opinions and convictions is limited by his special position. The question arises where these limits lie: what are the possibilities for judges to express their personal views on religious, political or other subjects, whether it is through speech, writing, wearing religious symbols or membership of an association or church? In this article the limits of the freedom of the judge will be studied as they appear from the case law of the ECtHR. Two types of cases from this case law are relevant for this subject: cases based on complaints from judges about a violation of their rights under Article 9-11 ECHR and cases based on complaints from litigants and suspects about a violation of their right to a fair trial under Article 6(1 ECHR. The question is asked how the limits of judicial freedom are defined in the case law of the ECtHR and where these limits lie.

  5. Gaze Behavior of Gymnastics Judges: Where Do Experienced Judges and Gymnasts Look While Judging?

    Science.gov (United States)

    Pizzera, Alexandra; Möller, Carsten; Plessner, Henning

    2018-01-01

    Gymnastics judges and former gymnasts have been shown to be quite accurate in detecting errors and accurately judging performance. Purpose: The purpose of the current study was to examine if this superior judging performance is reflected in judges' gaze behavior. Method: Thirty-five judges were asked to judge 21 gymnasts who performed a skill on…

  6. The initiative of the judge in matters of evidence. Aspects of comparative law

    Directory of Open Access Journals (Sweden)

    Andreea Ciurea

    2012-01-01

    Full Text Available This paper aims at exploring a controversial issue in doctrine, jurisprudence and legislation of European countries and Latin America: the role judges should play in the system of evidence in the civil trial. Certain legislations and some theorists argue for a judge to be an "expectant observer", other for an active judge, a guide of the trial. We will try to emphasize the practical advantages and disadvantages of the existing theories (especially the Romanian, French and Spanish ones, in order to decide which solution is the most effective to achieve the purpose of civil trial: social peace.

  7. Judging the judges' performance in rhythmic gymnastics.

    Science.gov (United States)

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

    2015-03-01

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

  8. The Judge on Facebook

    Directory of Open Access Journals (Sweden)

    Paul van den Hoven

    2015-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Aleš Novak

    2015-11-01

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

  10. LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    head of traditional central government, the headman was the head of the ward, and the family head exercised leadership at family level.13 Accordingly, the nature of traditional governance in South Africa was that of an unspecialised legal system where the king or chief was creator of laws, the executor of laws and the judge ...

  11. Waiver Process Places Judges in Pivotal Role

    Science.gov (United States)

    McNeil, Michele

    2011-01-01

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

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

    NARCIS (Netherlands)

    van den Hoven, P.J.

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

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

    Directory of Open Access Journals (Sweden)

    Harifin A. Tumpa

    2015-08-01

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

  14. The Removal of the Judge as a Guarantee of Fair Criminal Justice

    Directory of Open Access Journals (Sweden)

    Yury V. Derishev

    2016-11-01

    Full Text Available The article is devoted to the institution of the removal of a judge in criminal trial proceedings, which is regarded as the most important guarantees of fair criminal justice. Based on the definition of the nature and content of the mechanism for the removal of a judge, the Authors offer an analysis of the problems of the application of law that accompany its implementation in modern criminal proceedings

  15. 78 FR 25537 - Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge...

    Science.gov (United States)

    2013-05-01

    ... ``covered attorney'' does not include those civil service or civilian attorneys who practice law or perform... (Civil Law), in all other cases. Sec. 776.10 Informal ethics advice. (a) Advisors. Covered attorneys may... Civil Law Branch (JAR), Judge Advocate (JA) Division, Headquarters United States Marine Corps (HQMC...

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

    Directory of Open Access Journals (Sweden)

    L R Martin

    2008-05-01

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

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

    Directory of Open Access Journals (Sweden)

    Maria Cristina Reale

    2011-12-01

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

  18. 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.

  19. End-of-life issues as perceived by Lebanese judges.

    Science.gov (United States)

    Adib, Salim M; Kawas, Sami H; Hajjar, Theresa A

    2003-05-01

    to assess the attitudes of judges in Beirut, Lebanon, regarding end-of-life issues such as assisted suicide and withholding or withdrawing life-sustaining treatment. 85% of all currently acting and in-training judges and public prosecutors in Beirut (N=135) were surveyed using a mailed questionnaire that assessed attitudes toward intervention in five hypothetical cases. The associations of attitudes, on a scale from least to most 'sympathetic' toward assisting those who desire to end their lives, were measured by a variety of personal, social and professional variables. younger individuals, and those who have not yet been formally appointed as judges, were significantly more sympathetic to withdrawal or withholding of life-sustaining devices when patients or their proxies requested it, and more in support of assisted suicide. Gender, religious denomination, religious practice, and personal experience with prolonged illness leading to death among close friends or family, were generally not significant predictors of respondents' attitudes. Years of experience as a judge correlated strongly with age and may have contributed to its predictive effect. a relatively more sympathetic attitude among younger judges, many of them women, and among trainees, may reflect a historical evolution in younger age-groups in Lebanon today. A survey of opinions in the public may help reach a more conclusive understanding in this regard. In any case, judges in Lebanon will remain important partners in the debate, as they will continue to be the final interpreters of the letter of the law in end-of-life issues.

  20. Do Scandinavians Care about International Law?

    DEFF Research Database (Denmark)

    Wind, Marlene

    2016-01-01

    Although Scandinavians are often celebrated as the vanguards of human rights and international law, we know little about whether courts and judges in these countries have embraced those international courts and conventions that they themselves helped establish after the Second World War. This art......Although Scandinavians are often celebrated as the vanguards of human rights and international law, we know little about whether courts and judges in these countries have embraced those international courts and conventions that they themselves helped establish after the Second World War...... international law and courts by citing their case law. Building on this author’s previous research, it is argued that Norway sticks out as much more engaged internationally due to a solid judicial review tradition at the national level. It is also argued that Scandinavian legal positivism, has influenced a much...

  1. Can Law Become Curricula's Guidance Counselor?

    Science.gov (United States)

    Goslin, Kimberly G.

    2008-01-01

    This article asserts that curricula, a living text, ought to take into consideration the virtues of fairness, justice, and integrity as found in law, in order to judge controversial issues of curriculum. This assertion is argued through a comparison of jurisprudence and pedagogy, as well as law and curricula. Dworkin's (1986) contention of "law as…

  2. Law and Morality under Evil Conditions: The SS Judge Konrad Morgen

    OpenAIRE

    Pauer-Studer, Herlinde

    2012-01-01

    In Anglo-American legal theory the issue of Nazi law has to a large extent been seen in light of the exchange between HLA Hart and Lon L Fuller in the 1958 issue of the Harvard Law Review. That discussion centred on a particular problem that arose in the aftermath of the Nazi regime, namely, under which statutes could conduct that seemed legal in the Third Reich but grossly immoral under post-war rule-of-law conditions be tried by post-war courts. The famous Grudge Informer Case ra...

  3. The creative powder of the judge within the mix of constitucional procedures

    Directory of Open Access Journals (Sweden)

    Natalia Bernal-Cano

    2010-06-01

    Full Text Available This article provides an explanatory summary of the judicial creativity so as to combine elements of constitutional processes to strengthen fundamental rights. It then presents an analysis of the sources of law and their equivalents in constitutional reasoning. To underline equity in the importance of sources, this article seeks to encourage the conciliatory work of the judges and creation of law within the limits of a coherent jurisprudence. The article then examines those areas in which the jurisprudence may change and the advantages of this for the evolution of constitutional law. One of the most important jurisprudential changes is the trend towards articulating the constitutional procedures.

  4. Evaluating judge performance in sport.

    Science.gov (United States)

    Looney, Marilyn A

    2004-01-01

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

  5. 37 CFR 354.1 - Material questions of copyright law.

    Science.gov (United States)

    2010-07-01

    ... copyright law. 354.1 Section 354.1 Patents, Trademarks, and Copyrights COPYRIGHT ROYALTY BOARD, LIBRARY OF... Material questions of copyright law. (a) Discretionary referrals. The Copyright Royalty Judges may seek guidance from the Register of Copyrights with respect to a material question of substantive law, concerning...

  6. Democracy, judicial attitudes and heterogeneity: the civil versus common law tradition

    NARCIS (Netherlands)

    Guerriero, C.

    2010-01-01

    A key feature of legal systems is the law making institution used to aggregate citizens' preferences over the harshness of punishment. While under Case law appellate judges' biases offset one another at the cost of volatility of the law, under Statute law the Legislator chooses certain rules that

  7. Criminal Law Study Guide (Revision)

    National Research Council Canada - National Science Library

    1998-01-01

    .... Correct application of principles of military criminal law. This study guide is the is the primary text for students in the course and may be also useful to practicing judge advocates as a starting point for research...

  8. Autism Spectrum Disorder and New Jersey Administrative Law Decisions: An Analysis of Case Law Involving Public School Students

    Science.gov (United States)

    Barcadepone, Michael J.

    2012-01-01

    The purpose of this case study was to investigate existing New Jersey case law for the special education population classified as Autism Spectrum Disorder (ASD) and analyze New Jersey Administrative Law Judge (ALJ) decisions to identify why districts win or lose cases, adding to the limited body of research in New Jersey. In addition, the purpose…

  9. Administrative law judge as a watchdog for air quality; Bestuursrechter stelt zich terecht op als waakhond voor de luchtkwaliteit

    Energy Technology Data Exchange (ETDEWEB)

    Schutte-Postma, L.; Van Wee, B. [Faculteit Techniek, Bestuur en Management, Technische Universiteit Delft, Delft (Netherlands)

    2005-12-01

    Insight is given on the correctness of judgements of the judge for the administrative law in the Netherlands with regard to air quality and the discontinuation of related spatial planning and building and construction projects. Also attention is paid to the new Decree on Air Quality, including the regulation on balancing. This regulation implies that deteriorated air quality in one place must be compensated by improved air quality somewhere else. [Dutch] In de media worden de uitspraken van de Nederlandse bestuursrechter over luchtkwaliteit (en ruimtelijke plannen) verkeerd uitgelegd. Steeds zou de normstelling het probleem vormen. Juridische analyse van de rechterlijke uitspraken leert echter dat het steeds om oude, al in het verleden gemaakte, fouten gaat. In de 'vernietigde' plannen is onvoldoende met de luchtkwailteit rekening gehouden op het moment van vaststelling van die plannen door de gemeenteraad of de minister van Verkeer en Waterstaat. Steeds was sprake van gebrekkige informatie bij de afweging door gemeente of minister. Die plannen moeten daarom terecht 'overnieuw'. Het is vooral belangrijk dat overheden de regeling serieus nemen en onderzoek doen. Het nieuwe Besluit luchtkwaliteit, inclusief salderingsregeling, kan zulke fouten niet verbeteren.

  10. Strike Laws, Not Children.

    Science.gov (United States)

    Robertson, Heather-Jane

    2000-01-01

    In 1999, a coalition of child advocacy groups, the Canadian Foundation for Children, Youth, and the Law, challenged Section 43 of Canada's criminal code, which permits "reasonable force" in disciplining children. The heavily debated issue turns on judges' varied interpretations. A court decision is expected by year's end. (MLH)

  11. Kierkegaard - le Philosophe, le Juge et le Droit (Kierkegaard – the Philosopher, the Judge and the Law

    Directory of Open Access Journals (Sweden)

    Ditlev Tamm

    2014-12-01

    Full Text Available Le fameux théologien et philosophe Søren Kierkegaard (1813-1855 dans son oeuvre souvnt utilize expressions et metaphors pris du monde judiciare. Il pare, quíl est bien au courant quant´au monde des jurists de son age et place. La plupart des expressions sont pris du droit penal et de la procédure pénale. Le criminel comme individu ou l’objet de línterrogation et comme coupable es tun des ses images favorites. Dans ses oeuvres Ou-bien … Ou bien et Etapes su la chemin de la vie nous encontrons un juge danois avec la possibilité de suivre ses reflections sur son travail et l’éthique d’un repésentant de la justice locale. Le juge est une des masques sous lesquelles Kierkegaard s’adresse a nous. Les oeuvres de Kierkegaard et l’utilisation des expressions prises du monde du droit sont ici présentées dans un contexte contemporaire du doit et vie á Copenhague dans les années entre 1840 et 1855 en contrastant les différances entre le narrative de Kierkegaard selon lequel le doit peut server comme example et sur l’autre côté son concept transcendental de l’être coupable. The famous Danish theologian and existentialist philosopher Søren Kierkegaard (1813-1855 in his work often used expressions or metaphors taken from judicial life, which reveals him as familiar with the legal world of his time and place. Most expressions are taken from penal law and penal procedure. The criminal as individual or the object of interrogation and guilt is one of his favorite images. In his Enten-Eller (Either/or and Stadier paa Livets Vej (Stages on Life’s Way we even meet a Danish judge and follow his reflections on his work and the ethics of a representative of local Justice. The judge is one of the masks under which Kierkegaard presents his thinking. Kierkegaard’s works and his use of expressions taken from the legal world are presented in the contemporary context of law and life in Copenhagen in the 1840ies however contrasting the

  12. Culture and Contract Laws

    DEFF Research Database (Denmark)

    Lando, Ole

    2007-01-01

    In the article it is argued that the wish to preserve the cultural values of national law should not prevent the EU from preparing a Code or an Optional Instrument. The no-code countries on the British Isles and in Scandinavia are the most ardent opponents to the idea of unifying European Contract...... Law by way of a code on Contracts. In both these regions however the absence of a code causes problems. In England a prominent writer has found that the major weakness of the judge-made law is its immense diffusion and the consequent difficulty of access to it and the Nordic countries face the same...

  13. The End of Doctrine?
    On the Symbolic Function of Doctrine in Substantive Criminal Law

    Directory of Open Access Journals (Sweden)

    Ferry de Jong

    2011-10-01

    Full Text Available Recently, there have been various developments within Dutch substantive criminal-law doctrine that in some important ways suggest a shift towards a common-law conception of judicial interpretation in different topics which are central to substantive criminal law. The developments suggest that criminal-law doctrine in the Netherlands is becoming sketchier and is losing some theoretical profundity. Building on Cassirer's philosophy of symbolic forms, Shapiro's planning theory of law, and Wittgenstein's considerations on rule-following, this article aims to contribute to a description of the independent function of doctrine in substantive criminal law, by addressing the question as to how, and in what sense, doctrine 'helps' the court in applying the statutory and non-statutory criminal-law norms. It is argued that the law constitutes a 'symbolic form' that is to some extent disassociated from the social life-world, and that is construed by way of sophisticated, shared forms of 'social planning'. These forms of social planning form parts of a 'practice' governed by a specific 'legal point of view'. It is further argued that criminal-law doctrine, in a radical sense, comprises a form of proceduralization, by means of which the adjudicating judge is 'directed' to a certain position within the criminal law's symbolically construed space. It is concluded that criminal-law doctrine fulfils an important function in 'situating' the judge, and in 'prompting' or 'compelling' the judge, from his subjective position, to apply a criminal-law norm in an objectively correct manner.

  14. Hayek, law philosopher

    Directory of Open Access Journals (Sweden)

    Aeon Skoble J.

    2012-01-01

    Full Text Available In this paper we analyze the relationship between Hayek's theory of the state and law and the constitutionalist tradition of the eighteenth and nineteenth centuries, with a focus on Hayek's evolutionists interpretation of the origin of social institutions. I will suggest the specificity of the evolutionist approach in the context of the concept of separation of powers, and especially the functional role of the legal system, and specific emphasis on the role of the judges in the development of law. A key aspect that characterizes Hayek's approach to the theory of law is a strong emphasis on the verge of rationality and, consequently, increased the importance of customary and traditional norms in preserving the rationality of the legal system.

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

    NARCIS (Netherlands)

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

    2016-01-01

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

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

    DEFF Research Database (Denmark)

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

    2000-01-01

    This study of judges and prosecutors in Bosnia and Herzegovina (hereinafter "BiH") is the first report in a multi-year study undertaken by the University of California, Berkeley, Human Rights Center regarding the relationship between justice, accountability and reconstruction in the former...... Yugoslavia. ... (c) Domestic effects of the ICTY: legal definitions of accountability and the rule of law; social reconstruction and war crimes; genocide; the role of the Dayton Accords and international law; and perceptions of the ICTY, including its goals, choice of those indicted, knowledge of specific...... the economy, to ensure fairness and accountability in judicial proceedings and to prosecute war criminals. ... Only one Bosnian Serb legal professional stated unequivocally that the Constitution of Bosnia and Herzegovina was the supreme law of the land. ... If all sides to the conflict are equally guilty...

  17. Diverse cultures and official laws: multiculturalism and Euroscepticism?

    Directory of Open Access Journals (Sweden)

    Esin Örücü

    2010-11-01

    Full Text Available Normative pluralism refers to a social fact: the co-existence of different bodies of norms within the same social space. State legal pluralism indicates a single overarching national legal system but plural laws, the state recognising different rules for specific categories of persons. However, the equating of multiculturalism and legal pluralism with state law is challenged. In the modern unitary nation state of the Western type only a weak version of legal pluralism in which state centralism still prevails is acceptable. Below it is advanced that in this state the accommodation of cultural diversity and multiple normative orders can only be brought about by the judge, the tuner or the navigator and steersman of the law, by using discretion and creative interpretation and not by the legislators, whose main demarcation lines are clearly drawn within domestic law by the Constitution, and within Europe and within the EU by the demands of human rights and 'ever closer integration'. In both of the critical illustrations below - the equality of the spouses in Turkish family law and the General Principles of the CEFL on divorce and maintenance - more scope should be given to judges to cope with and to create the necessary 'fit' between law and culture that do not coincide.

  18. Company law as another beggar-my-neighbour policy : Blog

    NARCIS (Netherlands)

    Cremers, Jan

    2017-01-01

    In a Blog (Progressive-Economy@TASC), Jan Cremers (UvT) describes the paradigm change that took place in company law in the 1990s. Since the introduction of the European internal market, company law has been increasingly judged in terms of its impact on ‘competitiveness’. This has led to some

  19. Transnational Law and the Ibt Course

    OpenAIRE

    Purba, A. Zen Umar

    2014-01-01

    Today business transactions transcending national borders need a new concept, namely transnational business transactions. It deals not only with private, but also with public issues; This in line with the birth of transantional law, as firstly expressed by Judge Jessup Philip in 1956. This article aims to discuss the importance of including the International bussiness transactions (“IBT”) course in Indonesia's legal education. It concludes that transnational law, as reflected by IBT is nowada...

  20. Benchmarking the Kansas 4-H Judging System

    Directory of Open Access Journals (Sweden)

    Amy M. Taylor

    2009-12-01

    Full Text Available This study investigated the methods and policies associated with 4-H project judging at the county level within the Kansas 4-H Program. Extension Agents surveyed about current 4-H judging processes indicated a variety of methods used. Data collected showed that 21.8% of the counties surveyed practiced some type of project judging without the 4-H member present. In regard to feedback received by the youth in non-livestock project judging, 64.1% of counties reported both verbal and written forms of feedback, with 25.6% receiving only verbal. In livestock project judging, 93.8% reported that youth receive feedback only verbally. The majority of non-livestock projects are judged using the Danish system, while the number of livestock projects judged are split among both the Danish system and peer system of competitive judging. It was concluded that a wide-variety of judging methods are used, resulting in incongruent programs offered to 4-H members.

  1. 8 CFR 1003.10 - Immigration judges.

    Science.gov (United States)

    2010-01-01

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

  2. Civil law and common law : Two different paths leading to the same goal

    Directory of Open Access Journals (Sweden)

    Časlav Pejović

    2001-07-01

    Full Text Available The aim of this paper was not to judge which legal system is better: civil law or common law. The task of lawyers should not be to defend their legal systems/ but to improve them. Each legal system may have some advantages and deficiencies. If a foreign legal system has some advantages, why not incorporate them in our domestic legal system? In that way the resulting convergence of the two legal systems can only contribute to their common goal of creating a fair and just legal system which can provide legal certainty and protection to all citizens and legal persons.

  3. Delays in Medical Malpractice Litigation in Civil Law Jurisdictions

    DEFF Research Database (Denmark)

    Grembi, Veronica; Garoupaa, Nuno

    2013-01-01

    Medical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several...... reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction...

  4. Overview of Court Practice Relating to the Right of the Limited Use of Someone Else's Property in an English Law

    Directory of Open Access Journals (Sweden)

    Viktoria S. Arhipova

    2016-09-01

    Full Text Available In this article author carries out the detailed overview of the court practice concerning the right of limited use of someone else's property in system of a common law. In it definition the concept "servitude", servitude signs of an English law is given, each of them is in detail described and additional requirements which are necessary for existence of the servitude are described. In the conclusion the author emphasizes that the case law, unfortunately, has for the judge certainly no binding force. In certain cases the judge has the right to deviate from precedents and to pass the decision, new on the content. This fact proves flexibility of case law, but at the same time and some uncertainty, the choice of one of a set of the available precedents and its interpretation at discretion depends on the judge.

  5. The Myth of Neutral Judge: Overcoming Neutrality by the Cognition Theory And the Pursuit of Legal Certainty

    Directory of Open Access Journals (Sweden)

    Alyane Almeida de Araújo

    2016-11-01

    Full Text Available The  Law  scientific-rational  character  created  the  image  of  a  neutral  judge;  however, Neuroscience currently shows that the decision-making process involves activations in the prefrontal cortex along with emotions management areas. The aim of this work is to check the subsistence of the neutral judge after the cognition theory, with points of reflexion in post- positivist hermeneutics. Using the comprehensive method on bibliographic prospection, we conclude that despite the neutrality has been overcome, the search for legal certainty continues, which will be achieved through values and social purposes of the onwn normative system.

  6. The Judge’s Progressive Decisions in Civil Law Cases (An Analysis on “the Case of Mango Tree”

    Directory of Open Access Journals (Sweden)

    Suwito

    2015-04-01

    Full Text Available The idea of a progressive law arbitrate by placing the concept of law as an instrument in achieving social goals. This idea also emphasizes the discovery of the laws in each judge’s decision as an attempt to explore the values that live in the community. This progressive legal thought has been applied in several decisions of judges in Indonesia. One is in the civil case, known as “The Case of Mango Tree” which occurred in the jurisdiction of the Jayapura District Court. The aim in this study was intended to examine the normative juridical one court decision in a civil case based progressive law. The method used is a normative approach to the court decision as a primary legal materials. The results showed that there is a judicial consideration of progressive law judge based on the decision of the court, where the judge has successfully completed the legal issues, including complicated and abstract categories. The conclusion of this cases shows that every legal issue can be resolved without having to override the rules by sticking fast to the rules to achieve a sense of justice, expediency and the rule of law as a hallmark of progressive laws.

  7. Criminal Law in Denmark

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds......-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable...... resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Denmark. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study...

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

    Directory of Open Access Journals (Sweden)

    Eli Wald

    2017-12-01

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

  9. THE SCHMIDT-KENNICUTT LAW OF MATCHED-AGE STAR-FORMING REGIONS; Paα OBSERVATIONS OF THE EARLY-PHASE INTERACTING GALAXY TAFFY I

    International Nuclear Information System (INIS)

    Komugi, S.; Tateuchi, K.; Motohara, K.; Kato, N.; Konishi, M.; Koshida, S.; Morokuma, T.; Takahashi, H.; Tanabé, T.; Yoshii, Y.; Takagi, T.; Iono, D.; Kaneko, H.; Ueda, J.; Saitoh, T. R.

    2012-01-01

    In order to test a recent hypothesis that the dispersion in the Schmidt-Kennicutt law arises from variations in the evolutionary stage of star-forming molecular clouds, we compared molecular gas and recent star formation in an early-phase merger galaxy pair, Taffy I (UGC 12915/UGC 12914, VV 254) which went through a direct collision 20 Myr ago and whose star-forming regions are expected to have similar ages. Narrowband Paα image is obtained using the ANIR near-infrared camera on the mini-TAO 1 m telescope. The image enables us to derive accurate star formation rates within the galaxy directly. The total star formation rate, 22.2 M ☉ yr –1 , was found to be much higher than previous estimates. Ages of individual star-forming blobs estimated from equivalent widths indicate that most star-forming regions are ∼7 Myr old, except for a giant H II region at the bridge which is much younger. Comparison between star formation rates and molecular gas masses for the regions with the same age exhibits a surprisingly tight correlation, a slope of unity, and star formation efficiencies comparable to those of starburst galaxies. These results suggest that Taffy I has just evolved into a starburst system after the collision, and the star-forming sites are at a similar stage in their evolution from natal molecular clouds except for the bridge region. The tight Schmidt-Kennicutt law supports the scenario that dispersion in the star formation law is in large part due to differences in evolutionary stage of star-forming regions.

  10. Do Scandinavian Care about international law?

    DEFF Research Database (Denmark)

    Wind, Marlene

    2016-01-01

    Although Scandinavians are often celebrated as the vanguards of human rights and international law, we know little about whether courts and judges in these countries have embraced those international courts and conventions that they themselves helped establish after the Second World War....... This article presents original and comprehensive data on three Scandinavian courts' citation practice. It demonstrates that not only do Scandinavian Supreme Courts engage surprisingly little with international law, but also that there is great variation in the degree to which they have domesticated...... international law and courts by citing their case law. Building on this author's previous research, it is argued that Norway sticks out as much more engaged internationally due to a solid judicial review tradition at the national level. It is also argued that Scandinavian legal positivism has influenced a much...

  11. Public acceptance (PA) of nuclear energy in Japan

    International Nuclear Information System (INIS)

    Ishii, Makoto

    1994-01-01

    Japan's nuclear development is carried out in the spirit of the Atomic Energy Basic Law that it adopted in 1955. The only nation in the world devastated by nuclear weapons, Japan strongly hopes for the abolishment of nuclear weapons and promotes the peaceful use of nuclear energy. Since Japan is in poor in natural resources nuclear power has now become a major foundation of our society and economy. As far as the Japanese people's awareness of nuclear power generation is concerned, 60% recognize it as necessary although 70% are concerned about its safety. The public acceptance (PA) of nuclear energy is facing a critical juncture at thus point due to such imminent issues as the use of plutonium and the disposal of high-level wastes. The entire Japanese government is currently striving to promote PA measures targeting various population groups. This paper reports on the peaceful use of nuclear energy and Japan's stance on this issue; people's awareness; and the current state of nuclear energy PA measures. 1 fig

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

    Directory of Open Access Journals (Sweden)

    Alan Da Silva Esteves Da Silva Esteves

    2016-10-01

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

  13. The Civil Law Tradition and Constitutionalism in Twentieth Centruy Mexico. The Legacy of Emilio Rabasa

    Directory of Open Access Journals (Sweden)

    Charles A. Hale

    1998-07-01

    Full Text Available This article argues that it is neccessary to look to Mexico's "civil-law tradition", derived from Rome and continental Europe, in order to understand the problem of constitutionalism and judicial review in the country's public law. Two keys elements of that tradition are a depreciation of judges and a resistance to judge-made law, and the theoretical corollary that law emanates from the Legislator. The political and judicial thought of Emilio Rabasa provides an intriguing insight into these issues. Rabasa advocated a powerful supreme court on the North American pattern and yet resisted the "legislación de los jueces" that he oberved in practice while in exile in the United States from 1913 to 1920. The article argues further that despite Rabasa's ambivalence toward the Northe American legal model, the ssence of his juridical thought was critically  historical and comparative, a characteristic which declined in post-revolutionary Mexico, resulting in a divergence between law and history.

  14. Federal Administrative Court on priorities between water law and nuclear law procedures

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    With its decision of November 22, 1979 - BVerwG 4 B 162/79 -, the Federal Administration Court, at the expense of the plaintiff, has judged against a Bremen resident who had lodged a complained against the non-admission of an appeal in a partial verdict by the Lueneburg Higher Administrative Court concerning licenses under water law for Kernkraftwerk Unterweser. The value in litigation for the complaint procedure was set at DM 5000,-. In its partial verdict of February 12, 1979 - VII OVG A 113/77 - the Lueneburg Higher Administrative Court had decided that the plaintiff's rights are not infringed by the administrative steps under water law taken by the defendant district, and that pleas under nuclear law cannot be entered in the present procedure. The Federal Administrative Court was of the same opinion. The reasons for its decision are given in full wording. (orig./HP) 891 HP/orig.- 892 CKA [de

  15. Decision or norm: Judicial discretion as a treat to the rule of law

    Directory of Open Access Journals (Sweden)

    Avramović Dragutin

    2012-01-01

    Full Text Available Principle of legality and legal certainty, as key notions even of the thinnest concept of rule of law, are largely endangered in our times by widening of judicial discretion range. That trend is more and more at hand in European states as well, due to convergence of common law and civil law legal systems. Judicial decision acquires higher and higher factual importance in European legal systems, although it is generally not considered as a source of law. After analysis of standings by leading scholars of legal realism theory, the author admits that a very high level of tension frequently exists between judicial decision and legal norm. Within that conflict often and relatively easy decision succeeds to tear off by the strict letter of the law. In application of general legal rules upon concrete case, by creative adjustment of the law to life, due to necessary general and abstract character of legal norms, judge becomes more creator of law, rather than the one who applies it. The author points to danger of subjective and prejudiced attitudes of the judges, as they, due to their wide discretion, make a decision more upon their own feeling of justice, rather than upon law itself. In that way the law transforms itself in judicial decision based upon subjective understanding of justice and fairness.

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

    Directory of Open Access Journals (Sweden)

    Joxerramon Bengoetxea

    2011-12-01

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

  17. Livestock Judges Training Provides Hands-On Experience

    Science.gov (United States)

    Nash, Scott; Harrison, Steve; Packham, Joel; Sanchez, Dawn; Jensen, Jim; Kaysen, Brett; King, Marc

    2016-01-01

    The judging of a market animal at a fair is the highlight of a youth-owned livestock project. Livestock judges are hired to evaluate youth projects at fairs. They are critical ambassadors for agriculture and influence countless youths and adults. Judges must be knowledgeable about current animal evaluation methods that support youth development.…

  18. Removal of Public Officers from Office: Law and Justice in a Flux ...

    African Journals Online (AJOL)

    The courts have striven with changing trends in ensuring balance and justice for both the workers and the industries. The author's appraisal of case law puts in view the state of both substantive and procedural law on the discipline of public officers as expounded by judges in the exercise of their power of judicial review.

  19. Reactor power distribution pattern judging device

    International Nuclear Information System (INIS)

    Ikehara, Tadashi.

    1992-01-01

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

  20. 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...

  1. PA activity by using nuclear power plant safety demonstration and analysis

    International Nuclear Information System (INIS)

    Tsuchiya, Mitsuo; Kamimae, Rie

    1999-01-01

    INS/NUPEC presents one of Public acceptance (PA) methods for nuclear power in Japan, 'PA activity by using Nuclear Power Plant Safety Demonstration and Analysis', by using one of videos which is explained and analyzed accident events (Loss of Coolant Accident). Safety regulations of The National Government are strictly implemented in licensing at each of basic design and detailed design. To support safety regulation activities conducted by the National Government, INS/NLTPEC continuously implement Safety demonstration and analysis. With safety demonstration and analysis, made by assuming some abnormal conditions, what impacts could be produced by the assumed conditions are forecast based on specific design data on a given nuclear power plants. When analysis results compared with relevant decision criteria, the safety of nuclear power plants is confirmed. The decision criteria are designed to help judge if or not safety design of nuclear power plants is properly made. The decision criteria are set in the safety examination guidelines by taking sufficient safety allowance based on the latest technical knowledge obtained from a wide range of tests and safety studies. Safety demonstration and analysis is made by taking the procedure which are summarized in this presentation. In Japan, various PA (Public Acceptance) pamphlets and videos on nuclear energy have been published. But many of them focused on such topics as necessity or importance of nuclear energy, basic principles of nuclear power generation, etc., and a few described safety evaluation particularly of abnormal and accident events in accordance with the regulatory requirements. In this background, INS/NUPEC has been making efforts to prepare PA pamphlets and videos to explain the safety of nuclear power plants, to be simple and concrete enough, using various analytical computations for abnormal and accident events. In results, PA activity of INS/NUPEC is evaluated highly by the people

  2. [Qualitative survey of the law of 5 July 2011 in the field of psychiatry].

    Science.gov (United States)

    Cambier, Gentiane; Bougerol, Thierry; Micheletti, Pierre

    2013-01-01

    The law of 5 July 2011 concerning the rights and protection of subjects in psychiatric care and the modalities of their management has been severely criticized and often rejected, both before and following its application in August 2011. This study was designed to describe and compare perceptions of this law by actors in the field, six months after application of the law. This qualitative study based on twenty-four interviewees from Isère and Savoie - including psychiatrists, judges, patients and families - shows that this law is not completely rejected in practice and that it provides a number of advantages: independent view of a judge, an initial observation period, rapid management for isolated patients presenting an immediately life-threatening risk, improvement of mandatory outpatient healthcare. However, the law of 5 July 2011 also raises a number of problems: hospital leave for more than twelve hours was strictly limited by the initial text; complex relationships between justice and psychiatry; insufficient funding; hearings are problematic as they are held early, in public, and sometimes outside of hospitals; excessive number of medical certificates; certain parts of the text are unclear. As is already the case for some of these issues (law of 23 September 2013), these problems should be resolved in order to ensure better law enforcement.

  3. 28 CFR 0.117 - Office of Chief Immigration Judge.

    Science.gov (United States)

    2010-07-01

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

  4. Rule of Law Assistance: DOD Should Assess Workforce Size of Defense Institute of International Legal Studies

    Science.gov (United States)

    2016-12-01

    building assistance Targeted, multiphase engagements catered to a country’s rule of law needs, such as modernizing military legislation and...own Judge Advocates General and that these provide rule of law training catered to addressing local issues, which may not be standardized across

  5. 8 CFR 1240.41 - Immigration judges.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Immigration judges. 1240.41 Section 1240.41 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE IMMIGRATION..., 1997) § 1240.41 Immigration judges. (a) Authority. In any proceeding conducted under this part the...

  6. The Unity of Application of International Law at the Global Level and the Responsibility of Judges

    OpenAIRE

    DUPUY, Pierre-Marie

    2007-01-01

    This article analyses the relationship between Courts and tribunals in the interpretation and application of international law. The goal here is of crucial importance: that of guaranteeing the unity of international law and avoid fragmentation. This relationship is considered at two levels. The first level is vertical: how do national courts perceive and react to international law? In an ideal approach, based on a federalist model, there would be an organic hierarchy insuring that nation...

  7. 8 CFR 1240.1 - Immigration judges.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Immigration judges. 1240.1 Section 1240.1 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE IMMIGRATION... Immigration judges. (a) Authority. (1) In any removal proceeding pursuant to section 240 of the Act, the...

  8. 29 CFR 18.614 - Calling and interrogation of witnesses by judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Calling and interrogation of witnesses by judge. 18.614... interrogation of witnesses by judge. (a) Calling by the judge. The judge may, on the judge's own motion or at... thus called. (b) Interrogation by the judge. The judge may interrogate witnesses, whether called by the...

  9. Regional Integration Through Law: the Central American and Caribbean Cases

    DEFF Research Database (Denmark)

    Caserta, Salvatore

    2017-01-01

    . The two Court have also borrowed key jurisprudential principles from the CJEU with the goal of expanding the reach of Central American and Caribbean Community laws. Despite this, both Courts have thus far failed to foster supranationality in their respective systems. This is because the conditions...... allowing ICs to become engines of integration lie for the most part outside the direct control of the judges, most notably, in other institutional, political, and societal actors, such as national judges, regional organs, legal and political elites, as well as academics. The article, hence, suggests...

  10. Barak’s Purposive Interpretation in Law as a Pattern of Constitutional Interpretative Fidelity

    Directory of Open Access Journals (Sweden)

    Marinković Tanasije

    2016-12-01

    Full Text Available Political jurisprudence points out that constitutional court judges sometimes act like political actors, and that their decisions are a function of strategic and ideological as much as legal considerations. Consequently, the proper role of the courts, notably in exercising their review of constitutionality, has been one of the most debated issues in modern political and legal theory. Part of the controversy is also how to measure the interpretative fidelity of judges to the constitutional texts, or conversely, the level of their political engagement. This paper argues for the reconsideration of Aharon Barak’s Purposive Interpretation in Law in that light. Barak’s work was intended to provide, in the first place, judges and other lawyers with a sort of judicial philosophy – a holistic system of legal reasoning, applying both to the interpretation of will, contract, statute and constitution. Nevertheless, these conventions of legal reasoning, modified and readapted, could well be used also as heuristic tools by the academics in measuring the interpretative fidelity of judges to various sources of law. Accordingly, this paper clings closely to the presentation of Barak’s precepts for the purposive interpretation of constitutions, by focusing on the notions of subjective and objective purpose in interpreting constitutions, and how the potential conflicts between these purposes are resolved.

  11. 76 FR 29176 - Airworthiness Directives; Piper Aircraft, Inc. PA-23, PA-31, and PA-42 Airplanes

    Science.gov (United States)

    2011-05-20

    ...-0218; Directorate Identifier 2009-CE-006-AD] RIN 2120-AA64 Airworthiness Directives; Piper Aircraft... (AD) that applies to Piper Aircraft, Inc. PA-23, PA-31, and PA-42 airplanes. The existing AD currently... Federal holidays. For service information identified in this AD, contact Piper Aircraft, Inc., 2926 Piper...

  12. HAKIM AGUNG SEBAGAI AGENT OF CHANGE MENUJU LAW AND LEGAL REFORM

    Directory of Open Access Journals (Sweden)

    Samsul Wahidin

    2017-10-01

    Full Text Available Supreme Court as the nation institution in nation power was the legislative power keeper. The performance in law enforcement had always to adapt the increase of society law. Here, justice was enforced based on society justice feeling. Supreme Court institution was occupied by a person, namely Supreme Judge or judge of the Supreme Court. Supreme Judge as ?God Representative? in the world had to dig and accommodate the justice value in society. In upholding the law and justice, it had to be realized that it was a simultaneous and continuous effort by integrating various components with Supreme Court and supreme judge as the concrete agent. Various components in law enforcement had to integrate in realizing the law goal which processed with space and time. Space gave a chance toward the law action, both one which fitted law and that which broke it.The processing time gave a chance to people to be creative and innovative.In another perspective, integration did not only mean to build power, especially against law violation. The effort which had to be done continuously was to keep renewing the legal source, so the component in realizing the law goal could be renewed, not merely in the meaning as the spirit and all the implications but more than that, up to date renewing had to be done continuously. It became a demand that had to be fulfilled all the time. There was no word ?finish? and there was no term ?final. Process was the form of the finalization itself. ?Mahkamah Agung sebagai lembaga negara dalam sistem kekuasaan negara adalah penjaga kekuasaan legislatif. Kinerjanya dalam penegakan hukum harus senantiasa menyesuaikan dengan perkembangan hukum masyarakat. Di sini keadilan ditegakkan berdasarkan rasa keadilan masyarakat. Kelembagaan Mahkamah Agung diisi oleh person, yaitu Hakim Agung. Hakim Agung sebagai ?wakil Tuhan? di muka bumi, harus senantiasa menggali dan mengakomodasikan nilai keadilan dalam masyarakat. Dalam menegakkan hukum dan keadilan

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

    Directory of Open Access Journals (Sweden)

    Vuković Nikola

    2016-01-01

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

  14. Law-making functions of the Chinese courts:Judicial activism in a country of rapid social changes

    Institute of Scientific and Technical Information of China (English)

    WANG Chenguang

    2006-01-01

    The judicial production of law and the legislative production of law make a striking distinction between the two legal traditions.Despite of these differences,judges in both legal traditions in adjudicating cases have a common task,which is the application of legal rules to the facts of cases pending for judgments.The tension between the certainty and the "discretion" is universal for any legal system and,to a certain extent,it poses a hard dilemma for the rhetoric of rule of law.In the transitional countries such as China where rapid social changes and transformations take place,the judiciary and judges can not escape from taking more active roles in interpreting or even law making process.It arouses much controversy,particularly in continental legal traditions,for the judiciary is deemed to perform a mechanical role in adjudicating cases.This article intends to analyze the needs for judicial law.making function in China and its reasons.It reveals that judicial interpretation constitutes an important source of law despite its ambiguous legislative position.The article argues that judicial activism is inevitable against the transitional nature of current Chinese society.

  15. The need for scientists and judges to work together: regarding a new European network

    Science.gov (United States)

    Santosuosso, Amedeo; Redi, Carlo Alberto

    2003-01-01

    Is it always true to say that science is, by definition, universal whilst laws and the courts which apply them are a classic state and national expression? Yes and no. In recent years a new scenario has opened all over the world. Courts intervene more and more in disputes on matters related to scientific procedures in the biological field. In doing so the courts' decisions are affected by scientific issues and ways of reasoning and, on the other hand, affect the scientific field and its way of reasoning. While the old matter of bioethics was still alive and while judges were improving their skill in dealing with hard matters, like refusal of medical treatments, abortion, euthanasia et cetera, a new challenge appeared on the horizon, the challenge of biological sciences, and especially of the most troubled field of human genetics. A completely new awareness is developing among judges that they belong to an international judiciary community, as informal as it is real. Such a community is, even at an embryonic stage, sufficiently universal to be able to come together with the international scientific community. The authors maintain we are in urgent need for new interaction between judges and scientists and of new international means in the light of such cooperation. Judges and jurists need to become better acquainted with scientific questions and learn to exchange ideas with scientists. They also need to set themselves against the latters' conceptual systems and be willing to put their own up for discussion. A European Network for Life Sciences, Health and the Courts is taking its first steps, and judges and scientists are working side by side to tackle the new challenges. The provisional headquarters are located at the University of Pavia (I), Laboratorio di Biologia dello Sviluppo and Collegio Ghislieri (e-mail:. enlsc@unipv.it). ENLSC activity is inspired by the following idea: to be against science is as much antiscientific as to be acritically pro-science. PMID

  16. The need for scientists and judges to work together: regarding a new European network

    Directory of Open Access Journals (Sweden)

    Santosuosso Amedeo

    2003-07-01

    Full Text Available Abstract Is it always true to say that science is, by definition, universal whilst laws and the courts which apply them are a classic state and national expression? Yes and no. In recent years a new scenario has opened all over the world. Courts intervene more and more in disputes on matters related to scientific procedures in the biological field. In doing so the courts' decisions are affected by scientific issues and ways of reasoning and, on the other hand, affect the scientific field and its way of reasoning. While the old matter of bioethics was still alive and while judges were improving their skill in dealing with hard matters, like refusal of medical treatments, abortion, euthanasia et cetera, a new challenge appeared on the horizon, the challenge of biological sciences, and especially of the most troubled field of human genetics. A completely new awareness is developing among judges that they belong to an international judiciary community, as informal as it is real. Such a community is, even at an embryonic stage, sufficiently universal to be able to come together with the international scientific community. The authors maintain we are in urgent need for new interaction between judges and scientists and of new international means in the light of such cooperation. Judges and jurists need to become better acquainted with scientific questions and learn to exchange ideas with scientists. They also need to set themselves against the latters' conceptual systems and be willing to put their own up for discussion. A European Network for Life Sciences, Health and the Courts is taking its first steps, and judges and scientists are working side by side to tackle the new challenges. The provisional headquarters are located at the University of Pavia (I, Laboratorio di Biologia dello Sviluppo and Collegio Ghislieri (e-mail:. enlsc@unipv.it. ENLSC activity is inspired by the following idea: to be against science is as much antiscientific as to be

  17. The need for scientists and judges to work together: regarding a new European network.

    Science.gov (United States)

    Santosuosso, Amedeo; Redi, Carlo Alberto

    2003-07-01

    Is it always true to say that science is, by definition, universal whilst laws and the courts which apply them are a classic state and national expression? Yes and no. In recent years a new scenario has opened all over the world. Courts intervene more and more in disputes on matters related to scientific procedures in the biological field. In doing so the courts' decisions are affected by scientific issues and ways of reasoning and, on the other hand, affect the scientific field and its way of reasoning. While the old matter of bioethics was still alive and while judges were improving their skill in dealing with hard matters, like refusal of medical treatments, abortion, euthanasia et cetera, a new challenge appeared on the horizon, the challenge of biological sciences, and especially of the most troubled field of human genetics. A completely new awareness is developing among judges that they belong to an international judiciary community, as informal as it is real. Such a community is, even at an embryonic stage, sufficiently universal to be able to come together with the international scientific community. The authors maintain we are in urgent need for new interaction between judges and scientists and of new international means in the light of such cooperation. Judges and jurists need to become better acquainted with scientific questions and learn to exchange ideas with scientists. They also need to set themselves against the latters' conceptual systems and be willing to put their own up for discussion. A European Network for Life Sciences, Health and the Courts is taking its first steps, and judges and scientists are working side by side to tackle the new challenges. The provisional headquarters are located at the University of Pavia (I), Laboratorio di Biologia dello Sviluppo and Collegio Ghislieri (e-mail: enlsc@unipv.it). ENLSC activity is inspired by the following idea: to be against science is as much antiscientific as to be acritically pro-science.

  18. Mental Element of Bribery under Nigerian and Us (Federal) Anti-Bribery Laws: an Overview

    OpenAIRE

    Akeem Olajide BELLO

    2014-01-01

    Academic reviews have highlighted the problem of lack of clarity with Nigerian antibribery laws. It is important for the criminal law to clearly state the mental element of bribery. This would communicate to citizens, lawyers and judges what is wrong with bribery. It would also provide a yardstick to distinguish between the socio-cultural practice of gift-giving and bribery. This article analyses the mental element of bribery in Nigeria and federal anti-bribery laws in United Stat...

  19. Law School Faculty Hiring under Title VII: How a Judge Might Decide a Disparate Impact Case.

    Science.gov (United States)

    Redlich, Norman

    1991-01-01

    A judicial opinion concerning law school violations of Title VII of the Civil Rights Act of 1964 in faculty hiring is presented. The case concerns a black candidate rejected for an entry-level tenure-track position. Issues cited include the law school's mission and stated reasons for not hiring the candidate. (MSE)

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

    Science.gov (United States)

    Pizzera, Alexandra

    2012-01-01

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

  1. Newton's Law: Not so Simple after All

    Science.gov (United States)

    Robertson, William C.; Gallagher, Jeremiah; Miller, William

    2004-01-01

    One of the most basic concepts related to force and motion is Newton's first law, which essentially states, "An object at rest tends to remain at rest unless acted on by an unbalanced force. An object in motion in a straight line tends to remain in motion in a straight line unless acted upon by an unbalanced force." Judging by the time and space…

  2. Fuzzy Law and the Boundaries of Secularism

    Directory of Open Access Journals (Sweden)

    W Menski

    2010-12-01

    Full Text Available The author delivered a speech at a Religare Conference. Showing his distaste for fuzzy law, he argues that "moderate secularism" is not merely another fuzzy concept, but it is "super-fuzzy", and that lawyers claiming to love certainty "have a tendency to sit in judgment over matters and even pre-judge things they know little about, including legal pluralism" leading to much irritation.

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

    Science.gov (United States)

    Uspanov, Zholdybai T.; Turabayeva, Dana S.

    2016-01-01

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

  4. Study of nitrogen solubility in multicomponent iron alloys at its pressure in gaseous phase up to 1000kPa

    International Nuclear Information System (INIS)

    Pomarin, Yu.M.; Grigorenko, G.M.; Latash, Yu.V.; Kanibolotskij, S.A.

    1983-01-01

    A facility in which metal is melted in a weighed state and nitrogen partical pressure during relting may be charge from 0 to 1000 kPa is developed to investigate nitrogen solubility is liquim metals and alloys. Investigation of nitrogen solubility was performed using samples of 03Kh25N5AM3 steel and Kh20N5, Kh20N10, Kh40N10, Kh40N20 alloys. Positive deflection of [N]=f(√Psub(Nsub(2))) dependence from the Henry law is shown to be observed in the Kh40N10 alloy in the 100-1000 kPa pressure range. In this case the vatue of positive deflection decreases with temperature growth and at T=2273 K nitrogen solubility in the alloy submits to the law of square root. An equation permitting to calculate nitrogen solubility in alloys of Fe-Cr-Ni and Fe-Cr-Mn systems in the 0 to 1000 kPa range of nitrogen partial pressures is obtained

  5. A valiant champion of equity and humaneness: the legacy of Bert Röling for international criminal law

    NARCIS (Netherlands)

    van der Wilt, H.

    2010-01-01

    The author draws an intellectual portrait of the great Dutch international lawyer and judge. He considers in particular Röling’s contribution to international law made in his two principal works, the booklet on the ‘International Community in an Expanded World’ and The Hague lectures on the ‘Law of

  6. Individual Differences in Accurately Judging Personality From Text.

    Science.gov (United States)

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

    2016-08-01

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

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

    Science.gov (United States)

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

    2017-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Liviu-Titus Paveliu

    2014-11-01

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

  9. PaTux

    DEFF Research Database (Denmark)

    Abou-Zleikha, Mohamed; Shaker, Noor

    2014-01-01

    We present a demonstration of PaTux, an authoring tool for designing levels in SuperTux game through combining patterns. PaTux allows game designers to specify the design of their levels using patterns extracted from training level samples. The Non-negative Matrix Factorisation (NMF) method...

  10. the rule of law – a pillar for an enduring constitutional democracy

    African Journals Online (AJOL)

    Fr. Ikenga

    retrospective in effect, ie, conduct that was not a crime at a point in time should not be .... Judges should be guided by the rule of law, protect and enforces it without fear or ... despite the Court of Appeal nullifying the election in Ogun State.

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

    Directory of Open Access Journals (Sweden)

    V.V. Perederij

    2013-03-01

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

  12. Intercontinental nuclear transport from the private international law perspective

    International Nuclear Information System (INIS)

    Magnus, U.

    2000-01-01

    The aim of this paper is to give a survey on choice of law rules which apply outside the nuclear liability conventions in case of damage caused by international nuclear transports. We found a remarkable variety of solutions. Some of the solutions make it difficult or even impossible to predict in advance which substantive law in a hypothetical case would apply. These difficulties are increased by the fact that more often than not, a victim can choose where to sue and thereby also influence the final outcome of a case. As far as private international law rules apply - and as mentioned the non-ratification of the nuclear liability conventions by many nuclear states forces us to fall back on the choice of law rules in many cases - the applicable law and the hypothetical level of compensation therefore often remain uncertain when judged at the time of organisation of the nuclear transport. However, at this time the question of undertaking risks and of insurability must be decided. (author)

  13. 29 CFR 18.9 - Consent order or settlement; settlement judge procedure.

    Science.gov (United States)

    2010-07-01

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

  14. 8 CFR 246.4 - Immigration judge's authority; withdrawal and substitution.

    Science.gov (United States)

    2010-01-01

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

  15. Justices as “Sacred Symbols”: Antonin Scalia and the Cultural Life of the Law

    Directory of Open Access Journals (Sweden)

    Christopher Jones Brian

    2017-05-01

    Full Text Available Perhaps no single judge in recent years has embodied the intricacies and difficulties of the cultural life of the law as much as American Supreme Court Justice Antonin Scalia. While common law judges have traditionally acquired status—and cultural relevance—from the significance, eloquence and forcefulness of their judicial opinions, Justice Scalia took an altogether different route. Both on and off the bench, he pushed the limits of legal and political legitimacy. He did this through a strict adherence to what we call a “judicial mandate,” flamboyant but engaging writing, biting humor and widespread marketing of his originalist and textualist interpretative theories. This article chronicles these features of Scalia’s jurisprudence and public life more generally, ultimately characterising the late justice as a “sacred symbol” in American legal and political circles, and beyond.

  16. 13 CFR 134.715 - Can a Judge reconsider his decision?

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Can a Judge reconsider his decision? 134.715 Section 134.715 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION RULES OF....715 Can a Judge reconsider his decision? (a) The Judge may reconsider an appeal decision within 20...

  17. 8 CFR 1235.6 - Referral to immigration judge.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Referral to immigration judge. 1235.6 Section 1235.6 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE IMMIGRATION REGULATIONS INSPECTION OF PERSONS APPLYING FOR ADMISSION § 1235.6 Referral to immigration judge...

  18. What do the European Judges Strive for - An Empirical Assessment

    Directory of Open Access Journals (Sweden)

    Katarina Zajc

    2011-04-01

    Full Text Available Caseload backlogs and the quality of judicial decision-making have attracted worldwide scholarly attention for quite some time. The puzzle lies in explaining the observed persistence of backlogs alongside the quest for improvement in judicial decision-making. This is especially true since many countries, while trying to cope with this challenging issue, continue to enact regulatory provisions to seemingly improve the judiciary. The principal and agent theory suggests that the incentives of the agent (courts and the principal (citizens are going to be aligned under certain circumstances. This article analyzes the incentive mechanisms of continental judicial administration in view of traditional principal-agent theory and provides additional insights into the current legal, behavioral and economic discussion. Specifically, the article analyzes whether the current incentives for judges are in line with theoretical predictions. If one takes for granted that the European-continental judicial systems can be treated as bureaucratic systems, then discussion should, apart from judicial salary increases, focus upon interpretation of the observed differences in evaluation of judges in different countries, and upon the main incentives for judges’ good performance and promotion. This article offers a multidisciplinary analysis of current European and most recent Finnish guidelines on effectiveness and quality of judicial administration, and provides a law and economics assessment of proposed guidelines. Moreover, the identified multiplication effect of sticks in judiciary setting offer an additional argument for cautious application or even complete abolishment of such an inducement mechanism.- By Katarina Zajc and Mitja Kovac

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

    Science.gov (United States)

    Looney, Marilyn A.

    2012-01-01

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

  20. Marriage From the Perspective of Economics of Law

    Directory of Open Access Journals (Sweden)

    علی تازیکی‌نژاد

    2015-12-01

    Full Text Available Marriage law, as part of general pattern of family, is a policy instrument that defines optimal behavioral standards for matrimonial relationship through ordaining sanctions. Imposing such standards regardless of their consequences may result in anxiety in the family institution and subsequently in the society itself and may raise the motivation of defensive behaviors among people and as a result will increase the cost of legislative and judicial system. Economic approach to the marriage law with analyzing aftermath of laws on couple's behavior is looking for minimizing marriage costs including couple, society and judiciary system costs, and maximizing the cost of its inefficient breach. Incentive role of family law and its supplements, such as labor laws, tax and employment affairs etc., on the rate of marriage and divorce, the amount of dowry and other couple's decisions is a topic that economics of family law is recently very focused on. This article, in the form of “contract” and “market” and by using of concepts including costs, benefits, efficiency, competition and monopolywill present the economic analysis of marriage and other related legal concepts and is to introduce a new approach to Iranian family legislators and judges.

  1. Of Controversial Aspects from Maria da Penha’s Law

    OpenAIRE

    Galdino, Valéria Silva; Cesumar

    2008-01-01

    The present work aims at analyzing Maria da Penha’s Law which treats about the domestic violence in our country. Will be analyzed the new concept of family introduced by this law, its constitutionality and also the modifications occurred on the Criminal Code, on the Criminal Process Code and on the Law of Criminal Executions. El presente trabajo tiene como objetivo evaluar la ley María da Penha que trata de la violencia domestica y familiar en nuestro país. Se hará el análisis del nuevo co...

  2. 8 CFR 235.6 - Referral to immigration judge.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Referral to immigration judge. 235.6 Section 235.6 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS INSPECTION OF PERSONS APPLYING FOR ADMISSION § 235.6 Referral to immigration judge. (a) Notice—(1) Referral by Form I...

  3. Liability according to civil law regarding border-crossing nuclear damage

    International Nuclear Information System (INIS)

    Baer, Caroline

    1987-12-01

    The problem of the liability in border-crossing damage caused by a nuclear-reactor accident is divided into two different areas: the liability according to international law of the state, and liability according to civil right of the licensee of a nuclear power plant. In this study attention is paid to the question of the liability according to civil right: is it possible that an aggrieved obtains compensation for damage? This is investigated on the basis of three standard questions of international private law: which judge is qualified, which law is to be applied, and is acknowledgement and execution of foreign sentences possible? First a historical survey is given of international agreements and national legislations regarding third-party liability. (author). 112 refs

  4. A particular articulation of judicial activism of the CJEU in its approach towards international law

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2012-01-01

    This paper seeks to provide a theoretical and methodological framework that can be used in assessing the judicial activism of the Court of Justice of the European Union (CJEU) in its jurisprudence dealing with public international law. The underlying questions are: What underpins the judicial...... activism of the EU judge in the jurisprudence concerning the relationship between European and public international law? How does the EU judge’s approach to international law shape the relationship between the two legal orders? The chapter proposes the hypothesis that judicial activism and a pluralistic...

  5. Expression of uPA, tPA, and PAI-1 in Calcified Aortic Valves

    Directory of Open Access Journals (Sweden)

    Najlah Kochtebane

    2014-01-01

    Full Text Available Purpose. Our physiopathological assumption is that u-PA, t-PA, and PAI-1 are released by calcified aortic valves and play a role in the calcification of these valves. Methods. Sixty-five calcified aortic valves were collected from patients suffering from aortic stenosis. Each valve was incubated for 24 hours in culture medium. The supernatants were used to measure u-PA, t-PA, and PAI-1 concentrations; the valve calcification was evaluated using biphotonic absorptiometry. Results. Aortic stenosis valves expressed normal plasminogen activators concentrations and overexpressed PAI-1 (u-PA, t-PA, and PAI-1 mean concentrations were, resp., 1.69 ng/mL ± 0.80, 2.76 ng/mL ± 1.33, and 53.27 ng/mL ± 36.39. There was no correlation between u-PA and PAI-1 (r=0.3 but t-PA and PAI-1 were strongly correlated with each other (r=0.6. Overexpression of PAI-1 was proportional to the calcium content of the AS valves. Conclusions. Our results demonstrate a consistent increase of PAI-1 proportional to the calcification. The overexpression of PAI-1 may be useful as a predictive indicator in patients with aortic stenosis.

  6. Soft Regulators, though judges

    NARCIS (Netherlands)

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

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

  7. LAW ENFORCEMENT PREPAREDNESS FOR THE IMPLEMENTATION OF INDONESIA’S LAW ON JUVENILE JUSTICE SYSTEM

    Directory of Open Access Journals (Sweden)

    Dani Krisnawati

    2014-03-01

    Full Text Available Paradigmatic changes stipulated in Law Number 11 of 2012 on Juvenile Justice System, including regulations concerning restorative justice and diversion require the competency and skills of the law enforcement officers. This research identifies measures that have been taken and the existing barriers in preparing for the implementation of this Law. The research demonstrates that the readiness of the investigators and child prosecutors are merely limited to the outreach of Law Number 11 of 2012, whilst knowledge of the court judges only covers the draft Law. The number of officers receiving outreach is limited and should be increased. Negative perception on the officers due to the risk of a bribery accusation is feared to hamper the implementation of diversion regulation based on a restorative justice. Perubahan paradigmatik yang termuat dalam Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak, termasuk diantaranya ketentuan mengenai keadilan restoratif dan diversi, memerlukan kompetensi dan keahlian aparat penegak hukum. Penelitian ini mengidentifikasi langkah yang telah dilakukan dan kendala persiapan implementasi Undang-Undang tersebut. Hasil penelitian memperlihatkan bahwa kesiapan penyidik dan penuntut umum anak masih terbatas pada partisipasi sosialisasi Undang-Undang Nomor 11 Tahun 2012, sedangkan hakim anak memiliki pengetahuan hanya pada Rancangan Undang-Undang. Jumlah aparat yang menerima sosialisasi Undang-Undangmasih terbatas dan perlu ditingkatkan jumlahnya. Pandangan negatif terhadap aparat karena bisa menimbulkan dugaan suap dikhawatirkan menjadi penghambat diterapkannya ketentuan diversi dengan pendekatan keadilan restoratif.

  8. THE MÉLANGE OF INNOVATION AND TRADITION IN MALTESE LAW: THE ESSENCE OF THE MALTESE MIX?

    Directory of Open Access Journals (Sweden)

    B Andò

    2012-09-01

    Full Text Available Aim of this paper is to provide valuable insights into the Maltese legal system with a special focus on private law. The assumption is that this legal system is the by-product of the "mixing" of innovation and tradition, resulting from the interaction of English law and continental law. A major role in the development of the system is played by courts. Some examples (moral damages and pre-contractual liability are considered which highlight the importance of the function displayed by Maltese judges.

  9. Kinetic characterization of tissue-type plasminogen activator (t-PA) and t-PA deletion mutants

    NARCIS (Netherlands)

    de Vries, C. [=Carlie J. M.; Veerman, H.; Nesheim, M. E.; Pannekoek, H.

    1991-01-01

    The binding of t-PA to fibrin is mediated both by its "finger" (F) and its "kringle 2" (K2) domain. In addition, these domains are involved in the stimulation of t-PA activity by fibrin. We analyzed the kinetic characteristics of Glu-plasminogen activation by t-PA and a set of t-PA deletion mutants

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

    Directory of Open Access Journals (Sweden)

    Russell L. Weaver

    2010-10-01

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

  11. The Fractal Characteristics of the Landslides by Box-Counting and P-A Model

    Science.gov (United States)

    Wang, Zhiwang; Zhou, Fangfang; Cao, Hao

    2018-01-01

    The landslide is a kind of complicated phenomenon with nonlinear inter-reaction. The traditional theories and methods are difficult to study the uncertainty characteristics of dynamic evolution of the landslides. This paper applies box-counting and P-A model to study the fractal characteristics of geometric shape and spatial distribution of the landslide hazards in the study area from Badong county to Zigui county in TGP reservoir region. The data obtained from the study area shows power-law distributions of geometric shape and spatial distribution of the landslides, and thus reveals some fractal or self-similarity properties. The fractral dimensions DAP of the spatial distribution of landslides by P-A model shows that DAP of the western landslides in the study area are smaller than those of the east, which shows that the geometry of the eastern landslide is more irregular and complicated than the western ones. The results show box-counting model and P-A model can be used to characterize the fractal characteristics of geometric shape and spatial distribution of the landslides.

  12. Problems of Soviet procedural law enforcement in 1930s.

    Directory of Open Access Journals (Sweden)

    Alexander Kodintsev

    2017-01-01

    Full Text Available УДК 340.158The subject. Features of the organization of justice and the quality of procedural law enforcement in the USSR in the 1930s.The purpose. The determination of historical patterns of judicial enforcement in the USSR in the 1930s and the identification of the causes of the ineffectiveness of the proceedings in this period.Methodology. The author uses historical legal method, formal legal interpretation of statutes, the method of analysis of judicial statistics.Results, scope of application. After the criminal law campaigns of the early 1930s the judg-ment in the Soviet Union was in a disturbed condition. The Soviet civil process was almost absolutely eliminated. Tens thousands materials of court cases were lost throughout the Union every year. The courts were extremely busy.The courts used accusatory approach. The petitions of the accused were almost never solved. Prisoners were not handed copies of the indictments.During the terror of the old evils of the judicial system worsened, the destruction of the judicial process began. The timeframe for completing cases increased. Almost half of criminal cases in case of complaint (appeal has been revised by the higher courts. The courts again applied the simplified procedure.At the end of the 1930s the procedural regulation of the judicial work was the duty of People's Commissariat of Justice of the USSR and of the Supreme Court of the USSR. USSR Supreme Court continued to take decisions in litigation in the plenums. The Boards of Su-preme Court examines cases influencing law of practice.The quality of judgment by the Supreme Courts of the Republics of Soviet Union in the late 1930s did not change significantly in comparison with the previous period. This was due to constant staff turnover and low level of qualification of judges. The Supreme Courts of the Republics had no Plenum, so they could influence law of practice by the rulings of of the Boards. These rulings were extremely ignorant

  13. Structure and activity of the Pseudomonas aeruginosa hotdog-fold thioesterases PA5202 and PA2801.

    Science.gov (United States)

    Gonzalez, Claudio F; Tchigvintsev, Anatoli; Brown, Greg; Flick, Robert; Evdokimova, Elena; Xu, Xiaohui; Osipiuk, Jerzy; Cuff, Marianne E; Lynch, Susan; Joachimiak, Andrzej; Savchenko, Alexei; Yakunin, Alexander F

    2012-06-15

    The hotdog fold is one of the basic protein folds widely present in bacteria, archaea and eukaryotes. Many of these proteins exhibit thioesterase activity against fatty acyl-CoAs and play important roles in lipid metabolism, cellular signalling and degradation of xenobiotics. The genome of the opportunistic pathogen Pseudomonas aeruginosa contains over 20 genes encoding predicted hotdog-fold proteins, none of which have been experimentally characterized. We have found that two P. aeruginosa hotdog proteins display high thioesterase activity against 3-hydroxy-3-methylglutaryl-CoA and glutaryl-CoA (PA5202), and octanoyl-CoA (PA2801). Crystal structures of these proteins were solved (at 1.70 and 1.75 Å for PA5202 and PA2801 respectively) and revealed a hotdog fold with a potential catalytic carboxylate residue located on the long α-helix (Asp(57) in PA5202 and Glu(35) in PA2801). Alanine residue replacement mutagenesis of PA5202 identified four residues (Asn(42), Arg(43), Asp(57) and Thr(76)) that are critical for its activity and are located in the active site. A P. aeruginosa PA5202 deletion strain showed an increased secretion of the antimicrobial pigment pyocyanine and an increased expression of genes involved in pyocyanin biosynthesis, suggesting a functional link between PA5202 activity and pyocyanin production. Thus the P. aeruginosa hotdog thioesterases PA5202 and PA2801 have similar structures, but exhibit different substrate preferences and functions.

  14. Feng shui pa-kua / Ann Tenno

    Index Scriptorium Estoniae

    Tenno, Ann, 1952-

    2003-01-01

    Pa-kua sümbol, kolmikmärkide Varane Taevane Järjestus - yin pa-kua ja Hilisem Taevane Järjestus - yang pa-kua. Inimeste kodude - majade ja aedade kujundamiseks kasutatakse Hilisema Taevase Järjestuse pa-kua'd. Pa-kua kolmikmärgid yang pa-kua järjestuses, soovitusi aia kujundamiseks. 8 ill

  15. Towards a More Responsive Judge: Challenges and Opportunities

    Directory of Open Access Journals (Sweden)

    Machteld W. de Hoon

    2014-11-01

    Full Text Available This paper explores the changes that have taken place in the attitude of judges towards their role and tasks as well as actual judicial practices. The result of this exploration is a reflection upon the challenges and opportunities for a new, more responsive judge. The main characteristic of this new judge is that he or she looks beyond the purely legal coordinates of the dispute, in order to discuss which method of dispute resolution (a settlement, a referral to mediation or a court decision is most likely to result in a viable and sustainable solution. These changes in attitude are part of broader developments that have taken place in actual judicial practices. The context in which these changes have occurred helps us to gain a better understanding of the changes, the barriers to change and the opportunities to overcome these challenges. The leading assumption in this research is that during the past ten years there has been an extensive change in the way judges think about their role in dispute resolution and at the same time many judges experience difficulties in applying their new-found understanding to their work in the courts. Our data have been gathered through court observations, interviews and expert meetings. In addition, our analyses are based on relevant literature in the field of judicial dispute resolution (JDR as well as insights from our own previous research projects. We primarily focus on civil and administrative disputes in the Netherlands. Occasionally, we also point to trends and challenges elsewhere.

  16. Individual Evaluation of Judges in Germany

    Directory of Open Access Journals (Sweden)

    Johannes Riedel

    2014-12-01

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

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

    African Journals Online (AJOL)

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

  18. Governance and law in transition states : [doktoritöö] / Taavi Annus ; juhendaja: Wolfgang Drechsler

    Index Scriptorium Estoniae

    Annus, Taavi, 1977-

    2004-01-01

    Sisaldab artikleid: Comparative constitutional reasoning : the law and strategy of selecting the right arguments ; Die Verfassungsentwicklung in Estland von 1992 bis 2001 ; Judicial behavior in transition : the effects of judge and defendant characteristics ; The right to health protection in the Estonian Constitution ; German authors on Estonian minority rights

  19. Delays in medical malpractice litigation in civil law jurisdictions: some evidence from the Italian Court of Cassation.

    Science.gov (United States)

    Grembi, Veronica; Garoupa, Nuno

    2013-10-01

    Medical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction of delays does not seem to be related to legal reforms but rather explained by other factors.

  20. 76 FR 36395 - Airworthiness Directives; Piper Aircraft, Inc. Models PA-24, PA-24-250, and PA-24-260 Airplanes

    Science.gov (United States)

    2011-06-22

    ...-0639; Directorate Identifier 2011-CE-016-AD] RIN 2120-AA64 Airworthiness Directives; Piper Aircraft... identified in this proposed AD, contact Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida 32960... September 15, 2004. This SAIB alerted owners and operators of Piper Aircraft, Inc. (Piper) Models PA-23, PA...

  1. Inter-Judge Agreement in Classifying Students as Learning Disabled.

    Science.gov (United States)

    Epps, Susan; And Others

    Eighteen judges with backgrounds in assessment, decision making, and learning disabilities were asked to use an array of information to differentiate learning disabled (LD) and non-learning disabled students. Each judge was provided with forms containing information on 42 test or subtest scores of 50 school-identified LD students and 49 non-LD…

  2. Key features of hip hop dance motions affect evaluation by judges.

    Science.gov (United States)

    Sato, Nahoko; Nunome, Hiroyuki; Ikegami, Yasuo

    2014-06-01

    The evaluation of hip hop dancers presently lacks clearly defined criteria and is often dependent on the subjective impressions of judges. Our study objective was to extract hidden motion characteristics that could potentially distinguish the skill levels of hip hop dancers and to examine the relationship between performance kinematics and judging scores. Eleven expert, six nonexpert, and nine novice dancers participated in the study, where each performed the "wave" motion as an experimental task. The movements of their upper extremities were captured by a motion capture system, and several kinematic parameters including the propagation velocity of the wave were calculated. Twelve judges evaluated the performances of the dancers, and we compared the kinematic parameters of the three groups and examined the relationship between the judging scores and the kinematic parameters. We found the coefficient of variation of the propagation velocity to be significantly different among the groups (P < .01) and highly correlated with the judging scores (r = -0.800, P < .01). This revealed that the variation of propagation velocity was the most dominant variable representing the skill level of the dancers and that the smooth propagation of the wave was most closely related to the evaluation by judges.

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

    DEFF Research Database (Denmark)

    Villadsen, Jørgen

    2015-01-01

    Today we have software in many artefacts, from medical devices to cars and airplanes, and the software must not only be efficient and intelligent but also reliable and secure. Tests can show the presence of bugs but cannot guarantee their absence. A machine-checked proof using mathematical logic...... pen and paper because no adequate tool was available. The learning problem is how to make abstract concepts of logic as concrete as possible. ProofJudge is a computer system and teaching approach for teaching mathematical logic and automated reasoning which augments the e-learning tool NaDeA (Natural...

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

    DEFF Research Database (Denmark)

    Villadsen, Jørgen

    2016-01-01

    Today we have software in many artefacts, from medical devices to cars and airplanes, and the software must not only be efficient and intelligent but also reliable and secure. Tests can show the presence of bugs but cannot guarantee their absence. A machine-checked proof using mathematical logic...... using pen and paper because no adequate tool was available. The learning problem is how to make abstract concepts of logic as concrete as possible. ProofJudge is a computer system and teaching approach for teaching mathematical logic and automated reasoning which augments the e-learning tool Na...

  5. 43 CFR 30.243 - How will the judge decide my petition for reopening?

    Science.gov (United States)

    2010-10-01

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

  6. Optical, gravitational, and kinesthetic determinants of judged eye level

    Science.gov (United States)

    Stoper, Arnold E.; Cohen, Malcolm M.

    1989-01-01

    Subjects judged eye level, defined in three distinct ways relative to three distinct reference planes: a gravitational horizontal, giving the gravitationally referenced eye level (GREL); a visible surface, giving the surface-referenced eye level (SREL); and a plane fixed with respect to the head, giving the head-referenced eye level (HREL). The information available for these judgements was varied by having the subjects view an illuminated target that could be placed in a box which: (1) was pitched at various angles, (2) was illuminated or kept in darkness, (3) was moved to different positions along the subject's head-to-foot body axis, and (4) was viewed with the subjects upright or reclining. The results showed: (1) judgements of GREL made in the dark were 2.5 deg lower than in the light, with a significantly greater variability; (2) judged GREL was shifted approximately half of the way toward SREL when these two eye levels did not coincide; (3) judged SREL was shifted about 12 percent of the way toward HREL when these two eye levels did not coincide, (4) judged HREL was shifted about half way toward SREL when these two eye level did not coincide and when the subject was upright (when the subject was reclining, HREL was shifted approx. 90 percent toward SREL); (5) the variability of the judged HREL in the dark was nearly twice as great with the subject reclining than with the subject upright. These results indicate that gravity is an important source of information for judgement of eye level. In the absence of information concerning the direction of gravity, the ability to judge HREL is extremely poor. A visible environment does not seem to afford precise information as to judgements of direction, but it probably does afford significant information as to the stability of these judgements.

  7. The molecular concept of law

    Directory of Open Access Journals (Sweden)

    Hendrik Gommer

    2011-04-01

    Full Text Available In his famous work The Concept of Law Hart asked himself the question 'what is law?' Hart makes a very strict distinction between rules and morals: morals are rooted in biology, rules source back to society. Hart's sociological truisms have proven to be untrue, because modern evolutionary biology is not about the survival of the individual (or even of a species but about the spreading of genes. This knowledge changes the fundamentals of Hart's theory and therefore his theory as a whole. In addition, my theory captures vital insights of Dworkin, legal realism, Posner and CLS, while at the same time forming a significant improvement upon them.In essence, the biological theory of law presented in this article is based on fractal patterns. Macroscale patterns recur in microscale patterns. The spreading of genes depends on important characteristics of genes: they are stable, they replicate, they need nutrients to replicate and they can cooperate. Superficially, genes, cells, organisms and groups may seem to act purposefully, but it is merely a pattern, with genes as generators, that brings structure to chaos. Human desires are in fact the needs of their genes. Thanks to language, morals can be put in words and become rules. To keep everyone working together, we need an ingenious device - like the law - to maintain that complex situations can continue to be judged on the basis of the simple principle of stability and reciprocity. To a degree, therefore, law itself can be derived from unconscious emotions and morals.

  8. Atomic energy and modifications in the law

    International Nuclear Information System (INIS)

    Lerche, P.

    1981-01-01

    Licensing procedures concerning large-scale projects are characterized by special features which, in this combination, are not known to ''traditional'' administrative procedures and to administrative proceedings. As an example, we have to make mention of the necessity to assess the repercussions highly complex chemical, physical and technological relationships have, and of the (potential) involvement of the masses, as well as of relevant controversial decisions and their economic consequences. Judges and jurists are trying to cope with the arising problems by setting up new legal models and conditions for procedures which are not laid down. Here, a development in law was launched or at least pushed ahead which has led to a partly discernible, partly covered change in subjective administrative law, administrative procedures and proceedings the import of which will be fully recognized only little by little. (HSCH) [de

  9. Plasminogen activation independent of uPA and tPA maintains wound healing in gene-deficient mice

    DEFF Research Database (Denmark)

    Lund, Leif R; Green, Kirsty A; Stoop, Allart A

    2006-01-01

    Simultaneous ablation of the two known activators of plasminogen (Plg), urokinase-type (uPA) and the tissue-type (tPA), results in a substantial delay in skin wound healing. However, wound closure and epidermal re-epithelialization are significantly less impaired in uPA;tPA double-deficient mice ...

  10. Distortions in Judged Spatial Relations.

    Science.gov (United States)

    Stevens, Albert

    1978-01-01

    Distortions in judgments of relative geographical relations were observed, particularly when the locations were in different geographical or political units. Subjects distorted the judged relation to conform with the relation of the superordinate political unit. A model for the hierachical storage of spatial information is presented. (Author/RD)

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

    Directory of Open Access Journals (Sweden)

    Gary C Kessler

    2011-03-01

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

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

    Science.gov (United States)

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

    2012-05-01

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

  13. CIVIL AND CRIMINAL RULES OF THE BABYLONIAN LAW

    Directory of Open Access Journals (Sweden)

    Ion Tutuianu

    2013-12-01

    Full Text Available By its age and principles, Babylonian law has drawn attention of all epochs, laying at the basis of scientific development of modern law. The regulation, more than 4000 years ago, of property, family, obligations, public administration, succession, probation principle, represents the proof that the institutions which today regulate these aspects, have been a preoccupation for mankind ever since its beginning. Even if penalties were distributed depending on social status, a progressive element is represented by the fact that the act could only be punished if it met the condition of intent. The legal monument of this system of law, Hammurabi Code, has an important signification by the fact that upon that date, the law and the judges aimed at ensuring life to citizens and to guarantee them certain rights, considerably more than other countries in the epoch. It is striking that in antiquity, the right of succession lies all the children regardless of the number of marriages and criminal aspect beyond class character, crimes regulation retained the substance, the changes incurred on penalties take into account the evolution of human rights, as how malpractice mutilation was replaced by pecuniary or administrative penalty.

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

    OpenAIRE

    Gary C Kessler

    2011-01-01

    As digital evidence grows in both volume and importance in criminal and civil courts, judges need to fairly and justly evaluate the merits of the offered evidence. To do so, judges need a general understanding of the underlying technologies and applications from which digital evidence is derived. Due to the relative newness of the computer forensics field, there have been few studies on the use of digital forensic evidence and none about judges’ relationship with digital evidence.This paper d...

  15. 7 CFR 1.173 - Judges.

    Science.gov (United States)

    2010-01-01

    ... proceeding, (2) is related within the third degree by blood or marriage to any party to the proceeding, or (3... present. Any memorandum or other communication addressed to the Judicial Officer or a Judge, during the... prior to any hearing to be conducted by telephone or audio-visual telecommunication; (8) Require that...

  16. 8 CFR 1003.9 - Office of the Chief Immigration Judge.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Office of the Chief Immigration Judge. 1003.9 Section 1003.9 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Office of the Chief Immigration Judge...

  17. 8 CFR 1246.4 - Immigration judge's authority; withdrawal and substitution.

    Science.gov (United States)

    2010-01-01

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

  18. The nuclear structure of [sup 229]Pa from the [sup 231]Pa(p,t)[sup 229]Pa and [sup 230]Th(p,2n[gamma])[sup 229]Pa reactions

    Energy Technology Data Exchange (ETDEWEB)

    Levon, A.I. (Sektion Physik, University of Munich, D-85748 Garching (Germany)); De Boer, J. (Sektion Physik, University of Munich, D-85748 Garching (Germany)); Graw, G. (Sektion Physik, University of Munich, D-85748 Garching (Germany)); Hertenberger, R. (Sektion Physik, University of Munich, D-85748 Garching (Germany)); Hofer, D. (Sektion Physik, University of Munich, D-85748 Garching (Germany)); Kvasil, J. (Sektion Physik, University of Munich, D-85748 Garching (Germany)); Loesch, A. (Sektion Physik, University of Munich, D-85748 Garching (Germany)); Mueller-Zanotti, E. (Sektion Physik, University of Munich, D-85748 Garching (Germany)); Wuerkner, M. (Sektion Physik, University of Munich, D-85748 Garching (Germany)); Baltzer, H. (Institut fuer Strahlen- und Kernphysik, University of Bonn, D-53115 Bonn (Germany)); Grafen, V. (Institut fuer Strahlen- und Kernphysik, University of Bonn, D-53115 Bonn (Germany)); Guenther, C. (Institut fuer Strahlen- und Kernphysik, University of

    1994-08-29

    The level structure of the [sup 229]Pa nucleus has been investigated by means of the [sup 231]Pa(p,t)[sup 229]Pa and [sup 230]Th(p,2n[gamma])[sup 229]Pa reactions. Triton angular-distribution measurements were subjected to a CCBA analysis and combined with the results of in-beam conversion electron and [gamma]-ray spectroscopy to establish a level scheme. Two low-lying bands of opposite parity were observed up to spins (23/2)[sup -] and (17/2)[sup +], respectively. Rotational bands built on some 0[sup +] excitations of the even-even core can be assigned. The lowest states of three further low-lying bands are observed. The level scheme is interpreted in terms of an octupole-deformed core with an unpaired proton. From the E1/E2 branching ratio the electric dipole moment can be deduced vertical stroke D[sub 0]vertical stroke =(0.09 [+-]0.04) e .fm. ((orig.))

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

    Directory of Open Access Journals (Sweden)

    Lunga Siyo

    2015-11-01

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

  20. Measuring stigma in children receiving mental health treatment: Validation of the Paediatric Self-Stigmatization Scale (PaedS).

    Science.gov (United States)

    Kaushik, A; Papachristou, E; Dima, D; Fewings, S; Kostaki, E; Ploubidis, G B; Kyriakopoulos, M

    2017-06-01

    Research on the impact of stigma associated with mental illness in children is scarce. Considering the known negative effects of stigma associated with mental illness in adults, it is crucial to explore the stigma experienced by children who access mental health treatment. However, no scale measuring self-stigmatization in younger children is available to date. This study aimed to develop and validate such a scale, the Paediatric Self-Stigmatization Scale (PaedS). A total of 156 children (119 receiving outpatient and 37 receiving inpatient treatment), aged 8-12 years, completed the PaedS, the Self-Perception Profile for Children and the Pediatric Quality of Life Inventory (PedsQL - Child Report, ages 8-12). In addition, parents completed the PedsQL (Parent Report for Children, ages 8-12), the Strengths and Difficulties Questionnaire (SDQ) and a modified subscale of the PaedS measuring the children's rejection by others due to their mental health difficulties. A confirmatory factor analysis showed that a four-factor structure, comprising Societal Devaluation, Personal Rejection, Self-Stigma and Secrecy scales, had excellent fit to the data (CFI=0.95; TLI=0.95; RMSEA=0.05). Child-reported PaedS scores were positively correlated with parental-reported PaedS scores and negatively with PedsQL, the SDQ, and 5 out of 6 subscales of the Self-Perception Profile for Children, suggesting adequate convergent validity (all P-values<0.05). The PaedS is a valid instrument, which is hoped to advance the understanding of self-stigmatization in children with mental health difficulties and contribute to its prevention. Copyright © 2017 Elsevier Masson SAS. All rights reserved.

  1. Simplified PCR protocols for INNO-LiPA HBV Genotyping and INNO-LiPA HBV PreCore assays

    NARCIS (Netherlands)

    Qutub, Mohammed O.; Germer, Jeffrey J.; Rebers, Sjoerd P. H.; Mandrekar, Jayawant N.; Beld, Marcel G. H. M.; Yao, Joseph D. C.

    2006-01-01

    INNO-LiPA HBV Genotyping (LiPA HBV GT) and INNO-LiPA HBV PreCore (LiPA HBV PC) are commercially available assays for hepatitis B virus (HBV) characterization. These assays are labor-intensive and may be prone to exogenous DNA contamination due to their use of nested PCR amplification procedures and

  2. CHILD MAINTENANCE IN TURKISH LAW

    Directory of Open Access Journals (Sweden)

    Banu Bilge Sarihan

    2017-12-01

    Full Text Available The concept of alimony; the dictionary defines as, the whole of what is needed to make a living; as the legal sense is defined as connected with one month to one court decision that obliged to provide for. Family members of a moral rule, first of all to help each other. This moral without often any coercion parties in the framework adapts to this rule, but in this case the legislator for the processing always smoothly, has made it a statutory duty by going to road regulations to help each other for certain family members. Assistance in the form of alimony and child support maintenance can be divided into two main groups. Support resulting from family law, commonly referred to as maintenance support. Maintenance alimony; temporary alimony, child maintenance and poverty alimony. The care and upbringing of children in the marital union is entitled to custody of the mother and father in the framework. Mother and father use custody together. Custody of minors and adult children must sometimes restricted to persons, about paying attention to both the goods and to represent them as a whole of the rights and obligations of the law have been installed on the parents. Common life of the spouses or by court order issued at the end of separation has occurred judge may give custody to one of the spouses. side with custody of children have been left to him is obliged to look after and educate them. However, not given custody of his side, must participate in their child's care and education expenses amount to be determined by the judge according to financial strength. Associates alimony, separation or nullity or divorce, child custody as a result of which he had left his wife, child care and the financial strength to participate in the rate training expenses. Associates alimony, not a liability connected to custody, is a natural consequence of being parents. Because spouses are obliged to take care of children's care and upbringing. Child maintenance is

  3. Lawfulness of Interrogation Techniques under the Geneva Conventions

    Science.gov (United States)

    2004-09-08

    on Interrogation Process (June 22, 2004), available at [http://www.defenselink.mil/releases/2004/ nr20040622-0930.html]. 2 See A. J . BARKER, PRISONERS...U.S. ARMY JUDGE ADVOCATE SCHOOL, LAW OF WAR WORKSHOP DESKBOOK 83 (CDR Brian J . Bill, ed. 2000) [hereinafter “ L O W D E S K B O O K ” ] , a v a i l...or purpose behind the conduct is a prohibited purpose. See Prosecutor v. Kunarac, Kovac and Vukovic , Nos. IT-96-23 and IT-96-23/11, para. 486 (ITCY

  4. 32 CFR 776.53 - Responsibilities of the Judge Advocate General and supervisory attorneys.

    Science.gov (United States)

    2010-07-01

    ... of the Judge Advocate General and supervisory attorneys. (a) Responsibilities of the Judge Advocate General and supervisory attorneys. (1) The JAG and supervisory attorneys shall make reasonable efforts to... 32 National Defense 5 2010-07-01 2010-07-01 false Responsibilities of the Judge Advocate General...

  5. The Dissociation of Notions as a Tool for Justification: A study on practical reasoning in common law decisions

    OpenAIRE

    Ferry, Victor

    2012-01-01

    As an instance of the typical interaction between general argumentation theory and judicial argumentation practice, this paper uses the dissociation of notions, a concept elaborated by the former, possibly as from observations on the latter, to reexamine two well-known common law cases, in which the judges justify an interpretation grounded on the spirit of the law as opposed to a narrow interpretation of precedents. The author compares two current rival theoretical perspectives on the dissoc...

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

    Science.gov (United States)

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

    2015-06-17

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

  7. 43 CFR 4.2 - Membership of appeals boards; decisions, functions of Chief Judges.

    Science.gov (United States)

    2010-10-01

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

  8. 43 CFR 30.239 - How will the judge decide a petition for rehearing?

    Science.gov (United States)

    2010-10-01

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

  9. 43 CFR 30.145 - When can a judge reduce or disallow a claim?

    Science.gov (United States)

    2010-10-01

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

  10. Judging Criterion of Controlled Structures with Closely Spaced Natural Frequencies

    International Nuclear Information System (INIS)

    Xie Faxiang; Sun Limin

    2010-01-01

    The structures with closely spaced natural frequencies widely exist in civil engineering; however, the judging criterion of the density of closely spaced frequencies is in dispute. This paper suggests a judging criterion for structures with closely spaced natural frequencies based on the analysis on a controlled 2-DOF structure. The analysis results indicate that the optimal control gain of the structure with velocity feedback is dependent on the frequency density parameter of structure and the maximum attainable additional modal damping ratio is 1.72 times of the frequency density parameter when state feedback is applied. Based on a brief review on the previous researches, a judging criterion related the minimum frequency density parameter and the required mode damping ratio was proposed.

  11. 43 CFR 30.235 - What will the judge's decision in a formal probate proceeding contain?

    Science.gov (United States)

    2010-10-01

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

  12. 75 FR 43397 - Airworthiness Directives; Piper Aircraft, Inc. Models PA-32R-301T and PA-46-350P Airplanes

    Science.gov (United States)

    2010-07-26

    ... Airworthiness Directives; Piper Aircraft, Inc. Models PA-32R-301T and PA-46-350P Airplanes AGENCY: Federal... applies to certain Piper Aircraft, Inc. Models PA-32R-301T and PA-46- 350P airplanes. AD 2010-13-07... 23, 2010), which applies to certain Piper Aircraft, Inc. Models PA-32R-301T and PA-46-350P airplanes...

  13. Uniform interpretation of european patent law with a special view on the creation of a common patent court

    NARCIS (Netherlands)

    Luginbühl, SL

    2009-01-01

    The European Patent Convention (EPC) provides for a common application and examination procedure for European patents. Therefore, European patents are granted on the basis of uniform European law which is applied and interpreted by the EPO, as well as by a great number of national judges and members

  14. A new isotope of protactinium: 239Pa

    International Nuclear Information System (INIS)

    Yuan, S.; Yang, W.; Mou, W.; Zhang, X.; Li, Z.; Yu, X.; Gu, J.; Guo, Y.; Gan, Z.; Liu, H.; Guo, J.

    1995-01-01

    A new nuclide 239 Pa was produced by 50MeV/u 18 O bombardment of uranium. A radiochemical separation method was employed for preparing sources of 239 Pa. The protactinium isotope 239 Pa has been identified for the first time by the results observed from the decay of the 239 Pa and its daughter 239 U. The half-life of 239 Pa has been determined to be 106±30min. (orig.)

  15. Romania- New Tobacco control law from an NGO perspective

    Directory of Open Access Journals (Sweden)

    Mihaltan Florin Dumitru

    2016-03-01

    Full Text Available In our presentation we are evaluating the progress of the tobacco control in Romania looking form the point of view on NGO in the last 26 years. We are signalling the progressive steps towards policy and an advocacy from our perspective and the consequences of our success. The final result is reflected in the new law starting in force on March 17th, 2016, a real advance in our fight. We are identifying in the same time the new challenging problems after launching the new law. Probably the biggest gain of our fight is the extensive partnership with all the factors, our efforts to bring together in a big family as the coalition “Romania Respira” politicians, advocates, judges, economists, young’s and also the new way found to encourage all: mass media, politicians, journalists, public to support us.

  16. Case Law

    International Nuclear Information System (INIS)

    Anon.

    2009-01-01

    Different case law are presented in this part: By decision dated 17 july 2009, the Ontario Court of Appeal (Canada) has ruled on the scope of solicitor-client privilege and the protections that may be afforded to privileged investigations reports. The decision reaffirms the canadian court system view of the importance of the protection of solicitor-client privilege to the administration of justice; For United states here is a judgment of a U.S. court of Appeals on the design basis threat security rule (2009), this case concerns a challenge to the U.S. Nuclear regulatory commission (N.R.C.) revised design basis threat rule, which was adopted in 2007 (nuclear bulletin law no. 80). The petitioners public citizen, Inc., San Luis Obispo Mothers for Peace and the State of New York filed a lawsuit in the U.S. court of appeals for the Ninth circuit alleging that the N.R.C. acted arbitrarily and capriciously and in violation of law by refusing to include the treat of air attacks in its final revised design basis rule. On the 24. july 2009, a panel of three ninth circuit judges rules 2-1 that the N.R.C. acted reasonably in not including an air treat in its design basis rule. Secondly, judgment of a U.S. court of appeals on consideration of the environmental impact of terrorist attacks on nuclear facilities (2009), this case concerns the scope of the U.S. Nuclear regulatory commission environmental analysis during its review of applications to re-licence commercial nuclear power plants. New Jersey urged the N.R.C. to consider the environmental impact of an airborne terrorist attack on the power plant, arguing that such analysis was required by the national environmental policy act (N.E.P.A.). On 31. march 2009, a panel of three circuit judges declined to follow the ninth circuit opinion and affirmed NRC decision 3-0 ruling that NRC was not required to consider terrorism in its N.E.P.A. analysis because NRC re-licensing would not be a reasonably close cause of terrorism

  17. Autopsy: Traditional Jewish laws and customs "Halacha".

    Science.gov (United States)

    Goodman, Norman R; Goodman, Jeffrey L; Hofman, Walter I

    2011-09-01

    Judaism has many traditions, customs, rules, and laws, which relate to the proper and ethical disposition of a decedent when a Medical Examiner/ Coroner is involved. In almost all United States jurisdictions, statutes mandate the need to determine the cause and manner of death (Coroners' Act PA Pl. 323, num. 130, section 1237). This article is a review of some religious writings, legal precedents, and forensic authorities, which may help to assist the Medical Examiner/Coroner when confronted with a Jewish decedent. There can be flexibility as to the extent that such forensic studies can and should be performed. The final consent and interpretation of the rules, laws, traditions, and customs will rest with the courts and local rabbinic authority.

  18. Decisions of the atomic energy authority binding on penal law?

    International Nuclear Information System (INIS)

    Horn, E.

    1988-01-01

    The essay analyses the acquittal of the accused persons by the Landgericht Hanau in the so-called Alkem process. The author criticizes the considerations of the court to disregard in case the justifying effect of valid administrative permissions because of the abuse of rights. A criminal judge cannot ignore valid acts given by authorities which he considers to be against the law. As long as he does not identify them as invalid, he has to accept the administrative act until authorities abolish their decision. (KW) [de

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

    Science.gov (United States)

    Cappon, Leen

    2016-01-01

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

  20. An Attempt at Matching Waking Events Into Dream Reports by Independent Judges

    Science.gov (United States)

    Wang, Jia Xi; Shen, He Yong

    2018-01-01

    Correlations between memories and dreaming has typically been studied by linking conscious experiences and dream reports, which has illustrated that dreaming reflects waking life events, thoughts, and emotions. As some research suggests that sleep has a function of memory consolidation, and dreams reflect this, researching this relationship further may uncover more useful insights. However, most related research has been conducted using the self-report method which asks participants to judge the relationship between their own conscious experiences and dreams. This method may cause errors when the research purpose is to make comparisons between different groups, because individual differences cannot be balanced out when the results are compared among groups. Based on a knowledge of metaphors and symbols, we developed two operationalized definitions for independent judges to match conscious experiences and dreams, the descriptive incorporation and the metaphorical incorporation, and tested their reliability for the matching purpose. Two independent judges were asked to complete a linking task for 212 paired event-dreams. Results showed almost half dreams can be matched by independent judges, and the independent-judge method could provide similar proportions for the linking task, when compared with the self-report method. PMID:29681873

  1. 32 CFR 701.123 - PA fees.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false PA fees. 701.123 Section 701.123 National... OFFICIAL RECORDS AVAILABILITY OF DEPARTMENT OF THE NAVY RECORDS AND PUBLICATION OF DEPARTMENT OF THE NAVY DOCUMENTS AFFECTING THE PUBLIC DON Privacy Program § 701.123 PA fees. The PA fee schedule is only applicable...

  2. 27 CFR 71.96 - Disqualification.

    Science.gov (United States)

    2010-04-01

    ... before another administrative law judge. If the Administrator should decide against the disqualification... Administrative Law Judges § 71.96 Disqualification. An administrative law judge shall, at any time, withdraw from... personal bias or otherwise warranting the disqualification of any administrative law judge, the...

  3. The issue of constitutional law legitimacy on "human assisted reproduction" between reasonableness of the choices and effectiveness of the protection of all involved subjects.

    Science.gov (United States)

    Penasa, Simone

    2006-01-01

    This artiche analyzes the constitutionality petition to the constitutional Court against Law 40 of 2004 on "human assisted reproduction", where it prohibits the "preimplantatory genetical diagnosis", because it could be against the mother's right to health (art. 32 Italian Constitution) and the egalitarian protection clause (art. 3 Italian Constitution). In the constitutionally petition the ordinary judge proposes an interpretation in accordance with Constitution of the contested disposition (art. 13 of Law 40 of 2004) and this could be the possibility to teste the "living law" theory and its relation with the "adequate interpretation" of the law and the Constitution.

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

    OpenAIRE

    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 fr...

  5. A Recommender System for Programming Online Judges Using Fuzzy Information Modeling

    Directory of Open Access Journals (Sweden)

    Raciel Yera Toledo

    2018-04-01

    Full Text Available Programming online judges (POJs are an emerging application scenario in e-learning recommendation areas. Specifically, they are e-learning tools usually used in programming practices for the automatic evaluation of source code developed by students when they are solving programming problems. Usually, they contain a large collection of such problems, to be solved by students at their own personalized pace. The more problems in the POJ the harder the selection of the right problem to solve according to previous users performance, causing information overload and a widespread discouragement. This paper presents a recommendation framework to mitigate this issue by suggesting problems to solve in programming online judges, through the use of fuzzy tools which manage the uncertainty related to this scenario. The evaluation of the proposal uses real data obtained from a programming online judge, and shows that the new approach improves previous recommendation strategies which do not consider uncertainty management in the programming online judge scenarios. Specifically, the best results were obtained for short recommendation lists.

  6. Gender mainstreaming in law and legal education

    Directory of Open Access Journals (Sweden)

    Vujadinović Dragica

    2015-01-01

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

  7. Environmental Impact Assessment Law in China's courts: A study of 107 judicial decisions

    International Nuclear Information System (INIS)

    Zining, Jin

    2015-01-01

    The article explores the practices of Environmental Impact Assessment (EIA) Law in China's courts by examining 107 judicial decisions. Each of the 107 judicial decisions has been analyzed to determine the time/location of the decision, what type of EIA document was referred to, what specific claim was made by the plaintiffs, and what the court's ruling was on the case. The results indicate that: unlike in Germany or Japan, all kinds of EIA decisions made by environment protect bureaus (EPBs) in China were widely taken as justiciable, and China's courts generally allowed local residents to have standing and thus challenge the EPBs' decisions made during the EIA process. On the other hand, the research also shows the EPBs overwhelmingly prevailed in those EIA lawsuits. It is also found that China's reviewing judges were highly self-restrained, giving obvious deference to the technocrat with the substantial contents of EIA documents. Also, the concept of “flaw” was created when it came to procedural issues. These two factors, among others, were both helping the EPBs' prevailing successes. - Highlights: • 107 judicial decisions referring to China's EIA law are examined. • The justiciability of EPB's EIA decisions were taken for granted. • The defenders overwhelmingly prevailed in those EIA lawsuits. • The reviewing judges were highly self-restrained, defering to the technocrat with the EIA documents. • A functional concept, “flaw”, was created by reviewing judges when it came to procedural issues

  8. Environmental Impact Assessment Law in China's courts: A study of 107 judicial decisions

    Energy Technology Data Exchange (ETDEWEB)

    Zining, Jin, E-mail: jinzn@pkusz.edu.cn

    2015-11-15

    The article explores the practices of Environmental Impact Assessment (EIA) Law in China's courts by examining 107 judicial decisions. Each of the 107 judicial decisions has been analyzed to determine the time/location of the decision, what type of EIA document was referred to, what specific claim was made by the plaintiffs, and what the court's ruling was on the case. The results indicate that: unlike in Germany or Japan, all kinds of EIA decisions made by environment protect bureaus (EPBs) in China were widely taken as justiciable, and China's courts generally allowed local residents to have standing and thus challenge the EPBs' decisions made during the EIA process. On the other hand, the research also shows the EPBs overwhelmingly prevailed in those EIA lawsuits. It is also found that China's reviewing judges were highly self-restrained, giving obvious deference to the technocrat with the substantial contents of EIA documents. Also, the concept of “flaw” was created when it came to procedural issues. These two factors, among others, were both helping the EPBs' prevailing successes. - Highlights: • 107 judicial decisions referring to China's EIA law are examined. • The justiciability of EPB's EIA decisions were taken for granted. • The defenders overwhelmingly prevailed in those EIA lawsuits. • The reviewing judges were highly self-restrained, defering to the technocrat with the EIA documents. • A functional concept, “flaw”, was created by reviewing judges when it came to procedural issues.

  9. 30 CFR 44.27 - Consent findings and rules or orders.

    Science.gov (United States)

    2010-07-01

    ... the discretion of the Chief Administrative Law Judge, if no administrative law judge has been assigned, or of the presiding administrative law judge. In deciding whether to afford such an opportunity, the administrative law judge shall consider the nature of the proceeding, requirements of the public interest...

  10. Case Law

    International Nuclear Information System (INIS)

    2014-01-01

    This section treats of the following case laws sorted by country: 1 - Germany: Federal Administrative Court confirms the judgments of the Higher Administrative Court of the Land Hesse: The shutdown of nuclear power plant Biblis blocks A and B based on a 'moratorium' imposed by the Government was unlawful; List of lawsuits in the nuclear field. 2 - Slovak Republic: Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant. 3 - United States: Judgment of the Nuclear Regulatory Commission resuming the licensing process for the Department of Energy's construction authorisation application for the Yucca Mountain high-level radioactive waste repository; Judgment of the Licensing Board in favour of Shaw AREVA MOX Services regarding the material control and accounting system at the proposed MOX Facility; Dismissal by US District Court Judge of lawsuit brought by US military personnel against Tokyo Electric Power Company (TEPCO) in connection with the Fukushima Daiichi nuclear power plant accident

  11. Performance is not Related to Perception of Target Width in Fitts’ Law

    Directory of Open Access Journals (Sweden)

    Vanhooser Jake

    2011-12-01

    Full Text Available We report a new experiment in a series of studies in which research participants perform a Fitts’ Law repetitive task, and then are required to judge the width of the target that was utilized. The first two experiments previously reported showed no relation between perception and performance. However in those two experiments subjects were never provided with feedback on their performance. In the current study, we provided participants with their performance score. Providing their performance score did not produce a relation between target width perception and performance. We posit that sports studies that have shown this relation are the results of intimate knowledge of what it means to perform well. Our inexperienced Fitts’ Law participants lacked such an understanding.

  12. Excited levels of Pa-233; Niveles excitados del Pa-233

    Energy Technology Data Exchange (ETDEWEB)

    Vara Cuadrado, J M

    1969-07-01

    A study of Pa-233 excited levels from the alpha decay of Np-237 and from beta decay of Th-233 has been performed. The alpha decay spectrum was measured with a semiconductor spectrometer of 18 keV effective resolution (FWHM). Over 13 new lines were identified. The gamma ray spectra of Np-237 and Th-233 were obtained with a Ge-Li detector low and medium range energy lines, and with Si-Li detector for the low energy region. A continuous purification method of Np-237 from its comparatively short-lived daughter Pa-233 was applied. A high number of new lines were identified in both spectra. The gamma-gamma coincidence spectra were obtained with INa(T{sub 1}) detectors. (Author) 54 refs.

  13. The inextricable entanglement of argumentation and interpretation in law

    Directory of Open Access Journals (Sweden)

    Marković Miloš

    2017-01-01

    Full Text Available At the basis of tireless efforts to explain the nature of law lies the question of how judges should decide cases. Therefrom arises a need for a theory that would clarify the role of the courts and, moreover, provide guidance to them on reaching judgments. The history of legal theory abounds with various attempts to offer a generally acceptable answer to the question raised. The fervor of debate and the perpetual dissatisfaction with offered solutions prompted the thought of untamable arbitrariness of judges. In the contemporary debate the significance of argumentation is particularly emphasized as a link of the court procedure which provides reasonableness and therewith justification and persuasiveness of the decision. Before going into the matter, I will indicate in broad strokes which areas of legal theory do argumentation and interpretation belong to. The purpose of setting a conceptual framework is to prevent losing sight of the whole as well as to limit the scope of discourse to a certain section of legal issues. The second part deals with the concept of argumentation in general and some specific features of the argumentation in law. The third part examines the role of legal interpretation and draws a clear distinction between the interpretation as a process and the interpretation as a result. At the end of the discussion I shall put forward a thesis that the interpretation as a process is argumentation, while the interpretation as a result is an argument in the justification of judgment.

  14. Proteasome Activators, PA28α and PA28β, Govern Development of Microvascular Injury in Diabetic Nephropathy and Retinopathy

    Directory of Open Access Journals (Sweden)

    Saeed Yadranji Aghdam

    2016-01-01

    Full Text Available Diabetic nephropathy (DN and diabetic retinopathy (DR are major complications of type 1 and type 2 diabetes. DN and DR are mainly caused by injury to the perivascular supporting cells, the mesangial cells within the glomerulus, and the pericytes in the retina. The genes and molecular mechanisms predisposing retinal and glomerular pericytes to diabetic injury are poorly characterized. In this study, the genetic deletion of proteasome activator genes, PA28α and PA28β genes, protected the diabetic mice in the experimental STZ-induced diabetes model against renal injury and retinal microvascular injury and prolonged their survival compared with wild type STZ diabetic mice. The improved wellbeing and reduced renal damage was associated with diminished expression of Osteopontin (OPN and Monocyte Chemoattractant Protein-1 (MCP-1 in the glomeruli of STZ-injected PA28α/PA28β double knockout (Pa28αβDKO mice and also in cultured mesangial cells and retinal pericytes isolated from Pa28αβDKO mice that were grown in high glucose. The mesangial PA28-mediated expression of OPN under high glucose conditions was suppressed by peptides capable of inhibiting the binding of PA28 to the 20S proteasome. Collectively, our findings demonstrate that diabetic hyperglycemia promotes PA28-mediated alteration of proteasome activity in vulnerable perivascular cells resulting in microvascular injury and development of DN and DR.

  15. 32 CFR 701.120 - Processing requests that cite or imply PA, Freedom of Information (FOIA), or PA/FOIA.

    Science.gov (United States)

    2010-07-01

    ... Privacy Program § 701.120 Processing requests that cite or imply PA, Freedom of Information (FOIA), or PA... maximum release of information allowed under the Acts. (d) Processing time limits. DON activities shall... 32 National Defense 5 2010-07-01 2010-07-01 false Processing requests that cite or imply PA...

  16. 78 FR 30864 - Judges Panel of the Malcolm Baldrige National Quality Award

    Science.gov (United States)

    2013-05-23

    ... performing the non- exclusive duties of the Chief Financial Officer and Assistant Secretary for... time. The purpose of this meeting is to discuss and review the role and responsibilities of the Judges... ensure the integrity of the Award selection process. The agenda will include: The Role of the Judges...

  17. The Contradictory Prior in Decree of Precautionary Measures Prescribed in Maria da Penha Law: A Perspective Evolution

    Directory of Open Access Journals (Sweden)

    Fabiana Oliveira Bastos de Castro

    2016-10-01

    Full Text Available Although the Code of Criminal Procedure ensure compliance with the contradictory, as a rule, for the grant of any interim measure, Law No. 11,340 / 2006, which deals with domestic and family violence against women, foresaw unequal treatment, embodied in a deferred contradictory, independent pleaded precautionary. In this sense, this paper aims to expose, through legislative and doctrinal research, the essential observance of prior hearsay of the accused / investigated for violating the provisions of Law No. 11,340 / 2006, in order to extol the constitutional principle of contradiction as a powerful tool limiting the role of the State Judge.

  18. PaTrx1 and PaTrx3, two cytosolic thioredoxins of the filamentous ascomycete Podospora anserina involved in sexual development and cell degeneration.

    Science.gov (United States)

    Malagnac, Fabienne; Klapholz, Benjamin; Silar, Philippe

    2007-12-01

    In various organisms, thioredoxins are known to be involved in the reduction of protein disulfide bonds and in protecting the cell from oxidative stress. Genes encoding thioredoxins were found by searching the complete genome sequence of the filamentous ascomycete Podospora anserina. Among them, PaTrx1, PaTrx2, and PaTrx3 are predicted to be canonical cytosolic proteins without additional domains. Targeted disruption of PaTrx1, PaTrx2, and PaTrx3 shows that PaTrx1 is the major thioredoxin involved in sulfur metabolism. Deletions have no effect on peroxide resistance; however, data show that either PaTrx1 or PaTrx3 is necessary for sexual reproduction and for the development of the crippled growth cell degeneration (CG), processes that also required the PaMpk1 mitogen-activated protein kinase (MAPK) pathway. Since PaTrx1 PaTrx3 mutants show not an enhancement but rather an impairment in CG, it seems unlikely that PaTrx1 and PaTrx3 thioredoxins participate in the inhibition of this MAPK pathway. Altogether, these results underscore a role for thioredoxins in fungal development.

  19. O direito e o avesso The double-faced law

    Directory of Open Access Journals (Sweden)

    Fábio Konder Comparato

    2009-01-01

    Full Text Available Em todos os países, por trás do direito oficial, composto pela Constituição, pelas leis, as normas editadas pelo Poder Executivo e os precedentes judiciais, existe sempre outro ordenamento encoberto, fundado na estrutura de poderes dominantes na sociedade e legitimados pela mentalidade social. No Brasil, essa duplicidade de regimes jurídicos sempre existiu. Além do direito oficial, que acompanha os padrões de civilização vigentes nos países que consideramos culturalmente mais avançados, vigora um direito não escrito, cuja função consiste em proteger os interesses dos grupos sociais dominantes. O artigo ilustra essa realidade bifronte do direito brasileiro com os casos históricos da escravidão e da democracia. Para mudança dessa estrutura social cuja aparência não condiz com a realidade efetiva, o autor sublinha a necessidade de uma ampla e contínua denúncia de sua ilegitimidade.In every country, behind the official law composed of the Constitution, statutes, rules edited by the Executive branch, and legal precedents, there is also another concealed regulation, based on the structure of ruling powers within society and legitimized by social mentality. Such duplicity of legal systems has always existed in Brazil. Apart from the official law, which follows valid civilization standards of countries that we consider to be culturally more advanced, there is a tacit law in force, whose role is to protect the interests of dominant social groups. This article illustrates this twofold reality of Brazilian law with the historical cases of slavery and democracy. In order to change this social structure, whose appearance does not reflect effective reality, the author highlights the need for a wide and continual denunciation of its illegitimacy.

  20. Mental Element of Bribery under Nigerian and Us (Federal Anti-Bribery Laws: an Overview

    Directory of Open Access Journals (Sweden)

    Akeem Olajide BELLO

    2014-08-01

    Full Text Available Academic reviews have highlighted the problem of lack of clarity with Nigerian antibribery laws. It is important for the criminal law to clearly state the mental element of bribery. This would communicate to citizens, lawyers and judges what is wrong with bribery. It would also provide a yardstick to distinguish between the socio-cultural practice of gift-giving and bribery. This article analyses the mental element of bribery in Nigeria and federal anti-bribery laws in United States of America. The analysis is undertaken with a view to drawing useful insight to propose reform of Nigerian anti-bribery laws. The article finds that American laws better clarifies the wrongful mental conduct that transforms gift-giving into bribery. Unlike Nigerian statutes that uses the undefined word “corruptly” to capture the mental element of bribery, American statutes while using the word “corruptly” further captures the mental element of bribery in terms of intention to use a bribe to influence official action. The American approach if adopted by the legislature to reform Nigerian anti-bribery laws would provide better guidance to the courts, lawyers and laymen in understanding why the law criminalises bribery. It would also provide a platform to distinguish between gift-giving and bribery.

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

    Science.gov (United States)

    Fuss, Johannes; Dressing, Harald; Briken, Peer

    2015-11-01

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

  2. A EFETIVIDADE DA TUTELA TRABALHISTA NA REPRESSÃO AO TRABALHO ESCRAVO CONTEMPORÂNEO | THE EFFECTIVENESS OF LABOR LAW PROTECTION TO SUPPRESS THE CONTEMPORANEOUS SLAVERY

    OpenAIRE

    Renato de Almeida Oliveira Muçouçah

    2016-01-01

    The article aims to analyze the modern slavery and search the most possible effective ways to its repression, reflecting what is the most effective protection for that. It sought, through deductive analysis of relevant literature, apart from brief inductive appreciation judged, deductively test hypotheses by which it could respond effectively to the protection of fundamental rights of workers. The labor law protection, even though it uses arising concept of criminal law also dialogues with ot...

  3. 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.

  4. Judges' perception of candidates' organization and communication, in relation to oral certification examination ratings.

    Science.gov (United States)

    Houston, James E; Myford, Carol M

    2009-11-01

    To determine (1) whether judges differed in the levels of severity they exercised when rating candidates' performance in an oral certification exam, (2) to what extent candidates' clinical competence ratings were related to their organization/communication ratings, and (3) to what extent clinical competence ratings could predict organization/communication ratings. Six hundred eighty-four physicians participated in a medical specialty board's 2002 oral examination. Ninety-nine senior members of the medical specialty served as judges, rating candidates' performances. Candidates' clinical competence ratings were analyzed using multifaceted Rasch measurement to investigate judge severity. A Pearson correlation was calculated to examine the relationship between ratings of clinical competence and organization/communication. Logistic regression was used to determine to what extent clinical competence ratings predicted organization/communication ratings. There were about three statistically distinct strata of judge severity; judges were not interchangeable. There was a moderately strong relationship between the two sets of candidate ratings. Higher clinical competence ratings were associated with an organization/communication rating of acceptable, whereas lower clinical competence ratings were associated with an organization/communication rating of unacceptable. The judges' clinical competence ratings correctly predicted 61.9% of the acceptable and 88.3% of the unacceptable organization/communication ratings. Overall, the clinical competence ratings correctly predicted 80% of the organization/communication ratings. The close association between the two sets of ratings was possibly due to a "halo" effect. Several explanations for this relationship were explored, and the authors considered the implications for their understanding of how judges carry out this complex rating task.

  5. Evaluation of ID-PaGIA syphilis antibody test.

    Science.gov (United States)

    Naaber, Paul; Makoid, Ene; Aus, Anneli; Loivukene, Krista; Poder, Airi

    2009-01-01

    Laboratory diagnosis of syphilis is usually accomplished by serology. There are currently a large number of different commercial treponemal tests available that vary in format, sensitivity and specificity. To evaluate the ID-PaGIA Syphilis Antibody Test as an alternative to other specific treponemal tests for primary screening or confirmation of diagnosis. Serum samples from healthy adults (n = 100) were used for detection of specificity of ID-PaGIA. To evaluate sensitivity of ID-PaGIA serum samples (n = 101) from patients with confirmed or suspected syphilis were tested for syphilis antibodies with FTA-Abs IgM, ID-PaGIA, ELISA IgM and TPHA tests. No false-positive results were found with ID-PaGIA. Sensitivity of various treponemal tests was the following: FTA-Abs IgM: 95.5%, ID-PaGIA and ELISA IgM: 94%, and TPHA 75%. The positive and negative predictive values of ID-PaGIA were 100 and 89.5%, respectively. Compared with other treponemal tests ID-PaGIA has excellent sensitivity and specificity.

  6. The fan-judges: Clues to a jurisculture of Sherlockian fandom [symposium

    Directory of Open Access Journals (Sweden)

    Ross E. Davies

    2017-03-01

    Full Text Available American judges sometimes encourage other participants in the legal system to behave like Sherlock Holmes. They are relying on a shared culture that both appreciates a literary figure and recognizes a human capacity to emulate an imaginary creature (here, Sherlock outside the context in which it was created. Consciously or not, the judges are tapping into classic fandom, but do they think of it that way, and should they?

  7. Prospection for natural 231Pa in India

    International Nuclear Information System (INIS)

    Anupama, P.; Gantayet, L.M.; Verma, R.; Parthasarathy, R.; Anil Kumar, S.; Dingankar, M.V.; Ghosh, S.K.; Patra, R.N.

    2001-08-01

    Protactinium-231 ( 231 Pa) occurs in nature as a member of the decay chain of naturally occuring 235 U of the 4n+ 3 radioactive series. The expected protactinium concentration in the Jaduguda ore body (with uranium concentration of 0.03-0.06 %) is around 0.2 parts per billion (ppb) and that in monazite ore (uranium concentration 0.3%) is 0.9 ppb. The process at uranium ore processing plant at Jaduguda was studied. 231 Pa content in samples from the process streams of the plant was determined. The gamma ray spectrometry method was chosen and standardised in our laboratory to detect and measure 231 Pa in parts per billion levels in these samples. A concentrated source of protactinium could not be found among the assessed streams of Jaduguda uranium plant. The Monazite processing plant at IRE, Aluva was then studied. From the known chemistry of protactinium, the possible distribution of the 231 Pa was guessed at. Accordingly, the process streams of IRE process plant were selected to prospect for 231 Pa and determine the fractionation of protactinium. For analysis of 231 Pa, the thorium bearing samples were chemically treated to remove the thorium daughter products, which interfere in gamma spectrometry. This report describes the planning for prospecting, sample selection, the standardisation of the analysis procedure for determination of 231 Pa content, and the analysis results. The 231 Pa content in various streams of Indian Rare Earths plant was found in the range 0.2 -6.5 ppb. Some of the streams did not carry any protactinium. The fractionation of 231 Pa in the various streams of the plant and the selection of source for recovery of protactinium are discussed in detail. (author)

  8. Effects of setting creative goals of different specificity on judged creativity of the product

    OpenAIRE

    Čorko, Irena; Vranić, Andrea

    2005-01-01

    The study examined the effect of setting creative goals of different specificity on judged creativity of the product. Female psychology students (N=47) were divided in 3 groups. Experimental task was to make a collage. Groups differed in the level of specificity of the given goal. Collages were judged by 11 judges using the consensual assessment technique. Factor analysis of these judgments confirmed 2 orthogonal factors: creativity and technical goodness. Results show that setting a specific...

  9. PaTrx1 and PaTrx3, Two Cytosolic Thioredoxins of the Filamentous Ascomycete Podospora anserina Involved in Sexual Development and Cell Degeneration▿ †

    Science.gov (United States)

    Malagnac, Fabienne; Klapholz, Benjamin; Silar, Philippe

    2007-01-01

    In various organisms, thioredoxins are known to be involved in the reduction of protein disulfide bonds and in protecting the cell from oxidative stress. Genes encoding thioredoxins were found by searching the complete genome sequence of the filamentous ascomycete Podospora anserina. Among them, PaTrx1, PaTrx2, and PaTrx3 are predicted to be canonical cytosolic proteins without additional domains. Targeted disruption of PaTrx1, PaTrx2, and PaTrx3 shows that PaTrx1 is the major thioredoxin involved in sulfur metabolism. Deletions have no effect on peroxide resistance; however, data show that either PaTrx1 or PaTrx3 is necessary for sexual reproduction and for the development of the crippled growth cell degeneration (CG), processes that also required the PaMpk1 mitogen-activated protein kinase (MAPK) pathway. Since PaTrx1 PaTrx3 mutants show not an enhancement but rather an impairment in CG, it seems unlikely that PaTrx1 and PaTrx3 thioredoxins participate in the inhibition of this MAPK pathway. Altogether, these results underscore a role for thioredoxins in fungal development. PMID:17933907

  10. Influencia del eslogan y el logotipo de la marca país en el posicionamiento de los países

    Directory of Open Access Journals (Sweden)

    Gina Pipoli de Azambuja

    2010-10-01

    Full Text Available Para construir la imagen de un país en la mente de los consumidores, los países aplican estrategias demárketing que parten del desarrollo de su marca país, de la misma forma en que las empresas aplican elmárketing a sus productos y servicios. El desarrollo del logotipo y el eslogan que se utilizará en la estrategiade comunicación, constituyen dos elementos fundamentales de su éxito en el proceso de construcción de lamarca país (Keller 2008. Es así que el objetivo de la presente investigación es el de conocer la importanciade la utilización del logotipo y el eslogan en las estrategias de márketing internacional de los países. Paraello, esta investigación analiza el uso de estos dos elementos, logotipo y eslogan, en las estrategias demarca país de aquellos países que han ocupado los primeros lugares en el Country Brand Index (2009 de Future Brand.

  11. Judging the Ability of Friends and Foes.

    Science.gov (United States)

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

    2016-10-01

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

  12. Economic analysis of pre-emptive right in the Serbian Law on property restitution and compensation

    OpenAIRE

    Baturan Luka O.

    2015-01-01

    This paper is application of cost-benefit analysis on a pre-emptive rights, which is established by the Serbian Law on Property Restitution and Compensation. The basic hypothesis is that this law institute disturbs efficiency of resource allocation, and decreases social welfare. There are a few better and more efficient institutes which can be used for gaining of goods in public ownership. To prove this hypothesis, we used neo-institutional economy method and normative method. In the first pa...

  13. Production and identification of an isomeric state in 217Pa and the new isotope 218Pa

    International Nuclear Information System (INIS)

    Schmidt, K.H.; Faust, W.; Muenzenberg, G.; Ewald, H.; Guettner, K.; Clerc, H.G.; Lang, W.; Wohlfarth, H.; Pielenz, K.

    1977-02-01

    Evaporation residues produced in the reaction 40Ar(176 MeV) + 181Ta were separated from the primary beam by the velocity filter SHIP and detected by a ΔE-E counter telescope. The technique of delayed coincidences was applied to individually identify the reaction products implanted into a Si-surface barrier detector by their subsequent alpha decays. The previously unknown nucleus 218Pa was identified by its known daughter decays. 218Pa was found to decay with Esub(α) = (9.614 +- 0.015) MeV, T(1/2) = (140 +- 50) μs and probably also with Esub(α) = (9.535 +- 0.020) MeV, T(1/2) = (150 + 100 - 50) μs. The half-life of the 8.33 MeV alpha decay of 217Pa was determined to be (o.2 +- 0.4) ms. Anew isomer in 217 Pa was found which decays with Esub(α) = (10.16 +- 0.02) MeV and T(1/2) = (1.8 +- 0.5) ms. (orig./BJ) [de

  14. [Eight criticisms of the draft of the migration law].

    Science.gov (United States)

    Lozano, W

    1995-10-01

    The proposed migration law recently published in the Dominican Republic is of importance because of the volume of both immigration to and emigration from the country. This critique of the draft is intended to stimulate debate before the proposed law is approved by the legislature. The proposed law is more a means of control and coercion than a modern instrument of development based on socioeconomic reality. A tendency to confuse the legal dispositions of migration control with migration policy is evident throughout the draft. However, the massive exodus of Dominicans and the massive entry of Haitians will not be resolved with simple measures of control. Migration policy should be related to development policy and to a strategy of insertion into the world economy. The proposed law assumes an authoritarian political order in a closed and intolerant oligarchic world. It ignores the fact that migration in the contemporary world is not a simple matter of border or police control, but of international relations, and that the treatment of Haitians in the Dominican Republic is not totally without relevance to the treatment of Dominicans in the US. The new law would weaken the authority of the consul and would concentrate power in the National Office of Migration, which would control migration and also be the judge in cases of conflict. The mechanisms proposed by the law for control of seasonal migratory labor assume a collective contract, when in fact most such labor is now contracted individually and informally by small enterprises. In general, the law sets up unrealistic requirements for entry and taxation of the poorly educated migrants. The National Office of Migration would be responsible for gathering and publishing such statistics as it deemed of interest, suggesting an intent to impede the free flow of information.

  15. Don't Judge a Book by its Cover: Examiner Expectancy Effects Predict Neuropsychological Performance for Individuals Judged as Chronic Cannabis Users.

    Science.gov (United States)

    Sodos, Louise M; Hirst, Rayna B; Watson, Jessica; Vaughn, Dylan

    2018-01-12

    The experimenter expectancy effect confound remains largely unexplored in neuropsychological research and has never been investigated among cannabis users. This study investigated whether examiner expectancies of cannabis user status affected examinees' neuropsychological performance. Participants included 41 cannabis users and 20 non-users. Before testing, examiners who were blind to participant user status privately rated whether they believed the examinee was a cannabis user or non-user. Examiners then administered a battery of neuropsychological and performance validity measures. Multiple regression analyses compared performance between examinees judged as cannabis users (n = 37) and those judged as non-users (n = 24). Examiners' judgments of cannabis users were 75% accurate; judgments of non-users were at chance. After controlling for age, gender, and actual user status, examiner judgments of cannabis user status predicted performance on two measures (California Verbal Learning Test-II, and Trail Making Test B; p users obtained lower scores than those judged as non-users. Examiners' judgments of cannabis user status predicted performance even after controlling for actual user status, indicating vulnerability to examiner expectancy effects. These findings have important implications for both research and clinical settings, as scores may partially reflect examiners' expectations regarding cannabis effects rather than participants' cognitive abilities. These results demonstrate the need for expectancy effect research in the neuropsychological assessment of all populations, not just cannabis users. © The Author(s) 2018. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

  16. Plant PA signaling via diacylglycerol kinase

    NARCIS (Netherlands)

    Arisz, S.A.; Testerink, C.; Munnik, T.

    2009-01-01

    Accumulating evidence suggests that phosphatidic acid (PA) plays a pivotal role in the plant's response to environmental signals. Besides phospholipase D (PLD) activity, PA can also be generated by diacylglycerol kinase (DGK). To establish which metabolic route is activated, a differential

  17. The study of water + HCl + ethanol vapor-liquid equilibrium at 78 kPa

    International Nuclear Information System (INIS)

    Ojeda Toro, Juan Carlos; Dobrosz-Gómez, Izabela; Gómez García, Miguel Ángel

    2017-01-01

    Graphical abstract: Comparison between experimental and calculated saturation temperature of water + HCl + ethanol system using two rigorous electrolyte models. - Highlights: • Data for the water + HCl + ethanol VLE is reported at 78 kPa. • The VLE for the system water + HCl + ethanol was determined. • A new set of parameters for extended UNIQUAC model were correlated. • A new set of parameters for LIQUAC model were correlated. - Abstract: In this work, the isobaric vapor-liquid equilibrium (VLE) data obtained for the ternary system water + HCl + ethanol at 78 kPa, using an Ellis still, were studied. Two rigorous electrolyte models (extended UNIQUAC and LIQUAC) were fitted to the experimental data. Ethanol-H + , water-H + , ethanol-Cl − , water-Cl − , and Cl − -H + interaction parameters were determined. Likewise, Henry’s law constants for the volatile electrolyte were defined. A high goodness of fit was obtained for both electrolyte models; however, the extended UNIQUAC one showed better performance (AAD = 0.1326%). Two azeotropes observed in the system were accurately predicted (ethanol + water: x EtOH = 0.86 at 344.6 K; and HCl + water: x HCl = 0.11 at 375.5 K).

  18. Federal Judge Orders Showing of Controversial Film.

    Science.gov (United States)

    Flygare, Thomas J.

    1987-01-01

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

  19. FINANCIAL SECURITY OF MILITARY JUDGES IN SOUTH AFRICA ...

    African Journals Online (AJOL)

    Abstract. The status of military courts within the South African judicial system is ... that the question of financial security of military judges is a complex one and ...... that the force of the recommendations of the Commission is weak, as it is entirely.

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

    DEFF Research Database (Denmark)

    Porsdam, Helle

    2017-01-01

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

  1. 34 CFR 99.60 - What functions has the Secretary delegated to the Office and to the Office of Administrative Law...

    Science.gov (United States)

    2010-07-01

    ... 34 Education 1 2010-07-01 2010-07-01 false What functions has the Secretary delegated to the Office and to the Office of Administrative Law Judges? 99.60 Section 99.60 Education Office of the Secretary, Department of Education FAMILY EDUCATIONAL RIGHTS AND PRIVACY What Are the Enforcement Procedures? § 99.60 What functions has the Secretary...

  2. 29 CFR 29.10 - Hearings for deregistration.

    Science.gov (United States)

    2010-07-01

    ... 180 days of the close of the record. If not so decided, the Administrative Law Judge's decision... the Office of Apprenticeship must contact the Department's Office of Administrative Law Judges to request the designation of an Administrative Law Judge to preside over the hearing. The Administrative Law...

  3. 28 CFR 68.2 - Definitions.

    Science.gov (United States)

    2010-07-01

    ... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR... law by an Administrative Law Judge or the Chief Administrative Hearing Officer; Document fraud cases...; Final agency order is an Administrative Law Judge's final order, in cases arising under sections 274A...

  4. PaTrx1 and PaTrx3, Two Cytosolic Thioredoxins of the Filamentous Ascomycete Podospora anserina Involved in Sexual Development and Cell Degeneration▿ †

    OpenAIRE

    Malagnac, Fabienne; Klapholz, Benjamin; Silar, Philippe

    2007-01-01

    In various organisms, thioredoxins are known to be involved in the reduction of protein disulfide bonds and in protecting the cell from oxidative stress. Genes encoding thioredoxins were found by searching the complete genome sequence of the filamentous ascomycete Podospora anserina. Among them, PaTrx1, PaTrx2, and PaTrx3 are predicted to be canonical cytosolic proteins without additional domains. Targeted disruption of PaTrx1, PaTrx2, and PaTrx3 shows that PaTrx1 is the major thioredoxin inv...

  5. Stern-judging: A simple, successful norm which promotes cooperation under indirect reciprocity.

    Science.gov (United States)

    Pacheco, Jorge M; Santos, Francisco C; Chalub, Fabio A C C

    2006-12-29

    We study the evolution of cooperation under indirect reciprocity, believed to constitute the biological basis of morality. We employ an evolutionary game theoretical model of multilevel selection, and show that natural selection and mutation lead to the emergence of a robust and simple social norm, which we call stern-judging. Under stern-judging, helping a good individual or refusing help to a bad individual leads to a good reputation, whereas refusing help to a good individual or helping a bad one leads to a bad reputation. Similarly for tit-for-tat and win-stay-lose-shift, the simplest ubiquitous strategies in direct reciprocity, the lack of ambiguity of stern-judging, where implacable punishment is compensated by prompt forgiving, supports the idea that simplicity is often associated with evolutionary success.

  6. Stern-judging: A simple, successful norm which promotes cooperation under indirect reciprocity.

    Directory of Open Access Journals (Sweden)

    Jorge M Pacheco

    2006-12-01

    Full Text Available We study the evolution of cooperation under indirect reciprocity, believed to constitute the biological basis of morality. We employ an evolutionary game theoretical model of multilevel selection, and show that natural selection and mutation lead to the emergence of a robust and simple social norm, which we call stern-judging. Under stern-judging, helping a good individual or refusing help to a bad individual leads to a good reputation, whereas refusing help to a good individual or helping a bad one leads to a bad reputation. Similarly for tit-for-tat and win-stay-lose-shift, the simplest ubiquitous strategies in direct reciprocity, the lack of ambiguity of stern-judging, where implacable punishment is compensated by prompt forgiving, supports the idea that simplicity is often associated with evolutionary success.

  7. ε-Caprolactam migration from irradiated PA-6 food packaging: kinetic simulation and measurement

    International Nuclear Information System (INIS)

    Rosa, Faena Machado Leite; Felix, Juliana; Araujo, Henrique Peres; Monteiro, Magali

    2007-01-01

    Migration of low molecular mass compounds (LMMC), such as monomers and additives, from plastic packaging into food simulants is a very important issue, concerning public health and chemical contamination of foods. Sterilization of food packaging materials with ionizing radiation is considered an alternative to other sterilization methods, but when polymers are irradiated, LMMC may be formed, as radiolysis products. According to the Brazilian legislation, specific migration tests, such as those of LMMC from packaging into simulants, should be carried out at certain temperature and time, depending on the real conditions of contact. In this work, multilayer flexible films with polyamide 6 (PA-6), used for meat foodstuffs, were studied. The ε-caprolactam (PA-6 monomer) specific migration into acetic acid 3% simulant at 40 deg C during 10 days and at 100 deg C during 30 minutes was performed. The initial monomer level in the irradiated and non irradiated PA-6 films was quantified by high resolution gas chromatography (HRGC). Radiation doses were 3 and 7 kGy. ε-caprolactam specific migration was carried out only with non irradiated films. The results showed that radiation causes a significant change in the monomer level, up or down, depending on the multilayer film type. The kinetic of the ε-caprolactam migration at both temperatures, 40 and 100 deg C was clearly explained by the numerical simulation, combining an Arrhenius equation with the Fick's second law, although this kinetic was not experimentally studied. This simulation allowed to predict diffusion parameters estimates, like diffusion coefficients and activation energies of ε-caprolactam in the films or simulant. (author)

  8. Associations of parental education and parental physical activity (PA) with children's PA: The ENERGY cross-sectional study

    NARCIS (Netherlands)

    Jimenez-Pavon, D.; Fernandez-Alvira, J.M.; te Velde, S.J.; Brug, J.; Bere, E.; Jan, N.; Kovacs, E.; Androutsos, O.; Manios, Y.; de Bourdeaudhuij, I.; Moreno, L.A.

    2012-01-01

    Objective: The present study sought to examine the independent associations of parental education and physical activity (PA) with children's PA across Europe. Methods: A total of 7214 children (10-12. years) were recruited from a school-based cross-sectional survey during 2010 in seven European

  9. 78 FR 62364 - Sunshine Act Meeting

    Science.gov (United States)

    2013-10-21

    ... names of two offshore companies he controlled (the ``Corporate Accounts''). The law judge ordered Pierce... provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange... initial decision of an administrative law judge. The law judge found that China-Biotics, Inc., an issuer...

  10. Neutralisation of uPA with a monoclonal antibody reduces plasmin formation and delays skin wound healing in tPA-deficient mice

    DEFF Research Database (Denmark)

    Jögi, Annika; Rønø, Birgitte; Lund, Ida K

    2010-01-01

    Proteolytic degradation by plasmin and metalloproteinases is essential for epidermal regeneration in skin wound healing. Plasminogen deficient mice have severely delayed wound closure as have mice simultaneously lacking the two plasminogen activators, urokinase-type plasminogen activator (u......PA) and tissue-type plasminogen activator (tPA). In contrast, individual genetic deficiencies in either uPA or tPA lead to wound healing kinetics with no or only slightly delayed closure of skin wounds....

  11. Practical approach to a procedure for judging the results of analytical verification measurements

    International Nuclear Information System (INIS)

    Beyrich, W.; Spannagel, G.

    1979-01-01

    For practical safeguards a particularly transparent procedure is described to judge analytical differences between declared and verified values based on experimental data relevant to the actual status of the measurement technique concerned. Essentially it consists of two parts: Derivation of distribution curves for the occurrence of interlaboratory differences from the results of analytical intercomparison programmes; and judging of observed differences using criteria established on the basis of these probability curves. By courtesy of the Euratom Safeguards Directorate, Luxembourg, the applicability of this judging procedure has been checked in practical data verification for safeguarding; the experience gained was encouraging and implementation of the method is intended. Its reliability might be improved further by evaluation of additional experimental data. (author)

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

    Science.gov (United States)

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

    2012-01-01

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

  13. 8 CFR 1240.31 - Authority of immigration judges.

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

    Campbell, Colin D.; Fischel, William A.

    1996-01-01

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

  15. Positivity bias in judging ingroup members' emotional expressions.

    Science.gov (United States)

    Lazerus, Talya; Ingbretsen, Zachary A; Stolier, Ryan M; Freeman, Jonathan B; Cikara, Mina

    2016-12-01

    We investigated how group membership impacts valence judgments of ingroup and outgroup members' emotional expressions. In Experiment 1, participants, randomized into 2 novel, competitive groups, rated the valence of in- and outgroup members' facial expressions (e.g., fearful, happy, neutral) using a circumplex affect grid. Across all emotions, participants judged ingroup members' expressions as more positive than outgroup members' expressions. In Experiment 2, participants categorized fearful and happy expressions as being either positive or negative using a mouse-tracking paradigm. Participants exhibited the most direct trajectories toward the "positive" label for ingroup happy expressions and an initial attraction toward positive for ingroup expressions of fear, with outgroup emotion trajectories falling in between. Experiment 3 replicated Experiment 2 and demonstrated that the effect could not be accounted for by targets' gaze direction. Overall, people judged ingroup faces as more positive, regardless of emotion, both in deliberate and implicit judgments. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

  16. Hyperthermic Fibrinolysis with rt-PA: In Vitro Results

    International Nuclear Information System (INIS)

    Schwarzenberg, Helmut; Mueller-Huelsbeck, Stefan; Brossman, Joachim; Christian Glueer, Claus; Bruhn, Hans Dieter; Heller, Martin

    1998-01-01

    Purpose: To investigate the influence of hyperthermia up to 45 deg. C on fibrinolysis with recombinant tissue-type plasminogen activator (rt-PA). Methods: Standardized fibrin clots were incubated in a water bath for 5 hr with either rt-PA (test group) or 0.9% sodium chloride (control group) and blood plasma at temperatures of 30-45 deg. C. Concentrations of D-dimer and time to complete clot lysis were measured.Results: The activity of fibrinolysis with rt-PA rose with increasing temperature: time to lysis approximately halved from 30 deg. C to 40 deg. C and the concentration of D-dimer tripled. In the control group clot size did not change.Conclusions: Activity of rt-PA-induced fibrinolysis rises distinctly with higher temperatures. Since even healthy subjects show a physiologic decline in body temperature in the extremities, in patients with occlusive arterial disease decreased activity of fibrinolysis with rt-PA can be expected. Controlled hyperthermia may improve fibrinolysis with rt-PA and should be investigated in vivo

  17. [Neuroscience in the Courtroom: From responsibility to dangerousness, ethical issues raised by the new French law].

    Science.gov (United States)

    Gkotsi, G-M; Moulin, V; Gasser, J

    2015-10-01

    introduced into psychiatric testimonies by judges are explored. The examination of parliamentary debates showed that the new French law allowing neuroimaging techniques in judicial expertise was introduced in the aim to provide a legal framework that would protect the subject against potential misuses of neuroscience. The underlying fear above all, was that this technology be used as a lie detector, or as a means to predict the subject's behaviour. However, the possibility of such misuse remains open. Contrary to the legislator's wish, the defendant is not fully guaranteed against uses of neuroimaging techniques in criminal courts that would go against their interests and rights. In fact, the examination of the recently adopted legislation in France shows that assessments of dangerousness and of risk of recidivism have become central elements of the criminal policy, which makes it possible, if not likely that neuroimaging techniques be used for the evaluation of the dangerousness of the defendant. This could entail risks for the latter, as judges could perceive neuroscientific data as hard evidence, more scientific and reliable than the soft data of traditional psychiatry. If such neuroscientific data are interpreted as signs of potential dangerousness of a subject rather than as signs of criminal responsibility, defendants may become subjected to longer penalties or measures aiming to ensure public safety in the detriment of their freedom. In the current context of accentuated societal need for security, the judge and the expert-psychiatrist are increasingly asked to evaluate the dangerousness of a subject, regardless of their responsibility. Influenced by this policy model, the judge might tend to use neuroscientific data introduced by an expert as signs of dangerousness. Such uses, especially when they subjugate an individual's interest to those of society, might entail serious threats to an individual's freedom and civil liberties. Copyright © 2014 L’Encéphale, Paris

  18. The understanding of law professionals from the Federal District about drug users under the current new law / A compreensão dos operadores de direito do Distrito Federal sobre o usuário de drogas na vigência da nova lei

    Directory of Open Access Journals (Sweden)

    Maria Fátima Olivier Sudbrack

    2010-01-01

    Full Text Available Drugs users have been receiving contradictory treatments thereby promoting their stigma besides hiding and limiting the understanding of the phenomenon. The objective of this study was to investigate how the District Attorneys and Judges are considering and applying the new law which legislates on the conduct of drug use in Brazil. Eleven Law professionals from the Federal District participated in semi-structured interviews divided in three areas: the point of view in relation to the user of drugs, how the law is being applied, and how they conceive the work of the multidisciplinary teams. The results showed very heterogeneous positions, showing that there is no unanimity on the understanding of the new law. For some, there is a shared belief that drugs abuse is a public health problem, for others, it is believed that the user must receive a punishment for his/her illegal act. An effective and efficient interdisciplinary dialogue should allow a reflective action aiming at favoring those who come to justice.

  19. Rule of Law. Peculiarities of Kosovo System

    Directory of Open Access Journals (Sweden)

    Iliriana ISLAMI

    2017-03-01

    Full Text Available Nowadays there is a general call, of every international institution, meaning EU, and other international mechanism requiring and basing their policies on the principle of conditionality (Pippan, 2004 by urging states to undertake steps to fulfill the whole range of political and economic conditions in return for partnership, membership or monetary aid. Conditionality is screened through the new lenses of order and stability based on rule of law, democracy, free market economy, and respect for human rights and minority rights, envisaged as Western values. (Copenhagen Criteria, 1993 To achieve this aim the rule of law is considered as occupying a unique position in a democratic society, therefore it is called upon states to create conditions for reforms on a judiciary as the traditional mechanism to decide on disputes, to protect citizens from the arbitrary political affiliation or private individuals. As such, it fights corruption too. (Un Judge Simply said it is required from the states to create conditions to achieve the independent judiciary, through which democratic society can be created. As such, these analyses give hints on the issue of rule of law from the transitional phase of UNMIK to Kosovar Institution elucidating the presence of the EU EULEX Mission, too. Therefore, in the case of Kosovo the challenge of the judiciary system was twofold concerning UNMIK and EU Mission and the establishment of the Kosovo Constitution from another side.

  20. 20 CFR 405.5 - Definitions.

    Science.gov (United States)

    2010-04-01

    ..., and administrative law judge levels of the administrative review process. Medical and Vocational..., Federal reviewing official, and administrative law judge levels of the administrative review process... at the initial, Federal reviewing official, and administrative law judge levels of the administrative...

  1. Experimental investigation on tribological behaviours of PA6, PA6 ...

    Indian Academy of Sciences (India)

    ... wear resistance. Further, the thermal stability of Al2O3 and graphite particles was studied ... no significant improvement in wear resistance, the co-efficient of friction and heat generation. Keywords. ... wear tests for aramid, carbon and glass fibre composites run- ...... PA6/30wt% Al2O3 composites were determined from the.

  2. Mapping Judicial Dialogue across National Borders: An Exploratory Network Study of Learning from Lobbying among European Intellectual Property Judges

    Directory of Open Access Journals (Sweden)

    Emmanuel Lazega

    2012-05-01

    Full Text Available This paper looks at dialogue and collective learning across borders through personal networks of judges. We focus on judges participating in the Venice Forum, bringing together European patent judges involved in institutional lobbying for the construction of a European Patent Court. Empirical observation shows that personal networks of discussion with foreign judges, reading of their work and references to their decisions do exist in this milieu and can be mapped. Our network study shows that judges from some European countries are more active in this dialogue than judges from other countries. The learning process is driven, to some extent, by a small subset of super-central judges who frame this dialogue and can be considered to be opinion leaders in this social milieu. We measure a strong level of consensus among the judges on several controversial issues surrounding the procedure of a possible future European Patent Court. But strong differences between them remain. Dialogue and collective learning do not, by themselves, lead to convergence towards a uniform position in these controversies.

  3. The Conseil d'Etat ruling to the dispute about the report from the 9. Chamber of Dispute Section - No. 370321. Regulated tariffs for the supply of natural gas - The Conseil d'Etat judges that the continuation of regulated tariffs for the supply of natural gas is contrary to E.U. law

    International Nuclear Information System (INIS)

    Lignereux, Bastien; Nicolazo de Barmon, Marie-Astrid

    2017-07-01

    The National Association of energy retailer operators (ANODE) brought proceedings to the Conseil d'Etat arguing that the decree of 16 May 2013 regarding regulated tariffs for the supply of natural gas was 'ultra vires'. The ANODE submitted that this tariff regulation breached European Union Law. Applying the findings of the preliminary ruling of 7 September 2016 given in this matter by the European Court of Justice, the Conseil d'Etat, in today's decision, annulled the decree of 16 May 2013 on the grounds that the imposition of a natural gas tariff regulation infringed European Union Law. In light of the great uncertainty that would affect contracts signed by millions of consumers as a result of such an annulment, and with regard to the necessity to prevent the legal insecurity that would ensue, the Conseil d'Etat has judged, exceptionally, that the past effects of this decree, which ceased to apply on 1 January 2016, must nevertheless be regarded as irrevocable

  4. 15 CFR 280.215 - Interlocutory review of rulings.

    Science.gov (United States)

    2010-01-01

    ... party, or on the administrative law judge's own initiative, the administrative law judge may certify to... administrative law judge determines that immediate review may hasten or facilitate the final disposition of the... replies, following which the Under Secretary will decide the matter promptly. ...

  5. 5 CFR 1201.121 - Scope of jurisdiction; application of subparts B, F, and H.

    Science.gov (United States)

    2010-01-01

    ... agency actions against administrative law judges, decided under this subpart. Subpart H of this part also... stays of certain personnel actions, proposed agency actions against administrative law judges, and... with Special Counsel complaints and stay requests, and agency actions against administrative law judges...

  6. Blood brain barrier permeability and tPA-mediated neurotoxicity

    Science.gov (United States)

    Nassar, Taher; Yarovoi, Sergey; Rayan, Anwar; Lamensdorf, Itschak; Karakoveski, Michael; Vadim, Polianski; Fanne, Rami Abu; Jamal, Mahmud; Cines, Douglas B.; Higazi, Abd Al-Roof

    2015-01-01

    Tissue type plasminogen activator (tPA) induces neuronal apoptosis, disrupt the blood-brain-barrier (BBB), and promotes dilation of the cerebral vasculature. The timing, sequence and contributions of these and other deleterious effects of tPA and their contribution to post-ischemic brain damage after stroke, have not been fully elucidated. To dissociate the effects of tPA on BBB permeability, cerebral vasodilation and protease-dependent pathways, we developed several tPA mutants and PAI-1 derived peptides constructed by computerized homology modeling of tPA. Our data show that intravenous administration of human tPA to rats increases BBB permeability through a non-catalytic process, which is associated with reversible neurotoxicity, brain damage, edema, mortality and contributes significantly to its brief therapeutic window. Furthermore, our data show that inhibiting the effect of tPA on BBB function without affecting its catalytic activity, improves outcome and significantly extends its therapeutic window in mechanical as well as thromboembolic models of stroke. PMID:20060006

  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. The development and effectiveness of international administrative law on the occasion of the thirtieth anniversary of the World Bank Administrative Tribunal

    CERN Document Server

    2012-01-01

    International administrative law, or more precisely the law of the international civil service, has been the focus of increased attention in recent years. A part of the discussion has focused on the design of the justice mechanisms of international organizations, exemplified by the overhaul of the internal justice system of the United Nations in 2009. The internal justice systems of some international organizations have been subjected to scrutiny before some national courts, and the role and contribution of international administrative tribunals to the development of the law continue to be an important part of discussions of good governance and accountability of international organizations. The essays in this book, written by judges, practitioners, academics and other experts, address these and other issues.

  9. Delaney and the Motor Vehicle Insurance Directives: Lessons for the Teaching of EU Law

    OpenAIRE

    Marson, James; Ferris, Katy

    2016-01-01

    A recent series of cases relating to the EU Motor Vehicle Insurance Directives and their application in the UK makes for interesting reading. It is the UK’s negligent transposition, and a lack of knowledge and awareness by lawyers and judges in the cases of the interaction between domestic and EU law, which compounds the negative effects. The issues raised in Delaney v Pickett [2011] and Delaney v Secretary of State [2014] do not just generate concern as to the implications they have for the ...

  10. {epsilon}-Caprolactam migration from irradiated PA-6 food packaging: kinetic simulation and measurement

    Energy Technology Data Exchange (ETDEWEB)

    Rosa, Faena Machado Leite [Instituto de Pesquisas Energeticas e Nucleares (IPEN/CNEN-SP), Sao Paulo, SP (Brazil); Felix, Juliana; Araujo, Henrique Peres; Monteiro, Magali [UNESP, Araraquara, SP (Brazil). Faculdade de Ciencias Farmaceuticas. Dept. de Alimentos e Nutricao; Padula, Marisa [Instituto de Tecnologia de Alimentos (ITAL), Campinas, SP (Brazil). Centro de Tecnologia de Embalagem; Manzoli, Jose Eduardo [Instituto de Pesquisas Energeticas e Nucleares (IPEN/CNEN-SP), Sao Paulo, SP (Brazil); Universidade Sao Judas Tadeu (USJT), Sao Paulo, SP (Brazil)], E-mail: jmanzoli@ipen.br

    2007-07-01

    Migration of low molecular mass compounds (LMMC), such as monomers and additives, from plastic packaging into food simulants is a very important issue, concerning public health and chemical contamination of foods. Sterilization of food packaging materials with ionizing radiation is considered an alternative to other sterilization methods, but when polymers are irradiated, LMMC may be formed, as radiolysis products. According to the Brazilian legislation, specific migration tests, such as those of LMMC from packaging into simulants, should be carried out at certain temperature and time, depending on the real conditions of contact. In this work, multilayer flexible films with polyamide 6 (PA-6), used for meat foodstuffs, were studied. The {epsilon}-caprolactam (PA-6 monomer) specific migration into acetic acid 3% simulant at 40 deg C during 10 days and at 100 deg C during 30 minutes was performed. The initial monomer level in the irradiated and non irradiated PA-6 films was quantified by high resolution gas chromatography (HRGC). Radiation doses were 3 and 7 kGy. {epsilon}-caprolactam specific migration was carried out only with non irradiated films. The results showed that radiation causes a significant change in the monomer level, up or down, depending on the multilayer film type. The kinetic of the {epsilon}-caprolactam migration at both temperatures, 40 and 100 deg C was clearly explained by the numerical simulation, combining an Arrhenius equation with the Fick's second law, although this kinetic was not experimentally studied. This simulation allowed to predict diffusion parameters estimates, like diffusion coefficients and activation energies of {epsilon}-caprolactam in the films or simulant. (author)

  11. 17 CFR 10.110 - Basis for issuance of restitution orders.

    Science.gov (United States)

    2010-04-01

    ... entered, the Administrative Law Judge shall, as part of his or her initial decision, determine whether restitution is appropriate. In deciding whether restitution is appropriate, the Administrative Law Judge, in.... If the Administrative Law Judge determines that restitution is an appropriate remedy in a proceeding...

  12. 47 CFR 1.331 - Who may sign and issue.

    Science.gov (United States)

    2010-10-01

    ... requiring the production of any books, papers, schedules of charges, contracts, agreements, and documents... commissioner participating in the conduct of the hearing. (b) Hearings before an administrative law judge: By the administrative law judge or, in his absence, by the Chief Administrative Law Judge. ...

  13. The Mirror: Advice on Presence and Awareness (dran pa dang shes bzhin gyi gdams pa me long ma

    Directory of Open Access Journals (Sweden)

    Chögyal Namkhai Norbu

    2013-09-01

    Full Text Available “The Mirror: Advice on the Presence of Awareness” (dran pa dang shes bzhin gyi gdams pa me long ma is a short text that describes the essence of the Dzogchen teaching (rdzogs chen, total perfection. Concerning the way to establish this point of view (lta ba, the main point is to have a direct understanding through the experience of our primordial state of pure presence, beyond any mental or intellectual construction. With regard to meditation (sgom pa, this involves practicing in order to be sure to understand our own true nature, the non-dual condition of the calm state (the essence of the mind and movement (its natural energy. Behavior (spyod pa is the integration of meditation in all our daily activities, continuing in the state of pure presence in every circumstance of life. This is the total realization.

  14. pyPaSWAS

    NARCIS (Netherlands)

    Warris, Sven; Timal, N.R.N.; Kempenaar, Marcel; Poortinga, Arne M.; Geest, van de Henri; Varbanescu, Ana L.; Nap, Jan Peter

    2018-01-01

    Background Our previously published CUDA-only application PaSWAS for Smith-Waterman (SW) sequence alignment of any type of sequence on NVIDIA-based GPUs is platform-specific and therefore adopted less than could be. The OpenCL language is supported more widely and allows use on a variety of hardware

  15. Sample Scripts for Generating PaGE-OM XML [

    Lifescience Database Archive (English)

    Full Text Available Sample Scripts for Generating PaGE-OM XML This page is offering some sample scripts...on MySQL. Outline chart of procedure 6. Creating RDB tables for Generating PaGE-OM XML These scripts help yo...wnload: create_tables_sql2.zip 7. Generating PaGE-OM XML from phenotype data This sample Perl script helps y

  16. Cross-cultural adaptation of the assistive technology device - Predisposition assessment (ATD PA) for use in Brazil (ATD PA Br).

    Science.gov (United States)

    Alves, Ana Cristina de Jesus; Matsukura, Thelma Simões; Scherer, Marcia J

    2017-02-01

    The purpose of this study is to conduct a cross-cultural adaptation of the Assistive Technology Device Predisposition Assessment (ATD PA) for use in Brazil. The selection of the Assistive Technology Device Predisposition Assessment (ATD PA) was determined by previous literature reviews of articles published in 2014 and 2016 in six databases with the terms "assistive device" or "assistive technology" or "self-help device" combined with "evidence-based practice" or "framework" or "measurement scale" or "model and outcome assessment". This review indicated that the conceptual model of Assistive Technology (AT) most discussed in the literature was the Matching Person and Technology (MPT) model, and this finding determined the selection of ATD PA as an assessment within the MPT portfolio of measures. The procedures for cross-cultural adaptation were as follows: Equivalence of Concept, Semantic and Operational. Five experts were asked to translate 725 items and these translations were evaluated and a high level of agreement was demonstrated. The Portuguese version, Avaliação de Tecnologia Assistiva - Predisposição ao Uso - ATD PA Br, was derived from the original version in English (ATD PA). The ATD PA Br will support professionals and people with disabilities in Brazil to better select AT devices according to the clients' needs. Implications for rehabilitation Provides a systematic way of selecting assistive technology devices for the use of individuals with disabilities according to the Brazilian reality. A systematic way of selecting the assistive technology that can help decrease the abandonment of the assistive technology use. The use of the Matching Person and Technology theorical model and of the assessment ATD PA Br is essential to guide the researches and clinical practice in Brazil.

  17. 20 CFR 725.350 - Who are the adjudication officers?

    Science.gov (United States)

    2010-04-01

    ... to accept evidence and decide claims on the basis of such evidence are called “adjudication officers... part. (c) Administrative law judge. An administrative law judge is that official appointed pursuant to... administrative law judge for purposes of this part for any period after March 1, 1979. ...

  18. 76 FR 71370 - Silviu Ziscovici, M.D.; Decision and Order

    Science.gov (United States)

    2011-11-17

    ....; Decision and Order On December 10, 2010, Administrative Law Judge (ALJ) Timothy D. Wing, issued the... record in its entirety including the ALJ's recommended decision, I have decided to adopt the ALJ's... Administrative Law Judge Timothy D. Wing, Administrative Law Judge. This proceeding is an adjudication governed...

  19. 41 CFR 60-30.13 - Consent findings and order.

    Science.gov (United States)

    2010-07-01

    ... Administrative Law Judge after consideration of the nature of the proceeding, the requirments of the public... to the Administrative Law Judge for his consideration; (2) Inform the Administrative Law Judge that... 41 Public Contracts and Property Management 1 2010-07-01 2010-07-01 true Consent findings and...

  20. 20 CFR 405.330 - Prehearing conferences.

    Science.gov (United States)

    2010-04-01

    ... INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405.330 Prehearing conferences. (a)(1) The administrative law judge, on his or her own initiative or at your request, may decide to conduct a prehearing... claim. A prehearing conference normally will be held by telephone, unless the administrative law judge...

  1. 20 CFR 405.366 - Posthearing conferences.

    Science.gov (United States)

    2010-04-01

    ... INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405.366 Posthearing conferences. (a) The administrative law judge may decide, on his or her own initiative or at your request, to hold a posthearing... unless the administrative law judge decides that conducting it in another manner would be more efficient...

  2. 31 CFR 501.716 - Default.

    Science.gov (United States)

    2010-07-01

    ... Administrative Law Judge (or the Secretary's designee) pursuant to § 501.729(b). (b) In deciding whether to determine the proceedings against a party deemed to be in default, the Administrative Law Judge shall... default and the Administrative Law Judge (or the Secretary's designee during review proceedings) may...

  3. Physician Assistant profession (PA)

    Science.gov (United States)

    ... training program was founded in 1965 at Duke University by Dr. Eugene Stead. Most programs require applicants ... year 2020. The first PA students were mostly military medics. They were able to expand on the ...

  4. Documentation of the 40th scientific symposium of the Society for Environmental Law e.V., Leipzig 2016

    International Nuclear Information System (INIS)

    2017-01-01

    The documentation for the 40th scientific symposium of the Society for Environmental Law (GfU) in November 2016 in Leipzig offers illuminating insights into the state of discussions among German environmental law experts. TThe following focal points were at the centre of the jurisprudence debate: Four decades of immission control law (Prof. Dr. Alexander Schink, Bonn) - Legal problems of change approval (Prof. Dr. Olaf Reidt, Berlin) - Species protection law in the project approval (Judge at the BVerwG Dr. Dr. Ulrike Bick, Leipzig, Dr. Katrin Wulfert, Bochum) - Over-planning of infrastructure on the example of energy route planning (Dr. Tom Pleiner, Berlin) - The Nagoya Protocol and its implementation in the EU and Germany - Background and possible consequences for legal practice (Thomas Ebben, LL.M., Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, Bonn). The conference proceedings contain these articles of the symposium, the summary of the subsequent discussions as well as the contributions of the GfU-Forum, which is aimed especially at young environmental lawyers. [de

  5. Judging Judges: From 'Principal-Agent Theory' to 'Constitutional Justice' in Multilevel 'Judicial Governance' of Economic Cooperation Among Citizens

    OpenAIRE

    Ernst-Ulrich Petersmann

    2008-01-01

    How should citizens evaluate the ever more important case law of international economic courts and their sometimes inadequate responses (e.g. by investor-state arbitration) to 'the governance gaps created by globalization (which) provide the permissive environment for wrongful acts by companies of all kinds without adequate sanctioning or reparation'? Section I recalls that the customary law requirement (as codified in the Vienna Convention on the Law of Treaties) of settling 'disputes concer...

  6. One of My Favorite Judges: Constitutional Interpretation, Democracy and Antonin Scalia

    Directory of Open Access Journals (Sweden)

    Allan James

    2017-05-01

    Full Text Available In this article the author explains why Antonin Scalia was one of his favourite judges. It starts by excerpting some of Justice Scalia’s most biting and funny comments, both from judicial and extra-judicial sources. Then it explains the attractions of an originalist approach to constitutional interpretation, though arguing that the intentionalist strain is preferable to Scalia’s ‘original public meaning’ or ‘new originalism’ approach. Finally, it argues that within the confines of a constitutional structure with an entrenched bill of rights, Scalia was a strong proponent of democratic decision-making to resolve key social policy decisions, unlike many other top judges.

  7. Raportowanie społecznej odpowiedzialności w Państwowym Gospodarstwie Leśnym „Lasy Państwowe”

    Directory of Open Access Journals (Sweden)

    Ewa Śnieżek

    2016-09-01

    Full Text Available W dzisiejszych czasach przedsiębiorstwa, oprócz realizacji postawionych przed nimi celów gospodar- czych, powinny zaangażować się we wdrażanie koncepcji społecznej odpowiedzialności biznesu. Pań- stwowe Gospodarstwo Leśne „Lasy Państwowe” (dalej Lasy Państwowe nie stanowi pod tym względem wyjątku, przeciwnie, z samej definicji jego istnienia wynika wpisana w misję, wizję i strategię odpowie- dzialność przed społeczeństwem, przed obecnym i przyszłymi pokoleniami. Do tej pory w Lasach Pań- stwowych nie zostały opracowane jednolite ramy raportowania działań społecznie odpowiedzialnych. Mimo wielu rozproszonych dokumentów wskazujących na ich wkład w tym zakresie, Lasy Państwowe nie mają w swoim raporcie zbioru informacji poświęconych zagadnieniom społecznej odpowiedzialności. Celem artykułu jest wskazanie, że społeczna odpowiedzialność w takim podmiocie, jakim są Lasy Pań- stwowe, jest obszarem niezwykle istotnym i w konsekwencji działań brzemiennym w skutki długofalowe dla współczesnego i przyszłych pokoleń. W artykule uzasadniono potrzebę i przedstawiono propozycję ogólnej struktury raportu o odpowiedzialności społecznej Lasów Państwowych wobec obecnych i przy- szłych interesariuszy. Jako podstawową metodę badawczą, oprócz studiów literaturowych, zastosowano metodę dedukcyjną, wspomaganą wnioskowaniem przez analogię.

  8. The PA projection of the clavicle: a dose-reducing technique.

    LENUS (Irish Health Repository)

    Mc Entee, Mark F

    2010-06-01

    This study compares dose and image quality during PA and AP radiography of the clavicle. The methodology involved a cadaver-based dose and image quality study. Results demonstrate a statistically significant 56.1 % (p PA and PA15 caudal projections. Reductions of 28.5 % (p PA. Differences in entrance-surface and exit doses were deemed non-significant. A 5.9 % (p PA positioning. Reductions in image quality were evaluated to be non-significant at 95 % (AP vs PA (p PA15 degrees (p PA projection is chosen over the AP projection. The authors recommend the implementation of PA positioning for clavicle radiography.

  9. Picada Pa'Cinco

    OpenAIRE

    Dunne, Dermot

    2007-01-01

    Picada Pa'Cinco is the first studio recording of the Dublin based South American group Lunfardia (Dermot Dunne-accordion, Ariel Hernandez-voice & guitar, Ioana Petcu Colan-violin, Malachy Robinson-double bass, Frank Vidal-percussion) and features both original compositions and arrangements of folk music from South America by Ariel Hernandez https://arrow.dit.ie/musrec/1019/thumbnail.jpg

  10. 20 CFR 416.1476 - Procedures before Appeals Council on review.

    Science.gov (United States)

    2010-04-01

    ... administrative law judge to receive evidence and issue a new decision. However, if the Appeals Council decides... benefits, the Appeals Council will consider the evidence in the administrative law judge hearing record and... administrative law judge hearing decision. If you submit evidence which does not relate to the period on or...

  11. 14 CFR 406.117 - Confidential information.

    Science.gov (United States)

    2010-01-01

    ... public unless and until the administrative law judge or the FAA decisionmaker decides it may be made... 49 U.S.C. 70114 the administrative law judge must decide. Either party may file an interlocutory... administrative law judge determines that the requested material is necessary to decide the case, or would...

  12. 20 CFR 404.961 - Prehearing and posthearing conferences.

    Science.gov (United States)

    2010-04-01

    ... and Decisions Administrative Law Judge Hearing Procedures § 404.961 Prehearing and posthearing conferences. The administrative law judge may decide on his or her own, or at the request of any party to the.... The administrative law judge shall tell the parties of the time, place and purpose of the conference...

  13. 8 CFR 1240.12 - Decision of the immigration judge.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Decision of the immigration judge. 1240.12 Section 1240.12 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE IMMIGRATION REGULATIONS PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES Removal...

  14. 8 CFR 1240.50 - Decision of the immigration judge.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Decision of the immigration judge. 1240.50 Section 1240.50 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE IMMIGRATION REGULATIONS PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES Proceedings To...

  15. Self-Perceived Career and Interpersonal Skills Gained from Participation on a Collegiate Livestock Judging Team

    Science.gov (United States)

    Bolton, Sarah; Duncan, Dennis W.; Fuhrman, Nicholas E.; Flanders, Frank

    2015-01-01

    Collegiate livestock judging is primarily an extracurricular activity that reinforces concepts taught in the classroom. Previous research has determined that participating on a livestock judging team can aid in the development of perceived life skills. Participants of this study indicated that their experience on a collegiate team helped them…

  16. 49 CFR 386.2 - Definitions.

    Science.gov (United States)

    2010-10-01

    ....C. 554-558. Administrative law judge means an administrative law judge appointed pursuant to the... III); section 18 of the Bus Regulatory Reform Act of 1982 (49 U.S.C. 31138); section 30 of the Motor... which become the Final Agency Order pursuant to 386.22, or decisions of the Administrative Law Judge...

  17. 20 CFR 416.1461 - Prehearing and posthearing conferences.

    Science.gov (United States)

    2010-04-01

    ... Determinations and Decisions Administrative Law Judge Hearing Procedures § 416.1461 Prehearing and posthearing conferences. The administrative law judge may decide on his or her own, or at the request of any party to the.... The administrative law judge shall tell the parties of the time, place and purpose of the conference...

  18. Logistics improvements in a cooperative of recyclable waste collectors in Belém-PA: A proposal based on NSWP

    Directory of Open Access Journals (Sweden)

    Emmily Caroline Cabral da Fonseca

    2017-03-01

    Full Text Available The increase in consumption has contributed to the growth in solid waste generation. In 2012, Brazil presented an increase in waste generation rates, which exceeded the rate of population growth. The metropolitan region of Belém-PA reflects this scenario as well. This Brazilian State has taken actions in order to combat this problem, and one of them was the creation of the National Solid Waste Policy (NSWP established by Law No. 12,305 (2010. This Law contains guidelines for handling, decreasing generation, reusing and recycling solid waste. In this sense, the cooperatives of recyclable waste collectors are an important link in this reusing and recycling network. Thus, this paper proposes improvements for the processes performed by a cooperative of waste collectors, located in Belém-PA, in the context of the NSWP by encouraging the sustainable development of this organization. For this purpose, the theoretical background was provided from journals and government sites, especially topics regarding to the said Act and the Reverse Logistics (RL. In addition, data from the cooperative activities were collected and analyzed, which resulted in the following contributions: proposition of improvements in the processes, object of this study, which followed the NSWP considerations. These results proposed actions aligned to the principles of sustainable development expected in the NSWP, as well as to generate new content focused on the area of Production Engineering, especially Logistics.

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

    Directory of Open Access Journals (Sweden)

    Deka Rachman Budihanto

    2017-09-01

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

  20. Japan's nuclear PA activity in local governments

    International Nuclear Information System (INIS)

    Fujii, Nobuyuki

    1995-01-01

    This presentation emphasises some points of PA activities, based on the experience of 'cooperation projects for local governments'. Local governments distribute the public information directly to the residents. This is very important because officers of the local government can be the opinion leaders of the region. Local government exist very close to the residents, while the central government is a distant and faceless existence for the local people. It is believed that the local governments play an imperative role in PA activities. In other words, we must further utilize the organizations and functions of the local governments to implement PA activities. In conclusion, three recommendations are offered. Firstly, enough budget and authority should be given to the local governments as far as PA activities in their areas are concerned, and most of such activities should be entrusted to the local governments. Local governments should place more public relations officers, and continue the manpower development. Second, with regard to highly technical or specialized issues which a local governments cannot treat alone, related organizations like JAERO should support their PA activities. Third, such related organizations should also cooperate with local government including assistance in providing know-how, when their public information activities focus on educators, journalists, or the women. These three points should be given due consideration in our cooperation projects for the local governments, and JAERO is doing its best every day

  1. Ku-pa-ro en las tablillas de Cnoso

    Directory of Open Access Journals (Sweden)

    José L. Melena

    1974-12-01

    Full Text Available This paper is intended to be a comprehensive analysis of the evidence of ku-pa-ro in the Knossos Linear B tablets. Its main purpose is to set up the importance of such aromatic plant in the Mycenaean economy at Knossos and to identify what kind of sedge was concealed under the name ku-pa-ro and what part of the plant was used and for what purposes. What it is stressed is the usage of the Cyperus rotundus L. (i. e. the ku-pa-ro in the industry of perfumes and as a food additive as well. What is inferred from the discussion on the evidence of ku-pa-ro issues a series of valuable data concerning the localization of certain place-names in the map of Crete, and concerning the explanation of ideogram *171. The high qualities of ku-pa-ro preserved in the tablets lead the author to assume that such a plant was cultivated in Crete and was one of the main aromatic plants used by the Mycenaeans in the making of perfumes.

  2. INTERPRETATION OF SYIQAQAND ITS PROCEDURAL LAW AT RELIGIOUS COURT IN YOGYAKARTA

    Directory of Open Access Journals (Sweden)

    Haniah Ilhami

    2014-06-01

    Full Text Available The objective of this research is to identify the interpretation of syiqaq as a legal reason in divorce lawsuit and its procedural law implemented by the Religious Courts in Yogyakarta. This is an empirical normative research, using the literature research method and field research through Focus Group Discussion (FGD. This research found that syiqaq is interpreted as a specific form of an endless quarrelling which caused danger for either husband or wife. In practice, judges combine procedural law in divorce lawsuit based on syiqaq into the procedural law in other legal reason. Penelitian ini bertujuan untuk mengetahui interpretasi syiqaqsebagai alasan gugatan cerai oleh hakim dan praktek hukum acara penyelesaian perkara perceraian dengan alasan syiqaqyang diterapkan pada Pengadilan Agama di Daerah Istimewa Yogyakarta. Penelitian ini merupakan penelitian hukum normatif empiris, menggunakan metode penelitian kepustakaan dan penelitian lapangan melalui kegiatan Focus Group Discussion (FGD. Hasil penelitian menunjukkan bahwa syiqaqdiinterpretasikan sebagai perselisihan dan percekcokan antara suami istri yang telah menimbulkan bahaya mengancam baik pada para pihak. Dalam prakteknya, hakim menggabungkan proses acara penyelesaian perkara perceraian dengan menggunakan alasan syiqaqke dalam proses beracara untuk perkara yang menggunakan alasan perselisihan terus menerus.

  3. Integrating an Automatic Judge into an Open Source LMS

    Science.gov (United States)

    Georgouli, Katerina; Guerreiro, Pedro

    2011-01-01

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

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

    African Journals Online (AJOL)

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

  5. 14 CFR 13.226 - Public disclosure of evidence.

    Science.gov (United States)

    2010-01-01

    ... law judge and serving a copy of the motion on each party. The party shall state the specific grounds for nondisclosure in the motion. (b) The administrative law judge shall grant the motion to withhold information in the record if, based on the motion and any response to the motion, the administrative law judge...

  6. Flow-Field Characteristics of High-Temperature Annular Buoyant Jets and Their Development Laws Influenced by Ventilation System

    Directory of Open Access Journals (Sweden)

    Yi Wang

    2013-01-01

    Full Text Available The flow-field characteristics of high-temperature annular buoyant jets as well as the development laws influenced by ventilation system were studied using numerical methods to eliminate the pollutants effectively in this paper. The development laws of high-temperature annular buoyant jets were analyzed and compared with previous studies, including radial velocity distribution, axial velocity and temperature decay, reattachment position, cross-section diameter, volumetric flow rate, and velocity field characteristics with different pressures at the exhaust hood inlet. The results showed that when the ratio of outer diameter to inner diameter of the annulus was smaller than 5/2, the flow-field characteristics had significant difference compared to circular buoyant jets with the same outer diameter. For similar diameter ratios, reattachment in this paper occurred further downstream in contrast to previous study. Besides, the development laws of volumetric flow rate and cross-section diameter were given with different initial parameters. In addition, through analyzing air distribution characteristics under the coupling effect of high-temperature annular buoyant jets and ventilation system, it could be found that the position where maximum axial velocity occurred was changing gradually when the pressure at the exhaust hood inlet changed from 0 Pa to −5 Pa.

  7. Flow-field characteristics of high-temperature annular buoyant jets and their development laws influenced by ventilation system.

    Science.gov (United States)

    Wang, Yi; Huang, Yanqiu; Liu, Jiaping; Wang, Hai; Liu, Qiuhan

    2013-01-01

    The flow-field characteristics of high-temperature annular buoyant jets as well as the development laws influenced by ventilation system were studied using numerical methods to eliminate the pollutants effectively in this paper. The development laws of high-temperature annular buoyant jets were analyzed and compared with previous studies, including radial velocity distribution, axial velocity and temperature decay, reattachment position, cross-section diameter, volumetric flow rate, and velocity field characteristics with different pressures at the exhaust hood inlet. The results showed that when the ratio of outer diameter to inner diameter of the annulus was smaller than 5/2, the flow-field characteristics had significant difference compared to circular buoyant jets with the same outer diameter. For similar diameter ratios, reattachment in this paper occurred further downstream in contrast to previous study. Besides, the development laws of volumetric flow rate and cross-section diameter were given with different initial parameters. In addition, through analyzing air distribution characteristics under the coupling effect of high-temperature annular buoyant jets and ventilation system, it could be found that the position where maximum axial velocity occurred was changing gradually when the pressure at the exhaust hood inlet changed from 0 Pa to -5 Pa.

  8. A EFETIVIDADE DA TUTELA TRABALHISTA NA REPRESSÃO AO TRABALHO ESCRAVO CONTEMPORÂNEO | THE EFFECTIVENESS OF LABOR LAW PROTECTION TO SUPPRESS THE CONTEMPORANEOUS SLAVERY

    Directory of Open Access Journals (Sweden)

    Renato de Almeida Oliveira Muçouçah

    2016-08-01

    Full Text Available The article aims to analyze the modern slavery and search the most possible effective ways to its repression, reflecting what is the most effective protection for that. It sought, through deductive analysis of relevant literature, apart from brief inductive appreciation judged, deductively test hypotheses by which it could respond effectively to the protection of fundamental rights of workers. The labor law protection, even though it uses arising concept of criminal law also dialogues with other sources (international conventions and criminal law, for example: the slave labor is not only deprivation of liberty, but also of human dignity. The labor law protection seems more permeable to this concept and allow not only the repression of slavery in the strict sense, but also to other degrading forms of work, especially through condemnation for pain and suffering in the punitive damages system.

  9. An e-Learning Collaborative Filtering Approach to Suggest Problems to Solve in Programming Online Judges

    Science.gov (United States)

    Toledo, Raciel Yera; Mota, Yailé Caballero

    2014-01-01

    The paper proposes a recommender system approach to cover online judge's domains. Online judges are e-learning tools that support the automatic evaluation of programming tasks done by individual users, and for this reason they are usually used for training students in programming contest and for supporting basic programming teachings. The…

  10. 20 CFR 901.43 - Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ....43 Employees' Benefits JOINT BOARD FOR THE ENROLLMENT OF ACTUARIES REGULATIONS GOVERNING THE... conduct proceedings upon complaints for the suspension or termination of enrolled actuaries. (b) Powers of... with any suspension or termination proceeding of an enrolled actuary, to do the following: (1...

  11. Use of sustainability appraisal by English planning inspectors and judges

    Energy Technology Data Exchange (ETDEWEB)

    Therivel, Riki, E-mail: riki@levett-therivel.co.uk

    2013-01-15

    This article considers how sustainability appraisals (SA - an English form of SEA that also considers social and economic issues) are treated at the end of the plan-making process: by planning inspectors who review plans before they are adopted, and by judges in the case of legal challenge to plans and their SAs. It briefly describes the role of inspectors and judges, and how their decisions influence SA. It presents the conclusions of 81 planning inspectors' reports about local authority development plans and their SAs, including three cases where inspectors required further SA information and reasons given by inspectors for not challenging the legal adequacy of other SAs. The three main successful English legal challenges to SA are then summarised. Planning inspectors seemed prone, until recently, to not challenge even quite poor quality SAs. This seems to be changing in the wake of recent court judgements, and in turn is affecting planners' SA practice. However it is unclear whether these changes will affect only the procedural aspects of SA or also planners' and inspectors' 'hearts and minds'. - Highlights: Black-Right-Pointing-Pointer Inspectors tend to err in favour of the submitted plan, even where its sustainability or the quality of its SA is dubious. Black-Right-Pointing-Pointer In contrast to inspectors, judges seem to be taking a broad and rigorous view of SEA requirements. Black-Right-Pointing-Pointer Planners and inspectors are changing their behaviour to avoid legal challenge.

  12. Use of sustainability appraisal by English planning inspectors and judges

    International Nuclear Information System (INIS)

    Therivel, Riki

    2013-01-01

    This article considers how sustainability appraisals (SA — an English form of SEA that also considers social and economic issues) are treated at the end of the plan-making process: by planning inspectors who review plans before they are adopted, and by judges in the case of legal challenge to plans and their SAs. It briefly describes the role of inspectors and judges, and how their decisions influence SA. It presents the conclusions of 81 planning inspectors' reports about local authority development plans and their SAs, including three cases where inspectors required further SA information and reasons given by inspectors for not challenging the legal adequacy of other SAs. The three main successful English legal challenges to SA are then summarised. Planning inspectors seemed prone, until recently, to not challenge even quite poor quality SAs. This seems to be changing in the wake of recent court judgements, and in turn is affecting planners' SA practice. However it is unclear whether these changes will affect only the procedural aspects of SA or also planners' and inspectors' ‘hearts and minds’. - Highlights: ► Inspectors tend to err in favour of the submitted plan, even where its sustainability or the quality of its SA is dubious. ► In contrast to inspectors, judges seem to be taking a broad and rigorous view of SEA requirements. ► Planners and inspectors are changing their behaviour to avoid legal challenge.

  13. 24 CFR 17.153 - Determination of the Administrative Judge.

    Science.gov (United States)

    2010-04-01

    ... Administrative Judge shall issue a written decision which includes the supporting rationale for the decision. The... Department, the Department's Office of Finance and Accounting, the debtor, and the debtor's attorney or other... determination is received by the Department's Chief Financial Officer. No referral will be made to the IRS or...

  14. Seepage Model for PA Including Drift Collapse

    International Nuclear Information System (INIS)

    Li, G.; Tsang, C.

    2000-01-01

    The purpose of this Analysis/Model Report (AMR) is to document the predictions and analysis performed using the Seepage Model for Performance Assessment (PA) and the Disturbed Drift Seepage Submodel for both the Topopah Spring middle nonlithophysal and lower lithophysal lithostratigraphic units at Yucca Mountain. These results will be used by PA to develop the probability distribution of water seepage into waste-emplacement drifts at Yucca Mountain, Nevada, as part of the evaluation of the long term performance of the potential repository. This AMR is in accordance with the ''Technical Work Plan for Unsaturated Zone (UZ) Flow and Transport Process Model Report'' (CRWMS M andO 2000 [153447]). This purpose is accomplished by performing numerical simulations with stochastic representations of hydrological properties, using the Seepage Model for PA, and evaluating the effects of an alternative drift geometry representing a partially collapsed drift using the Disturbed Drift Seepage Submodel. Seepage of water into waste-emplacement drifts is considered one of the principal factors having the greatest impact of long-term safety of the repository system (CRWMS M andO 2000 [153225], Table 4-1). This AMR supports the analysis and simulation that are used by PA to develop the probability distribution of water seepage into drift, and is therefore a model of primary (Level 1) importance (AP-3.15Q, ''Managing Technical Product Inputs''). The intended purpose of the Seepage Model for PA is to support: (1) PA; (2) Abstraction of Drift-Scale Seepage; and (3) Unsaturated Zone (UZ) Flow and Transport Process Model Report (PMR). Seepage into drifts is evaluated by applying numerical models with stochastic representations of hydrological properties and performing flow simulations with multiple realizations of the permeability field around the drift. The Seepage Model for PA uses the distribution of permeabilities derived from air injection testing in niches and in the cross drift to

  15. Seepage Model for PA Including Dift Collapse

    Energy Technology Data Exchange (ETDEWEB)

    G. Li; C. Tsang

    2000-12-20

    The purpose of this Analysis/Model Report (AMR) is to document the predictions and analysis performed using the Seepage Model for Performance Assessment (PA) and the Disturbed Drift Seepage Submodel for both the Topopah Spring middle nonlithophysal and lower lithophysal lithostratigraphic units at Yucca Mountain. These results will be used by PA to develop the probability distribution of water seepage into waste-emplacement drifts at Yucca Mountain, Nevada, as part of the evaluation of the long term performance of the potential repository. This AMR is in accordance with the ''Technical Work Plan for Unsaturated Zone (UZ) Flow and Transport Process Model Report'' (CRWMS M&O 2000 [153447]). This purpose is accomplished by performing numerical simulations with stochastic representations of hydrological properties, using the Seepage Model for PA, and evaluating the effects of an alternative drift geometry representing a partially collapsed drift using the Disturbed Drift Seepage Submodel. Seepage of water into waste-emplacement drifts is considered one of the principal factors having the greatest impact of long-term safety of the repository system (CRWMS M&O 2000 [153225], Table 4-1). This AMR supports the analysis and simulation that are used by PA to develop the probability distribution of water seepage into drift, and is therefore a model of primary (Level 1) importance (AP-3.15Q, ''Managing Technical Product Inputs''). The intended purpose of the Seepage Model for PA is to support: (1) PA; (2) Abstraction of Drift-Scale Seepage; and (3) Unsaturated Zone (UZ) Flow and Transport Process Model Report (PMR). Seepage into drifts is evaluated by applying numerical models with stochastic representations of hydrological properties and performing flow simulations with multiple realizations of the permeability field around the drift. The Seepage Model for PA uses the distribution of permeabilities derived from air injection testing in

  16. 20 CFR 405.410 - Selecting claims for Decision Review Board review.

    Science.gov (United States)

    2010-04-01

    ... will not review claims based on the identity of the administrative law judge who decided the claim. (b... Decision Review Board review. (a)(1) The Board may review your claim if the administrative law judge made a decision under §§ 405.340 or 405.370 of this part, regardless of whether the administrative law judge's...

  17. 75 FR 1009 - Sunshine Act Meeting Notice

    Science.gov (United States)

    2010-01-07

    ...-002, to hear oral argument in an appeal by Diane M. Keefe (``Keefe''), a former employee of Pax World... administrative law judge. The law judge found that Keefe, a portfolio manager of the Pax World High Yield Fund... violated Section 34(b) of the Investment Company Act of 1940. The law judge suspended Keefe for twelve...

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

    Directory of Open Access Journals (Sweden)

    Stephanie K. Boys

    2010-09-01

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

  19. Judging the morality of utilitarian actions: How poor utilitarian accessibility makes judges irrational.

    Science.gov (United States)

    Kusev, Petko; van Schaik, Paul; Alzahrani, Shrooq; Lonigro, Samantha; Purser, Harry

    2016-12-01

    Is it acceptable and moral to sacrifice a few people's lives to save many others? Research on moral dilemmas in psychology, experimental philosophy, and neuropsychology has shown that respondents judge utilitarian personal moral actions (footbridge dilemma) as less appropriate than equivalent utilitarian impersonal moral actions (trolley dilemma). Accordingly, theorists (e.g., Greene et al., 2001) have argued that judgments of appropriateness in personal moral dilemmas are more emotionally salient and cognitively demanding (taking more time to be rational) than impersonal moral dilemmas. Our novel findings show an effect of psychological accessibility (driven by partial contextual information; Kahneman, 2003) on utilitarian moral behavior and response time for rational choices. Enhanced accessibility of utilitarian outcomes through comprehensive information about moral actions and consequences boosted utility maximization in moral choices, with rational choices taking less time. Moreover, our result suggests that previous results indicating emotional interference, with rational choices taking more time to make, may have been artifacts of presenting partial information.

  20. Pa2 kinematic bond in translational parallel manipulators

    Directory of Open Access Journals (Sweden)

    A. Hernández

    2018-01-01

    Full Text Available The Pa2 pair is composed of two intertwined articulated parallelograms connecting in parallel two links of a kinematic chain. This pair has two translational degrees of freedom leading to a translational plane variable with the position. Currently, the Pa2 pair appears in conceptual designs presented in recent papers. However, its practical application is very limited. One of the reasons for this can be the high number of redundant constraints it has. But, it has to be considered that most of them can be eliminated by replacing wisely the revolute joints by spherical joints. On the other side, the structure of the Pa2 pair contributes to increase the global stiffness of the kinematic chain in which it is mounted. Also, its implementation is a promising alternative to the problematic passive prismatic joints. In this paper, the Pa2 pairs are used in the design of a 3 − P Pa2 parallel manipulator. The potentiality of this design is evaluated and proven after doing the following analyses: direct and inverse kinematics, singularity study, and workspace computation and assessment.

  1. Stent-retriever thrombectomy after intravenous t-PA vs. t-PA alone in stroke

    DEFF Research Database (Denmark)

    Saver, Jeffrey L; Goyal, Mayank; Bonafe, Alain

    2015-01-01

    BACKGROUND: Among patients with acute ischemic stroke due to occlusions in the proximal anterior intracranial circulation, less than 40% regain functional independence when treated with intravenous tissue plasminogen activator (t-PA) alone. Thrombectomy with the use of a stent retriever, in addit...

  2. Aborto e legislação: opinião de magistrados e promotores de justiça brasileiros Aborto y legislación: opinión de magistrados y promotores de justicia brasileros Brazilian abortion law: the opinion of judges and prosecutors

    Directory of Open Access Journals (Sweden)

    Graciana Alves Duarte

    2010-06-01

    el aborto deberían ser ampliadas, o más aún que el aborto no debería ser considerado crimen. Las mayores proporciones de opiniones favorables para que el aborto sea permitido se refirieron a riesgo para la vida de la gestante (84%, anencefalia (83%, malformación congénita grave (82% y gravidez resultante de violación (82%. Las variables relativas a la religión fueron las más frecuentemente asociadas a tales opiniones. CONCLUSIONES: Se observó una tendencia a considerar la necesidad de cambios en la actual legislación brasilera en el sentido de ampliar las circunstancias en las cuales no se castiga el aborto y hasta dejar de considerarlo un crimen, independientemente de la circunstancia en que es practicado.OBJECTIVE: To analyze the opinion of judges and prosecutors concerning Brazilian abortion law and situations in which the abortion should be allowed. METHODS: A cross-sectional study was performed with 1,493 judges and 2,614 prosecutors in Brazil between 2005 and 2006. Participants completed a structured questionnaire approaching sociodemographic characteristics, opinions about abortion law, and circumstances in which abortion is considered lawful. Bivariate and multivariate analyses of data were carried out through Poisson regression. RESULTS: The majority of participants (78% found that the circumstances in which abortion is considered lawful should be broadened, or even that abortion should not be criminalized. The highest rates of pro-abortion opinions resulted from: risk to the life of the mother (84%, anencephaly (83%, severe congenital malformation of fetus (82%, and pregnancy resulting from rape (82%. Variables related to religion were strongly associated to the opinion of participants. CONCLUSIONS: There is a trend in considering the need of changing the current abortion law, in the sense of widening the circumstances in which abortion is considered lawful, or even toward decriminalizing abortion, regardless of the circumstances in which it

  3. Collective and single-particle excitations in the heavy deformable nuclei 234U, 233U, 231Th, 230Pa and 232Pa

    International Nuclear Information System (INIS)

    Kotthaus, Tanja

    2010-01-01

    In this thesis five heavy deformed isotopes from the mass region A≥230, namely 234 U, 233 U, 231 Th, 230 Pa and 232 Pa, were investigated by means of deuteron-induced neutron transfer reactions. The even-even isotope 234 U has been studied with the 4π-γ-spectrometer MINIBALL at the Cologne Tandem accelerator. Excited nuclei in the isotope 234 U were produced using the reaction 235 U(d,t) at a beam energy of 11 MeV. The target thickness was 3.5 mg/cm 2 . The analysis of the γγ-coincidence data yielded a reinterpretation of the level scheme in 12 cases. Considering its decay characteristics, the 4 + state at an excitation energy of 1886.7 keV is a potential candidate for a two-phonon vibrational state. The isotopes 233 U, 231 Th, 230 Pa and 232 Pa were investigated at the Munich Q3D spectrometer. For each isotope an angular distribution with angles between 5 and 45 were measured. In all four cases the energy of the polarized deuteron beam (vector polarization of 80%) was 22 MeV. As targets 234 U (160 μg/cm 2 ), 230 Th (140 μg/cm 2 ) and 231 Pa (140 μg/cm 2 ) were used. The experimental angular distributions were compared to results of DWBA calculations. For the odd isotope 233 U spin and parity for 33 states are assigned and in the other odd isotope 231 Th 22 assignments are made. The excitation spectra of the two odd-odd isotopes 230 Pa and 232 Pa were investigated for the first time. For the isotope 230 Pa 63 states below an excitation energy of 1.5 MeV are identified. Based on the new experimental data the Nilsson configuration of the ground state is either 1/2[530] p -5/2[633] n or 1/2[530] p +3/2[631] n . In addition 12 rotational bands are proposed and from this six values for the GM splitting energy are deduced as well as two new values for the Newby shift. In the other odd-odd isotope 232 Pa 40 states below an excitation energy of 850 keV are observed and suggestions for the groundstate band and its GM partner are made. From this one GM splitting

  4. Stimulation of investment in international energy through Nigerian tax exemption laws

    International Nuclear Information System (INIS)

    Osimiri, U.J.

    2002-01-01

    This article assesses the impact of recent tax exemption legislation as a vehicle for the attraction of investment in the quest for the development of international energy in Nigeria, particularly oil and gas. It seeks to argue that generous tax incentives are the most successful method of inducement of foreign investors, judging from the rising profile in the expansion of investment in the gas sector and the attendant increase in world trade. It attempts to assert that tax incentives alone, without the combination of other favourable factors, like political stability, observance of the rule of law and deregulation or trade liberalisation, cannot produce the desired result of local industrialisation and integration into the world economy. (author)

  5. 78 FR 7813 - Sanjay Trivedi, M.D.; Decision and Order

    Science.gov (United States)

    2013-02-04

    ....; Decision and Order On September 25, 2012, Administrative Law Judge (ALJ) Gail A. Randall issued the... record, I have decided to adopt the ALJ's rulings, findings of fact, conclusions of law, and recommended..., Conclusions of Law, and Decision of the Administrative Law Judge I. Facts Gail A. Randall, Administrative Law...

  6. Judging Fairness in Class Action Settlements

    Directory of Open Access Journals (Sweden)

    Catherine Piché

    2010-02-01

    Full Text Available In this paper, I describe the face of modern civil justice and discuss four paradoxes which justify re-evaluating the role of the judge responsible for reviewing class action settlements, in light of modern judicial culture. I also critically evaluate the existing procedures applicable to the fairness review as well as the judicial role described in the caselaw and doctrine, before suggesting a revised, three-parted role for the reviewing judge in the class action settlement context. Ultimately, I suggest that to reach fairness of process and outcome in class action settlements, judges should remain active and creative in their inquisitorial assessment of proposed class action settlements. They should also remain conciliatory, participating in the search for solutions regarding the proposed settlement, always seeking to find the truth (and what is “just” about the proposed settlement, in the utmost respect for the rights of absent class members, the respect of their interests, and the additional consideration of the interests of the defendants and of the public. Dans cet article, je présente l’état de la face de la justice civile moderne et je discute quatre paradoxes qui justifient une réévaluation du rôle du juge responsable de la révision et de l’approbation d’un règlement de recours collectif, à la lumière de la culture juridique moderne. Je propose aussi une évaluation critique des procédures en place s’appliquant à l’évaluation du caracters équitable de la transaction, de même que le rôle du juge décrit dans la jurisprudence et la doctrine, avant de suggérer un rôle révisé. Ce rôle modifié se décline en trois parties. Finalement, je suggère que pour atteindre l’équité de procédure et de résultat dans le cas de règlements en recours collectif, les juges devraient demeurer actifs et créatifs en enquêtant pour évaluer des règlements proposés dans les cas de recours collectifs. Ils et elles

  7. Excited levels of Pa-233

    International Nuclear Information System (INIS)

    Vara Cuadrado, J. M.

    1969-01-01

    A study of Pa-233 excited levels from the alpha decay of Np-237 and from beta decay of Th-233 has been performed. The alpha decay spectrum was measured with a semiconductor spectrometer of 18 keV effective resolution (FWHM). Over 13 new lines were identified. The gamma ray spectra of Np-237 and Th-233 were obtained with a Ge-Li detector low and medium range energy lines, and with Si-Li detector for the low energy region. A continuous purification method of Np-237 from its comparatively short-lived daughter Pa-233 was applied. A high number of new lines were identified in both spectra. The gamma-gamma coincidence spectra were obtained with INa(T 1 ) detectors. (Author) 54 refs

  8. Theoretical Reflections on the Public-Private Distinction and their Traces in European Union Law

    Directory of Open Access Journals (Sweden)

    Constanze Semmelmann

    2012-06-01

    Full Text Available From its inception, EU law has been organised with (economic integration as its guiding paradigm. A public-private distinction as it is known in many civil law countries has never been a characterising feature of EU law. In the absence of such a divide in EU law, the public and the private sphere interact differently. First, the attempt to strike a balance between the state and the market reflects the struggle for a delineation between public and private power. Second, the evolution of the personal scope of EU internal market law and fundamental rights increasingly involves private parties at both sides. Third, the emergence of European contract law has led to conceptual clashes between the international trade law paradigm and the public-private distinction in the tradition of civil law countries. It will be argued that EU law scholarship and legal practice will have to re-conceptualise the role of the individual and private parties as subjects of the law, bearers of rights and addressees of obligations in order to flesh out what is known as the private law element in many national legal cultures. Desde su creación, la legislación de la Unión Europea (UE se ha organizado en base al paradigma orientador de la integración (económica. La legislación comunitaria nunca se ha caracterizado por una distinción público-privada como la existente en el derecho civil de numerosos países. Ante la ausencia de esta división en la legislación de la UE, la esfera pública y la privada interactúan de forma indiferente. En primer lugar, el intento de lograr un equilibrio entre el Estado y el mercado refleja la lucha por una delimitación entre el poder público y el privado. En segundo lugar, la evolución del alcance privado de la legislación sobre el mercado interno europeo y los derechos fundamentales hace que se impliquen cada vez más poderes privados en ambas partes. En tercer lugar, el surgimiento del derecho contractual europeo ha dado lugar a

  9. BVA members wow judges in photo competition.

    Science.gov (United States)

    2016-09-03

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

  10. 15 CFR 766.14 - Interlocutory review of rulings.

    Science.gov (United States)

    2010-01-01

    ..., or on the judge's own initiative, the administrative law judge may certify to the Under Secretary for review a ruling that does not finally dispose of a proceeding, if the administrative law judge determines... the Under Secretary will decide the matter promptly. ...

  11. 76 FR 59503 - Establishment of Class E Airspace; Lebanon, PA

    Science.gov (United States)

    2011-09-27

    ...-0558; Airspace Docket No. 11-AEA-13] Establishment of Class E Airspace; Lebanon, PA AGENCY: Federal... at Lebanon, PA, to accommodate new Standard Instrument Approach Procedures that have been developed... amend Class E airspace 700 feet above the surface, at Lebanon, PA (76 FR 39038). Subsequent to...

  12. Arguing about climate change. Judging the handling of climate risk to future generations by comparison to the general standards of conduct in the case of risk to contemporaries

    International Nuclear Information System (INIS)

    Davidson, M.D.

    2009-01-01

    Intergenerational justice requires that climate risks to future generations be handled with the same reasonable care deemed acceptable by society in the case of risks to contemporaries. Such general standards of conduct are laid down in tort law, for example. Consequently, the validity of arguments for or against more stringent climate policy can be judged by comparison to the general standards of conduct applying in the case of risk to contemporaries. That this consistency test is able to disqualify certain arguments in the climate debate is illustrated by a further investigation of the debate on the social discount rate, used in cost-benefit analysis of climate policy

  13. Yet another call for a greater Role for good Faith in the South African Law of Contract: Can we banish the Law of the Jungle, while avoiding the Elephant in the Room?

    Directory of Open Access Journals (Sweden)

    Andre M Louw

    2013-12-01

    Full Text Available This article examines the current approach of the South African courts to the role of good faith or bona fides in contracts, as well as the courts’ stated reasons for this approach. The article specifically examines how arguments based on good faith have fared in the Constitutional Court to date, and the prospects for law reform to emanate from that court in the near future. The author suggests an understanding of good faith which he believes is in line with the Constitution of the Republic of South Africa, 1996 and argues that in terms of such an understanding of a robust good faith doctrine the legal fraternity or the courts can avoid some of the dangers that the judges of the Supreme Court of Appeal have warned about in this context in recent years. The author shares some concluding thoughts on the pressing need for law reform with respect to the role and presence of good faith in contracts.

  14. Nuclear Energy Law and Arbo Law/Safety Law

    International Nuclear Information System (INIS)

    Eijnde, J.G. van den

    1986-01-01

    The legal aspects of radiation protection in the Netherlands are described. Radiation protection is regulated mainly in the Nuclear Energy Law. The Arbo Law also has some sections about radiation protection. The interaction between both laws is discussed. (Auth.)

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

    Science.gov (United States)

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

    2016-01-01

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

  16. Heterosexual social competence, anxiety, avoidance and self-judged physical attractiveness.

    Science.gov (United States)

    Mitchell, K R; Orr, F E

    1976-10-01

    The relationship between self-judged physical attractiveness and opposite-sex behavior was examined as part of a large survey on the interaction patterns of 963 college students. The findings suggest that a self-rated negative physical image is related to significantly high levels of heterosexual difficulties.

  17. Judges as Fiscal Activists: Can Constitutional Review Shape Public Finance?

    Directory of Open Access Journals (Sweden)

    Kantorowicz Jarosław

    2014-07-01

    Full Text Available The judicialization of politics, or alternatively, politization of the judiciary has been much discussed over the last twenty years. Despite this, the way judges influence fiscal policy outcomes remains, to a large extent, unexplored. This paper attempts, at least partially, to fill this research gap. A judicial (constitutional review constitutes the central element of the current analysis since it is considered as a key institutional device through which Constitutional (Supreme Courts intervene in politics, including public finance. Specifically, this paper seeks to investigate empirically whether there is any systematic pattern according to which judges executing judicial review shape fiscal outcomes. The conceptual framework is based on the strategic interaction model and the assumption that the Constitutional Courts reflect public opinion (i.e. the Court as a majoritarian institution. Some preliminary results for a panel of 24 EU countries in the period 1995–2005 suggest that a strong judicial review correlates with a smaller size of government, measured as government income to GDP.

  18. Prenyltransferase inhibitor radiosensitization of pancreatic ductal carcinoma (PaCa) cells

    International Nuclear Information System (INIS)

    Brunner, T.B.; Hahn, S.M.; Rustgi, A.K.

    2003-01-01

    Farnesyltransferase inhibitors (FTIs) radiosensitize tumor cell lines expressing activated H-Ras. K-Ras however remains active after FTI treatment due to prenylation by geranylgeranyltransferase. Up to 90% of pancreatic carcinomas (PaCa) are mutant in K-ras. We hypothesized that combined FTI and geranylgeranyltransferase inhibitor (GGTI) treatment could radiosensitize PaCa cells. Nine human PaCa lines (7 K-ras-mutant, 2 ras-wt) and transgenic mouse pancreatic ductal cells (PDC) expressing wt-ras or mutant K-ras were tested in clonogenic assays with combined FTI-A +/- GGTI-B (Merck and Co Inc.). Inhibition of PI3- kinase (with LY294002) or inhibition of MEK1/2 (with U0126) served to assess the significance of the PI3-kinase and MAPK to radiation survival in these cells. H- and K-Ras prenylation status and changes in phosphorylation of AKT and MAPK were monitored as were changes in cell cycle distribution. FTI+GGTI treatment achieved inhibition of K-Ras prenylation in all PaCa cell lines. This treatment radiosensitized the K-ras mutant cell lines AsPC-1, Capan-2, MiaPaCa-2 and PSN-1, PancM, but not Capan-1 or the ras-wt cell lines (BxPC-3, HS766T, PDC-wt). L-778,123, a dual action inhibitor, sensitized all K-ras mutant cells. Surprisingly, PancM, Panc-1, MiaPaCa-2 and PDC K-Ras cells were radiosensitized by FTI treatment alone. R11577, another FTI without GGTI activity, also sensitized Panc-1 and MiaPaCa-2 and additionally AsPC-1 cells. Radiosensitization was also achieved after treatment with LY294002 in all PaCa lines expressing mutant-K-ras and the ras-wt line BxPC-3 overexpressing Akt2. However these lines were not sensitized by U0126. FTI+GGTI sensitize K-ras mt PaCa cell lines to radiation. PI3-kinase signaling but not MAPK signaling appears to contribute to radiation survival in PaCa cells. Radiosensitization of certain PaCa cells by FTI alone indicates that alternate pathways or farnesylated targets other than K-Ras may also be involved in radiation survival

  19. Technical Insights for Saltstone PA Maintenance

    International Nuclear Information System (INIS)

    Flach, G.; Sarkar, S.; Mahadevan, S.; Kosson, D.

    2011-01-01

    The Cementitious Barriers Partnership (CBP) is a collaborative program sponsored by the US DOE Office of Waste Processing. The objective of the CBP is to develop a set of computational tools to improve understanding and prediction of the long-term structural, hydraulic, and chemical performance of cementitious barriers and waste forms used in nuclear applications. CBP tools are expected to better characterize and reduce the uncertainties of current methodologies for assessing cementitious barrier performance and increase the consistency and transparency of the assessment process, as the five-year program progresses. In September 2009, entering its second year of funded effort, the CBP sought opportunities to provide near-term tangible support to DOE Performance Assessments (PAs). The Savannah River Saltstone Disposal Facility (SDF) was selected for the initial PA support effort because (1) cementitious waste forms and barriers play a prominent role in the performance of the facility, (2) certain important long-term behaviors of cementitious materials composing the facility are uncertain, (3) review of the SDF PA by external stakeholders is ongoing, and (4) the DOE contractor responsible for the SDF PA is open to receiving technical assistance from the CBP. A review of the current (SRR Closure and Waste Disposal Authority 2009) and prior Saltstone PAs (e.g., Cook et al. 2005) suggested five potential opportunities for improving predictions. The candidate topics considered were (1) concrete degradation from external sulfate attack, (2) impact of atmospheric exposure to concrete and grout before closure, such as accelerated slag and Tc-99 oxidation, (3) mechanistic prediction of geochemical conditions, (4) concrete degradation from rebar corrosion due to carbonation, and (5) early age cracking from drying and/or thermal shrinkage. The candidate topics were down-selected considering the feasibility of addressing each issue within approximately six months, and

  20. Technical Insights for Saltstone PA Maintenance

    Energy Technology Data Exchange (ETDEWEB)

    Flach, G.; Sarkar, S.; Mahadevan, S.; Kosson, D.

    2011-07-20

    The Cementitious Barriers Partnership (CBP) is a collaborative program sponsored by the US DOE Office of Waste Processing. The objective of the CBP is to develop a set of computational tools to improve understanding and prediction of the long-term structural, hydraulic, and chemical performance of cementitious barriers and waste forms used in nuclear applications. CBP tools are expected to better characterize and reduce the uncertainties of current methodologies for assessing cementitious barrier performance and increase the consistency and transparency of the assessment process, as the five-year program progresses. In September 2009, entering its second year of funded effort, the CBP sought opportunities to provide near-term tangible support to DOE Performance Assessments (PAs). The Savannah River Saltstone Disposal Facility (SDF) was selected for the initial PA support effort because (1) cementitious waste forms and barriers play a prominent role in the performance of the facility, (2) certain important long-term behaviors of cementitious materials composing the facility are uncertain, (3) review of the SDF PA by external stakeholders is ongoing, and (4) the DOE contractor responsible for the SDF PA is open to receiving technical assistance from the CBP. A review of the current (SRR Closure & Waste Disposal Authority 2009) and prior Saltstone PAs (e.g., Cook et al. 2005) suggested five potential opportunities for improving predictions. The candidate topics considered were (1) concrete degradation from external sulfate attack, (2) impact of atmospheric exposure to concrete and grout before closure, such as accelerated slag and Tc-99 oxidation, (3) mechanistic prediction of geochemical conditions, (4) concrete degradation from rebar corrosion due to carbonation, and (5) early age cracking from drying and/or thermal shrinkage. The candidate topics were down-selected considering the feasibility of addressing each issue within approximately six months, and

  1. Credibility of the emotional witness: a study of ratings by court judges.

    Science.gov (United States)

    Wessel, Ellen; Drevland, Guri C B; Eilertsen, Dag Erik; Magnussen, Svein

    2006-04-01

    Previous studies have shown that the emotional behavior displayed during testimony may affect the perceived credibility of the witness. The present study compares credibility ratings by Norwegian court judges with those made by lay people. The participants viewed one of three video-recorded versions of a rape victim's statement, role played by a professional actress. The statement was given in a free-recall manner with one of three kinds of emotions displayed, termed congruent, neutral, and incongruent emotional expression. The results show that, in contrast to lay people, the credibility ratings of court judges and their votes for a guilty verdict were not influenced by the emotions displayed by the witness. Results are discussed in terms of professional expertise.

  2. Robin Hood vs. King John Redistribution: How Do Local Judges Decide Cases In Brazil?

    OpenAIRE

    Ribeiro, Ivan Cesar

    2007-01-01

    This article discusses two opposed hypotheses to predict the behavior of judges when they have to decide a claim between parties with asymmetrical eco- nomic and political power. The .rst, which has broad acceptance among policy makers in Brazil, is the jurisdictional uncertainty hypothesis (Arida et al, 2005) that suggests that Brazilian judges tend to favor the weak party in the claim as a form of social justice and redistribution of income in favor of the poor. Glaeser et al (2003) stated ...

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

    OpenAIRE

    Dubrow-Marshall, LJ; Dubrow-Marshall, R

    2017-01-01

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

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

    Indian Academy of Sciences (India)

    R. Narasimhan (Krishtel eMaging) 1461 1996 Oct 15 13:05:22

    So this method brings certain difficulty for judgement. Hence the author further explores how one can use a great deal of the observational data such as a1,2 sin i, m1,2 sin3 i, K1,2 and f (m) in tables of binary stars to judge synchronization of rotation of binary stars by using apparent phenomenal descriptive methods. These.

  5. Women Judges and Women’s Rights in Pakistan

    Directory of Open Access Journals (Sweden)

    Livia Holden

    2017-12-01

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

  6. 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...

  7. Country's image as judged by international indices: Case of Tanzania

    African Journals Online (AJOL)

    This paper presented various international indices and how Tanzania is judged by them. The purpose was to reveal to different stakeholders and policy makers how this country is perceived by outsiders such as foreign donor countries, investors, tourist or international bodies. The methodology involved empirical review of ...

  8. 32 CFR 701.109 - Privacy Act (PA) appeals.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Privacy Act (PA) appeals. 701.109 Section 701... OF THE NAVY DOCUMENTS AFFECTING THE PUBLIC DON Privacy Program § 701.109 Privacy Act (PA) appeals. (a... commence when the appeal reaches the office of the review authority having jurisdiction over the record...

  9. PENEGAKAN HUKUM TERHADAP HAK ASUH ANAK AKIBAT PERCERAIAN DALAM PRAKTIK PERADILAN DI BALI

    Directory of Open Access Journals (Sweden)

    Ni Nyoman Sukerti

    2015-04-01

    Full Text Available Our research aims to find and analyze the laws applied by judge to custody of children due to divorce related to the enactment of legal pluralism. Related to this, the issues raised in this research are: 1. What law applied by judges to child custody  of divorce related to the enactment of legal pluralism?  2. What factors are the basis for consideration of the judge in determined custody of children divorce?. The results showed that the judge in determined custody of children of divorce apply national law. That is child to custody by mother may or paternal. Children who are under the care of the mother did not lose the right to inherit the father's side. The factors on which the consideration of the judge in determining child custody is a national marriage law, the cause of the divorce, and ensuring the interests the future of children, parenting by mothers did not abort child right inherit the father's side. The conclusion that the judge in determined the custody of children due to divorce apply national law. The factors on which the consideration of the judge in determining child custody is a national law, the cause of the divorce, and ensuring the interests of future child, parenting did not abort of child in her father's right to inherit.

  10. The impact of law and language as interactive patterns

    Directory of Open Access Journals (Sweden)

    Marina Kaishi

    2016-07-01

    Full Text Available Every country has adopted a certain law pattern. This has an impact on the language expression and the relevant adopted terminology. It can be tracked by examining and describing the lexical choices and the use of featuring structures, which form parallelisms in similar systems. Before proceeding with their linguistic description, it is necessary to explain the differences that exist between Greek-, French-, German-, Albanian law systems. It will be evident that they have some points in common, but at the same time they differ at a great extent in the way of conceptualizing the system. I shall use the Constitution as the basic law and a safe reference point for an explicit comparison. Terminology plays an important role in explaining these systems. The law & language are interactive patterns. We already have a European legal language, but it is time for a more coherent European wide legal language. The linguistic matters have a direct contact with judicial cases. Inside EU the usage of different languages is one of the main obstacles of the integration process. Then again according to EU it creates a specific problem for the European judges, translators and interpreters. So in order to achieve a co-usage of the language we need to develop a curriculum, in order to use a coherent terminology and linguistic patterns. To put a standard for the law language, used in the EU, we should follow a legal harmonization that is achieved through harmonized terminology inside EU. The right usage of the language and its terminology should be understood as a standardization process. Also European Union policy is of great importance because it informs us about language policy and how to deal with it. At last we must know that EU consists of 450 million people from different cultures and backgrounds. In this sense it can be said that EU is truly a multilingual institution that reinforces the ideal of a single community with different languages and different

  11. 43 CFR 4.27 - Standards of conduct.

    Science.gov (United States)

    2010-10-01

    ... this section, “deciding official” includes an attorney decision maker or Indian probate judge as... the Director, the Chief Administrative Law Judge, or the Chairman of the appropriate Board. (b) Ex... writing. (2) Sanctions. The administrative law judge, board, or Director who has responsibility for the...

  12. 8 CFR 1274a.1 - Employer requirements.

    Science.gov (United States)

    2010-01-01

    ... 1274a.1 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE... proceedings. The procedures for hearings before an administrative law judge relating to civil penalties sought... administrative law judge and, to the extent relevant, to cases before an immigration judge or the Board of...

  13. Removal of 230Th and 231Pa at ocean margins

    International Nuclear Information System (INIS)

    Anderson, R.F.; Bacon, M.P.; Brewer, P.G.

    1983-01-01

    Uranium, thorium and protactinium isotopes were measured in particulate matter collected by sediment traps deployed in the Panama Basin and by in-situ filtration of large volumes of seawater in the Panama and Guatemala Basins. Concentrations of dissolved Th and Pa isotopes were determined by extraction onto MnO 2 adsorbers placed in line behind the filters in the in-situ pumping systems. Concentrations of dissolved 230 Th and 231 Pa in the Panama and Guatemala Basins are lower than in the open ocean, whereas dissolved 230 Th/ 231 Pa ratios are equal to, or slightly greater than, ratios in the open ocean. Particulate 230 Th/ 231 Pa ratios in the sediment trap samples ranged from 4 to 8, in contrast to ratios of 30 or more at the open ocean sites previously studied. Particles collected by filtration in the Panama Basin and nearest to the continental margin in the Guatemala Basin contained 230 Th/ 231 Pa ratios similar to the ratios in the sediment trap samples. The ratios increased with distance away from the continent. Suspended particles near the margin show no preference for adsorption of Th or Pa and therefore must be chemically different from particles in the open ocean, which show a strong preference for adsorption of Th. Ocean margins, as typified by the Panama and Guatemala Basins, are preferential sinks for 231 Pa relative to 230 Th. Furthermore, the margins are sinks for 230 Th and, to a greater extent, 231 Pa transported by horizontal mixing from the open ocean. (orig.)

  14. Tissue Plasminogen Activator (tPA) Mediates Neurotoxin-Induced Cell Death and Microglial Activation

    National Research Council Canada - National Science Library

    Tsirka, Styliani-Anna

    2000-01-01

    .... In mice lacking tPA (tPA-/-), neurons are resistant to neurotoxic death. Delivery of tPA into tPA mice restores susceptibility to neuronal death, indicating that tPA is neurotoxic in the context of excitotoxic injury...

  15. Everything is permitted? People intuitively judge immorality as representative of atheists.

    Science.gov (United States)

    Gervais, Will M

    2014-01-01

    Scientific research yields inconsistent and contradictory evidence relating religion to moral judgments and outcomes, yet most people on earth nonetheless view belief in God (or gods) as central to morality, and many view atheists with suspicion and scorn. To evaluate intuitions regarding a causal link between religion and morality, this paper tested intuitive moral judgments of atheists and other groups. Across five experiments (N = 1,152), American participants intuitively judged a wide variety of immoral acts (e.g., serial murder, consensual incest, necrobestiality, cannibalism) as representative of atheists, but not of eleven other religious, ethnic, and cultural groups. Even atheist participants judged immoral acts as more representative of atheists than of other groups. These findings demonstrate a prevalent intuition that belief in God serves a necessary function in inhibiting immoral conduct, and may help explain persistent negative perceptions of atheists.

  16. Electronic structure of Pa at sign C28

    International Nuclear Information System (INIS)

    Zhao, Ke; Pitzer, R.M.

    1995-01-01

    The electronic structure of the endohedral complex Pa at sign C 28 was studied using ab initio quantum chemical methods including relativistic core potentials, gaussian double zeta basis sets, and spin-orbit configuration interaction calculations. As in U at sign C 28 , the self consistent field population analysis shows extensive mixing of Pa 6d and 5f orbitals with C π orbitals, indicating strong binding. The energy of the C 28 cage π* orbitals (e symmetry) is lower than that of the Pa 5f orbitals. The ground state has an e 1 configuration at both the SCF and CI level calculations. The lowest f 1 state is 1.68 eV and 1.70 eV above the ground state from SCF and CI calculations respectively. Previous calculations on U at sign C 28 showed that the ground state of U at sign C 28 is a π*f state instead of an f 2 state. The results for Pa at sign C 28 support that finding

  17. Ammonia Sensing Behaviors of TiO2-PANI/PA6 Composite Nanofibers

    Directory of Open Access Journals (Sweden)

    Fenglin Huang

    2012-12-01

    Full Text Available Titanium dioxide-polyaniline/polyamide 6 (TiO2-PANI/PA6 composite nanofibers were prepared by in situ polymerization of aniline in the presence of PA6 nanofibers and a sputtering-deposition process with a high purity titanium sputtering target. TiO2-PANI/PA6 composite nanofibers and PANI/PA6 composite nanofibers were fabricated for ammonia gas sensing. The ammonia sensing behaviors of the sensors were examined at room temperature. All the results indicated that the ammonia sensing property of TiO2-PANI/PA6 composite nanofibers was superior to that of PANI/PA6 composite nanofibers. TiO2-PANI/PA6 composite nanofibers had good selectivity to ammonia. It was also found that the content of TiO2 had a great influence on both the morphology and the sensing property of TiO2-PANI/PA6 composite nanofibers.

  18. Prospects for Searching for Time-Reversal Violation In Pa-229

    Science.gov (United States)

    Singh, Jaideep

    2017-09-01

    Certain pear-shaped nuclei are expected to have enhanced sensitivity to time-reversal and parity-violating interactions originating within the nuclear medium. In particular, Pa-229 is thought to be about 100,000 times more sensitive than Hg-199 which currently sets some of the most stringent limits for these types of interactions. Several challenges would first have to be addressed in order to take advantage of this discovery potential. First, there is not currently a significant source of Pa-229; however, there are plans to harvest Pa-229 from the FRIB beam dump. Second, the spin-5/2 nucleus of Pa-229 limits its coherence time while also making it sensitive to systematic effects related to local field gradients. On the other hand, this also gives Pa-229 an additional source of signal in the form of a magnetic quadrupole moment (MQM) which violates the same symmetries as an EDM but is not observable in spin-1/2 systems. Third, in order to compensate for the small atom numbers and short coherence times, the Pa-229 atoms would have to be probed with exceptionally large electric & magnetic fields that are only possible if Pa-229 is a part of a polar molecule or embedded inside of an optical crystal. I will present an our plans to test some of these concepts using stable Pr-141.

  19. 77 FR 61572 - Malcolm Baldrige National Quality Award Panel of Judges

    Science.gov (United States)

    2012-10-10

    ... composed of twelve members prominent in the fields of quality, innovation, and performance management and... Hertz, Director, Baldrige Performance Excellence Program, National Institute of Standards and Technology... Quality Award Panel of Judges AGENCY: National Institute of Standards and Technology, Department of...

  20. 76 FR 22675 - Malcolm Baldrige National Quality Award Panel of Judges

    Science.gov (United States)

    2011-04-22

    ... prominent in the fields of quality, innovation, and performance management and appointed by the Secretary of..., Director, Baldrige Performance Excellence Program, National Institute of Standards and Technology... Quality Award Panel of Judges AGENCY: National Institute of Standards and Technology, Department of...

  1. 10 CFR 1.15 - Atomic Safety and Licensing Board Panel.

    Science.gov (United States)

    2010-01-01

    ..., physicists, engineers, and environmental scientists; and Administrative Law Judges, who hear antitrust, civil... Administrative Law Judges and makes appropriate recommendations to the Commission concerning the rules governing...

  2. Air and radon pathways screenings methodologies for the next revision of the E-area PA

    Energy Technology Data Exchange (ETDEWEB)

    Dyer, J. A. [Savannah River Site (SRS), Aiken, SC (United States). Savannah River National Lab. (SRNL)

    2017-10-31

    The strategic plan for the next E-Area Low-Level Waste Facility Performance Assessment includes recommended changes to the screening criteria used to reduce the number of radioisotopes that are to be considered in the air and radon pathways incorporated into the GoldSim® atmospheric release model (ARM). For the air pathway, a revised screening methodology was developed based on refinement of previous E-Area PA screening approaches and consideration of the strategic plan recommendations. The revised methodology has three sequential screening steps for each radioisotope: (1) volatility test using the Periodic Table of the Elements, (2) stability test based on half-life, and (3) stability test based on volatility as measured by the Henry’s Law constant for the assumed dominant gaseous species or vapor pressure in the case of tritiated water. Of the 1252 radioisotopes listed in the International Commission on Radiological Protection Publication 107, only the 10 that satisfied all three steps of the revised screening methodology will be included in the ARM. They are: Ar-37, Ar-39, Ar-42, C-14, H-3, Hg-194, Hg-203, Kr-81, Kr-85, and Xe-127. For the radon pathway, a revised screening methodology was developed that also has three sequential steps: (1) identify all decay chains that terminate at Rn-222, (2) screen out parents that decay through U-238 because of its 4.5-billion-year primordial half-life, and (3) eliminate remaining parents whose half-life is shorter than one day. Of the 86 possible decay chains leading to Rn-222, six decay chains consist of 15 unique radioisotopes that will be incorporated into the ARM. The 15 radioisotopes are: U-238, Th-234, Pa-234m, Pu-238, U-234, Th-230, Ra-226, Cf-246, Cm-242, Am-242m, Am-242, Np-238, Np-234, Pa-230, and Rn-222.

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

    Science.gov (United States)

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

    2002-01-01

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

  4. 77 FR 25685 - Malcolm Baldrige National Quality Award Panel of Judges

    Science.gov (United States)

    2012-05-01

    ... members prominent in the fields of quality, innovation, and performance management and appointed by the..., Maryland 20899. FOR FURTHER INFORMATION CONTACT: Dr. Harry Hertz, Director, Baldrige Performance Excellence... Quality Award Panel of Judges AGENCY: National Institute of Standards and Technology, Department of...

  5. 76 FR 44577 - Malcolm Baldrige National Quality Award Panel of Judges

    Science.gov (United States)

    2011-07-26

    ... prominent in the fields of quality, innovation, and performance management and appointed by the Secretary of.... FOR FURTHER INFORMATION CONTACT: Dr. Harry Hertz, Director, Baldrige Performance Excellence Program... Quality Award Panel of Judges AGENCY: National Institute of Standards and Technology, Department of...

  6. Everything is permitted? People intuitively judge immorality as representative of atheists.

    Directory of Open Access Journals (Sweden)

    Will M Gervais

    Full Text Available Scientific research yields inconsistent and contradictory evidence relating religion to moral judgments and outcomes, yet most people on earth nonetheless view belief in God (or gods as central to morality, and many view atheists with suspicion and scorn. To evaluate intuitions regarding a causal link between religion and morality, this paper tested intuitive moral judgments of atheists and other groups. Across five experiments (N = 1,152, American participants intuitively judged a wide variety of immoral acts (e.g., serial murder, consensual incest, necrobestiality, cannibalism as representative of atheists, but not of eleven other religious, ethnic, and cultural groups. Even atheist participants judged immoral acts as more representative of atheists than of other groups. These findings demonstrate a prevalent intuition that belief in God serves a necessary function in inhibiting immoral conduct, and may help explain persistent negative perceptions of atheists.

  7. Bias on the Bench: Sex, Judges, and Mock Trial Simulations

    Science.gov (United States)

    Noblitt, Lynnette S.; Zeigler, Sara L.; Westbrook, Miranda N.

    2011-01-01

    Given substantial evidence of sex discrimination in the legal profession and the role of attorneys and judges in perpetuating gender stereotypes, educators have an obligation to prepare female students for the challenges they will face, educate students of both sexes about the role of bias in litigation, and seek to mitigate the influence of…

  8. Decree-Law No. 426/88, 18 November 1988.

    Science.gov (United States)

    1988-01-01

    A 1988 Decree-Law of Portugal facilitates preventative and remedial actions with respect to discrimination against women in the civil service. Under the Decree-Law, discriminatory admission and promotion practices are forbidden in all levels of the central administration, independent agencies, the social security administration, and regional administrations. Practices forbidden include those having an unintended discriminatory impact and all job-related differentiation based on sex, directly or indirectly, as in cases where reference is made to a woman's marital or family status. The Decree-Law guarantees equality of remuneration for male and female workers for equal work or work of equal value and prohibits restrictions based on sex in entrance examinations and job advertising. Practices not considered discriminatory include those designed to correct the imbalance between male and female employees and those undertaken to protect maternity. Moreover, work may be restricted that poses risks or the potential of risk to genetic functions and jobs may be conditioned on sex if sex is essential to the performance of the job. Major procedural provisions are as follows: 1) the burden of proving that a decision affecting the position of a female civil servant is justified and does not violate the law is placed on the public authority accused of practicing discrimination; 2) workers have the right to challenge any act of alleged discrimination and may be represented by the pertinent body of collective representation in any proceeding arising under the Decree-Law; 3) no worker may be punished or otherwise penalized for alleging discrimination; 4) directors or workers whose actions have been judged as discriminatory are subject to disciplinary proceedings; and 5) any administrative authority conducting an inquiry regarding alleged discrimination or adopting disciplinary measures in connection with unfounded allegations of the practice of discrimination must obtain from the

  9. PHYSICAL EDUCATION AND SCHOOL LDB1: taking responsibility on law enforcement 10.639/03 and 11.645/08.

    Directory of Open Access Journals (Sweden)

    A. César Lins Rodrigues

    2010-06-01

    Full Text Available This article backwards in its target the quarrel on the paper of the Pertaining to school Physical Education in the application of laws 10.639/03 and 11.645/08. Questionings on the “reasons” of the direction of a supposed obligation to the areas of Artistic Education and Brazilian Literature and History in detriment of the area of the Physical Education cover all the extension of the text, looking for, by means of forceful arguments, to search a reflection deeper regarding what, for however, it is judged to be a gap left for the law. Aspects as the relations ethnic-racial, construction of what it is personal in girls and boys not-whites, breach of the hegemonic speeches, politics of whiten in the periods daily pay and after-abolitionist and multicultural resume, all in the pertaining to school scope also are submitted, by means of developed provocative reflections throughout the writings. Key-words: Laws 10.639/03 and 11.645/08; School Physical Education; Relations Ethnic-Racial; Multicultural Curriculum.

  10. PASS: a component of Desk Top PA for the WIPP

    International Nuclear Information System (INIS)

    Crawford, M.B.; Wilmot, R.D.; Galson, D.A.; Swift, P.N.; Fewell, M.E.

    1998-01-01

    There is a growing recognition internationally of the need to demonstrate comprehensiveness in order to build confidence in performance assessments (PAs) for radioactive waste disposal projects. This has resulted in a number of methodologies being developed to formalize the process of defining and documenting the decision basis that underlies a PA. Such methodologies include process influence diagrams and the rock engineering system (RES) matrix. However, these methodologies focus mainly on the conceptualization of the disposal system and do not provide a ready framework to document the decisions behind the model development and parameterization of the PA system. The Performance Assessment Support System (PASS) is a flexible electronic tool designed to increase the transparency and traceability of decision making in the entire PA process. An application of PASS has been developed for the Waste Isolation Pilot Plant (WIPP) where it forms an important component of Desk Top PA, a PC-based PA computational environment under development at Sandia National Laboratories to document, plan, and support management decisions and to assess performance for the WIPP recertification process. This desk-top PA environment is also aimed at providing scientifically-based decision support for assessing the performance of nuclear and hazardous waste management and environmental clean-up systems

  11. Synergy of combined tPA-edaravone therapy in experimental thrombotic stroke.

    Science.gov (United States)

    Sun, Yu-Yo; Morozov, Yury M; Yang, Dianer; Li, Yikun; Dunn, R Scott; Rakic, Pasko; Chan, Pak H; Abe, Koji; Lindquist, Diana M; Kuan, Chia-Yi

    2014-01-01

    Edaravone, a potent antioxidant, may improve thrombolytic therapy because it benefits ischemic stroke patients on its own and mitigates adverse effects of tissue plasminogen activator (tPA) in preclinical models. However, whether the combined tPA-edaravone therapy is more effective in reducing infarct size than singular treatment is uncertain. Here we investigated this issue using a transient hypoxia-ischemia (tHI)-induced thrombotic stroke model, in which adult C57BL/6 mice were subjected to reversible ligation of the unilateral common carotid artery plus inhalation of 7.5% oxygen for 30 min. While unilateral occlusion of the common carotid artery suppressed cerebral blood flow transiently, the addition of hypoxia triggered reperfusion deficits, endogenous thrombosis, and attenuated tPA activity, leading up to infarction. We compared the outcomes of vehicle-controls, edaravone treatment, tPA treatment at 0.5, 1, or 4 h post-tHI, and combined tPA-edaravone therapies with mortality rate and infarct size as the primary end-points. The best treatment was further compared with vehicle-controls in behavioral, biochemical, and diffusion tensor imaging (DTI) analyses. We found that application of tPA at 0.5 or 1 h--but not at 4 h post-tHI--significantly decreased infarct size and showed synergistic (pedaravone treatment, respectively. The acute tPA-edaravone treatment conferred >50% reduction of mortality, ∼ 80% decline in infarct size, and strong white-matter protection. It also improved vascular reperfusion and decreased oxidative stress, inflammatory cytokines, and matrix metalloproteinase activities. In conclusion, edaravone synergizes with acute tPA treatment in experimental thrombotic stroke, suggesting that clinical application of the combined tPA-edaravone therapy merits investigation.

  12. REKONSTRUKSI POLA PIKIR HAKIM DALAM MEMUTUSKAN PERKARA KORUPSI BERBASIS HUKUM PROGRESIF

    Directory of Open Access Journals (Sweden)

    M Syamsudin

    2011-01-01

    Full Text Available This study aims to reveal and then reconstruct the mindset of judges in deciding corruption cases based Progressive Law. Academic question posed is whether the condition of existing as the mindset of judges in deciding cases of corruption and how to build a new construction mindset of judges based on the principles of Progressive Law. This research is classified in the tradition of non-doctrinal legal research with sosiolegal approach. Data collected by interview, observation and document study and then analyzed following the interactive model of Mattew B. Miles and A. Michael Haberman. The results of study indicate the need for new construction mindset of judges based progressive law. This is based on the empirical reality that the judge handling the case of corruption by many experienced deterioration and failure to bring the law in a fair, useful and protect the interests of society. The mindset of the judge who figured positivistic needs to be reorganized under the new progressive mindset in deciding the various legal problems that emerged recently that the more complex and complicated, especially in deciding the case of corruption. Judges at all levels of education and environmental justice needs to be improved for the judge able to resolve various legal issues properly, fairly and wisely.

  13. REKONSTRUKSI POLA PIKIR HAKIM DALAM MEMUTUSKAN PERKARA KORUPSI BERBASIS HUKUM PROGRESIF

    Directory of Open Access Journals (Sweden)

    M Syamsudin

    2011-02-01

    Full Text Available This study aims to reveal and then reconstruct the mindset of judges in deciding corruption cases based Progressive Law. Academic question posed is whether the condition of existing as the mindset of judges in deciding cases of corruption and how to build a new construction mindset of judges based on the principles of Progressive Law. This research is classified in the tradition of non-doctrinal legal research with sosiolegal approach. Data collected by interview, observation and document study and then analyzed following the interactive model of Mattew B. Miles and A. Michael Haberman. The results of study indicate the need for new construction mindset of judges based progressive law. This is based on the empirical reality that the judge handling the case of corruption by many experienced deterioration and failure to bring the law in a fair, useful and protect the interests of society. The mindset of the judge who figured positivistic needs to be reorganized under the new progressive mindset in deciding the various legal problems that emerged recently that the more complex and complicated, especially in deciding the case of corruption. Judges at all levels of education and environmental justice needs to be improved for the judge able to resolve various legal issues properly, fairly and wisely.

  14. Crystal structure of the flavoenzyme PA4991 from Pseudomonas aeruginosa

    Energy Technology Data Exchange (ETDEWEB)

    Jacewicz, Agata; Schnell, Robert; Lindqvist, Ylva; Schneider, Gunter, E-mail: gunter.schneider@ki.se [Karolinska Institutet, S-171 77 Stockholm (Sweden)

    2016-01-22

    PA4991 is a FAD-dependent oxidoreductase from the pathogen P. aeruginosa that is essential for virulence and survival in the infected host. The structure of this enzyme, determined to 2.4 Å resolution, reveals that PA4991 belongs to the GR{sub 2} family of flavoenzymes. The locus PA4991 in Pseudomonas aeruginosa encodes an open reading frame that has been identified as essential for the virulence and/or survival of this pathogenic organism in the infected host. Here, it is shown that this gene encodes a monomeric FAD-binding protein of molecular mass 42.2 kDa. The structure of PA4991 was determined by a combination of molecular replacement using a search model generated with Rosetta and phase improvement by a low-occupancy heavy-metal derivative. PA4991 belongs to the GR{sub 2} family of FAD-dependent oxidoreductases, comprising an FAD-binding domain typical of the glutathione reductase family and a second domain dominated by an eight-stranded mixed β-sheet. Most of the protein–FAD interactions are via the FAD-binding domain, but the isoalloxazine ring is located at the domain interface and interacts with residues from both domains. A comparison with the structurally related glycine oxidase and glycerol-3-phosphate dehydrogenase shows that in spite of very low amino-acid sequence identity (<18%) several active-site residues involved in substrate binding in these enzymes are conserved in PA4991. However, enzymatic assays show that PA4991 does not display amino-acid oxidase or glycerol-3-phosphate dehydrogenase activities, suggesting that it requires different substrates for activity.

  15. Crystal structure of the flavoenzyme PA4991 from Pseudomonas aeruginosa

    International Nuclear Information System (INIS)

    Jacewicz, Agata; Schnell, Robert; Lindqvist, Ylva; Schneider, Gunter

    2016-01-01

    PA4991 is a FAD-dependent oxidoreductase from the pathogen P. aeruginosa that is essential for virulence and survival in the infected host. The structure of this enzyme, determined to 2.4 Å resolution, reveals that PA4991 belongs to the GR 2 family of flavoenzymes. The locus PA4991 in Pseudomonas aeruginosa encodes an open reading frame that has been identified as essential for the virulence and/or survival of this pathogenic organism in the infected host. Here, it is shown that this gene encodes a monomeric FAD-binding protein of molecular mass 42.2 kDa. The structure of PA4991 was determined by a combination of molecular replacement using a search model generated with Rosetta and phase improvement by a low-occupancy heavy-metal derivative. PA4991 belongs to the GR 2 family of FAD-dependent oxidoreductases, comprising an FAD-binding domain typical of the glutathione reductase family and a second domain dominated by an eight-stranded mixed β-sheet. Most of the protein–FAD interactions are via the FAD-binding domain, but the isoalloxazine ring is located at the domain interface and interacts with residues from both domains. A comparison with the structurally related glycine oxidase and glycerol-3-phosphate dehydrogenase shows that in spite of very low amino-acid sequence identity (<18%) several active-site residues involved in substrate binding in these enzymes are conserved in PA4991. However, enzymatic assays show that PA4991 does not display amino-acid oxidase or glycerol-3-phosphate dehydrogenase activities, suggesting that it requires different substrates for activity

  16. Method of judging leak sources in a reactor container

    International Nuclear Information System (INIS)

    Maeda, Katsuji.

    1984-01-01

    Purpose: To enable exact judgement for leak sources upon leak accident in a reactor container of BWR type power plants as to whether the sources are present in the steam system or coolant system. Method: If leak is resulted from the main steam system, the hydrogen density in the reactor container is about 170 times as high as the same amount of leak from the reactor water. Accordingly, it can be judged whether the leak source is present in the steam system or reactor water system based on the change in the indication of hydrogen densitometer within the reactor container, and the indication from the drain amount from the sump in the container or the indication of a drain flow meter in the container dehumidifier. Further, I-131, Na-24 and the like as the radioactive nucleides in sump water of the container are measured to determine the density ratio R = (I-131)/(Na-24), and it is judged that the leak is resulted in nuclear water if the density ratio R is equal to that of reactor water and that the leak is resulted from the main steam or like other steam system if the density ratio R is higher than by about 100 times than that of reactor water. (Horiuchi, T.)

  17. PRINCIPLE OF PROPORTIONALITY, CRITERION OF LEGITIMACY IN THE PUBLIC LAW

    Directory of Open Access Journals (Sweden)

    MARIUS ANDREESCU

    2011-04-01

    Full Text Available A problem of essence of the state is the one to delimit the discretionary power, respectively the power abuse in the activity of the state’s institutions. The legal behavior of the state’s institutions consists in their right to appreciate them and the power excess generates the violation of a subjective right or of the right that is of legitimate interest to the citizen. The application and nonobservance of the principle of lawfulness in the activities of the state is a complex problem because the exercise of the state’s functions assumes the discretionary powers with which the states authorities are invested, or otherwise said the ‘right of appreciation” of the authorities regarding the moment of adopting the contents of the measures proposed. The discretionary power cannot be opposed to the principle of lawfulness, as a dimension of the state de jure. In this study we propose to analyze the concept of discretionary power, respectively the power excess, having as a guidance the legislation, jurisprudence and doctrine in the matter. At the same time we would like to identify the most important criterions that will allow the user, regardless that he is or not an administrator, a public clerk or a judge, to delimit the legal behavior of the state’s institutions from the power excess. Within this context, we appreciate that the principle of proportionality represents such a criterion. The proportionality is a legal principle of the law, but at the same time it is a principle of the constitutional law and of other law branches. It expresses clearly the idea of balance, reasonability but also of adjusting the measures ordered by the state’s authorities to the situation in fact, respectively to the purpose for which they have been conceived. In our study we choose theoretical and jurisprudence arguments according to which the principle of proportionality can procedurally be determined and used to delimit the discretionary power and

  18. Closed form of optimal current waveform for class-F PA up to fourth ...

    Indian Academy of Sciences (India)

    PA and its dual, usually referred as inverse class-F PA, current and voltage ... voltage waveforms provides a number of advantages in the process of PA design ... RF PA design approaches with waveform theory and experimental waveform.

  19. The interpretation practice of The European Court of Justice while judging the conflict between labelling applied as trademark with elderly right of another person

    Directory of Open Access Journals (Sweden)

    Hana Kelblová

    2010-01-01

    Full Text Available The article deals with the verification of the starting hypothesis of complementariness of the law of consumer protection and the law of intellectual property. In order to achieve that goal the author analyzes individual the Czech Trade Marks Act from the standpoint of protection of rights and interests of consumers.The article follows the categorical requirement of a public law rule, the Consumer Protection Act, which prohibits deceiving consumers and establishes that deceiving may also consist in offering products and services unjustified designated by misleading trade mark.The consumer is deceived most frequently when trade marks are used for designation of products and their promotion. The Trade Marks Act may be analyzed in relation to consumer protection first from the standpoint of consumer protection against trade marks misleading someone about the origin and quality of products and services designated by them. Then it is possible to examine the question whether requirements of a designation for being registered as a trade mark are at the same time those attributes of the trade mark which meet the declared intention of the lawmaker, i.e. that the trade mark should be a source of information for the consumer about the origin and quality of the product de­sig­na­ted by it.Especially, the article deals with an interpretation of the conception „Likelihood of Confusion“ as the fundamental conception while judging the conflict with elderly trademarks applying for the re­gi­stra­tion into the list of The Patent Office.A perception of an average consumer is a fundamental factor for a judgement of „Likelihood of Confusion“ as results from the decision practice of The Czech Patent Office, Czech courts and The European Court of Justice. This is proof of the conclusion that rules of the Trademark Law are rules of the Consumer protection Law.

  20. 新智慧財產權法刑事審判實務之解析 Analysis of criminal cases regarding the new

    Directory of Open Access Journals (Sweden)

    鄧振球 Cheng-Chiou Teng

    2005-11-01

    Full Text Available IPR laws are supervised by the Ministry of Economic Affairs as part of the laws of economics. The Intellectual Property Office of the Ministry takes the responsibility to amend the laws when necessary but usually without the participation of judges. Even so the courts handle the criminal cases when people are accused of crime involving IPR infringement. Because judges lack information regarding the original intent of the legislation, judges have difficulties to find an exact application of the new laws. Furthermore, with the impact of the recent amendment of criminal procedure code judges not only have to adapt to new structures of the IPR rights but also to comply with the new procedure regulations to make sure that the bench has an exact way to question the parties, define the issues of law and facts, and choose the appropriate experts to help the court make a decision. Based on the recent amendments both of trademark law and copyright law and his trial experiences, this article written by an IPR court judge of the Taiwan High Court analyzes some issues from a practical perspective and from the legislature side and tries to give his own opinions in order to benefit the bench and lawyers when facing the problems of IPR criminal cases.

  1. Tissue Plasminogen Activator (tPA) Mediates Neurotoxin-Induced Cell Death and Microglial Activation

    National Research Council Canada - National Science Library

    Tsirka, Styliani-Anna

    2001-01-01

    .... In mice lacking tPA (tPA-/1), neurons are resistant to neurotoxic death. Delivery of tPA into tpA-/- mice restores susceptibility to neuronal death, indicating that tPA is neurotoxic in the context of excitotoxic injury...

  2. (Vapour + liquid) equilibria for binary and ternary mixtures of 2-propanol, tetrahydropyran, and 2,2,4-trimethylpentane at P = 101.3 kPa

    International Nuclear Information System (INIS)

    Lin, Dun-Yi; Tu, Chein-Hsiun

    2012-01-01

    Highlights: ► We report the VLE data at P = 101.3 kPa involving a cyclic ether. ► The activity coefficients of mixtures were obtained from modified Raoult’s law. ► The VLE data were correlated by four liquid activity coefficient models. ► The ternary VLE data were predicted from binary parameters of the four models. - Abstract: (Vapour + liquid) equilibrium (VLE) at P = 101.3 kPa have been determined for a ternary system (2-propanol + tetrahydropyran + 2,2,4-trimethylpentane) and its constituent binary systems (2-propanol + tetrahydropyran, 2-propanol + 2,2,4-trimethylpentane), and (tetrahydropyran + 2,2,4-trimethylpentane). Analysis of VLE data reveals that two binary systems (2-propanol + tetrahydropyran) and (2-propanol + 2,2,4-trimethylpentane) have a minimum boiling azeotrope. No azeotrope was found for the ternary system. The activity coefficients of liquid mixtures were obtained from the modified Raoult’s law and were used to calculate the reduced excess molar Gibbs free energy (g E /RT). Thermodynamic consistency tests were performed for all VLE data using the Van Ness direct test for the binary systems and the test of McDermott–Ellis as modified by Wisniak and Tamir for the ternary system. The VLE data of the binary mixtures were correlated using the three-suffix Margules, Wilson, NRTL, and UNIQUAC activity-coefficient models. The models with their best-fitted interaction parameters of the binary systems were used to predict the ternary (vapour + liquid) equilibrium.

  3. Constitutional judge and presidential reelection in Latin America

    Directory of Open Access Journals (Sweden)

    Ernesto Cárdenas

    2018-04-01

    Full Text Available Constitutional provisions regarding presidential re-election have been modified in several Latin American countries in recent years. In some countries, these changes put the existence of democracy at risk. This article uses the principal-agent approach to analyze the role of the constitutional judge in presidential re-election as an accountability mechanism. It finds that immediate reelection in democracies of strong presidentialism can be a perverse mechanism that sharpens the concentration of power and deteriorates the welfare of the citizens instead of making politicians accountable.

  4. 15 CFR 766.15 - Proceeding without a hearing.

    Science.gov (United States)

    2010-01-01

    ... will be decided on the record by the administrative law judge. Proceeding without a hearing does not... supplement other documentary evidence in the record. The administrative law judge will give each party...

  5. 15 CFR 280.216 - Proceeding without a hearing.

    Science.gov (United States)

    2010-01-01

    ... will be decided on the record by the administrative law judge. Proceeding without a hearing does not... supplement other documentary evidence in the record. The administrative law judge will give each party...

  6. Environmental law in Thuringia. Text collection with introduction. Pt. 1. Waste law, nuclear, radiation and energy law, soil protection law and land reparcelling, forestry law, fishing and hunting law

    International Nuclear Information System (INIS)

    Schneider, Matthias Werner

    2015-01-01

    The volume 1 of the collection on the Thuringian Environmental Law contains additional to a detailed introduction: - Waste management - Nuclear, radiation and energy law - Soil protection law and land reparcelling - Forestry, fishery and hunting law. [de

  7. PA positioning significantly reduces testicular dose during sacroiliac joint radiography

    Energy Technology Data Exchange (ETDEWEB)

    Mekis, Nejc [Faculty of Health Sciences, University of Ljubljana (Slovenia); Mc Entee, Mark F., E-mail: mark.mcentee@ucd.i [School of Medicine and Medical Science, University College Dublin 4 (Ireland); Stegnar, Peter [Jozef Stefan International Postgraduate School, Ljubljana (Slovenia)

    2010-11-15

    Radiation dose to the testes in the antero-posterior (AP) and postero-anterior (PA) projection of the sacroiliac joint (SIJ) was measured with and without a scrotal shield. Entrance surface dose, the dose received by the testicles and the dose area product (DAP) was used. DAP measurements revealed the dose received by the phantom in the PA position is 12.6% lower than the AP (p {<=} 0.009) with no statistically significant reduction in image quality (p {<=} 0.483). The dose received by the testes in the PA projection in SIJ imaging is 93.1% lower than the AP projection when not using protection (p {<=} 0.020) and 94.9% lower with protection (p {<=} 0.019). The dose received by the testicles was not changed by the use of a scrotal shield in the AP position (p {<=} 0.559); but was lowered by its use in the PA (p {<=} 0.058). Use of the PA projection in SIJ imaging significantly lowers, the dose received by the testes compared to the AP projection without significant loss of image quality.

  8. CiPA: Ongoing testing, future qualification procedures, and pending issues.

    Science.gov (United States)

    Cavero, Icilio; Holzgrefe, Henry

    2015-01-01

    The comprehensive in vitro proarrhythmia assay (CiPA) is a nonclinical, mechanism-based paradigm for assessing drug proarrhythmic liability. The first CiPA assay determines effects on cloned human cardiac ion channels. The second investigates whether the latter study-generated metrics engender proarrhythmic markers on a computationally reconstructed human ventricular action potential. The third evaluates conclusions from, and searches possibly missed effects by in silico analysis, in human stem cell-derived cardiomyocytes (hSC-CMs). CiPA ad hoc Expert-Working Groups have proposed patch clamp protocols for seven cardiac ion channels, a modified O'Hara-Rudy model for in silico analysis, detailed procedures for field (MEA) and action potential (VSD) measurements in hSC-CMs, and 29 reference drugs for CiPA assay testing and validation. CiPA adoption as drug development tool for identifying electrophysiological mechanisms conferring proarrhythmic liability to candidate drugs is a complex, multi-functional task requiring significant time, reflection, and efforts to be fully achieved. Copyright © 2015 Elsevier Inc. All rights reserved.

  9. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....

  10. 37 CFR 354.2 - Novel questions.

    Science.gov (United States)

    2010-07-01

    ... of law, referral to the Register of Copyrights by the Copyright Royalty Judges is mandatory. A “novel... discretionary referral of material questions of copyright law to the Register of Copyrights by the Copyright... Copyrights in resolving material questions of substantive law is binding upon the Copyright Royalty Judges...

  11. Concomitant lack of MMP9 and uPA disturbs physiological tissue remodeling

    DEFF Research Database (Denmark)

    Lund, Ida K; Nielsen, Boye S; Almholt, Kasper

    2011-01-01

    Urokinase-type plasminogen activator (uPA) and matrix metalloproteinase-9 (MMP9, gelatinase B) have separately been recognized to play important roles in various tissue remodeling processes. In this study, we demonstrate that deficiency for MMP9 in combination with ablation of either uPA- or tiss......PAR, when MMP9 is absent. Notably, compensatory upregulation of uPA activity was seen in wounds from MMP9-deficient mice. Taken together, these studies reveal essential functional dependency between MMP9 and uPA during gestation and tissue repair.......Urokinase-type plasminogen activator (uPA) and matrix metalloproteinase-9 (MMP9, gelatinase B) have separately been recognized to play important roles in various tissue remodeling processes. In this study, we demonstrate that deficiency for MMP9 in combination with ablation of either uPA- or tissue...

  12. 32 CFR 701.113 - PA exemptions.

    Science.gov (United States)

    2010-07-01

    ... defense or foreign policy. Note: All DOD systems of records that contain classified information... source would be held in confidence. (f) Detailed analysis of PA exemptions. A detailed analysis of each...

  13. Morphological studies on block copolymer modified PA 6 blends

    Energy Technology Data Exchange (ETDEWEB)

    Poindl, M., E-mail: marcus.poindl@ikt.uni-stuttgart.de, E-mail: christian.bonten@ikt.uni-stuttgart.de; Bonten, C., E-mail: marcus.poindl@ikt.uni-stuttgart.de, E-mail: christian.bonten@ikt.uni-stuttgart.de [Institut für Kunststofftechnik, University of Stuttgart (Germany)

    2014-05-15

    Recent studies show that compounding polyamide 6 (PA 6) with a PA 6 polyether block copolymers made by reaction injection molding (RIM) or continuous anionic polymerization in a reactive extrusion process (REX) result in blends with high impact strength and high stiffness compared to conventional rubber blends. In this paper, different high impact PA 6 blends were prepared using a twin screw extruder. The different impact modifiers were an ethylene propylene copolymer, a PA PA 6 polyether block copolymer made by reaction injection molding and one made by reactive extrusion. To ensure good particle matrix bonding, the ethylene propylene copolymer was grafted with maleic anhydride (EPR-g-MA). Due to the molecular structure of the two block copolymers, a coupling agent was not necessary. The block copolymers are semi-crystalline and partially cross-linked in contrast to commonly used amorphous rubbers which are usually uncured. The combination of different analysis methods like atomic force microscopy (AFM), transmission electron microscopy (TEM) and scanning electron microscopy (SEM) gave a detailed view in the structure of the blends. Due to the partial cross-linking, the particles of the block copolymers in the blends are not spherical like the ones of ethylene propylene copolymer. The differences in molecular structure, miscibility and grafting of the impact modifiers result in different mechanical properties and different blend morphologies.

  14. HERMENEUTIKA HUKUM SEBAGAI ALTERNATIF METODE PENEMUAN HUKUM BAGI HAKIM UNTUK MENUNJANG KEADILAN GENDER

    Directory of Open Access Journals (Sweden)

    Alef Musyahadah Rahmah

    2013-02-01

    Full Text Available Hermeneutic law approach can be an effort to make comprehensive interpretation of law, so the contruction of law doesn’t trap to the texts interpretation only. It is going on leaning by the judge in order to judged the case related with victim women that less giving the justice. Hermeneutic law approach consider relevancy between text, context and contextualization is in line with feminist method in understanding and revealing the truth, that is “women’s experience”. The judge will doing uncommon interpretation like applied feminist practical reasoning by doing discussing and listening the unknown in women’s experience.

  15. The Unified Patent Court (UPC) in Action - How Will the Design of the UPC Affect Patent Law?

    DEFF Research Database (Denmark)

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

    2014-01-01

    . The article points out that the UPC because of this design will be biased towards technology based values and uniformity at the expense of other values and interests e.g. non-economic public interests, and values associated with diversity. The practical effects of these biases are analysed regarding cases......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. Examining the Abrasion Behaviour of PA 66 Gears in Different Cycles

    Directory of Open Access Journals (Sweden)

    Rifat Yakut

    2014-01-01

    Full Text Available Gears made of plastic-based materials are anticorrosive, resistant to magnetic environments, and light and have pulse decay, low noise, and self-lubrication properties, and therefore their usage areas are widening every single day. In this experiment, the working conditions of 30% fibreglass PA 66 (PA 66 GFR 30 plastic material with PA 66 (PA 66 GFR 30 plastic material and AISI 8620 couple gear are observed. Usage of PA 66 GFR 30 material as gear material at 56.75 Nm constant load and 750 rpm, 1000 rpm, and 1500 rpm was analysed. The load capacity damage formation of the material was also analysed. The tooth surface temperature, corrosion depth of the tooth profile, tooth damage, and the tooth surface were examined with an scanning electron microscopy (SEM and the corrosive behaviour of gears was analysed.

  17. Investigation of the mechanical properties of GNP/MWCNT reinforced PA66 hybrid nanocomposites

    DEFF Research Database (Denmark)

    Doagou Rad, Saeed; Islam, Aminul; Søndergaard Jensen, Jacob

    nanocomposites reinforced with two prominent nanofillers namely Multi Walled Carbon Nanotubes (MWCNT) and Graphene NanoPlatelets (GNP) manufactured through industrially viable methods. Three main groups of Polyamide (PA 66) based nano- and hybrid composite specimens namely PA 66/MWCNT, PA 66/GNP, and PA 66/MWCNT...

  18. Inhibition of autophagy enhances the cytotoxic effect of PA-MSHA in breast cancer

    International Nuclear Information System (INIS)

    Xu, Wen-Huan; Liu, Zhe-Bin; Hou, Yi-Feng; Hong, Qi; Hu, Da-Li; Shao, Zhi-Ming

    2014-01-01

    PA-MSHA, a genetically engineered Pseudomonas aeruginosa (PA) strain, is currently under investigation as a new anti-cancer drug. It can induce cell cycle arrest and apoptosis in different human cancer cells, including hormone receptor negative breast cancer cells. However, the underlying mechanism of tumor lethality mediated by PA-MSHA remains to be fully investigated. The effect of PA-MSHA on human hormone receptor negative breast cancer cells was analyzed by morphological measurement, western blot, cell proliferation assay and mouse xenograft model. PA-MSHA was found to induce endoplasmic reticulum (ER) stress in breast cancer cell lines through the IRE1 signaling pathway. Inhibiting autophagy potentiated the cytotoxic effect of PA-MSHA while treating breast cancer cell lines. In mouse xenograft model, PA-MSHA produced more pronounced tumor suppression in mice inoculated with IRE1 gene knockdown. MDA-MB-231HM cells. These findings demonstrated inhibiting autophagy together with PA-MSHA might be a promising therapeutic strategy in treating hormone receptor negative breast cancer cells

  19. 20 CFR 655.1035 - Administrative law judge proceedings.

    Science.gov (United States)

    2010-04-01

    ... TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES Enforcement of the Attestation Process for...) Amicus curiae participation or intervention by interested parties may be permitted by the administrative...

  20. 20 CFR 655.435 - Administrative law judge proceedings.

    Science.gov (United States)

    2010-04-01

    ... EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES Enforcement of H-1A Attestations § 655.435 Administrative... shall notify all interested parties of the date, time and place of the hearing. All parties shall be...

  1. You Be the Judge: When Competitions Employ an Engineering Design Rubric

    Science.gov (United States)

    Goldberg, Gail Lynn

    2017-01-01

    This article examines the use of an engineering design rubric by judges for three different student competitions--one regional, one national, and one global--to evaluate portfolios posted on the Innovation Portal, a free online resource available to students, teachers, and others engaged in STEM education across instructional levels. Judges…

  2. Getting beyond "Gut Feeling": Understanding How Mentors Judge Readiness to Teach

    Science.gov (United States)

    Ell, Fiona; Haigh, Mavis

    2015-01-01

    Assessing whether or not a teacher candidate is ready to take their own class is a high-stakes decision that requires consideration of multiple, often competing, sources of information. Three research instruments were designed to explore how mentors judge readiness to teach during final practicum placements. This article describes the three…

  3. 13 CFR 134.709 - When will a Judge dismiss an appeal?

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false When will a Judge dismiss an appeal? 134.709 Section 134.709 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS Rules of Practice for Appeals From Women...

  4. International Investment Law and EU Law

    DEFF Research Database (Denmark)

    regional economic integration agreements, International Competition Law, International Investment Regulation, International Monetary Law, International Intellectual Property Protection and International Tax Law. In addition to the regular annual volumes, EYIEL Special Issues routinely address specific...... current topics in International Economic Law. The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence...... for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude...

  5. Synergy of combined tPA-edaravone therapy in experimental thrombotic stroke.

    Directory of Open Access Journals (Sweden)

    Yu-Yo Sun

    Full Text Available Edaravone, a potent antioxidant, may improve thrombolytic therapy because it benefits ischemic stroke patients on its own and mitigates adverse effects of tissue plasminogen activator (tPA in preclinical models. However, whether the combined tPA-edaravone therapy is more effective in reducing infarct size than singular treatment is uncertain. Here we investigated this issue using a transient hypoxia-ischemia (tHI-induced thrombotic stroke model, in which adult C57BL/6 mice were subjected to reversible ligation of the unilateral common carotid artery plus inhalation of 7.5% oxygen for 30 min. While unilateral occlusion of the common carotid artery suppressed cerebral blood flow transiently, the addition of hypoxia triggered reperfusion deficits, endogenous thrombosis, and attenuated tPA activity, leading up to infarction. We compared the outcomes of vehicle-controls, edaravone treatment, tPA treatment at 0.5, 1, or 4 h post-tHI, and combined tPA-edaravone therapies with mortality rate and infarct size as the primary end-points. The best treatment was further compared with vehicle-controls in behavioral, biochemical, and diffusion tensor imaging (DTI analyses. We found that application of tPA at 0.5 or 1 h--but not at 4 h post-tHI--significantly decreased infarct size and showed synergistic (p50% reduction of mortality, ∼ 80% decline in infarct size, and strong white-matter protection. It also improved vascular reperfusion and decreased oxidative stress, inflammatory cytokines, and matrix metalloproteinase activities. In conclusion, edaravone synergizes with acute tPA treatment in experimental thrombotic stroke, suggesting that clinical application of the combined tPA-edaravone therapy merits investigation.

  6. The Pedagogical Performance Of The Judge In The Search For A Fair Trial And An Adequate Provision: Judicial Role

    Directory of Open Access Journals (Sweden)

    Elaine Harzheim Macedo

    2017-02-01

    Full Text Available This work analyzes the possibility of pedagogical performance of the judge in the search for a fair trial and adequate process. Using deductive methodology, starts with the duties and powers of the judge to assess the possibility of inducing practices based on the good faith by applying bad faith litigation and determination of initial amendment. The judge can be an agent that helps in the implementation of fair trial and adequate provision and should not remain inert in relation to clear violations of fundamental procedural rights. This activity should not generalise situations, being based on the analysis of specific cases.

  7. Pseudomonas aeruginosa PA14 pathogenesis in Caenorhabditis elegans.

    Science.gov (United States)

    Kirienko, Natalia V; Cezairliyan, Brent O; Ausubel, Frederick M; Powell, Jennifer R

    2014-01-01

    The nematode Caenorhabditis elegans is a simple model host for studying the interaction between bacterial pathogens such as Pseudomonas aeruginosa and the metazoan innate immune system. Powerful genetic and molecular tools in both C. elegans and P. aeruginosa facilitate the identification and analysis of bacterial virulence factors as well as host defense factors. Here we describe three different assays that use the C. elegans-P. aeruginosa strain PA14 host-pathogen system. Fast Killing is a toxin-mediated death that depends on a diffusible toxin produced by PA14 but not on live bacteria. Slow Killing is due to an active infection in which bacteria colonize the C. elegans intestinal lumen. Liquid Killing is designed for high-throughput screening of chemical libraries for anti-infective compounds. Each assay has unique features and, interestingly, the PA14 virulence factors involved in killing are different in each assay.

  8. Imagen país de Colombia desde la perspectiva estadounidense

    Directory of Open Access Journals (Sweden)

    Lina María Echeverri

    2014-01-01

    Full Text Available La reputación de los países está vinculada a la percepción que tengan los visitantes sobre un destino específico, se construye sobre sus experiencias y da como resultado el concepto de imagen de un país. Autores como Anholt, Dinnie y Kotler han logrado evaluar y analizar la importancia que está cobrando el contenido sobre imagen país en el diseño de estrategias de reputación territorial. En el caso de Colombia, el país tiene un posicionamiento polarizado, se asocia con narcotráfico y con café. El presente artículo expone los resultados de una investigación empírica aplicada en Estados Unidos, sobre las impresiones del país que tienen aquellos que han visitado y no han visitado a Colombia. La hipótesis planteada es que Colombia mantiene un posicionamiento histórico negativo, asociado al narcotráfico. Se eligió como ámbito geográfico a Estados Unidos, por ser el emisor más grande de viajeros hacia Colombia.

  9. PA positioning significantly reduces testicular dose during sacroiliac joint radiography

    International Nuclear Information System (INIS)

    Mekis, Nejc; Mc Entee, Mark F.; Stegnar, Peter

    2010-01-01

    Radiation dose to the testes in the antero-posterior (AP) and postero-anterior (PA) projection of the sacroiliac joint (SIJ) was measured with and without a scrotal shield. Entrance surface dose, the dose received by the testicles and the dose area product (DAP) was used. DAP measurements revealed the dose received by the phantom in the PA position is 12.6% lower than the AP (p ≤ 0.009) with no statistically significant reduction in image quality (p ≤ 0.483). The dose received by the testes in the PA projection in SIJ imaging is 93.1% lower than the AP projection when not using protection (p ≤ 0.020) and 94.9% lower with protection (p ≤ 0.019). The dose received by the testicles was not changed by the use of a scrotal shield in the AP position (p ≤ 0.559); but was lowered by its use in the PA (p ≤ 0.058). Use of the PA projection in SIJ imaging significantly lowers, the dose received by the testes compared to the AP projection without significant loss of image quality.

  10. 7 CFR 900.55 - Judges.

    Science.gov (United States)

    2010-01-01

    ... deems himself to be disqualified. Upon the filing by an interested person in good faith of a timely and... of books, records, contracts, papers, and other documentary evidence; (5) Examine witnesses and... depositions; (7) Admit or exclude evidence; (8) Hear oral argument on facts or law; (9) Consolidate hearings...

  11. Environmental law

    International Nuclear Information System (INIS)

    Bender, B.; Sparwasser, R.

    1988-01-01

    Environmental law is discussed exhaustively in this book. Legal and scientific fundamentals are taken into account, a systematic orientation is given, and hints for further information are presented. The book covers general environmental law, plan approval procedures, protection against nuisances, atomic law and radiation protection law, water protection law, waste management law, laws on chemical substances, conservation law. (HSCH) [de

  12. tPA variant tPA-A296-299 Prevents impairment of cerebral autoregulation and necrosis of hippocampal neurons after stroke by inhibiting upregulation of ET-1.

    Science.gov (United States)

    Armstead, William M; Hekierski, Hugh; Yarovoi, Serge; Higazi, Abd Al-Roof; Cines, Douglas B

    2018-01-01

    Tissue-type plasminogen activator (tPA) is neurotoxic and exacerbates uncoupling of cerebral blood flow (CBF) and metabolism after stroke, yet it remains the sole FDA-approved drug for treatment of ischemic stroke. Upregulation of c-Jun-terminal kinase (JNK) after stroke contributes to tPA-mediated impairment of autoregulation, but the role of endothelin-1 (ET-1) is unknown. Based on the Glasgow Coma Scale, impaired autoregulation is linked to adverse outcomes after TBI, but correlation with hippocampal histopathology after stroke has not been established. We propose that given after stroke, tPA activates N-Methyl-D-Aspartate receptors (NMDA-Rs) and upregulates ET-1 in a JNK dependent manner, imparing autoregulation and leading to histopathology. After stroke, CBF was reduced in the hippocampus and reduced further during hypotension, which did not occur in hypotensive sham pigs, indicating impairment of autoregulation. Autoregulation and necrosis of hippocampal CA1 and CA3 neurons were further impaired by tPA, but were preserved by the ET-1 antagonist BQ 123 and tPA-A, 296-299 a variant that is fibrinolytic but does not bind to NMDA-Rs. Expression of ET-1 was increased by stroke and potentiated by tPA but returned to sham levels by tPA-A 296-299 and the JNK antagonist SP600125. Results show that JNK releases ET-1 after stroke. Tissue-type plasminogen activator -A 296-299 prevents impairment of cerebral autoregulation and histopathology after stroke by inhibiting upregulation of ET-1. © 2017 Wiley Periodicals, Inc.

  13. Are Clinicians Better Than Lay Judges at Recalling Case Details? An Evaluation of Expert Memory.

    Science.gov (United States)

    Webb, Christopher A; Keeley, Jared W; Eakin, Deborah K

    2016-04-01

    This study examined the role of expertise in clinicians' memory for case details. Clinicians' diagnostic formulations may afford mechanisms for retaining and retrieving information. Experts (N = 41; 47.6% males, 23.8% females; 28.6% did not report gender; age: mean [M] = 54.69) were members of the American Board of Professional Psychologists. Lay judges (N = 156; 25.4% males, 74.1% females; age: M = 18.85) were undergraduates enrolled in general psychology. Three vignettes were presented to each group, creating a 2 (group: expert, lay judge) x 3 (vignettes: simple, complex-coherent, complex-incoherent) mixed factorial design. Recall accuracy for vignette details was the dependent variable. Data analyses used multivariate analyses of variance to detect group differences among multiple continuous variables. Experts recalled more information than lay judges, overall. However, experts also exhibited more false memories for the complex-incoherent case because of their schema-based knowledge. This study supported clinical expertise as beneficial. Nonetheless, negative influences from experts' schema-based knowledge, as exhibited, could adversely affect clinical practices. © 2016 Wiley Periodicals, Inc.

  14. The story of an exceptional serine protease, tissue-type plasminogen activator (tPA).

    Science.gov (United States)

    Hébert, M; Lesept, F; Vivien, D; Macrez, R

    2016-03-01

    The only acute treatment of ischemic stroke approved by the health authorities is tissue recombinant plasminogen activator (tPA)-induced thrombolysis. Under physiological conditions, tPA, belonging to the serine protease family, is secreted by endothelial and brain cells (neurons, astrocytes, microglia, oligodendrocytes). Although revascularisation induced by tPA is beneficial during a stroke, research over the past 20 years shows that tPA can also be deleterious for the brain parenchyma. Thus, in this review of the literature, after a brief history on the discovery of tPA, we reviewed current knowledge of mechanisms by which tPA can influence brain function in physiological and pathological conditions. Copyright © 2015 Elsevier Masson SAS. All rights reserved.

  15. Functionalization and Melt-compounding of MWCNTs in PA-6 for Tribological Applications

    Science.gov (United States)

    Chopra, Swamini; Deshmukh, Kavita A.; Deshmukh, Abhay D.; Peshwe, D. R.

    2018-04-01

    The present study focuses on the fabrication and mechanical property evaluation of PA-6/MWCNT nanocomposites reinforced with microwave-functionalized MWCNTs. The MWCNTs were subjected to microwave radiation in the solution of H2SO4 and HNO3 for 3 minutes, with the aim of achieving better and faster functionalization. The change observed in the crystal structure of PA-6 matrix after CNT addition suggested improved nucleation due to well-dispersed MWCNTs after functionalization. The tensile strength of PA-6 increased by approx. 12 % and 15 % after addition of pristine and functionalized MWCNTs, respectively. This was credited to improved interaction between CNTs and PA-6 matrix. The dispersion quality of CNTs in PA-6 matrix was verified by FEG-SEM, while the fractography of composites revealed polymer sheathing of PA-6 matrix around CNTs. This again contributed in improving the elongation of the composites by approx. 10 %. The wear resistance of the composites also improved appreciably, irrespective of the applied load. The specific wear rate of PA-6/CNT nanocomposite reinforced with functionalized MWCNTs increased by approx. 60 to 70 %, while coefficient of friction reduced by approx. 30 to 40%.

  16. Overexpression of PaFT gene in the wild orchid Phalaenopsis amabilis (L.) Blume

    Science.gov (United States)

    Semiarti, Endang; Mercuriani, Ixora S.; Rizal, Rinaldi; Slamet, Agus; Utami, Bekti S.; Bestari, Ida A.; Aziz-Purwantoro, Moeljopawiro, S.; Jang, Soenghoe; Machida, Y.; Machida, C.

    2015-09-01

    To shorten vegetative stage and induce transition from vegetative to reproductive stage in orchids, we overexpressed Phalaenopsis amabilis Flowering LocusT (PaFT) gene under the control of Ubiquitin promoter into protocorm of Indonesian Wild Orchid Phalaenopsis amabilis (L.) Blume. The dynamic expression of vegetative gene Phalaenopsis Homeobox1 (POH1) and flowering time gene PaFT has been analyzed. Accumulation of mRNA was detected in shoot and leaves of both transgenic and non transgenic plants by using Reverse transcriptase-PCR (RT-PCR) with specific gene primers for POH1 and PaFT in 24 months old plants. To analyze the POH1 and PaFT genes, three pairs of degenerate primers PaFT degF1R1, F2R2 and F3R3 that amplified 531 bp PaFT cDNA were used. We detected 700 bp PaFTcDNA from leaves and shoots of transgenic plants, but not in NT plants. POH1 mRNA was detected in plants. PaFT protein consists of Phospatidyl Ethanolamine-Binding Protein (PEBP) in interval base 73-483 and CETS family protein at base 7-519, which are important motif for transmembrane protein. We inserted Ubipro::PaFT/pGAS101 into P. amabilis protocorm using Agrobacterium. Analysis of transgenic plants showed that PaFTmRNA was accumulated in leaves of 12 months after sowing, although it is not detected in non transgeic plants. Compare to the wild type (NT plants), ectopic expression of PaFT shows alter phenotype as follows: 31% normal, 19% with short-wavy leaves, 5% form rosette leaves and 45% produced multishoots. Analysis of protein profiles of trasgenic plants showed that a putative PaFT protein (MW 19,7 kDa) was produced in 1eaves and shoots.This means that at 12 months, POH1 gene expression gradually decreased/negatively regulated, the expression of PaFT gene was activated, although there is no flower initiation yet. Some environmental factors might play a role to induce inflorescens. This experiment is in progress.

  17. 78 FR 63168 - Judges Panel of the Malcolm Baldrige National Quality Award

    Science.gov (United States)

    2013-10-23

    ... INFORMATION CONTACT: Robert Fangmeyer, Acting Director, Baldrige Performance Excellence Program, National... Baldrige National Quality Award AGENCY: National Institute of Standards and Technology, Department of... Quality Award (Judges Panel) will meet in closed session Monday through Friday, November 4-8, 2013, 8:30 a...

  18. Implicit Bias in Judicial Decision Making How It Affects Judgment and What Judges Can Do About It

    OpenAIRE

    Wistrich, Andrew; Rachlinski, Jeffrey

    2017-01-01

    This Chapter reviews research indicating that judges, like most adults, rely too heavily on intuition while making important decisions. This tendency leaves them vulnerable to using overly simplistic cognitive strategies to decide cases, which creates predictable, systematic errors in judgment. It can also facilitate a reliance on implicit race and gender biases while deciding cases. Numerous strategies are available that would allow judges to stop and deliberate more carefully. This Chapter ...

  19. [The law of March 5, 2007 and the care of persons placed under guardianship].

    Science.gov (United States)

    Modot, Matthieu; Rougé-Maillart, Clotilde

    2018-04-01

    The care of persons placed under guardianship has changed considerably since the law of March 5, 2007, as greater autonomy is granted to them. By advocating greater autonomy of protected adults, the French Civil Code is in opposition with the French Public Health Code since the latter states that the systematic consent of the guardian is required in addition to that of the protected adult for so-called general care. In cases of serious injury to bodily integrity, the guardianship judge's opinion must be sought by the guardian. For some specific medical procedures (medically assisted procreation, abortion, etc.), the consent of the guardian does not seem necessary. A protected adult can now, if he/she is able to understand the information, with the agreement of the guardianship judge or the family council, appoint a trusted person and draft advance directives without possible representation by the guardian. The legislator promotes greater autonomy while not neglecting their protection. It also helps relieve the guardian, who is generally trained in asset management, of sometimes difficult medical decisions. Harmony between the Civil Code and the Public Health Code seems essential so as to move towards greater autonomy of the person under guardianship in the care relationship. Copyright © 2018 Elsevier Masson SAS. All rights reserved.

  20. 46 CFR 1.01-20 - Suspension and revocation proceedings.

    Science.gov (United States)

    2010-10-01

    ... issued. (c) The Commandant assigns to his staff a Chief Administrative Law Judge who is an Administrative Law Judge appointed under 5 U.S.C. 3105 and whose assignment is to: (1) Act as adviser and special...

  1. Smoke-free laws and direct democracy initiatives on smoking bans in Germany: a systematic review and quantitative assessment.

    Science.gov (United States)

    Kohler, Stefan; Minkner, Philipp

    2014-01-03

    Germany's 16 states regulate smoking differently within health protection principles laid down in the federal law. All state smoke-free laws in Germany have undergone at least one change since taking effect. We systematically review federal and state laws regulating smoking, as well as petitions, popular initiatives and referenda that aimed at changing statutory smoking bans. Data generated through the systematic review were correlated with state smoking rates. The protection from the dangers of secondhand smoke is the primary motive for smoking bans in Germany. The first smoke-free laws affecting smoking in pubs, restaurants and several other public places were introduced in 2007. In 2008, the Federal Constitutional Court of Germany ruled in a leading decision on the smoke-free laws of two states that some common smoking ban exemptions of the introduced smoke-free laws violate the basic right to freely exercise a profession and mandated revisions. All states but Bavaria and Saarland, whose smoking bans were more and less comprehensive than those judged by the constitutional court, respectively, needed to change the smoking ban exemptions to reconcile their smoke-free laws with the constitution. Direct democracy initiatives to change smoking bans were only successful in Bavaria in 2010, but a total of 15 initiatives by citizens' or interest groups attempted to influence non-smokers protection legislation through direct democratic procedures. Early ratification of a smoking ban in a federal state correlates with a higher reduction in the smoking rate from 2005 to 2009 (Spearman's ρ = 0.51, p = 0.04). The federal government structure and direct democratic participation in smoke-free legislation in Germany has produced a diversity of local smoking bans and exemptions.

  2. Environmental law

    International Nuclear Information System (INIS)

    Ketteler, G.; Kippels, K.

    1988-01-01

    In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de

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

    Directory of Open Access Journals (Sweden)

    Sunarto Sunarto

    2016-07-01

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

  4. Use of spiral CT angiography to judge central pulmonary vascular involvement from lung cancer

    International Nuclear Information System (INIS)

    Tan Qunyou; Zhao Shaohong; Wang Fangze; Cai Zulong

    2000-01-01

    Objective: To evaluate the accuracy of spiral CT angiography (SCTA) in judging central pulmonary vascular involvement from lung cancer located in the hilum and correlate the resultant images with pathologic and surgical findings. Methods: SCTA was done in 33 patients who were preoperatively diagnosed as having lung carcinoma located in the hilum. Contrast medium was injected at a rate of 3 ml/sec with a power injector. The delay time was from 20 to 25 seconds. The pitch was 1 with 3 mm-collimation. Images of central pulmonary arteries and veins were reconstructed with shaded surface display (SSD), maximum intensity projection (MIP), curved planar reformation (CPR), and multi-planar reformation (MPR). Then the relation between tumor and vessels was assessed prospectively on both 3 mm interval axial CT and SCTA images with comparison to subsequent pathologic or surgical findings. Results: (1) In showing the integrity of central pulmonary arteries and veins, images reconstructed by different ways of SCTA had different strong and weak points. (2) The grading standard in this study, with which the relation between vessels and tumor was judged, reflected the basic and common characters of central pulmonary vascular involvement by tumor located in the hilum. compared with axial CT images, SCTA was more accurate in judging the relation between central pulmonary vessels and tumor, and the correlation of SCTA imaging features with pathological patterns and surgical findings was better than that of axial CT images, P < 0.05 and P < 0.0001, respectively. Conclusion: It was feasible to show the relation between central pulmonary vessel and lung cancer located in the hilum with SCTA. And the accuracy of judging the vascular involvement with SCTA was higher than that with axial CT

  5. Can Independent Judges Recognize Different Psychotherapies? An Experience with Manual-Guided Therapies.

    Science.gov (United States)

    Luborsky, Lester; And Others

    1982-01-01

    Tested whether independent judges could recognize three different manual-guided psychotherapies, drug counseling, supportive-expressive psychotherapy, and cognitive-behavioral using a special rating form containing scales for the characteristic aspects of each type. Results indicated that manual-guided therapies can be reliably recognized.…

  6. Foul or dive? Motor contributions to judging ambiguous foul situations in football

    NARCIS (Netherlands)

    Renden, P.G.; Kerstens, S.; Oudejans, R.R.D.; Canal Bruland, R.

    2014-01-01

    Football (soccer) referees frequently face situations in which they have to distinguish dives and fouls. Yet, little is known about the contributing factors that characterise the ability to judge these ambiguous situations correctly. To this end, in the current article we tested the hypothesis that

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

    Directory of Open Access Journals (Sweden)

    Jet Tigchelaar

    2016-07-01

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

  8. The draft of the new electricity market law at a glance

    International Nuclear Information System (INIS)

    Voss, Jan Ole; Kirschnick, Stephan

    2016-01-01

    The conclusion of the new electricity market law is: ''The market will judge it''. A refined market where the renewable energies are increasingly integrated, shall guarantee reasonable prices, security of supply and environmental protection. Whether this can be achieved in reality, is highly questionable. This would require that the overcapacity of the German electricity market confirmed in several reports and the wholesale price for electricity recovers the long term. Only then can it be assumed that investment incentives arise in the construction of modern and efficient power generation plants. Such a ''market-faithful'' system is also absolutely dependent on the behavior of neighboring European countries. Only when these go along the path and affect the price and capacity development not regulatory, the completion of a functioning, liberalized EU internal market for electricity can succeed. [de

  9. 20 CFR 702.345 - Formal hearings; consolidated issues; consolidated cases.

    Science.gov (United States)

    2010-04-01

    ...; consolidated cases. (a) When one or more additional issues are raised by the administrative law judge pursuant... Administrative Law Judge may consolidate such cases for hearing. ...; consolidated cases. 702.345 Section 702.345 Employees' Benefits EMPLOYMENT STANDARDS ADMINISTRATION, DEPARTMENT...

  10. Estimating the Standard Error of the Judging in a modified-Angoff Standards Setting Procedure

    Directory of Open Access Journals (Sweden)

    Robert G. MacCann

    2004-03-01

    Full Text Available For a modified Angoff standards setting procedure, two methods of calculating the standard error of the..judging were compared. The Central Limit Theorem (CLT method is easy to calculate and uses readily..available data. It estimates the variance of mean cut scores as a function of the variance of cut scores within..a judging group, based on the independent judgements at Stage 1 of the process. Its theoretical drawback is..that it is unable to take account of the effects of collaboration among the judges at Stages 2 and 3. The..second method, an application of equipercentile (EQP equating, relies on the selection of very large stable..candidatures and the standardisation of the raw score distributions to remove effects associated with test..difficulty. The standard error estimates were then empirically obtained from the mean cut score variation..observed over a five year period. For practical purposes, the two methods gave reasonable agreement, with..the CLT method working well for the top band, the band that attracts most public attention. For some..bands in English and Mathematics, the CLT standard error was smaller than the EQP estimate, suggesting..the CLT method be used with caution as an approximate guide only.

  11. Law Studies

    Directory of Open Access Journals (Sweden)

    G. P. Tolstopiatenko

    2014-01-01

    Full Text Available At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972

  12. A comparative study in the UNCITRAL model law about the independence of the arbitration clause

    Directory of Open Access Journals (Sweden)

    Atefeh Darami Zadeh

    2018-02-01

    Full Text Available The aim of the paper was to investigate the independence of the arbitration clause from the main contract in the International Commercial Arbitration Law of Iran with a comparative study in the UNCITRAL model law. The effectiveness of this type of procedure, its coordination with the specific objectives and the special status of international traders has led to their increasing willingness to use this legal solution. We use a comparative method, quasi-experimental, to describe similarities and differences in variables in two or more existing groups in a natural setting; it resembles an experiment as it uses manipulation but lacks random assignment of individual subjects.  This study begins analyzing international arbitration and the UNCITRAL model rules (Chapters I to VI, then reviewing the national arbitration (Chapter V; thus, the effects of the principle of independence of the arbitration clause can be seen (Chapter VII and, later, the problems that arise (Chapters VIII to X. Even so, the main conclusion is that the parties usually agree to resolve their international disputes through arbitration, which is judged privately and universally accepted.

  13. 13 CFR 134.711 - Will the Judge permit discovery and oral hearings?

    Science.gov (United States)

    2010-01-01

    ... Appeals From Women-Owned Small Business Concern (WOSB) and Economically Disadvantaged WOSB Concern (EDWOSB... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Will the Judge permit discovery and oral hearings? 134.711 Section 134.711 Business Credit and Assistance SMALL BUSINESS...

  14. ExtLaw_H18: Extinction law code

    Science.gov (United States)

    Hosek, Matthew W., Jr.; Lu, Jessica R.; Anderson, Jay; Do, Tuan; Schlafly, Edward F.; Ghez, Andrea M.; Clarkson, William I.; Morris, Mark R.; Albers, Saundra M.

    2018-03-01

    ExtLaw_H18 generates the extinction law between 0.8 - 2.2 microns. The law is derived using the Westerlund 1 (Wd1) main sequence (A_Ks 0.6 mag) and Arches cluster field Red Clump at the Galactic Center (A_Ks 2.7 mag). To derive the law a Wd1 cluster age of 5 Myr is assumed, though changing the cluster age between 4 Myr - 7 Myr has no effect on the law. This extinction law can be applied to highly reddened stellar populations that have similar foreground material as Wd1 and the Arches RC, namely dust from the spiral arms of the Milky Way in the Galactic Plane.

  15. Het relativiteitsvereiste van artikel 8:69a Awb : de stand van zaken

    NARCIS (Netherlands)

    van der Veen, G.A.

    2015-01-01

    The principle of relativity is a new principle in dutch administrative law. It restricts the annulment powers of the administrative judge. The article deals with the concept of the principle and the appearance in case law of the administrative judge

  16. Das Recht vor seinem Gesetz: Franz Kafka zur (Un‐Möglichkeit einer Selbstreflexion des Rechts / The Law before its Law: Franz Kafka on the (Im‐Possibility of Law’s Self‐Reflection

    Directory of Open Access Journals (Sweden)

    Gunther Teubner

    2012-07-01

    Full Text Available Stellen wir uns vor, der Mann vom Lande in Kafkas Parabel „Vor dem Gesetz“ sei nicht, wie es in der vorschnellen Rollenfixierung zahlreicher Kafka‐Interpretationen heißt, das menschliche Individuum, das der Gewalt der institutionalisierten Gesetzlichkeit (der Macht, der Moral, der Religion etc. ausgeliefert ist. Er sei stattdessen ein Richter „vom Lande“, einer der draußen im Lande einen Rechtsfall nach Recht und Gesetz zu behandeln hat und der nun in seinen Entscheidungsqualen mit dem Gesetz nicht zu Recht kommt. Let us imagine that the man from the country in Kafka’s parable “Before the law” is not the human individual who has been delivered up to the force of institutionalised legalism (power, morality, religion etc, as we find in numerous Kafka interpretations with their somewhat over‐hasty role fixation. Let us suppose instead that he is a judge “from the country”, who – back there, in the country – has to deal with a legal case according to the law, and who now, in the torment of decision‐making, cannot find what is right according to the law.

  17. Regulating Listed Companies: Between Company Law and Financial Market Law in Danish Law

    DEFF Research Database (Denmark)

    Clausen, Nis Jul

    2011-01-01

    The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law.......The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law....

  18. The Study of Image Processing Method for AIDS PA Test

    International Nuclear Information System (INIS)

    Zhang, H J; Wang, Q G

    2006-01-01

    At present, the main test technique of AIDS is PA in China. Because the judgment of PA test image is still depending on operator, the error ration is high. To resolve this problem, we present a new technique of image processing, which first process many samples and get the data including coordinate of center and the rang of kinds images; then we can segment the image with the data; at last, the result is exported after data was judgment. This technique is simple and veracious; and it also turns out to be suitable for the processing and analyzing of other infectious diseases' PA test image

  19. Is this joke really funny? Judging the mirth by audiovisual laughter analysis

    NARCIS (Netherlands)

    Petridis, S.; Pantic, Maja

    2009-01-01

    This paper presents the results of an empirical study suggesting that, while laughter is a very good indicator of amusement, the kind of laughter (unvoiced laughter vs.voiced laughter) is correlated with the mirth of laughter and could potential be used to judge the actual hilarity of the stimulus

  20. The surgeon and the law on patient's rights for minors.

    Science.gov (United States)

    Deneyer, M; Clybouw, C; De Groot, E; De Backer, A; Van den Brande, P; Vandenplas, Y

    2011-01-01

    The law of August 22nd, 2002 concerning patients' rights (LPR) gave a new dimension to the relationship between the physician and the patient. According to this law, it is up to the physician to judge if a patient is able to exercise his own rights or if the patient needs assistance from a representative. In the particular case of the patient being a minor, this often leads to a difficult situation because of the absence of validated criteria to evaluate the capacity of judgment of a minor patient. The triangular relationship physician-patient-parents might be hampered when the parents are involved in a divorce. In daily practice, there are many questions concerning the physicians' attitude towards the rights of the minor patient, particularly in cases of medical intervention. By means of case histories, we describe several problematic situations: the right of free choice of the physician, the right of the minor to obtain informational privacy, obtaining consent for a medical intervention. In cases where there is a divorce, the situation is even more difficult. Solutions are provided to act as effectively as possible in the minors' interests and to offer support to the physician. Note: According to article 388 of the Belgian Civil Code a minor is a person, either male or female, who has not attained the age of 18 years.