WorldWideScience

Sample records for regulations court decisions

  1. Court decisions on medical malpractice.

    Science.gov (United States)

    Knaak, Jan-Paul; Parzeller, Markus

    2014-11-01

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

  2. Summary of State Policy Regulations for Public Sector Labor Relations: Statutes, Attorney Generals' Opinions and Selected Court Decisions.

    Science.gov (United States)

    Labor Management Services Administration (DOL), Washington, DC. Div. of Public Employee Labor Relations.

    This chart represents a state-by-state compilation of the numerous statutes, executive orders, attorney general opinions, and court decisions which govern state and local government labor relations. Where available, information on each authority includes: (1) administrative body, (2) bargaining rights, (3) recognition rights and procedure, (4)…

  3. The constitutional court review of judicial decisions

    Directory of Open Access Journals (Sweden)

    Stojanović Dragan M.

    2016-01-01

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

  4. The Commitment decision according to paragraph 29 EnWG - a standardizing regulation under the supervision of the courts; Die Festlegungsentscheidung nach paragraph 29 EnWG - normierende Regulierung unter den Augen der Gerichte

    Energy Technology Data Exchange (ETDEWEB)

    Attendorn, Thorsten [Bezirksregierung Arnsberg (Germany)

    2009-03-15

    With the commitment decision according to paragraph 29 Energy Economy Act, the regulation authority has an effective instrument, which enables a one-sided determination of the entrance conditions and entrance methods as well as tariffs. This is an application of the standardizing regulation. The desired result is not caused ex post, but ex-ante. This is due to a uniform decision instead of a multiplicity of abuse decisions. The first commitment decisions passed the court instances. In the meantime, there are several decisions of the higher regional court and the Federal High Court. That gives cause to a stock-taking. The author of the contribution under consideration reports on this stock-tacking.

  5. First experience of programming a court decision

    Directory of Open Access Journals (Sweden)

    Sergey B. Polyakov

    2017-06-01

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

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

    Science.gov (United States)

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

    2004-02-01

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

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

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

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

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

    International Nuclear Information System (INIS)

    Berkemann, J.

    1985-01-01

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

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

    NARCIS (Netherlands)

    Tsoutsanis, A.

    2014-01-01

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

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

    Science.gov (United States)

    Zirkel, Perry A.

    1980-01-01

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

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

    African Journals Online (AJOL)

    AbdiJA

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

  12. O STF e a regulação dos meios de comunicação social: a metalinguagem adotada pela Corte na decisão da ADPF 130/DF / The Federal Supreme Court and the regulation of the social media: the metalanguage adopted by the court in the decision of the ADPF 130/DF

    Directory of Open Access Journals (Sweden)

    Oona de Oliveira Cajú

    2017-04-01

    Full Text Available Purpose – This article analyzes the votes uttered by the Federal Supreme Court justices at the trial of ADPF 130/DF, in which it was denied value to the Press Law. It also tackles the reasoning behind the Court’s decision, which clarifies its conception of regulation of the social media. Methodology/approach/design – The first section of the article presents the most influent theoretical paradigms on the social media regulation. The second section confronts them with votes presented at the trial of the ADPF 130/DF and extract the guiding conceptual syntheses of the justices, identifying the regulatory paradigm of communicational field to which they align themselves. Findings – It was possible to identify that the libertarian paradigm of free flow of informartion is the predominant mindset guiding the rulings concerning social media in the Federal Supreme Court.

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

    Directory of Open Access Journals (Sweden)

    Rajić Nataša

    2014-01-01

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

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

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

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

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

    International Nuclear Information System (INIS)

    Anon.

    1984-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Kreća Milenko

    2014-01-01

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

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

    Science.gov (United States)

    Zirkel, Perry A.

    2016-01-01

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

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

    International Nuclear Information System (INIS)

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

    1983-01-01

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

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

    Directory of Open Access Journals (Sweden)

    María Eugenia Monte

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

  20. 9 CFR 205.211 - Applicability of court decisions under the UCC.

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

    Rieger, H J

    1975-03-21

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

  2. O STF e a regulação dos meios de comunicação social: a metalinguagem adotada pela Corte na decisão da ADPF 130/DF / The Federal Supreme Court and the regulation of the social media: the metalanguage adopted by the court in the decision of the ADPF 130/DF

    Directory of Open Access Journals (Sweden)

    Oona de Oliveira Cajú

    2017-04-01

    Full Text Available Resumo Propósito – Este artigo apresenta uma análise dos votos proferidos pelos ministros do Supremo Tribunal Federal no julgamento da ADPF 130/DF, quando foi declarada a não recepção em bloco da Lei de Imprensa, e, a partir dos elementos conceituais extraídos da construções argumentativas das decisões, revela a metalinguagem sobre a qual a Corte, majoritariamente, sustenta suas concepção acerca de regulação do setor da comunicação social. Metodologia/abordagem/design – A primeira seção do trabalho apresenta os paradigmas teóricos mais influentes nas reflexões acerca da regulação do setor da comunicação social para, na segunda seção, confrontá-los com os votos apresentados no julgamento da ADPF 130/DF e extrair as sínteses conceituais orientadoras dos ministros, identificando o paradigma regulatório do campo comunicacional ao qual se alinham. Resultados – Foi possível identificar que o discurso majoritário no STF sobre questões regulatórias referentes ao setor da comunicação social está mais próxima do paradigma libertariano e sua síntese de free flow of information. Abstract Purpose – This article analyzes the votes uttered by the Federal Supreme Court justices at the trial of ADPF 130/DF, in which it was denied value to the Press Law. It also tackles the reasoning behind the Court’s decision, which clarifies its conception of regulation of the social media. Methodology/approach/design – The first section of the article presents the most influent theoretical paradigms on the social media regulation. The second section confronts them with votes presented at the trial of the ADPF 130/DF and extract the guiding conceptual syntheses of the justices, identifying the regulatory paradigm of communicational field to which they align themselves. Findings – It was possible to identify that the libertarian paradigm of free flow of informartion is the predominant mindset guiding the rulings concerning

  3. Anonymization of Court Decisions: Are Restrictions on the Right to Information in “Accordance with the Law”?

    Directory of Open Access Journals (Sweden)

    Gruodytė Edita

    2016-12-01

    Full Text Available In Lithuania rules for the anonymization of court decisions were introduced in 2005. These rules require automatic anonymization of all court decisions, which in the opinion of the authors violates the public interest to know and freedom of expression is unjustifiably restricted on behalf of the right to privacy. This issue covers two diametrically opposed human rights: the right to privacy and the right to information. The first question is how the balance between two equivalent rights could be reached. The second question is whether this regulation is in accordance with the law as it is established in the national Constitution and revealed by the Constitutional Court of the Republic of Lithuania and developed by the jurisprudence of the European Court of Human Rights. The authors conclude that the legislator is not empowered to delegate to the Judicial Council issues which are a matter of legal regulation and suggest possible solutions evaluating practice of the Court of Justice of the European Union, the European Court of Human Rights, and selected EU countries.

  4. Understanding Decision-Making in Specialized Domestic Violence Courts: Can Contemporary Theoretical Frameworks Help Guide These Decisions?

    Science.gov (United States)

    Pinchevsky, Gillian M

    2016-05-22

    This study fills a gap in the literature by exploring the utility of contemporary courtroom theoretical frameworks-uncertainty avoidance, causal attribution, and focal concerns-for explaining decision-making in specialized domestic violence courts. Using data from two specialized domestic violence courts, this study explores the predictors of prosecutorial and judicial decision-making and the extent to which these factors are congruent with theoretical frameworks often used in studies of court processing. Findings suggest that these theoretical frameworks only partially help explain decision-making in the courts under study. A discussion of the findings and implications for future research is provided. © The Author(s) 2016.

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

    Science.gov (United States)

    Relano, Eugenia

    2010-01-01

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

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

    Science.gov (United States)

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

    2016-01-01

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

  7. Hazelwood v. Kuhlmeier: Supreme Court Decision Does Affect College and University First Amendment Rights.

    Science.gov (United States)

    Luna, Andrew

    1996-01-01

    Addresses the First Amendment issues raised by the Hazelwood decision, which ruled that administrators serve as publishers of the student press. Recent decisions have shown that the courts will apply Hazelwood to post-secondary schools. These decisions reflect an ideology which supports the inculcation of society's values on college students. (RJM)

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

    Science.gov (United States)

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

    2011-11-01

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

  9. Federal Constitutional Court (Committee on Preliminary Proceedings). Decision of October 5, 1982 (Stade)

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

    With its decision of October 5, 1982, the Committee on Preliminary Proceedings of the Federal Constitutional Court dismissed the challenge of the constitutionality of the 7th part-construction permit for Stade nuclear power plant (Lower Saxony) on the grounds that it will most likely be unsuccessful. The decision includes a statement concerning the right of appeal against operating licences under the Atomic Energy Act, as well as the limits set by the Constitution with regard to the requirements to be met by appeals against administrative court decisions. (HP) [de

  10. Court decisions: Preclusion clause prevents operating stop for Kruemmel nuclear power plant. [Administrative Court of Schleswig, decision 12D 79/83 of Oct. 5, 1983

    Energy Technology Data Exchange (ETDEWEB)

    1984-01-01

    According to section 7b of the Atomic Energy Act, once an incontestable permit has been given under section 7 of the Atomic Energy Act, third parties do not have a right of appeal in any subsequent licensing procedure if the said appeal is based on facts which have been put forward already, or could have been brought forward by any third party having had access to information or to the preliminary licence laid open for public inspection. If the licensing authority decided within the margin of discretion provided by the law, the administrative court may not replace this discretion by discretion of the court. If in accordance with section 1 of the Atomic Energy Act an examination of the issues involved may result in a possible decision confirming the licensing authority's view or also the court's view, the court is obliged to accept the decision taken by the licensing authority, due to the principle of separation of powers, unless the licensing authority decided on the basis of incorrect or irrelevant facts, or left out of consideration facts of major importance.

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

    Science.gov (United States)

    Pereira, Daniel J; Kunin, Stephen G

    2014-12-04

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

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

    Science.gov (United States)

    Chakhvadze, B; Chakhvadze, G

    2017-01-01

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

  13. Decision of the Federal Constitutional Court on the nuclear fuel tax. A threefold big bang

    International Nuclear Information System (INIS)

    Leidinger, Tobias

    2017-01-01

    With the decision of the Federal Constitutional Court (BVerfG, file number 2 BvL 6/13) published on 7 June the Federal Constitutional Court has ''tipped'' the so-called nuclear fuel tax levied by nuclear power plant operators from 2011 to the end of 2016 (tax revenues approx. 6.285 billion Euros). According to the court the Federal legislature does not has any legislative competence for the introduction of this tax. Including interest rates, the current tax debtors E.ON, RWE and EnBW are now refunded a total of just under Euro 7 billion of wrongly levied taxes for the years 2011 to 2016. In substance, the decision on the unconstitutionality and invalidity of the nuclear fuel tax is a threefold big bang.

  14. 26 CFR 301.6863-2 - Collection of jeopardy assessment; stay of sale of seized property pending Tax Court decision.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Collection of jeopardy assessment; stay of sale of seized property pending Tax Court decision. 301.6863-2 Section 301.6863-2 Internal Revenue...; stay of sale of seized property pending Tax Court decision. (a) General rule. In the case of an...

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

    International Nuclear Information System (INIS)

    Anon.

    1987-01-01

    In the dissenting opinion of one of the judges of the Bavarian Constitutional Court concerning the decision of August 14, 1987, the Land Bavaria has a competence according to the constitution to decide about sites of nuclear installations. Hence it follows that a referendum on this problem has to be permitted. (CW) [de

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

    Science.gov (United States)

    Thro, William E.

    2009-01-01

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

  17. Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010

    Directory of Open Access Journals (Sweden)

    Sri Budi Purwaningsih

    2014-01-01

    Full Text Available The decision of the Constitutional Court of the Republic of Indonesia No.46/PUU-VIII / 2010 dated 17 February 2012, granted the judicial review of Article 43 (1 of Law No. 1 of 1974 on Marriage by deciding that the article should read "Children who are born outside of marriage just had a civil relationship with her mother and her mother's family as well as with men as a father who can be proved based on science and technology and / or evidence, has blood ties according to law, including a civil relationship with his father's family". This Indonesian Constitutional Court's decision bring Juridical consequence that illegitimate children not only have a legal relationship with her mother, but also has a legal relationship with the father (biological and his father's family, as long as it is proven with science and technology. The Constitutional Court's decision is a starting point in the legal protection of illegitimate children, namely the "right alignment" between the illegitimate child with the legitimate son. Illegitimate children have the rights to demand their civil rights toward their father (biological as the same rights obtained by the legitimate son. How To Cite: Purwaningsih, S. (2016. Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010. Rechtsidee, 1(1, 119-130. doi:http://dx.doi.org/10.21070/jihr.v1i1.99

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

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen; Petersen, Clement Salung

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    О. О. Сидоренко

    2015-11-01

    Full Text Available The article describes the identifying areas of influence of the European Court on the legal system of Ukraine, as well as the enforcement mechanism of decisions. Analyzes the problems that affect the designated question and points of view of different scholars and practitioners. In Europe there are different documents – convention covenants, charters that provide and ensure the inclusion of a special protection mechanism in case of violation of human rights. These documents Convention on Human Rights and Fundamental Freedoms (Rome, 1950, hereinafter - the Convention, which provides the most effective and real protection mechanism for human rights. Convention not only proclaimed fundamental human rights, but also created a special mechanism to protect them. The key to this mechanism is the European Court of Human Rights. European Court of Human Rights (hereinafter - the Court located in Strasbourg, France. Its jurisdiction extends to forty-seven European states that are members of the Council of Europe and signatories. Article 9 of the Constitution of Ukraine clearly states that international treaties, ratified by the Verkhovna Rada of Ukraine are part of the national legislation of Ukraine. The Court can not apply the law that governs the legal relationship in question, other than an international agreement. However, international agreements apply if they do not contradict the Constitution of Ukraine. Urgency of the problem by the growth requirements of the rule of law in the judiciary, increasing legal awareness of citizens and their activity to protect their rights and freedoms, the presence of non judicial legislation with international legal acts. Procedural legislation of Ukraine in many aspects not harmonized not only in line with the decisions of the European Court, but also to the current constitution. Ukraine ratified the Convention for the Protection of Human Rights and Fundamental Freedoms July 17, 1997. Since then, the citizens of

  20. Hazelwood Decision: The Complete Text of the Jan. 13 U.S. Supreme Court 5-3 Decision.

    Science.gov (United States)

    Quill and Scroll, 1988

    1988-01-01

    Reprints the complete text of the January 13, 1988 United States Supreme Court decision on Hazelwood School District versus Kuhlmeier, which concerns educators' editorial control over the content of a high school newspaper produced as part of a school's journalism curriculum. (MS)

  1. Health Implications of the Supreme Court's Obergefell vs. Hodges Marriage Equality Decision

    Science.gov (United States)

    2015-01-01

    Abstract The United States Supreme Court's Obergefell vs. Hodges groundbreaking marriage equality decision also created new terrain for lesbian, gay, bisexual, and transgender (LGBT) persons regarding health, healthcare, and health benefits. This article addresses the health implications of this decision by examining its impact on minority stress and stigmatization and health-related benefits. It also includes a discussion of several impending issues affecting LGBT health that remain after Obergefell. PMID:26788668

  2. Gutta cavat lapidem... the Brokdorf decision of the Federal Constitutional Court

    International Nuclear Information System (INIS)

    Eyermann, E.

    1986-01-01

    The issue discussed is the decision taken by the Federal Constitutional Court on May 14, 1985 - Case number 1 BvR 233 and 341/81 -, concerning a ban on political demonstrations against the Brokdorf reactor. The author expresses surprise and concern about the fact that the right to hold demonstrations in the public is so overemphasized, as he holds that the too great number of political demonstrations we have seen in the past will snag a common feeling of solidarity with the Government and will foster a feeling of listlessness in the general population. As to the case brought before the Federal Constitutional Court, the author's opinion is that the Court ought to have dismissed the constitutional complaints as there is no infringement of civil rights involved in the case, and complaints were inadmissible. (HSCH) [de

  3. The Constitutional Court in light of interpretive decisions in normative control proceedings

    Directory of Open Access Journals (Sweden)

    Stojanović Dragan

    2016-01-01

    -deprivation' in cases where the Constitutional Court may have had to abandon its primary constitutional mission and even 'tolerate' unconstitutional activity. In particular, this refers to the constructs such as 'a matter of legislative policy ' and a highly dubious term 'political acts' which are eo ipso excluded from constitutional control. On the other hand, when it comes to interpretative decisions, which rest on the dogmatic principle of statutory interpretation aimed at establishing the compliance of laws with the Constitution, the interpretation results may 'save' the legal act from being declared unconstitutional and invalid. In that case, the main problem is that the Constitutional Court has a slightly different role of shaping the positive law; thus, the practice of resorting (too frequently to interpretative decisions does not lead to the optimal exercise of the Constitutional Court mission. Therefore, we can conclude that the constitutional jurisprudence (which includes only a few interpretative decisions does not seem to entail a 'dangerous' divergence of the Constitutional Court from its constitutional mission, nor does it significantly affect the principal Constitutional Court activities.

  4. 75 FR 7562 - Certain Steel Concrete Reinforcing Bars From Turkey: Notice of Court Decision Not in Harmony With...

    Science.gov (United States)

    2010-02-22

    ... Reinforcing Bars From Turkey: Notice of Court Decision Not in Harmony With Final Results of Administrative...: On January 19, 2010, the United States Court of International Trade (CIT) sustained the Department of... Corporation, Gerdau Ameristeel Corporation, and Commercial Metals Company v. United States and Icdas Celik...

  5. 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.

  6. 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

  7. Labour Court Karlsruhe, decision of October 15, 1985 (co-determination in matters of security control)

    International Nuclear Information System (INIS)

    Anon.

    1986-01-01

    In its decision of October 15, 1985, the Labour Court of Karlsruhe deals with the order for security controls in nuclear research centres. The co-determination of the works council in this field is excluded, if the operator is obliged by the licensing authority to carry out these controls pursuant to the operating licence according to sec. 7 and sec. 17 of the Atomic Energy Act. (WG) [de

  8. Offshore wind energy: the Nantes administrative court gives its first decisions

    International Nuclear Information System (INIS)

    Deharbe, David; Deldique, Lou

    2017-01-01

    In May 2017, the Nantes administrative court gave a restrictive appraisal to the acting interest of associations and cities contesting the installation and exploitation approval of a wind farm off Saint Nazaire coast and rejected the different arguments put forward by the opponents of the project. This decision suggests a probably favorable jurisprudence for the forthcoming offshore wind farm projects. This paper presents the explanatory statement and comments the conclusions of the judgement

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

    Directory of Open Access Journals (Sweden)

    Lydia Anita Miljan

    2014-10-01

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

  10. Recent decision of the Constitutional Court concerning the admissibility of the referendum on nuclear power plants

    International Nuclear Information System (INIS)

    Pomodoro, Sergio.

    1981-01-01

    This paper provides a thorough analysis of the decision of the Constitutional Court on 13 February 1981 ruling that a request for a referendum whose purpose was to have adopted a partial annulment of Act no. 393 of 1975 on nuclear power plant siting was inadmissible. The decision is based on the ground that, firstly the Constitution does not allow a referendum for annulment of an Act to be held and secondly, this request ran counter to the objectives fixed by the Euratom Treaty (Community nuclear power development) to which Italy, as a Party, was committed. (NEA) [fr

  11. Taxing the Establishment Clause: —Revolutionary Decision of the Arizona Supreme Court

    Directory of Open Access Journals (Sweden)

    Kevin G. Welner

    2000-07-01

    Full Text Available This article explores the nature and implications of a 1999 decision of the Arizona Supreme Court, upholding the constitutionality of a state tax credit statute. The statute offers a $500 tax credit to taxpayers who donate money to non-profit organizations which, in turn, donate the money in grants to students in order to help defray the costs of attending private and parochial schools. The author concludes that the Arizona decision elevates cleverness in devising a statutory scheme above the substance of long-established constitutional doctrine.

  12. Court decisions in wrongful birth cases as possible discrimination against the child

    Directory of Open Access Journals (Sweden)

    Petr Sustek

    2017-04-01

    Full Text Available Abstract: The term wrongful birth denotes a claim brought by the parents of an unwanted child who was conceived or born due to medical negligence. The claims are often dismissed as contradictory to good morals or public order. However, there remains a neglected question whether the court decision to award or dismiss damages could constitute discrimination against the child concerned. While the child is not a party to the litigation, it is nevertheless unacceptable for the court not to take into account the effects of its decision on the child. In the case of award of damages, the court publicly affirms the legitimacy of the parentsꞌ need for compensation, that is the fact that the childꞌs birth represents recoverable harm to them. The court decision therefore means a different treatment in respect to other children whose benefits for the family are generally recognized and praised by the society. That might have serious psychological consequences for the child, depriving her or him of the full enjoyment of the right to dignity. This fact constitutes discrimination on the grounds of birth, which can be justified only by very weighty reasons. Such reasons may be arguably given in the case of a child incapable of understanding the meaning of wrongful birth litigation, whose special needs are extremely burdensome on the family. On the other hand, the dismissal of the claim cannot represent a negative discrimination against the child. Keywords: Discrimination. Wrongful birth. International human rights law. Human rights of the child. Convention on the Rights of the Child.

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

    Directory of Open Access Journals (Sweden)

    Ekaterina Ivanova

    2010-08-01

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

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

    Directory of Open Access Journals (Sweden)

    Ekaterina Ivanova

    2010-08-01

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

  15. Decisions to regulate genotoxic substances

    Energy Technology Data Exchange (ETDEWEB)

    Bengtsson, G

    1988-07-01

    Decisions to regulate genotoxic substances involve trade-offs between various incomparable factors such as risks to human health and other environmental risks, public perceptions, costs and uncertainties. Two different approaches towards these trade-offs are discussed. In one approach, all relevant factors are defined and trade-offs are considered using a general and very elaborate analysis. Cost-benefit analysis is an exponent of this approach. An illustration is given for the regulation of transboundary releases of radioactive materials. The other approach considers what is politically feasible for the time being and seeks a decision with much room for later corrections. Incrementalism is a philosophy in this vein. It is illustrated by reference to the regulation of transboundary air pollution. Weaknesses and strengths of the two approaches are discussed. (author)

  16. Decisions to regulate genotoxic substances

    International Nuclear Information System (INIS)

    Bengtsson, G.

    1988-01-01

    Decisions to regulate genotoxic substances involve trade-offs between various incomparable factors such as risks to human health and other environmental risks, public perceptions, costs and uncertainties. Two different approaches towards these trade-offs are discussed. In one approach, all relevant factors are defined and trade-offs are considered using a general and very elaborate analysis. Cost-benefit analysis is an exponent of this approach. An illustration is given for the regulation of transboundary releases of radioactive materials. The other approach considers what is politically feasible for the time being and seeks a decision with much room for later corrections. Incrementalism is a philosophy in this vein. It is illustrated by reference to the regulation of transboundary air pollution. Weaknesses and strengths of the two approaches are discussed. (author)

  17. 75 FR 41435 - Ball Bearings and Parts Thereof From Germany: Notice of Court Decision Not in Harmony With Final...

    Science.gov (United States)

    2010-07-16

    ...On July 7, 2010, the United States Court of International Trade sustained the Department of Commerce's results of redetermination on remand concerning the final results of the administrative review of the antidumping duty order on ball bearings and parts thereof from Germany. See SKF USA Inc., v. United States, Slip Op. 10-76 (CIT July 7, 2010). The Department is now issuing this notice of court decision not in harmony with the Department of Commerce's determination.

  18. A Supreme Challenge: Achieving the Educational and Societal Benefits of Diversity after the Supreme Court's "Fisher" Decision

    Science.gov (United States)

    Alger, Jonathan R.

    2013-01-01

    This invited commentary provides a response to the U.S. Supreme Court's decision in the case of "Fisher v. University of Texas at Austin" (2013). The author addresses the question regarding whether the newest decision about the use of affirmative action in higher education admissions raised the bar with respect to the legal doctrine of…

  19. FINALITY OF INDONESIAN CONSTITUTIONAL COURT DECISION IN REGARD TO JUDICIAL REVIEW

    Directory of Open Access Journals (Sweden)

    Suwarno Abadi

    2016-05-01

    Full Text Available This article examines the constitutional status of Constitutional Court’s decisions constitutionally guaranteed as final. This status very critical because it could lead Constitutional Court to the judicial supremacy position. This article argues against this possibility. The status of Constitutional Court’s decisions should be critized on the basis that its finality is prima facie, not absolute. As a solution, this article takes a position called departmentalism which means that court and legislature are not supreme in their authority to interpret the constitution. Artikel ini membahas tentang status konstitusional putusan Mahkamah Konstitusi yang dijamin konstitusi bersifat final. Status tersebut sangat kritikal karena dapat mengarahkan Mahkamah Konstitusi ke posisi supremasi yudisial. Artikel ini berargumen tidak setuju atas kemungkinan tersebut. Oleh karena itu, status putusan Mahkamah Konstitusi perlu dikritisi dengan dasar bahwa finalitasnya tersebut bersifat “prima facie”, tidak absolut. Sebagai solusinya, artikel ini mengambil posisi departementalisme yang memiliki pengertian bahwa pengadilan dan legislator tidak memiliki supremasi atas kewenangan untuk melakukan interpretasi konstitusi.

  20. Unfair commercial practices in european and czech legal regulations and in practice of the courts

    OpenAIRE

    Štouračová, Vanda

    2010-01-01

    The bachelor thesis deals with charting of unfair commercial practices on consumer. Initially there are described unfair commercial practices in legal regulations of EU and Czech Republic and distinguished into misleading and agressive practices. There is also included description of misleading advertising. Besides unfair commercial practices there are described businessunlike commercial practices boundaring with legal regulations. Lastly there are stated chosen European and Czech court decis...

  1. 77 FR 71687 - Federal Employees' Group Life Insurance Program: Court Orders Prior to July 22, 1998

    Science.gov (United States)

    2012-12-04

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

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

    Directory of Open Access Journals (Sweden)

    Rafael Nieto Navia

    2010-05-01

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

  3. POLITICAL MIGRATION, THE ROMANIAN POLITICIANS’ "DISEASE". COMMENTS ON CONSTITUTIONAL COURT DECISION NO. 761/2015

    Directory of Open Access Journals (Sweden)

    Claudia GILIA

    2015-07-01

    Full Text Available After 1989, the Romanian society has been in a continuous constitutional, legislative, and political effervescence. Building a democratic state, a state of the rule of law, based on fundamental values, such as human dignity, freedom, fundamental rights and freedoms, political pluralism, is a long process. Democratic, fair, free and regular elections are a crucial element for the proper functioning of the political institutions. But are they sufficient to ensure a functional and representative democracy? Our answer is no. There are many other elements that are needed in order to achieve such an important goal to a functioning society. One of these elements which we would like mention is, in our opinion, important to progress and representative democracy of any state: the legitimacy and political stability of the bodies exercising power at all levels. In our study, we address a number of issues concerning a phenomenon that grinds the foundation of the representative democracy, namely political migration. In our opinion, this phenomenon, that has invaded the political life in Romania, is one of the serious "diseases" of both the political class, and the Romanian society. Obtaining power at any price seems to justify any political treason, metaphorically called “political migration”. In our study, the phenomenon of the political migration will be analyzed mostly under Constitutional Court Decision no. 761 of 17 December 2014 concerning the unconstitutionality of the Law on the approval of Government Emergency Ordinance no. 55/2014 regulating measures concerning the local public administration. By Ordinance no. 55/2014, Pandora's Box has been opened once again within the local public administration as, for a period of 45 days, the local elected were provided the permission to express in writing, only once, their option of either becoming members of a certain political party or national minority organization, or becoming independent without losing

  4. Predicting judicial decisions of the European Court of Human Rights: a Natural Language Processing perspective

    Directory of Open Access Journals (Sweden)

    Nikolaos Aletras

    2016-10-01

    Full Text Available Recent advances in Natural Language Processing and Machine Learning provide us with the tools to build predictive models that can be used to unveil patterns driving judicial decisions. This can be useful, for both lawyers and judges, as an assisting tool to rapidly identify cases and extract patterns which lead to certain decisions. This paper presents the first systematic study on predicting the outcome of cases tried by the European Court of Human Rights based solely on textual content. We formulate a binary classification task where the input of our classifiers is the textual content extracted from a case and the target output is the actual judgment as to whether there has been a violation of an article of the convention of human rights. Textual information is represented using contiguous word sequences, i.e., N-grams, and topics. Our models can predict the court’s decisions with a strong accuracy (79% on average. Our empirical analysis indicates that the formal facts of a case are the most important predictive factor. This is consistent with the theory of legal realism suggesting that judicial decision-making is significantly affected by the stimulus of the facts. We also observe that the topical content of a case is another important feature in this classification task and explore this relationship further by conducting a qualitative analysis.

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

    Directory of Open Access Journals (Sweden)

    Hjalmar Punla Hernandez

    2017-09-01

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

  6. Comment on the decision of the Federal Constitutional Court of December 20, 1979

    International Nuclear Information System (INIS)

    Rauschning, G.

    1980-01-01

    The author analyzes critically the chain of reasoning the Federal Constitutional Court followed in its decision on the Muehlheim-Kaerlich Reactor. He comments on the grounds delivered for the admissibility of the complaint of unconstitutionality, on the mandatory obligation of the state to protect life and health as laid down in Para. 2 of Art. 2 of the Basic Law, on the possible, joint responsibility of the state for nuclear risks. The author stresses that the nullification of licences granted according to the Atomic Energy Law is not to be decided on the grounds of Para. 2 of Art. 20 of the Basic Law. No reference should be made to Basic Law constructions which are of a generalizing, dogmatic nature and might blow up our system of basic rights because of a supposedly special situation in the Atomic Energy Law. (HSCH) [de

  7. Lueneburg Higher Administrative Court: Decision of July 18, 1980 - sports fishing club versus Grohnde reactor

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    As the lessee of fishing rights, a sports fishing club may be affected in its legally protected interests by the licensing of a nuclear power station site. Therefore it may have the right to take action unless it can no longer claim recognitaion of its rights in a licensing procedure relating to the law on the management of water recources because the department for management of water resources is bound to the site decision made under the Atomic Energy Law. The suitability of a site may also be declared with binding effect within the framework of a partial construction permit granted according to the Atomic Energy Law (against the Higher Administrative Court of Baden-Wuerttemberg, DOeV 1979, 521). (orig.) [de

  8. 78 FR 69817 - Polyethylene Retail Carrier Bags From Thailand: Final Court Decision and Amended Final Results of...

    Science.gov (United States)

    2013-11-21

    ... Bags From Thailand: Final Court Decision and Amended Final Results of Administrative Review of the..., which recalculated the weighted-average duty margin for polyethylene retail carrier bags (PRCBs) from... Packaging at the CIT. \\2\\ See Polyethylene Retail Carrier Bags from Thailand: Final Results and Partial...

  9. 76 FR 69705 - Certain Activated Carbon From the People's Republic of China: Notice of Court Decision Not in...

    Science.gov (United States)

    2011-11-09

    ... ``deconsolidated'' which resulted in a caption change to Hebei Foreign Trade and Advertising Corporation., et al. v... decision of the United States Court of Appeals for the Federal Circuit (``CAFC'') in Timken Co. v. United... margin assigned to Hebei Foreign Trade and Advertising Corporation (``Hebei Foreign'') and the margin...

  10. 78 FR 72628 - Polyethylene Retail Carrier Bags From Thailand: Notice of Court Decision Not in Harmony With...

    Science.gov (United States)

    2013-12-03

    ... from Thailand on November 3, 2011.\\3\\ Both Thai Plastic Bags Industries Co., Ltd. and Polyethylene.../exporter margin (percent) Thai Plastic Bags Industries Company 35.79 Landblue (Thailand) Co., Ltd 25.60 In... Bags From Thailand: Notice of Court Decision Not in Harmony With Final Results of Administrative Review...

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

    DEFF Research Database (Denmark)

    Ashbee, Edward

    2013-01-01

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

  12. The Camera Comes to Court.

    Science.gov (United States)

    Floren, Leola

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

  13. The importance of least restrictive care: the clinical implications of a recent High Court decision on negligence.

    Science.gov (United States)

    Ryan, Christopher James; Callaghan, Sascha; Large, Matthew

    2015-08-01

    This paper aims to explain the meaning and implications for practice of the High Court of Australia's finding in the negligence case, Hunter and New England Local Health District v McKenna [2014] HCA 44. The facts of the case and the law of negligence are reviewed before reporting the Court's decision. The High Court found that the obligation upon doctors to provide the least restrictive option for care that was imposed by the, then applicable, Mental Health Act 1990 (NSW) was inconsistent with an obligation that might otherwise be imposed by a common law duty to have regard to the interests of those with whom a psychiatric patient may come into contact if not detained. The Court's finding underlines the importance of clinicians documenting their clinical reasoning around why their negotiated management plan was the option least restrictive of the patient's freedom and most protective of his or her human rights. © The Royal Australian and New Zealand College of Psychiatrists 2015.

  14. Regional Labour Court Baden-Wuerttemberg (Mannheim), decision of November 24, 1986 (co-determination in matters of security control)

    International Nuclear Information System (INIS)

    Anon.

    1987-01-01

    In its decision of November 24, 1986, the Regional Court of Baden-Wuerttemberg deals with the direction of security controls in nuclear research plants. The co-determination of the works council in this field is excluded, if the operator is directed by the licensing authority to carry out these controls pursuant to an obligation of the operating licence according to sec. 7 and sec. 17 of the Atomic Energy Act. With regard to the security purpose in sec. 1 no. 2 Atomic Energy Act only the operator is competent to make decisions in these cases. (WG) [de

  15. On the complaint of unconstitutionality of the Stuttgart Court decisions against non-payers and part payers of electricity bills

    International Nuclear Information System (INIS)

    Fischerhof, H.

    1980-01-01

    In a decision dated December 20, 1979, the Federal Constitutional Court refused to accept the complaint of unconstitutionality brought by the Technische Werke (Municipal Utilities) of the city of Stuttgart (TWS) against two decisions by the Stuttgart Municipal Court in favor of non-payers and part payers of electricity bills. The reasons given for the refusal to accept the complaint state that there was every indication of the Stuttgart judgements being faulty. On the basis of this finding, TWS can continue to demand payment in full of their electricity bills. The Federal Constitutional Court maintains that civil rights could not be applied to TWS as a corporation under private law, whose activities exclusively consisted in providing the public with means of existence and whose shares were held in full by an agency with rights of jurisdiction. In a footnote, the author argues that the refusal to grant protection of civil rights to TWS was in conflict with the equal rights principle. (HSCH) [de

  16. Understanding the failure of health-care exceptionalism in the Supreme Court's Obamacare decision.

    Science.gov (United States)

    Moncrieff, Abigail R

    2012-09-01

    On June 28, 2012, a mere century after the first presidential proposal for national health insurance, the Supreme Court issued a resounding victory for President Obama and for health-care reform generally, upholding the Patient Protection and Affordable Care Act against a serious constitutional challenge. Nevertheless, the Court also struck a potential blow to future health-care reform efforts in refusing to accept the solicitor general's argument that health care is a unique market with unique regulatory needs that justify special constitutional treatment. The failure of health-care exceptionalism in the Court's opinion might render future reform efforts more difficult than they would have been if the solicitor general's argument had carried the day. This commentary seeks to shed light on the Court's hesitation to recognize the uniqueness of health insurance and health care, noting that market-based exceptionalism in constitutional law has a long, dark history that the Court was understandably loath to repeat. Although the result of Chief Justice John Roberts' one-size-fits-all approach to constitutional analysis in this case is an odd holding that elides some genuine uniqueness of American health care, the alternative of health-care exceptionalism might have been much worse for our overall constitutional system.

  17. Administrative Court Stade, decision of March 22, 1985 (interim storage facility at Gorleben)

    International Nuclear Information System (INIS)

    Anon.

    1985-01-01

    This decision deals with the planned interim storage facility of Gorleben (F.R.G.). The provisions introduced by the 4th ammendment to sec. 5 para. 6 and 9a to 9c of the German Atomic Energy Act might contain a definite regulation of the 'Entsorgung' of nuclear power stations. Sec. 6 of the Atomic Energy Act is not applicable to interim storage facilities because irradiated nuclear fuel has a double nature: It is spent fuel and nuclear waste as well. Considering current licensing procedures of construction and operation of nuclear installations in the field of 'Entsorgung', special legal regulations for the construction and operation of an interim storage facility have to be required. (CW)

  18. Kassel Administrative Court. Decision of September 17, 1982 ('Frankenberg-Wangershausen')

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

    By court order of September 17, 1982, the Kassel Administrative Court settled upon an application put forth by a group within the town council of Marburg in Hesse, stating their wish that the management and finance committee become active in the refusal of a building permit for a reprocessing plant planned to be constructed at a distance of 30 km as the crow flies. The Administrative Court rejected the application because of the absence of a legal basis for becoming thus active. It stated that the kind of activity applied for was not the business of the community and that it is not, under local law, within the field of activities of the town council. (WB) [de

  19. Consequences of the Federal Administrative Court decisions about the Biblis on-site interim store and the 'Biblis condition' as seen by the Nuclear Regulatory Authority of the State of Baden-Wuerttemberg

    International Nuclear Information System (INIS)

    Rauscher, Dieter

    2009-01-01

    On March 17, 2005, the Baden-Wuerttemberg State Ministry of Economics, following instructions by the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMU), imposed an ex-post-facto condition on the licensee of the Philippsburg Units 1 and 2 nuclear power station. Its content can be summed up as follows: In case of deviations from criteria specified in the license which are relevant to accident management, the plant must be shut down. In case of suspicion that, for whatever reason, accident management could be doubtful, accident management must be demonstrated to function; failing this, the plant must be shut down. In a decision of February 26, 2007, the Baden-Wuerttemberg State Court of Administration set this condition aside. The Federal Administrative Court, in its ruling of April 10, 2008, essentially confirmed the decision of the court of first instance. Both decisions are analyzed. Licensees and public authorities are shown the general framework of administrative law within which their relations are regulated. Another subject covered is jurisdiction about provisions against damage in connection with the ruling of the Federal Administrative Court of April 10, 2008 in the matter of the Brunsbuettel interim store. The court comments on the question of provision against damage in the area of protection, develops the dogma from scratch again as to the borderlines separating provisions against damage from residual risk and, within this framework, addresses the problem of third-party action against execution, especially so with respect to protection. The question of possible repercussions upon practice is discussed also for this court ruling. (orig.)

  20. Forum: Reconsidering the Supreme Court's "Rodriguez" Decision--Is There a Federal Constitutional Right to Education?

    Science.gov (United States)

    Ogletree, Charles J., Jr.; Robinson, Kimberly Jenkins; Lindseth, Alfred A.; Testani, Rocco E.; Peifer, Lee A.

    2017-01-01

    Does the U.S. Constitution guarantee a right to education? The Supreme Court declared that it does not in "San Antonio Independent School District v. Rodriguez," a 1973 case alleging that disparities in spending levels among Texas school districts violated students' constitutional rights. This issue's forum contains two essays. The first…

  1. "Political Propaganda": An Analysis of the U.S. Supreme Court Decision in Meese v. Keene.

    Science.gov (United States)

    Lipschultz, Jeremy Harris

    The United States Supreme Court case, Meese v. Keene, in which the justices narrowly defined the meaning of the term "political propaganda," failed to address adequately the complexities of the issue. In this case it is necessary to bring together divergent views about communications in the analysis of the legal problem, including…

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

    Directory of Open Access Journals (Sweden)

    Paola Iliana De la Rosa Rodríguez

    2016-06-01

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

  3. Commentary (Analysis of Decisions on Interim Release at the Extraordinary Chambers in the Courts of Cambodia (ECCC))

    DEFF Research Database (Denmark)

    Appazov, Artur

    2015-01-01

    As of today, the decision-making organs of the ECCC have issued a number of decisions on applications of suspects and accused persons for provisional release. One only one such application has been successful so far. This situation is regarded as acceptable in other international criminal...... jurisdictions for the reasons of unavailability of reliable enforcement mechanisms. This is said to justify the pre-trial detention to be de facto the rule rather than exception. However, specific conditions of the Extraordinary Chambers in the Courts of Cambodia (ECCC) warrant a differing appraisal....... The commentary examines a tendency of the decision-makers of the ECCC uncritically to accept arguments in the submissions of the Co-Prosecutors to the effect that the continuous provisional detention is in each case the necessary measure in accordance with the law of the ECCC. At that, the quality of judicial...

  4. 77 FR 33635 - Amendment to the Bank Secrecy Act Regulations-Requirement That Clerks of Court Report Certain...

    Science.gov (United States)

    2012-06-07

    ... business rule reflects that the definition of currency used therein is slightly different from the... Amendment to the Bank Secrecy Act Regulations--Requirement That Clerks of Court Report Certain Currency...: FinCEN is amending the rules relating to the reporting of certain currency transactions consistent...

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

    International Nuclear Information System (INIS)

    Anon.

    2010-01-01

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

  6. Financial protection against nuclear hazards: implications of the Supreme Court's decision in Silkwood

    International Nuclear Information System (INIS)

    Rockett, L.R.

    1985-01-01

    The study evaluates the operation of the Price-Anderson Act in the light of 10 years of experience and the changes that have occurred during the period in the law and regulations and in the nuclear and insurance industries. It provides an independent analysis of various proposals to extend or amend the Act prior to its 1987 expiration. The five chapters deal with historical background and scope, financial protection under the Act, financial protection without the Act, legislative goals and issues, and alternative proposals. The report concludes that no scheme can fully satisfy all of the criteria, bu a careful balancing will depend upon congressional decision on the extent to which federal policy should encourage continued participation by private industry in the nuclear field. Selected footnotes follow each chapter

  7. Emotions and Behavior Regulation in Decision Dilemmas

    Directory of Open Access Journals (Sweden)

    Joaquin Gómez-Miñambres

    2017-05-01

    Full Text Available We introduce a dynamic model of emotional behavior regulation that can generalize to a wide range of decision dilemmas. Dilemmas are characterized by availability of mutually exclusive goals that a decision maker is dually motivated to pursue. In our model, previous goal pursuant decisions produce negative emotions that regulate an individual’s propensity to further pursue those goals at future times. This emotional regulation of behavior helps explain the non-stationarity and switching observed between so-called “preferences” revealed in repeated decision dilemmas (e.g., by choosing A over B at time 1, then choosing B over A at time 2. We also explain how behavior regulation under dilemma conditions is affected by the set of available options and how the strength and decay rate of emotions affect the tendency to choose behaviors pursuant of extremely (rather than moderately different options over time. We discuss how emotional behavior regulation insights provided by our model can extend to a variety of topics including approach and avoidance, temptation and self-control, moral balancing, impulse buying and shopping momentum, dieting and exercise, work and leisure, sleep regulation, cooperation, and competition.

  8. Employee or independent contractor? A summary of court, umpire and referee decisions relating to employee status

    International Nuclear Information System (INIS)

    Baird, S.; Morris, M.

    1999-01-01

    Nine case examples of disputes regarding the distinction between contractor personnel and employee status were presented. The cases involved people hired for services by Sunstar Uniforms Inc., S.A.M. Distributors, Malibu Homes Construction Ltd., Perfect Drywall Co. Ltd., Tim Horton's, Badger Mechanical Services Whitecourt Ltd., Hostage Musical Group, a chocolate bar seller in Regina, and Normatec Consultants Inc. This presentation described the disputes for each unique case and presented the outcome as decided by the courts

  9. Employee or independent contractor? A summary of court, umpire and referee decisions relating to employee status

    Energy Technology Data Exchange (ETDEWEB)

    Baird, S.; Morris, M. [Alberta Labour, Edmonton, AB (Canada)

    1999-07-01

    Nine case examples of disputes regarding the distinction between contractor personnel and employee status were presented. The cases involved people hired for services by Sunstar Uniforms Inc., S.A.M. Distributors, Malibu Homes Construction Ltd., Perfect Drywall Co. Ltd., Tim Horton's, Badger Mechanical Services Whitecourt Ltd., Hostage Musical Group, a chocolate bar seller in Regina, and Normatec Consultants Inc. This presentation described the disputes for each unique case and presented the outcome as decided by the courts.

  10. Employee or independent contractor? A summary of court, umpire and referee decisions relating to employee status

    Energy Technology Data Exchange (ETDEWEB)

    Baird, S.; Morris, M. [Alberta Labour, Edmonton, AB (Canada)

    1999-10-01

    Nine case examples of disputes regarding the distinction between contractor personnel and employee status were presented. The cases involved people hired for services by Sunstar Uniforms Inc., S.A.M. Distributors, Malibu Homes Construction Ltd., Perfect Drywall Co. Ltd., Tim Horton`s, Badger Mechanical Services Whitecourt Ltd., Hostage Musical Group, a chocolate bar seller in Regina, and Normatec Consultants Inc. This presentation described the disputes for each unique case and presented the outcome as decided by the courts.

  11. 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...

  12. Impact of Regulation Change on Half-Court Offence in the Polish Basketball League

    Directory of Open Access Journals (Sweden)

    Gryko Karol

    2016-06-01

    Full Text Available Introduction. Each change in the rules of a sport affects the way it is performed. Therefore, changes in regulations require that new training models be developed. The aim of the study was to determine whether FIBA’s introduction of new regulations in the 2010/2011 season pertaining to the dimensions of certain parts of the playing area, which changed the conditions under which the game was played, impacted the offensive actions of the top three teams in the Polish Basketball League. Material and methods. The study analysed qualitative data describing the offences (n = 16,694 performed during 200 matches of the Polish Basketball League, that is the highest-level men’s professional basketball league in Poland, during two periods: the 2009/2010 season (110 matches; n = 9,343 offences, before the regulations were modified, and the 2010/2011 season (90 matches; n = 7,351 offences, after they were changed. The research involved the players of three teams who received the gold, silver, and bronze medals in the final standings of the Polish National Championship in the 2009/2010 season. Results. The study found a statistically significant (p < 0.001 decrease in the overall number of tactical offensive actions of 3.84% and a significant (p < 0.05 5% decrease in the mean number of points scored. A significant (p < 0.05 decrease in half-court offences, amounting to almost 2% was also observed. This offensive system was characterised by a minor shift toward individual offences with the back to the basket and pick-and-roll offences; these changes, however, did not cause an increase in the level of effectiveness. Conclusions. The direction of the changes observed have been determined, which consisted in a reduction in the overall number of offensive actions and a shift in the place where they were completed, from the three-point area in particular, to the two-point area.

  13. Control of decisions in proceedings at administrative courts relating to the Federal Act for Protection Against Nuisances and to the Atomic Energy Law

    International Nuclear Information System (INIS)

    Sellner, D.

    1980-01-01

    The author examines especially those lawsuits where the judicial decision depends - among other things - on the prior settling of most difficult technological questions. The decision on Kalkar given by the Federal Court of Justice is so important because it confirms that largely unclear legal terms are unobjectionable from the point of view of constitutional law. Using other findings, the author discusses the extension of legal protection as to include earlier stages of licensing procedures, foreclosure, the tightness of controls in case of review and subsequent assessment of difficult scientific or technological issues, risk assessment and its evaluation by the executive and judiciary. Law leaves final decision and assessment up to the executive power, the review of the framework up to the court. The problems mentioned can be solved without having to set up a science court or to install a judge who is an expert in technologies. (HSCH) [de

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

    Science.gov (United States)

    Bove, Kevin E; Iery, Clare

    2002-09-01

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

  15. The Italian regulation on Assisted Reproductive Technologies facing the European Court of Human Rights: the case of Costa and Pavan v. Italy.

    Science.gov (United States)

    Penasa, Simone

    2012-01-01

    This article will describe the current legal framework on Assisted Reproduction Technology (ART) regulation in Italy, taking into account recent case-law derived from the implementation of the Law 40 of 2004 on ART. Special attention will be devoted to the case of Costa and Pavan v. Italy, recently decided by the Tenth Session of the European Court of Human Rights (ECtHR). In that decision, the European Court declared the incompatibility of the ban to pre-implantation genetic diagnosis introduced by the abovementioned Italian law on ART. The case will be analysed from a dual perspective. On the one hand, it will be considered in the light of the ECtHR case-law, in order to derive systematic aspects of continuity or discontinuity between the former and the latter2. On the other hand, the case will be considered in the light of its concrete and prospective impact on the Italian legal approach to ART regulation, considering especially the direct and indirect influence of the case: e.g., its possible utilisation by Italian judges when they are called upon to implement Law 40.

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

    Directory of Open Access Journals (Sweden)

    Salma Marija

    2011-01-01

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

  17. Tax duties and entry into the cadastre of real estates: Commentary following the decision of the Constitutional Court of Serbia

    Directory of Open Access Journals (Sweden)

    Cvetić Radenka

    2013-01-01

    Full Text Available This article describes what happened to the rule according to which it was not possible to register property and related rights into the registry on real estates without a prior fulfillment of tax duties related to the transfer of property rights, as well as tax duties in relation to inheritance and donations. Inadequacy of this rule and its incompatibility with our legal system has been assessed through its inconsistency with the Constitutional guarantee on the peaceful enjoyment of property, but also with the property law. Along the same lines the article follows the reasons given by the Constitutional Court in its decision on the inconsistency of the given rule with the Constitution in which the Constitutional Court opined that the rule that was struck down was also contrary to certain principles of the cadastre on real estates, such as the principle of the entry into cadastre. Regardless of the fact that the old rule significantly facilitated tax collection, this still cannot justify its existence and should not serve as the ground for a possible (third re-introduction of this rule into the system.

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

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

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

  19. Decision of the court as a result of the occurence, change, termination and adjustment of subjective civil liability (theoretical and practical aspects

    Directory of Open Access Journals (Sweden)

    В. В. Надьон

    2017-12-01

    Full Text Available One of the main reasons for the occurence, change, termination and adjustment of subjective civil responsibility is a legal fact. Under the legal fact in theory, the specific circumstances envisaged by the rules of law are understood, with the occurrence, change and termination of legal relations. Often, subjective civil rights and responsibilities arise from obligations (contractual, non-contractual, as well as from a unilateral transaction. However, the Civil Code of Ukraine (hereinafter the Civil Code of Ukraine provided for the possibility of civil rights and responsibilities arising from acts of civil law (Part 3 of Article 11 of the Civil Code of Ukraine, as well as in cases established by acts of civil law, civil rights and responsibilities may arise from a court decision (Part 5 of Article 11 of the Civil Code of Ukraine. Concerning this provision in practical activity there are problematic issues, namely the possibility of generating court decisions of obligations Thus, the purpose of the article is to analyze the occurance, change, termination and adjustment of subjective responsibility by a court decision. Subjective responsibility  arises in a commitment (contractual or non-contractual. In case of non-fulfillment or improper performance of a subjective responsibility by the debtor, the creditor has the right to apply to the court for the protection of his violated right. In this case, the subjective responsibility that arose in a contractual obligation turns into civil liability, and with the decision of the court a new category of subjective responsibility arises, ie the category of responsibility is combined with the category of civil- legal liability. Consequently, a court decision gives rise to a new subjective responsibility, which must be performed voluntarily or by force. Consequently, in the cases of voluntary fulfillment by the obligated person of the main and additional responsibility, the category of responsibility is

  20. The Civil Marriage and the Constitution: the Constitutional Court decision on same-sex marriage in Chile

    Directory of Open Access Journals (Sweden)

    Jorge Contesse Singh

    2012-07-01

    Full Text Available This article briefly discusses the Chilean Constitutional Court’s decision regarding  the definition of marriage in Chile, which reserves the right to marry exclusively to a man and a woman. The article grounds the discussion on a robust conception of the equal dignity of individuals and analyzes the separate opinions of the justices of the Court, emphasizing some technical legal issues such as the prevalence of separate opinions and the references to international human rights law in almost all of them. The article argues that, considering the development of international human rights law and the crafting of claims as fundamental rights claims, it is only a matter of time before the legislature addresses the issue of same-sex marriage, following the Court’s statement that it is the legislature’s duty to do so.

  1. Against the wearing of anti-nuclear buttons by teachers. Hamburg Administrative Court, decision of March 6, 1979

    Energy Technology Data Exchange (ETDEWEB)

    1979-11-01

    In its decision the Administrative Court of Hamburg confirms the interdiction of the Hamburg School Board, directed to a mistress of a secondary school, from wearing the button 'Nuclear power - No, thanks' at school and in classrooms, and it dismisses the teacher's appeal. According to the Hamburg Law on Civil Servants, and as a civil servant, she has to exercise restraint with regard to political activities, i.e., she has to stop wearing this button. Considering carefully both, her duties with regard to the educational task incumbent on schools, and her basic right to express her opinion freely, it has to be considered that this restraint only refers to the service rendered by her in school. In addition, she may express her views during classroom discussions, too, or when she deals with this problem in class.

  2. Decision of the Federal Constitutional Court on the nuclear fuel tax. A threefold big bang; Entscheidung des Bundesverfassungsgerichts zur Kernbrennstoffsteuer. Dreifacher Paukenschlag

    Energy Technology Data Exchange (ETDEWEB)

    Leidinger, Tobias [Luther Rechtsanwaltsgesellschaft, Duesseldorf (Germany)

    2017-08-15

    With the decision of the Federal Constitutional Court (BVerfG, file number 2 BvL 6/13) published on 7 June the Federal Constitutional Court has ''tipped'' the so-called nuclear fuel tax levied by nuclear power plant operators from 2011 to the end of 2016 (tax revenues approx. 6.285 billion Euros). According to the court the Federal legislature does not has any legislative competence for the introduction of this tax. Including interest rates, the current tax debtors E.ON, RWE and EnBW are now refunded a total of just under Euro 7 billion of wrongly levied taxes for the years 2011 to 2016. In substance, the decision on the unconstitutionality and invalidity of the nuclear fuel tax is a threefold big bang.

  3. The role of express submission to jurisdiction under the Brussels I Regulation, Brussels I (Recast) and the Hague Convention on Choice of Court Agreements

    OpenAIRE

    2015-01-01

    LL.M. (International Commercial Law) This essay seeks to look at the role of express submission to jurisdictjon under the Brussels I Regulation,lthe Brussels I (recast) Regulation2 and the Hague Convention on Choice of Court Agreements.3 The express submission to jurisdiction under the three instruments mentioned in the previous sentence refers to the situation in which parties to an international commercial contract include in their contract a court of their choice to govern any disputes ...

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

    International Nuclear Information System (INIS)

    Mutius, A. von.

    1984-01-01

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

  5. The Effects of Five Ohio Supreme Court Decisions (1964-1980) Involving the Park Investment Company on Property Assessment and Taxation for Ohio Public Schools.

    Science.gov (United States)

    Morvai, Ronald L.; Dye, Charles M.

    This document reviews the results of a study of five Ohio Supreme Court cases concerning the equalization of property assessments among the various classes of real property: commercial, industrial, residential, and agricultural. Each of the decisions--occurring between 1964 and 1980, and involving the Park Investment Company--is briefly summarized…

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

    International Nuclear Information System (INIS)

    1998-01-01

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

  7. Attorney Argumentation and Supreme Court Opinions.

    Science.gov (United States)

    Benoit, William L.

    1989-01-01

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

  8. Regulatory behaviour under threat of court reversal

    DEFF Research Database (Denmark)

    Söderberg, Magnus; Menezes, Flavio; Santolino, Miguel

    2018-01-01

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

  9. Federal Administrative Court, decision of 7 December 1983 (nuclear power plant Grohnde)

    International Nuclear Information System (INIS)

    Anon.

    1984-01-01

    Regulations of the administrative procedure law prescribing the exclusion of objections in that procedure infringe the constitutional principle of due process of law (Art. 103 para 1 Basic Law), provided that objections pleaded in time are only permissible under conditions which are not compatible with a fair procedure as required by the principle of due process. (HP) [de

  10. Community legal borderlines for nationally arranged restraints of competition. Presented with the help of decisions of the European Court of Justice with special consideration of price regulations in energy law; Gemeinschaftsrechtliche Grenzen fuer staatlich veranlasste Wettbewerbsbeschraenkungen. Dargestellt anhand von Entscheidungen des EuGH unter besonderer Beruecksichtigung von Preisregelungen im Energierecht

    Energy Technology Data Exchange (ETDEWEB)

    Klasse, M.

    2006-07-01

    In the contribution under consideration, the author reports on the limits which are set by anti-competitive interventions of the member states of the European Community into the market. Following the introduction and the formulation of the problem, the contribution consists of the following chapters: (a) The limits of the nationally arranged restraints of competition in the jurisdiction of the European Court of Justice; (b) Limits of nationally arranged restraints of competition from factual norms of the European Community contract; (c) Commitment of the member states of the European Community to the free competition due to general fundamentals of the Community law; (d) Exceptions of the prohibition nationally arranged restraints of competitions; (e) Application of the competitional obligation from paragraph 10 section 2 of the European Community Contract.

  11. THE LEGAL PROTECTION FOR A GOOD FAITH BUYER UNDER A COURT DECISION

    Directory of Open Access Journals (Sweden)

    Muhammad Faisal

    2015-10-01

    Full Text Available There are various principles given in Indonesian Civil Code (KUHPerdata and HIR/RBg in providing legal protection on good faith purchaser, but all of these principles eventually dropped their pedestal on a judge’s verdict to decide whether or not the intention of the buyer is based on a good faith purchaser. There are also many factors that can influence the decision of a judge that can lead to different conceptions of the protection provided. In addition, the rapid development of the present law requires judges to review the general principles of law and also applying existing law theories in the making of their verdict. Permasalahan perlindungan hukum pembeli beritikad baik merupakan masalah yang cukup mendasar dalam hukum kita. Terdapat berbagai prinsip yang diberikan dalam KUHPerdata maupun HIR/RBg dalam mengupayakan perlindungan hukum pembeli beritikad baik, akan tetapi upaya-upaya tersebut pada akhirnya menjatuhkan tumpuannya pada putusan hakim untuk menilai beritikad baik atau tidaknya seseorang. Di sisi lain, terdapat banyak faktor yang mempengaruhi putusan seorang hakim sehingga apabila dikaitkan dengan itikad baik, dapat menimbulkan konsepsi yang berbeda-beda terhadap perlindungan yang diberikan. Selain itu, pesatnya perkembangan hukum sekarang ini mewajibkan hakim-hakim untuk mempelajari kembali asas-asas hukum serta menerapkan teori-teori hukum yang ada dalam membuat putusannya.

  12. THE LEGAL PROTECTION FOR A GOOD FAITH BUYER UNDER A COURT DECISION

    Directory of Open Access Journals (Sweden)

    Muhammad Faisal

    2015-10-01

    Full Text Available There are various principles given in Indonesian Civil Code (KUHPerdata and HIR/RBg in providing legal protection on good faith purchaser, but all of these principles eventually dropped their pedestal on a judge’s verdict to decide whether or not the intention of the buyer is based on a good faith purchaser. There are also many factors that can influence the decision of a judge that can lead to different conceptions of the protection provided. In addition, the rapid development of the present law requires judges to review the general principles of law and also applying existing law theories in the making of their verdict.   Permasalahan perlindungan hukum pembeli beritikad baik merupakan masalah yang cukup mendasar dalam hukum kita. Terdapat berbagai prinsip yang diberikan dalam KUHPerdata maupun HIR/RBg dalam mengupayakan perlindungan hukum pembeli beritikad baik, akan tetapi upaya-upaya tersebut pada akhirnya menjatuhkan tumpuannya pada putusan hakim untuk menilai beritikad baik atau tidaknya seseorang. Di sisi lain, terdapat banyak faktor yang mempengaruhi putusan seorang hakim sehingga apabila dikaitkan dengan itikad baik, dapat menimbulkan konsepsi yang berbeda-beda terhadap perlindungan yang diberikan. Selain itu, pesatnya perkembangan hukum sekarang ini mewajibkan hakim-hakim untuk mempelajari kembali asas-asas hukum serta menerapkan teori-teori hukum yang ada dalam membuat putusannya.

  13. Specificity of the links between workplace harassment and PTSD: primary results using court decisions, a pilot study in France.

    Science.gov (United States)

    Bonafons, Claire; Jehel, Louis; Coroller-Béquet, Alain

    2009-04-01

    France is one of the first countries to have passed specific legislation concerning "mental harassment" (In French the term used in the legislation is "harcèlement moral" referring to harassment or bullying leading to mental or psychological distress.) in the workplace. However, the definition of mental harassment at work remains fairly vague. It is, indeed, a complex issue, since no objective and precise consensual definition has been given so far. The objective of this study is to clarify the criteria that French judges consider as characteristic of mental harassment, and to check whether the specific links between mental harassment at work and PTSD pointed to in recent international studies have been taken into account. This study proposes the main lines for debate in countries that have not yet adopted legal clauses on mental harassment at work. Our study is based on a sample of 22 people who were legally recognised as having been mentally harassed at work; this sample is taken as representative of all court decisions passed on harassment and published as such on the French Ministry of Justice website. To establish whether they were considering a case of harassment, the judges based their decisions on the nature of the accusations. In all cases (22/22), the charges brought against the defendant had to do with offences against the employee's dignity. Five cases out of 22 dealt with an offence infringing their rights, 10 cases out of 22 related to the employee's future within the company being compromised, while half of the cases (11/22) concerned a deterioration in the person's health. In more than half of the cases, the judges also looked for other factors, such as repetition and duration of the period of harassment. Whenever the judges noted a deterioration in the victim's mental health, they also referred to medical certificates reporting anxio-depressive syndromes or psychological disorders without providing further detail. No PTSD-like symptomatology was

  14. Contemporary issues concerning informed consent in Japan based on a review of court decisions and characteristics of Japanese culture.

    Science.gov (United States)

    Masaki, Sakiko; Ishimoto, Hiroko; Asai, Atsushi

    2014-02-04

    Since Japan adopted the concept of informed consent from the West, its inappropriate acquisition from patients in the Japanese clinical setting has continued, due in part to cultural aspects. Here, we discuss the current status of and contemporary issues surrounding informed consent in Japan, and how these are influenced by Japanese culture. Current legal norms towards informed consent and information disclosure are obscure in Japan. For instance, physicians in Japan do not have a legal duty to inform patients of a cancer diagnosis. To gain a better understanding of these issues, we present five court decisions related to informed consent and information disclosure. We then discuss Japanese culture through reviews of published opinions and commentaries regarding how culture affects decision making and obtaining informed consent. We focus on two contemporary problems involving informed consent and relevant issues in clinical settings: the misuse of informed consent and persistence in obtaining consent. For the former issue, the phrase "informed consent" is often used to express an opportunity to disclose medical conditions and recommended treatment choices. The casual use of the expression "informed consent" likely reflects deep-rooted cultural influences. For the latter issue, physicians may try to obtain a signature by doing whatever it takes, lacking a deep understanding of important ethical principles, such as protecting human dignity, serving the patient's best interest, and doing no harm in decision-making for patients.There is clearly a misunderstanding of the concept of informed consent and a lack of complete understanding of ethical principles among Japanese healthcare professionals. Although similar in some respects to informed consent as it originated in the United States, our review makes it clear that informed consent in Japan has clear distinguishing features. Japanese healthcare professionals should aim to understand the basic nature of informed

  15. Regulation of experienced and anticipated regret in daily decision making.

    Science.gov (United States)

    Bjälkebring, Pär; Västfjäll, Daniel; Svenson, Ola; Slovic, Paul

    2016-04-01

    Decisions were sampled from 108 participants during 8 days using a web-based diary method. Each day participants rated experienced regret for a decision made, as well as forecasted regret for a decision to be made. Participants also indicated to what extent they used different strategies to prevent or regulate regret. Participants regretted 30% of decisions and forecasted regret in 70% of future decisions, indicating both that regret is relatively prevalent in daily decisions but also that experienced regret was less frequent than forecasted regret. In addition, a number of decision-specific regulation and prevention strategies were successfully used by the participants to minimize regret and negative emotions in daily decision making. Overall, these results suggest that regulation and prevention of regret are important strategies in many of our daily decisions. (c) 2016 APA, all rights reserved).

  16. 78 FR 69647 - Drill Pipe From the People's Republic of China: Notice of Court Decision Not in Harmony With...

    Science.gov (United States)

    2013-11-20

    ... States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), as clarified by Diamond Sawblades Mfrs. Coalition v..., v. United States, Court No. 11-00081, Slip op. 12-141 (CIT 2012), dated May 13, 2013 (``Remand...

  17. 76 FR 27991 - Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Notice of Court Decision...

    Science.gov (United States)

    2011-05-13

    ...) (``Timken''), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, F.3d, Court No. 2010-1024... this administrative review with no history of a calculated margin a separate rate of 4.57 percent, \\2...

  18. German Federal Constitutional Court decision of May 22, 1990. On the right of the Federal Government to issue instructions in the field of commission administration

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    The Federal Constitutional Court discusses questions relating to the distribution of competence in the field of commission administration pursuant to Article 85 of the Basic Law ('Grundgesetz') in connection with a specific licensing procedure under atomic law (Kalkar). Under Art. 85 of the Basic Law executive competence is assigned irrevocably to the individual State, whereas substantive competence is always only assigned to the State insofar as it is not claimed by Federal Government. The decision further reviews questions of: Legal injury through federal instruction pursuant to Article 85 (3) of the Basic Law; a claimable right to the substantively lawful execution of the authority to instruct or even a right to sue for an injunction in the case of an infringement of the Constitution or of a basic right and associated boundary questions; the nedessity of clarity of instructions; and the obligation of Federal Government to act in a manner conducive to the promotion of the interests of the Federation as such. The Court also made it clear that the limits to the influence of the state on the rights of the individual derived from the principle of the Rule of Law do not apply to questions concerning competence in the Federation-State relationship. [Reference: Federal Constitutional Court 2 BvG 1/88, decision of May 22, 1990]. (RST) [de

  19. [In the absence of a bioethics debate. Comments on the Decision of the Constitutional Division of the Supreme Court of Justice of Costa Rica on the prohibition against in vitro fertilization].

    Science.gov (United States)

    Valerio, C

    2001-01-01

    The ruling by Costa Rica's Constitutional Court on the prohibition of in vitro fertilisation is a consequence of the negligible development of Bioethics, the lack of public debate on the issue and the absence of adequate regulation. Prohibition of such a vital medical technique represents an abuse of power by the courts, and thus curtails other fundamental rights, research, progress and bioethics' debate.

  20. Consequences of the Federal Administrative Court decisions about the Biblis on-site interim store and the 'Biblis condition' as seen by the Nuclear Regulatory Authority of the State of Baden-Wuerttemberg; Folgerungen aus den Urteilen des Bundesverwaltungsgerichts zum Standortzwischenlager Biblis und zur 'Biblis-Auflage' aus der Sicht der Atomaufsichtsbehoerde des Landes Baden-Wuerttemberg

    Energy Technology Data Exchange (ETDEWEB)

    Rauscher, Dieter [Umweltministerium Baden-Wuerttemberg, Stuttgart (Germany)

    2009-03-15

    On March 17, 2005, the Baden-Wuerttemberg State Ministry of Economics, following instructions by the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMU), imposed an ex-post-facto condition on the licensee of the Philippsburg Units 1 and 2 nuclear power station. Its content can be summed up as follows: In case of deviations from criteria specified in the license which are relevant to accident management, the plant must be shut down. In case of suspicion that, for whatever reason, accident management could be doubtful, accident management must be demonstrated to function; failing this, the plant must be shut down. In a decision of February 26, 2007, the Baden-Wuerttemberg State Court of Administration set this condition aside. The Federal Administrative Court, in its ruling of April 10, 2008, essentially confirmed the decision of the court of first instance. Both decisions are analyzed. Licensees and public authorities are shown the general framework of administrative law within which their relations are regulated. Another subject covered is jurisdiction about provisions against damage in connection with the ruling of the Federal Administrative Court of April 10, 2008 in the matter of the Brunsbuettel interim store. The court comments on the question of provision against damage in the area of protection, develops the dogma from scratch again as to the borderlines separating provisions against damage from residual risk and, within this framework, addresses the problem of third-party action against execution, especially so with respect to protection. The question of possible repercussions upon practice is discussed also for this court ruling. (orig.)

  1. The decision making in the nuclear regulations

    International Nuclear Information System (INIS)

    2005-01-01

    This document describes some parameters and fundamental criteria which should be taken into account by the safety authorities in the decision making. Added to these principles, internal procedures, devoted to an integrated framework of decision making, should be implemented. This presentation is based on the study realized by an experts Group of the Nuclear Energy Agency. (A.L.B.)

  2. 76 FR 53409 - Wooden Bedroom Furniture From the People's Republic of China: Corrected Notice of Court Decision...

    Science.gov (United States)

    2011-08-26

    ... International Ltd. (``Evergreen'') and Jayaraja Furniture (``Jayayraja'') from the surrogate financial ratio..., Nizamuddin and Swaran) to derive the financial ratios pursuant to the lower Court's order in Dorbest II.\\14... Department also recalculated the surrogate financial ratios applied to Dorbest, and re-included the financial...

  3. Features Of The Legal Practices Application In The Decisions Of The Township Courts In Russia In The Nineteenth Century

    Directory of Open Access Journals (Sweden)

    Nadezhda V. Dashkovskaya

    2014-12-01

    Full Text Available In the present article the concept of legal custom as a source of law is researched. The role of legal customs in Russian Empire is shown. It is proved that during the Russian Empire period legal custom played an important role in the legal system, being one of the building blocks. Peculiarities of township courts activity are researched. Significance of legal customs for proceedings in the township courts is shown. For the importance of township courts in the Russian Empire played the fact that in their work they used existing among peasants customs and it was sanctioned by the authorities. Author stresses out that by recognizing custom, state thus authorizes current pattern of behavior in the society, a way of resolve conflicts that to the greatest extent are consistent with the understanding of justice by the society. To the legal custom, following features: custom is formed as a result of certain action frequent repetition; the source of the legal custom formation is a social consciousness; customs largely reflect the level of the society development at the particular stage; customs has quite a local character; customs reflect collective understanding on the fair nature of law. In the article two features which the judicial system of the Russian Empire had in the post-reform period: presence of class township courts as a class judiciary and application of legal customs to the township courts are noted. Combination of these two features allowed government to preserve patriarchal relations in the countryside. Such conservation, to some extent, was contrary to the liberal orientation of the "great reforms" of Alexander II, hindered development of the capitalist relations in the country, delaying implementation of the judicial reform principles.

  4. Health care M&A advisory alert: Delaware court decision illustrates importance of specialized due diligence on Medicare/Medicaid issues in health care acquisition.

    Science.gov (United States)

    Vernaglia, Lawrence W; Herman, Dimitry S; Ziegler, Rachel Schneller

    2005-01-01

    Lawyers and clients contemplating a health care transaction must have a strong working knowledge not only of the applicable law, but also of the provider's needs and culture. As illustrated by a recent Delaware court decision, Interim Healthcare, Inc. et al. v. Spherion Corporation, parties engaging in health care provider acquisitions are well advised to select a team of experienced business and legal advisors with specialized knowledge in health care practices that can find and address any suspicious activities before it is too late.

  5. SPECIALIZED COURTS OF THE EUROPEAN UNION

    Directory of Open Access Journals (Sweden)

    Ioana Nely Militaru

    2013-11-01

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

  6. Risk regulation in environment, health and safety : Decision in the face of uncertainty

    Energy Technology Data Exchange (ETDEWEB)

    Ettlinger, L A [The Oxford Group, Baltimore, MD (United States)

    1999-12-01

    Regulations that use or refer to the concept of 'risk' are becoming more popular with both the U.S. Congress and Government agencies -- and are often being challenged in the courts. Proponents of stronger regulation suggest that there are significant threats to life and health that receive little or no attention from both elected officials and regulators, whereas advocates of less intensive government intervention point to regulations that impose high costs with little or no benefit. Usually, both the costs and the benefits are highly uncertain. This paper assumes for the purpose of argument that both proponents and opponents can find many cases where their respective arguments have merit. We also assume that both criticisms of the status quo have a large constituency within the public. If these assumption are valid, then a policy problem is created whereby decision makers are being asked, in the face of significant uncertainty, when to regulate, and at what level of specificity to regulate. The purposes of this paper are to offer some fresh ideas about why these problems arise, shed some light on decision making within the Congress, the regulatory agencies and the courts, and offer some practical steps that could be taken to reform the present system of regulation. Our central observation is that disputes arise as to the efficacy of risk regulations (in the face of uncertainty) because of the difficulties citizens face in determining whether either those who cause risks or those who are responsible for mitigating them are acting in the citizen's best interest. These regulations contain issues which typically deal with subjects containing substantial, unresolvable technical and scientific uncertainties. Because of this inherent uncertainty, the relationships between citizens and regulators, with elected officials in the middle, becomes an especially difficult form of agent relationship. We conclude that the problems associated with this agent relationship are

  7. Risk regulation in environment, health and safety : Decision in the face of uncertainty

    Energy Technology Data Exchange (ETDEWEB)

    Ettlinger, L.A. [The Oxford Group, Baltimore, MD (United States)

    1999-12-01

    Regulations that use or refer to the concept of 'risk' are becoming more popular with both the U.S. Congress and Government agencies -- and are often being challenged in the courts. Proponents of stronger regulation suggest that there are significant threats to life and health that receive little or no attention from both elected officials and regulators, whereas advocates of less intensive government intervention point to regulations that impose high costs with little or no benefit. Usually, both the costs and the benefits are highly uncertain. This paper assumes for the purpose of argument that both proponents and opponents can find many cases where their respective arguments have merit. We also assume that both criticisms of the status quo have a large constituency within the public. If these assumption are valid, then a policy problem is created whereby decision makers are being asked, in the face of significant uncertainty, when to regulate, and at what level of specificity to regulate. The purposes of this paper are to offer some fresh ideas about why these problems arise, shed some light on decision making within the Congress, the regulatory agencies and the courts, and offer some practical steps that could be taken to reform the present system of regulation. Our central observation is that disputes arise as to the efficacy of risk regulations (in the face of uncertainty) because of the difficulties citizens face in determining whether either those who cause risks or those who are responsible for mitigating them are acting in the citizen's best interest. These regulations contain issues which typically deal with subjects containing substantial, unresolvable technical and scientific uncertainties. Because of this inherent uncertainty, the relationships between citizens and regulators, with elected officials in the middle, becomes an especially difficult form of agent relationship. We conclude that the problems associated with this agent

  8. Risk regulation in environment, health and safety : Decision in the face of uncertainty

    International Nuclear Information System (INIS)

    Ettlinger, L.A.

    1999-01-01

    Regulations that use or refer to the concept of 'risk' are becoming more popular with both the U.S. Congress and Government agencies -- and are often being challenged in the courts. Proponents of stronger regulation suggest that there are significant threats to life and health that receive little or no attention from both elected officials and regulators, whereas advocates of less intensive government intervention point to regulations that impose high costs with little or no benefit. Usually, both the costs and the benefits are highly uncertain. This paper assumes for the purpose of argument that both proponents and opponents can find many cases where their respective arguments have merit. We also assume that both criticisms of the status quo have a large constituency within the public. If these assumption are valid, then a policy problem is created whereby decision makers are being asked, in the face of significant uncertainty, when to regulate, and at what level of specificity to regulate. The purposes of this paper are to offer some fresh ideas about why these problems arise, shed some light on decision making within the Congress, the regulatory agencies and the courts, and offer some practical steps that could be taken to reform the present system of regulation. Our central observation is that disputes arise as to the efficacy of risk regulations (in the face of uncertainty) because of the difficulties citizens face in determining whether either those who cause risks or those who are responsible for mitigating them are acting in the citizen's best interest. These regulations contain issues which typically deal with subjects containing substantial, unresolvable technical and scientific uncertainties. Because of this inherent uncertainty, the relationships between citizens and regulators, with elected officials in the middle, becomes an especially difficult form of agent relationship. We conclude that the problems associated with this agent relationship are

  9. Knightian uncertainty and insurance regulation decision

    NARCIS (Netherlands)

    Chen, A.; Su, X.

    2008-01-01

    In contrast to insurance companies, regulatory authorities or regulators can obtain only limited information about the companies' value. It hence leads to some effects on the regulation design, which is however often overlooked in the literature. This paper characterizes the limited/imperfect

  10. Supreme Court Review

    Science.gov (United States)

    Williams, Charles F.

    2009-01-01

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

  11. Effect of regulating anger and sadness on decision-making.

    Science.gov (United States)

    Szasz, Paul Lucian; Hofmann, Stefan G; Heilman, Renata M; Curtiss, Joshua

    2016-11-01

    The aim of the current study was to investigate the effects of reappraisal, acceptance, and rumination for regulating anger and sadness on decision-making. Participants (N = 165) were asked to recall two autobiographical events in which they felt intense anger and sadness, respectively. Participants were then instructed to reappraise, accept, ruminate, or not use any strategies to regulate their feelings of anger and sadness. Following this manipulation, risk aversion, and decision-making strategies were measured using a computer-based measure of risk-taking and a simulated real-life decision-making task. Participants who were instructed to reappraise their emotions showed the least anger and sadness, the most adaptive decision-making strategies, but the least risk aversion as compared to the participants in the other conditions. These findings suggest that emotion regulation strategies of negative affective states have an immediate effect on decision-making and risk-taking behaviors.

  12. Federal Court of Administration confirms preclusion of objections

    International Nuclear Information System (INIS)

    1982-01-01

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

  13. Emotions and Emotion Regulation in Economic Decision Making

    OpenAIRE

    Astor, Philipp J.

    2013-01-01

    By employing the methodology of experimental economics, the thesis examines the influence of emotions on decision making in electronic auction markets. Subjects' emotional processes are measured by psychophysiological indicators, helping to decipher the coherence of information, emotion (regulation) and decision making. Four chapters build the main body of the thesis and all are constructed similarly: introduction, design, method, results, limitations, theoretical and managerial implications.

  14. 76 FR 35401 - Ball Bearings and Parts Thereof From Japan and the United Kingdom: Notice of Court Decision Not...

    Science.gov (United States)

    2011-06-17

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

  15. Affective Biases and Heuristics in Decision Making : Emotion regulation as a factor for decision making competence

    OpenAIRE

    Hagman, William

    2013-01-01

    Stanovich and West (2008) explored if measures of cognitive ability ignored some important aspects of thinking itself, namely that cognitive ability alone is not enough to generally prevent biased thinking. In this thesis a series of decision making (DM) tasks is tested to see if emotion regulation (ER) is a factor for the decision process and therefore should be a measured in decision making competence. A set of DM tasks was compiled involving both affective and cognitive dimensions. 400 par...

  16. THEORETICAL AND JURISPRUDENTIAL ASPECTS CONCERNING THE CONSTITUTIONALITY OF THE COURT APPEAL ON POINTS OF LAW

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2014-05-01

    Full Text Available The institution of the appeal on points of law has the role to ensure a unitary law interpretation and enforcing by the law courts. The legal nature of this procedure is determined not only by the civil and criminal normative dispositions that regulate it. In this study we bring arguments according to which this institution is of a constitutional nature, because according to the Constitution, the High Court of Cassation and Justice has the attribution to ensure the unitary interpretation of the law by the law courts. Thus are analyzed the constitutional nature consequences of this institution, the limits of compulsoriness of law interpretations given by the Supreme Court through the decisions ruled on this procedure, and also the relationship between the decisions of the Constitutional Court, respectively the decisions of the High Court of Cassation and Justice given for resolving the appeals on points of law. The recent jurisprudence of the Constitutional Court reveals new aspects regarding the possibility to verify the constitutionality of the decisions given in this matter.

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

    NARCIS (Netherlands)

    Brölmann, C.

    2012-01-01

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

  18. Neural mechanisms of emotional regulation and decision making

    OpenAIRE

    Gospic, Katarina

    2011-01-01

    Emotions influence our perception and decision making. It is of great importance to understand the neurophysiology behind these processes as they influence human core functions. Moreover, knowledge within this field is required in order to develop new medical therapies for pathological conditions that involve dysregulation of emotions. In this thesis the neural mechanisms of emotional regulation and decision making were investigated using different pharmacological manipul...

  19. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

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

  20. 78 FR 72862 - Wooden Bedroom Furniture From the People's Republic of China: Notice of Court Decision Not in...

    Science.gov (United States)

    2013-12-04

    ... surrogate financial ratios by excluding in the calculation of ratios the financial statements of one company... inputs, poly foam, and the calculation of the surrogate financial ratios, constitutes a final decision of...

  1. European Council’s member states’ jurisdiction regarding the execution of court decisions and it’s issues

    Directory of Open Access Journals (Sweden)

    Alkelina Gazidede

    2016-01-01

    This paper aimes to analyze the legal system of member states regarding the reinforcment of decisions looking forword to identify issues, commonalities and diferences among states. What is the procedure followed in the process of execution? What do we understand with “Reasonable timeframe” and which are the legal requirements in which are based “Concrete deadlines” within a judicial decision should be executed? What is the significance of the enforcment agents in this process?

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

    Directory of Open Access Journals (Sweden)

    Vicki Banham

    2017-09-01

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

  3. 78 FR 30271 - Stainless Steel Plate in Coils From Belgium, South Africa, and Taiwan: Notice of Court Decision...

    Science.gov (United States)

    2013-05-22

    ... DEPARTMENT OF COMMERCE International Trade Administration [A-423-808, A-791-805, C-791-806, A-583... Decision AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY... Operations, Office 8, Import Administration--International Trade Administration, U.S. Department of Commerce...

  4. 78 FR 44928 - Fresh Garlic From the People's Republic of China: Notice of Court Decision Not in Harmony With...

    Science.gov (United States)

    2013-07-25

    ... clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond... garlic filed a complaint with the CIT to challenge various aspects of the Final Results and Amended Final... administrative remedies to challenge surrogate value decisions concerning the cardboard packing cartons and...

  5. Hardships of end-of-life care with court-appointed guardians.

    Science.gov (United States)

    Hastings, Kylie B

    2014-02-01

    In the United States, the court-appointed guardians do not have the ability to make decisions regarding end-of-life (EOL) care for their clients. Additionally, the process of initiating EOL care measures can be slow and cumbersome, despite an existing process of getting approval for such care. This process has the potential to prolong suffering and delay imperative decisions. This article reviews the hardships that patients, court-appointed guardians, and health care staff endure while moving through the oppressive process of obtaining EOL care orders through the court. This article also proposes ways of tuning up the laws, regulations, and communications to make it easier and faster to obtain orders regarding EOL care to preserve the dignity of our patients and loved ones. "A guardianship is a legal relationship created when a person or institution named in a will or assigned by the court to take care of minor children or incompetent adults."

  6. Regulator Loss Functions and Hierarchical Modeling for Safety Decision Making.

    Science.gov (United States)

    Hatfield, Laura A; Baugh, Christine M; Azzone, Vanessa; Normand, Sharon-Lise T

    2017-07-01

    Regulators must act to protect the public when evidence indicates safety problems with medical devices. This requires complex tradeoffs among risks and benefits, which conventional safety surveillance methods do not incorporate. To combine explicit regulator loss functions with statistical evidence on medical device safety signals to improve decision making. In the Hospital Cost and Utilization Project National Inpatient Sample, we select pediatric inpatient admissions and identify adverse medical device events (AMDEs). We fit hierarchical Bayesian models to the annual hospital-level AMDE rates, accounting for patient and hospital characteristics. These models produce expected AMDE rates (a safety target), against which we compare the observed rates in a test year to compute a safety signal. We specify a set of loss functions that quantify the costs and benefits of each action as a function of the safety signal. We integrate the loss functions over the posterior distribution of the safety signal to obtain the posterior (Bayes) risk; the preferred action has the smallest Bayes risk. Using simulation and an analysis of AMDE data, we compare our minimum-risk decisions to a conventional Z score approach for classifying safety signals. The 2 rules produced different actions for nearly half of hospitals (45%). In the simulation, decisions that minimize Bayes risk outperform Z score-based decisions, even when the loss functions or hierarchical models are misspecified. Our method is sensitive to the choice of loss functions; eliciting quantitative inputs to the loss functions from regulators is challenging. A decision-theoretic approach to acting on safety signals is potentially promising but requires careful specification of loss functions in consultation with subject matter experts.

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

    Science.gov (United States)

    Grosse, Claudia; Grosse, Alexandra

    2015-10-01

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

  8. The Repercussion of the False Memories Syndrome in the Eyewitness Testimony: an Analysis of Decisions from the Rio Grande do Sul State Court

    Directory of Open Access Journals (Sweden)

    Flaviane Baldasso

    2018-03-01

    Full Text Available False memories are distortions of memory that can impact decisively on the evaluation of a criminal event of interest to the criminal system. Despite the growing interest in the subject, few empirical works have explored the practical consequences of the phenomenon. Along with, the question is if it is possible to measure the repercussion for our criminal proceedings, as well if the theses concerning false memories have been accepted by the Judiciary and in which cases. The present article intends to analyze the repercussion of the phenomenon of false memories, in terms of testimonial evidence, from 437 judgments of the Court of Justice of Rio Grande do Sul. Using the content analysis methodology of Lawrence Bardin, we explored the types of crimes in which the false memories argument has been used, if the hypothesis of this distortion has sensitized the judges, as well as if the analyzes of the judges have been supported in the bibliographical production on the psychology of the testimony. From the numbers raised, it was possible to perceive a considerable increase in the invocation of the argument of the False Memories, but this has not been reversed in the promotion of freedom in the scope of the gaucho penal process.

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

    NARCIS (Netherlands)

    Jonker, M.; Tigchelaar, H.

    2016-01-01

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

  10. Court of Appeals Decision Upholding PSD Actual to Potential Applicability Rules Puerto Rican Cement Co., Inc. v. EPA

    Science.gov (United States)

    This document may be of assistance in applying the New Source Review (NSR) air permitting regulations including the Prevention of Significant Deterioration (PSD) requirements. This document is part of the NSR Policy and Guidance Database. Some documents in the database are a scanned or retyped version of a paper photocopy of the original. Although we have taken considerable effort to quality assure the documents, some may contain typographical errors. Contact the office that issued the document if you need a copy of the original.

  11. Higher Administrative Court of North-Rhine Westphalia. Decision of October 22, 1987 - 21 A 330/87

    International Nuclear Information System (INIS)

    Anon.

    1988-01-01

    The erection of an edifice to be used for private storage of transport containers with irradiated fuel elements from light-water-moderated reactors is a fit object for a construction permit. The construction permit has no binding effect regarding the procedure for the licensing of the unit under section 6 of the Atomic Energy Law; the two licenses are issued in parallel. In the case of 'dry' storage of irradiated fuel elements in transport containers, the construction supervising authority can restrict itself to verifying whether the demands on the site and execution of the building to be made in case of such uses have been met and can reserve to the nuclear licensing procedure the decision about demands to be made on the safety of containers according to section 6, subsection 2, numbers 2 and 4 of the Atomic Energy Law. The resulting restriction of the regulatory content of the law by the construction permit does not entail a gap in the verification on the part of the authorities. (orig./HSCH) [de

  12. ANNOTATION TAKEN, IN THE PERSPECTIVE OF CRIMINAL AND CONSTITUTIONAL LAW, AS WELL AS IN CRIMINOLOGY, TO THE DECISION OF THE PORTUGUESE CONSTITUTIONAL COURT, OF JANUARY 13, 2011--WITH RESPECT TO THE PROBLEMS OF "CONSENT" AND "MEDICAL ACT".

    Science.gov (United States)

    Bandeira, Gonçalo S de Melo

    2014-07-01

    1--Summary of the decision taken by the Portuguese Constitutional Court, of January 13, 2011; 2--Complete text of the decision of the Portuguese Constitutional Court, of January 13, 2011, Judge Maria João ANTUNES (Reporter), Judge Carlos Pamplona de OLIVEIRA, Judge José Borges SOEIRO, Judge Gil GALVÃO, Judge Rui Manuel Moura RAMOS (President)--in terms of the appositive declaration to the sentence n. 487/2010: t.c.http://www. tribunalconstitucional.pt, August 1, 2011; 3--Brief annotation to the problem of the "medical act"; 3.1--Plus some conclusions on the brief annotation to the problem of the "medical act"; 3.2--Brief annotation to the problem of "consent"--continuation of the previous comments; 4--Conclusions. It must never be forgotten that "consent" does not stand as the only cause of exclusion of unlawfulness.

  13. Emotion regulation and decision making under risk and uncertainty.

    Science.gov (United States)

    Heilman, Renata M; Crişan, Liviu G; Houser, Daniel; Miclea, Mircea; Miu, Andrei C

    2010-04-01

    It is well established that emotion plays a key role in human social and economic decision making. The recent literature on emotion regulation (ER), however, highlights that humans typically make efforts to control emotion experiences. This leaves open the possibility that decision effects previously attributed to acute emotion may be a consequence of acute ER strategies such as cognitive reappraisal and expressive suppression. In Study 1, we manipulated ER of laboratory-induced fear and disgust, and found that the cognitive reappraisal of these negative emotions promotes risky decisions (reduces risk aversion) in the Balloon Analogue Risk Task and is associated with increased performance in the prehunch/hunch period of the Iowa Gambling Task. In Study 2, we found that naturally occurring negative emotions also increase risk aversion in Balloon Analogue Risk Task, but the incidental use of cognitive reappraisal of emotions impedes this effect. We offer evidence that the increased effectiveness of cognitive reappraisal in reducing the experience of emotions underlies its beneficial effects on decision making. Copyright 2010 APA, all rights reserved.

  14. Educational Malpractice: Why the Courts Say No.

    Science.gov (United States)

    Hammes, Richard

    1989-01-01

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

  15. The Control of Environment Management Through Administrative Court

    Science.gov (United States)

    Putrijanti, Aju

    2018-02-01

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

  16. 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.

  17. At the Supreme Court.

    Science.gov (United States)

    Williams, Charles F.

    2000-01-01

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

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

    Science.gov (United States)

    Sheridan, William H.; Freer, Alice B.

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

  19. Congress, courts, and commerce: upholding the individual mandate to protect the public's health.

    Science.gov (United States)

    Hodge, James G; Brown, Erin C Fuse; Orenstein, Daniel G; O'Keefe, Sarah

    2011-01-01

    Among multiple legal challenges to the Patient Protection and Affordable Care Act (PPACA) is the premise that PPACA's "individual mandate" (requiring all individuals to obtain health insurance by 2014 or face civil penalties) is inviolate of Congress' interstate commerce powers because Congress lacks the power to regulate commercial "inactivity." Several courts initially considering this argument have rejected it, but federal district courts in Virginia and Florida have concurred, leading to numerous appeals and prospective review of the United States Supreme Court. Despite creative arguments, the dispositive constitutional question is not whether Congress' interstate commerce power extends to commercial inactivity. Rather, it is whether Congress may regulate individual decisions with significant economic ramifications in the interests of protecting and promoting the public's health. This article offers a counter-interpretation of the scope of Congress' interstate commerce power to regulate in furtherance of the public's health. © 2011 American Society of Law, Medicine & Ethics, Inc.

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

    Directory of Open Access Journals (Sweden)

    Romana Reva

    2016-04-01

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

  1. The Hidden Risk Decisions in Waste Repository Regulation

    International Nuclear Information System (INIS)

    Frishman, Steve

    2001-01-01

    The move toward risk-informed, performance-based regulation of activities involving radioactive materials is becoming wide spread and broadly applied. While this approach may have some merit in specific applications in which there is a considerable body of experience, its strict application in regulation of geologic repositories for highly radioactive wastes may not be appropriate for this unproven and socially controversial technology. The U.S. Nuclear Regulatory Commission describes risk-informed, performance-based regulation as 'an approach in which risk insights, engineering analysis and judgement (eg. defense in depth), and performance history are used to (1) focus attention on the most important activities, (2) establish objective criteria based upon risk insights for evaluating performance, (3) develop measurable or calculable parameters for monitoring system and licensee performance, and (4) focus on the results as the primary basis for regulatory decision-making.' Both the risk-informed and performance-based elements of the approach are problematic when considering regulation of geologic repositories for highly radioactive wastes - an activity yet to be accomplished by any nation. In investigating potential sites for geologic repositories there will always be residual uncertainty in understanding the natural system and the events and processes that affect it. The more complex the natural system, the greater will be the uncertainty in both the data and the models used to describe the characteristics of the site's natural barriers, and the events and processes that could affect repository waste isolation. The engineered barriers also are subject to uncertainties that are important to the repository system. These uncertainties translate themselves into a range of probabilities that certain events or processes, detrimental to waste isolation, will occur. The uncertainties also translate to a range of consequences and magnitudes of consequences, should the

  2. Making decisions about decision-making: conscience, regulation, and the law.

    Science.gov (United States)

    Miola, José

    2015-01-01

    The exercise of conscience can have far reaching effects. Poor behaviour can be fatal, as it has occurred in various medical scandals over the years. This article takes a wide definition of conscience as its starting point, and argues that the decision-making processes open to society--legal regulation and professional regulation--can serve to limit the options available to an individual and thus her ability to exercise her conscience. The article charts the law's changing attitude to legal intervention, which now seeks to limit the use of conscience by individuals, and addresses concerns that this may serve to 'de-moralise' medicine. It also examines the reasons for this legal change of approach. © The Author [2015]. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

  3. Access to medical-assisted reproduction and pgd in Italian law: a deadly blow to an illiberal statute? commentary to the European Court on Human Rights's decision Costa and Pavan v Italy (ECtHR, 28 August 2012, App. 54270/2010).

    Science.gov (United States)

    Biondi, Stefano

    2013-01-01

    This article provides an account of the European Court on Human Rights' Second Section decision in the case Costa and Pavan v Italy. The judgment found that the Italian Statute on Assisted Reproduction (Law 40/2004), and particularly its prohibition to use in vitro fertilisation and pre-implantation genetic diagnosis (PGD) to prevent the birth of children affected by genetically transmissible conditions, breached Article 8 of the European Convention on Human Rights (ECHR). In fact, the statute in question permits only infertile people to access medically assisted reproduction techniques and forbids PGD and embryo selection. The Court regarded that the rationale of these prohibitions-identified by the Italian Government with the need to prevent eugenic practices as well as to protect the health of the unborn and of the woman-was at odds with the fact that Italian law allows pre-natal screening and therapeutic abortions in case foetal abnormalities are diagnosed. In order to clarify the decision's significance, the paper goes on to analyse the rationale of Law 40/2004 in the Italian legal and political context. Emphasis is placed on the fact that this statute is extremely controversial at domestic level, because many of its provisions-including those considered by the Strasbourg Court-are inherently contradictory and contrast with the settled constitutional principles on abortion, as many domestic authorities highlighted. In this context, should the commented decision be confirmed by the Grand Chamber, it may provide a basis to bring consistency back to the Italian regulation of assisted reproduction. Finally, the paper considers the appeal lodged by the Italian Government to the Grand Chamber, and in particular the contention that the European Court had failed to respect Italy's margin of appreciation. In this regard, it is argued that, under Law 40/2004, individuals face illogical and discriminatory restrictions to their right to private and family life and that

  4. 30 CFR 250.104 - How may I appeal a decision made under MMS regulations?

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 2 2010-07-01 2010-07-01 false How may I appeal a decision made under MMS... of Terms § 250.104 How may I appeal a decision made under MMS regulations? To appeal orders or decisions issued under MMS regulations in 30 CFR parts 250 to 282, follow the procedures in 30 CFR part 290. ...

  5. O princípio da capacidade contributiva na jurisprudência do Supremo Tribunal Federal The ability to pay principle in the decisions of the Brazilian Supreme Court

    Directory of Open Access Journals (Sweden)

    Leonel Cesarino Pessôa

    2009-06-01

    Full Text Available O objetivo deste trabalho é analisar a aplicação do princípio da capacidade contributiva pelo Supremo Tribunal Federal. A partir de uma pesquisa realizada no site do tribunal, foram verificadas setenta ocorrências das palavras-chave " capacidade contributiva" nos acórdãos da suprema corte brasileira até novembro de 2008. Para analisar as decisões, partiu-se dos trabalhos de alguns juristas italianos, em especial de Pietro Boria, que procuraram mostrar como, na itália, o princípio da capacidade contributiva foi aplicado tanto na proteção do interesse do contribuinte, como na proteção do interesse do fisco. Os acórdãos foram divididos em cinco grupos de acordo com o interesse protegido e a matéria envolvida. Concluiu-se que, no Brasil, ainda que, às vezes, o princípio tenha sido utilizado na proteção do interesse do contribuinte, foi quase sempre aplicado para a proteção do interesse do fisco.The objective of this paper is to analyze the application of the 'ability to pay' principle to decisions of the Brazilian Supreme Court. In research carried out on the court website, the term 'ability to pay' appeared 70 times in court decisions, until November, 2008. In order to analyze the decisions, I began with texts from Italian jurists, especially Pietro Boria, who sought to demonstrate that the ability to pay principle in Italy is applied both in the protection of taxpayer interests as well as the protection of the state. Decisions were divided into five groups, according to the interest protected and the subject involved. I concluded that, although some times the principle has been applied in the protection of the taxpayer interests, it was almost always applied in the protection of the state interests.

  6. Love as a regulative ideal in surrogate decision making.

    Science.gov (United States)

    Stonestreet, Erica Lucast

    2014-10-01

    This discussion aims to give a normative theoretical basis for a "best judgment" model of surrogate decision making rooted in a regulative ideal of love. Currently, there are two basic models of surrogate decision making for incompetent patients: the "substituted judgment" model and the "best interests" model. The former draws on the value of autonomy and responds with respect; the latter draws on the value of welfare and responds with beneficence. It can be difficult to determine which of these two models is more appropriate for a given patient, and both approaches may seem inadequate for a surrogate who loves the patient. The proposed "best judgment" model effectively draws on the values incorporated in each of the traditional standards, but does so because these values are important to someone who loves a patient, since love responds to the patient as the specific person she is. © The Author 2014. Published by Oxford University Press, on behalf of the Journal of Medicine and Philosophy Inc. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

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

    Directory of Open Access Journals (Sweden)

    Monica CALU

    2018-05-01

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

  8. High technology and the courts: nuclear power and the need for institutional reform

    International Nuclear Information System (INIS)

    Yellin, J.

    1981-01-01

    In this article Professor Yellin analyzes the performance of the courts when confronted with the important and complex issues attending the commercial development of nuclear power. He draws three general conclusions from the analysis: (1) the failure of nuclear regulation indicates that substantive review of agency decision making is necessary; (2) the limitations of the courts' ability to understand the scientific and technological arguments inherent in the nuclear power cases suggest the need for hybrid legal and scientific oversight of technological decisions; and (3) procedural requirements of the adversary system tend to impede full presentation of the issues in nuclear power cases, again pointing to the need for new systems of review. Professor Yellin proposes creation of a permanent review board composed of masters trained in both science and law to which technological and scientific issues falling outside the special competence of the judiciary would be referred by the federal appellate courts

  9. Personality and Self-regulation as Determinants of Rational Decision Making in a Political Voting Situation

    OpenAIRE

    Tatiana A. Indina; Varvara I. Morosanova

    2009-01-01

    The association of self-regulation and personality factors with rational decision making was investigated using an experimental model of political voting. The results revealed diff erent sets of personality characteristics for rational and emotional voters. A self-regulation/personality typology of decision making was then constructed, and traits representing self-regulation, cognition, and personality were examined as predispositions toward rational decision making. As a result, specifi c co...

  10. Personality and Self-regulation as Determinants of Rational Decision Making in a Political Voting Situation

    Directory of Open Access Journals (Sweden)

    Tatiana A. Indina

    2009-01-01

    Full Text Available The association of self-regulation and personality factors with rational decision making was investigated using an experimental model of political voting. The results revealed different sets of personality characteristics for rational and emotional voters. A self-regulation/personality typology of decision making was then constructed, and traits representing self-regulation, cognition, and personality were examined as predispositions toward rational decision making. As a result, specific connections among these variables were uncovered, through which the primary role of the conscious self-regulation system in the management of rational decision making in a political voting context was established.

  11. Congressional Authority Over the Federal Courts

    National Research Council Canada - National Science Library

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

    2005-01-01

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

  12. The relationship between administrative court control and legislative control

    International Nuclear Information System (INIS)

    Beckmann, M.

    1986-01-01

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

  13. First instance competence of the Higher Administrative Court

    International Nuclear Information System (INIS)

    Anon.

    1988-01-01

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

  14. Juvenile Court Statistics - 1972.

    Science.gov (United States)

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

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

  15. Juvenile Court Statistics, 1974.

    Science.gov (United States)

    Corbett, Jacqueline; Vereb, Thomas S.

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

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

    National Research Council Canada - National Science Library

    Baldrate, Brian C

    2005-01-01

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

  17. Self-Regulation Principles Underlying Risk Perception and Decision Making within the Context of Genomic Testing

    Science.gov (United States)

    Cameron, Linda D.; Biesecker, Barbara Bowles; Peters, Ellen; Taber, Jennifer M.; Klein, William M. P.

    2017-01-01

    Advances in theory and research on self-regulation and decision-making processes have yielded important insights into how cognitive, emotional, and social processes shape risk perceptions and risk-related decisions. We examine how self-regulation theory can be applied to inform our understanding of decision-making processes within the context of genomic testing, a clinical arena in which individuals face complex risk information and potentially life-altering decisions. After presenting key principles of self-regulation, we present a genomic testing case example to illustrate how principles related to risk representations, approach and avoidance motivations, emotion regulation, defensive responses, temporal construals, and capacities such as numeric abilities can shape decisions and psychological responses during the genomic testing process. We conclude with implications for using self-regulation theory to advance science within genomic testing and opportunities for how this research can inform further developments in self-regulation theory. PMID:29225669

  18. Self-Regulation Principles Underlying Risk Perception and Decision Making within the Context of Genomic Testing.

    Science.gov (United States)

    Cameron, Linda D; Biesecker, Barbara Bowles; Peters, Ellen; Taber, Jennifer M; Klein, William M P

    2017-05-01

    Advances in theory and research on self-regulation and decision-making processes have yielded important insights into how cognitive, emotional, and social processes shape risk perceptions and risk-related decisions. We examine how self-regulation theory can be applied to inform our understanding of decision-making processes within the context of genomic testing, a clinical arena in which individuals face complex risk information and potentially life-altering decisions. After presenting key principles of self-regulation, we present a genomic testing case example to illustrate how principles related to risk representations, approach and avoidance motivations, emotion regulation, defensive responses, temporal construals, and capacities such as numeric abilities can shape decisions and psychological responses during the genomic testing process. We conclude with implications for using self-regulation theory to advance science within genomic testing and opportunities for how this research can inform further developments in self-regulation theory.

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

    Directory of Open Access Journals (Sweden)

    Aditya Wisnu Mulyadi

    2015-07-01

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

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

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

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

  1. THE IMPACT OF THE DECISION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION IN CASE C-461/13 REGARDING THE NOTION OF “DETERIORATION OF THE STATUS” OF A BODY OF SURFACE WATER

    Directory of Open Access Journals (Sweden)

    Cristiana Mic-Soare

    2015-11-01

    Full Text Available The necessity of this analysis results following the recent decision passed by the Court of Justice of the European Union interpreting a fundamental provision of the Water Framework Directive 2000/60/CE, art. 4 para. (1 lit. (a pt. (i-(iii. The decision's importance arises mainly due to the foreseen impact on projects developed on bodies of surface water. Thus, one of the potentially affected areas is that of micro-hydropower plants, since the fall by one class of any quality element, even if this does not determine a fall in classification of the body of surface water as a whole, breaches the obligation not to deteriorate the status of a body of surface water. If the affected quality element is already in the lowest class, any degradation breaches the said obligation. This interpretation's impact is even higher, as the Court concluded that the analyzed provisions imply the states' obligation to refuse authorizing projects that could cause the deterioration of the status of a body of surface water or that impact on the attainment of good surface water status or of good ecological potential and good surface water chemical status. The main scientific research methods used are the comparative, logical, historical and sociological methods.

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

    NARCIS (Netherlands)

    Hoevenaars, J.

    2018-01-01

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

  3. Swan Song for the Burger Court.

    Science.gov (United States)

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

    1986-01-01

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

  4. To Achieve or Not To Achieve: A Self-Regulation Perspective on Adolescents' Academic Decision Making.

    Science.gov (United States)

    Miller, David C.; Byrnes, James P.

    2001-01-01

    This study investigated the utility of the self-regulation model of decision making for explaining and predicting adolescents' academic decision making. Measures included an assessment of decision-making skill; academic goals; select scales of Learning and Study Strategies Inventory; and teacher ratings of achievement behavior. Adolescents'…

  5. How do the Constitutional Courts decide?

    Directory of Open Access Journals (Sweden)

    Pasquale Pasquino

    2016-12-01

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

  6. Homeostatic regulation of memory systems and adaptive decisions.

    Science.gov (United States)

    Mizumori, Sheri J Y; Jo, Yong Sang

    2013-11-01

    While it is clear that many brain areas process mnemonic information, understanding how their interactions result in continuously adaptive behaviors has been a challenge. A homeostatic-regulated prediction model of memory is presented that considers the existence of a single memory system that is based on a multilevel coordinated and integrated network (from cells to neural systems) that determines the extent to which events and outcomes occur as predicted. The "multiple memory systems of the brain" have in common output that signals errors in the prediction of events and/or their outcomes, although these signals differ in terms of what the error signal represents (e.g., hippocampus: context prediction errors vs. midbrain/striatum: reward prediction errors). The prefrontal cortex likely plays a pivotal role in the coordination of prediction analysis within and across prediction brain areas. By virtue of its widespread control and influence, and intrinsic working memory mechanisms. Thus, the prefrontal cortex supports the flexible processing needed to generate adaptive behaviors and predict future outcomes. It is proposed that prefrontal cortex continually and automatically produces adaptive responses according to homeostatic regulatory principles: prefrontal cortex may serve as a controller that is intrinsically driven to maintain in prediction areas an experience-dependent firing rate set point that ensures adaptive temporally and spatially resolved neural responses to future prediction errors. This same drive by prefrontal cortex may also restore set point firing rates after deviations (i.e. prediction errors) are detected. In this way, prefrontal cortex contributes to reducing uncertainty in prediction systems. An emergent outcome of this homeostatic view may be the flexible and adaptive control that prefrontal cortex is known to implement (i.e. working memory) in the most challenging of situations. Compromise to any of the prediction circuits should result in

  7. An agent-based model for integrated emotion regulation and contagion in socially affected decision making

    OpenAIRE

    Manzoor, A.; Treur, J.

    2015-01-01

    This paper addresses an agent-based computational social agent model for the integration of emotion regulation, emotion contagion and decision making in a social context. The model integrates emotion-related valuing, in order to analyse the role of emotions in socially affected decision making. The agent-based model is illustrated for the interaction between two persons. Simulation experiments for different kinds of scenarios help to understand how decisions can be affected by regulating the ...

  8. Term excess in pretrial detention: A temporal paradigm in decisions of the 2nd Criminal Chamber of the Court of Ceará ?

    Directory of Open Access Journals (Sweden)

    Italo Farias Braga

    2017-02-01

    Full Text Available Given the difficulty in discovering any temporal term which there is illegality in procedure custody against the principle of reasonable processing time held an incidental research of “habeas corpus” filed in the 2nd Chamber of the State of Ceará Court of Justice in the first and in the last quarter of 2013 and analyzed 371 judged. Hence front of the absence of a numerical term, there has been a trend line of 350 days, influenced by a number of factors such as an abusive defense activity, number of accused and the complexity of the case.

  9. 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...

  10. SAME SEX UNIONS OF LIFE IN THE PRACTICE OF THE EUROPEAN COURT OF JUSTICE

    Directory of Open Access Journals (Sweden)

    Boris Krešić

    2014-01-01

    Full Text Available In several cases the the European Court of Justice (ECJ interpreted the provisions of the Agreement on the European Community in terms of homosexual rights. The practice of the ECJ in the last five years (2008-2013 shows the tendency to expand the rights of homosexual persons. The paper brings the analysis of four decision of the ECJ in the cases where it decided on the issue of discrimination on grounds of sexual orientation. In the first two verdicts, the Court refused to compare marriage and common-law marriage to the same-sex union of life, thus limiting same-sex partners to achieve certain rights. In other two cases the Court made step forward and compared marriage and same-sex union of life but only if both, marriage and same-sex union of life are regulated by national law

  11. SAME SEX UNIONS OF LIFE IN THE PRACTICE OF THE EUROPEAN COURT OF JUSTICE

    Directory of Open Access Journals (Sweden)

    Boris Krešić

    2014-01-01

    Full Text Available In several cases the the European Court of Justice (ECJ interpreted the provisions of the Agreement on the European Community in terms of homosexual rights. The practice of the ECJ in the last five years (2008-2013 shows the tendency to expand the rights of homosexual persons. The paper brings the analysis of four decision of the ECJ in the cases where it decided on the issue of discrimination on grounds of sexual orientation. In the first two verdicts, the Court refused to compare marriage and common-law marriage to the same-sex union of life, thus limiting same-sex partners to achieve certain rights. In other two cases the Court made step forward and compared marriage and same-sex union of life but only if both, marriage and same-sex union of life are regulated by national law.

  12. Nuclear fuel tax in court

    International Nuclear Information System (INIS)

    Leidinger, Tobias

    2014-01-01

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

  13. The rights of the dying: the refusal of medical treatments in Argentine courts

    Directory of Open Access Journals (Sweden)

    Juan Pedro Alonso

    2016-10-01

    Full Text Available This paper addresses the judicialization of end of life medical decision-making, as part of the advance of the justice system in the regulation of medical practice and the rise of recognition of patient autonomy. The article analyzes, from a sociological standpoint, legal decisions regarding treatment refusal at the end of life produced by the Argentine courts between 1975 and 2015. Based on a qualitative design, 38 sentences collected from jurisprudential databases using key terms were analyzed. First, judicialized cases during the period are described; these are characterized by a high proportion of claims presented by health institutions, a pro-treatment bias in the legal actions requested, and a high percentage of unnecessary litigation in the absence of conflicts or in situations that do not require court intervention. Second, legal and extralegal factors affecting the justiciability of decisions to refuse or withdraw medical treatments, such as changes in the law and processes of politicization of claims, are analyzed.

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

    Directory of Open Access Journals (Sweden)

    Marie Hagsgård

    2008-10-01

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

  15. Muelheim-Kaerlich nuclear power station. Federal Administrative Court: Decision of March 4, 1992, ref. no. BVerwG 7 B 93.91, lower instance: Higher Administrative Court of Rheinland-Pfalz, ref. no. OVG 7 C 11749/90

    International Nuclear Information System (INIS)

    Anon.

    1992-01-01

    The Federal Administrative Court sustained the objection to nonadmission lodged by the public company RWE Energie AG after the Higher Administrative Court in Koblenz had rejected the appeal against its judgement (new first partial licence). Under paragraph 132 sec. 2 no. 1 of the Rules of the Administrative Court the appeal has to be granted. (HP) [de

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

    Directory of Open Access Journals (Sweden)

    Mateus de Oliveira Fornasier

    2017-08-01

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

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

    Directory of Open Access Journals (Sweden)

    Karina Kh. Rekosh

    2014-01-01

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

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

    Science.gov (United States)

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

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

    Science.gov (United States)

    Elliott, Richard

    2002-03-01

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

  20. The Influence of Emotion Regulation on Decision-making under Risk

    Science.gov (United States)

    Martin, Laura N.; Delgado, Mauricio R.

    2011-01-01

    Cognitive strategies typically involved in regulating negative emotions have recently been shown to also be effective with positive emotions associated with monetary rewards. However, it is less clear how these strategies influence behavior, such as preferences expressed during decision-making under risk, and the underlying neural circuitry. That is, can the effective use of emotion regulation strategies during presentation of a reward-conditioned stimulus influence decision-making under risk and neural structures involved in reward processing such as the striatum? To investigate this question, we asked participants to engage in imagery-focused regulation strategies during the presentation of a cue that preceded a financial decision-making phase. During the decision phase, participants then made a choice between a risky and a safe monetary lottery. Participants who successfully used cognitive regulation, as assessed by subjective ratings about perceived success and facility in implementation of strategies, made fewer risky choices in comparison to trials where decisions were made in the absence of cognitive regulation. Additionally, blood-oxygen-level-dependent (BOLD) responses in the striatum were attenuated during decision-making as a function of successful emotion regulation. These findings suggest that exerting cognitive control over emotional responses can modulate neural responses associated with reward processing (e.g., striatum), and promote more goal-directed decision-making (e.g., less risky choices), illustrating the potential importance of cognitive strategies in curbing risk-seeking behaviors before they become maladaptive (e.g., substance abuse). PMID:21254801

  1. The influence of emotion regulation on decision-making under risk.

    Science.gov (United States)

    Martin, Laura N; Delgado, Mauricio R

    2011-09-01

    Cognitive strategies typically involved in regulating negative emotions have recently been shown to also be effective with positive emotions associated with monetary rewards. However, it is less clear how these strategies influence behavior, such as preferences expressed during decision-making under risk, and the underlying neural circuitry. That is, can the effective use of emotion regulation strategies during presentation of a reward-conditioned stimulus influence decision-making under risk and neural structures involved in reward processing such as the striatum? To investigate this question, we asked participants to engage in imagery-focused regulation strategies during the presentation of a cue that preceded a financial decision-making phase. During the decision phase, participants then made a choice between a risky and a safe monetary lottery. Participants who successfully used cognitive regulation, as assessed by subjective ratings about perceived success and facility in implementation of strategies, made fewer risky choices in comparison with trials where decisions were made in the absence of cognitive regulation. Additionally, BOLD responses in the striatum were attenuated during decision-making as a function of successful emotion regulation. These findings suggest that exerting cognitive control over emotional responses can modulate neural responses associated with reward processing (e.g., striatum) and promote more goal-directed decision-making (e.g., less risky choices), illustrating the potential importance of cognitive strategies in curbing risk-seeking behaviors before they become maladaptive (e.g., substance abuse).

  2. Genetics in the courts

    Energy Technology Data Exchange (ETDEWEB)

    Coyle, Heather; Drell, Dan

    2000-12-01

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

  3. The International Criminal Court

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

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

  4. Supreme Court Update

    Science.gov (United States)

    Taylor, Kelley R.

    2009-01-01

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

  5. Nuclear regulation in transition

    International Nuclear Information System (INIS)

    Tomain, J.P.

    1986-01-01

    The current state of nuclear regulations in the USA is examined. Since Three Mile Island the regulation of the nuclear power industry has been undergoing a noticeable transition. It will be argued here that the transition is characterized by two indicia. First, the primary focus of state and federal regulators has been on the financial aspects of the industry: this is best seen in the context of decisions allocating the costs of nuclear plant cancellations. Second, decisionmaking power has been decentralized: although the regulatory history of nuclear power demonstrates the tradition of centralized decisionmaking power (i.e., formerly the primary decisionmaking body was the Atomic Energy Commission), now States share decisionmaking power with the Nuclear Regulatory Commission. In Section 1 a brief legislative history of nuclear regulation is presented to establish the assertion that nuclear regulation, both de jure and de facto, was centralized. Next, Section 2 canvasses recent United States Supreme Court opinions regarding nuclear regulation. The Court frequently acts as policymaker through the consequences of its opinions, if not by its intent. In the area of nuclear policymaking, the Court has paid allegiance recently both to the tradition of centralization and to the movement toward decentralization. This dualism is reflected in other federal court decisions as well which will be briefly mentioned. Continuing the analysis of Federal regulation, Section 3 examines the current reform efforts of the NRC. Section 4 presents an examination of State responses to nuclear plant cancellations. In this section, State administrative agency and court decisions will be examined and recent State legislation will be discussed. (author)

  6. Nuclear regulation in transition

    Energy Technology Data Exchange (ETDEWEB)

    Tomain, J.P. (Cincinnati Univ., OH, US. Coll. of Law)

    1986-01-01

    The current state of nuclear regulations in the USA is examined. Since Three Mile Island the regulation of the nuclear power industry has been undergoing a noticeable transition. It will be argued here that the transition is characterized by two indicia. First, the primary focus of state and federal regulators has been on the financial aspects of the industry: this is best seen in the context of decisions allocating the costs of nuclear plant cancellations. Second, decisionmaking power has been decentralized: although the regulatory history of nuclear power demonstrates the tradition of centralized decisionmaking power (i.e., formerly the primary decisionmaking body was the Atomic Energy Commission), now States share decisionmaking power with the Nuclear Regulatory Commission. In Section 1 a brief legislative history of nuclear regulation is presented to establish the assertion that nuclear regulation, both de jure and de facto, was centralized. Next, Section 2 canvasses recent United States Supreme Court opinions regarding nuclear regulation. The Court frequently acts as policymaker through the consequences of its opinions, if not by its intent. In the area of nuclear policymaking, the Court has paid allegiance recently both to the tradition of centralization and to the movement toward decentralization. This dualism is reflected in other federal court decisions as well which will be briefly mentioned. Continuing the analysis of Federal regulation, Section 3 examines the current reform efforts of the NRC. Section 4 presents an examination of State responses to nuclear plant cancellations. In this section, State administrative agency and court decisions will be examined and recent State legislation will be discussed.

  7. Empirical knowledge in legislation and regulation : A decision making perspective

    NARCIS (Netherlands)

    Trautmann, S.T.

    2013-01-01

    This commentary considers the pros and cons of the empirical approach to legislation from the vantage point of empirical decision making research. It focuses on methodological aspects that are typically not considered by legal scholars. It points out weaknesses in the empirical approach that are

  8. EMERGING COMMON LAW DECISIONS IN GOODWILL ACCOUNTING REGULATION

    OpenAIRE

    Radu-Daniel LOGHIN

    2014-01-01

    In respect to financial reporting, statutory accounting standards and regulations form only a part of the normative landscape. Considering the case of common law countries, besides these classic sources of norms and practices there is an alternative base for exercising the professional judgement of the accountant, the case law precedents which drive and supplement in cases accounting regulations. For the purpose of this paper, goodwill accounting is explored from a normative perspective which...

  9. An agent-based model for integrated emotion regulation and contagion in socially affected decision making

    NARCIS (Netherlands)

    Manzoor, A.; Treur, J.

    2015-01-01

    This paper addresses an agent-based computational social agent model for the integration of emotion regulation, emotion contagion and decision making in a social context. The model integrates emotion-related valuing, in order to analyse the role of emotions in socially affected decision making. The

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

    Science.gov (United States)

    Greenlaw, Paul S.; Swanson, Austin D.

    1994-01-01

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

  11. Designing decision support tools for targeted N-regulation

    DEFF Research Database (Denmark)

    Christensen, Andreas Aagaard; Piil, Kristoffer; Andersen, Peter Stubkjær

    2017-01-01

    data model for land use data – the dNmark landscape model. Based on input data which is corrected and edited by workshop participants, the tool estimates the effect of potential land use scenarios on nutrient emissions. The tool was tested in 5 scenario workshops in case areas in Denmark in 2016...... in Denmark to develop and improve a functioning decision support tool for landscape scale N-management. The aim of the study is to evaluate how a decision support tool can best be designed in order to enable landscape scale strategic N-management practices. Methods: A prototype GIS-tool for capturing......, storing, editing, displaying and modelling landscape scale farming practices and associated emission consequences was developed. The tool was designed to integrate locally held knowledge with national scale datasets in live scenario situations through the implementation of a flexible, uniform and editable...

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

    Directory of Open Access Journals (Sweden)

    Mr.Sc. Sabri Halili

    2013-06-01

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

  13. Enhancing Decision-Making in STSE Education by Inducing Reflection and Self-Regulated Learning

    Science.gov (United States)

    Gresch, Helge; Hasselhorn, Marcus; Bögeholz, Susanne

    2017-02-01

    Thoughtful decision-making to resolve socioscientific issues is central to science, technology, society, and environment (STSE) education. One approach for attaining this goal involves fostering students' decision-making processes. Thus, the present study explores whether the application of decision-making strategies, combined with reflections on the decision-making processes of others, enhances decision-making competence. In addition, this study examines whether this process is supported by elements of self-regulated learning, i.e., self-reflection regarding one's own performance and the setting of goals for subsequent tasks. A computer-based training program which involves the resolution of socioscientific issues related to sustainable development was developed in two versions: with and without elements of self-regulated learning. Its effects on decision-making competence were analyzed using a pre test-post test follow-up control-group design ( N = 242 high school students). Decision-making competence was assessed using an open-ended questionnaire that focused on three facets: consideration of advantages and disadvantages, metadecision aspects, and reflection on the decision-making processes of others. The findings suggest that students in both training groups incorporated aspects of metadecision into their statements more often than students in the control group. Furthermore, both training groups were more successful in reflecting on the decision-making processes of others. The students who received additional training in self-regulated learning showed greater benefits in terms of metadecision aspects and reflection, and these effects remained significant two months later. Overall, our findings demonstrate that the application of decision-making strategies, combined with reflections on the decision-making process and elements of self-regulated learning, is a fruitful approach in STSE education.

  14. Supreme Court Deals Blow to Student Journalists.

    Science.gov (United States)

    Gynn, Ann

    1989-01-01

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

  15. The Influence of Emotion Regulation on Social Interactive Decision-Making

    NARCIS (Netherlands)

    Wout, M. van 't; Chang, L.J.; Sanfey, A.G.

    2010-01-01

    Although adequate emotion regulation is considered to be essential in every day life, it is especially important in social interactions. However, the question as to what extent two different regulation strategies are effective in changing decision-making in a consequential socially interactive

  16. Seller Beware! An analysis of the implementation of As Is principle on Norwegian Saleform 93 under English law for sale and purchase of second-hand vessels: A case study of the Union Power decision and a subsequent English court decision, the Hirtenstein

    OpenAIRE

    Abdhipradhana, Adhiguna

    2015-01-01

    English law most likely is still and will continue to be prominent in the world of shipping. That is why an English court decision, especially one that is related to shipping, may be of significant importance to the world of the shipping industry and possibly having a great impact on the industry. Many times ships encounter multiple transfer of ownership between many parties. The most common ways for people to acquire a ship is by shipbuilding contracts (with shipyard as the seller and custom...

  17. EMERGING COMMON LAW DECISIONS IN GOODWILL ACCOUNTING REGULATION

    Directory of Open Access Journals (Sweden)

    Radu-Daniel LOGHIN

    2014-06-01

    Full Text Available In respect to financial reporting, statutory accounting standards and regulations form only a part of the normative landscape. Considering the case of common law countries, besides these classic sources of norms and practices there is an alternative base for exercising the professional judgement of the accountant, the case law precedents which drive and supplement in cases accounting regulations. For the purpose of this paper, goodwill accounting is explored from a normative perspective which draws from case law precedents in Zimbabwe and South Africa, two emerging common law countries which share a rich common law heritage, resulting in a set of findings relevant to the understanding of the nature of goodwill as well as an understanding of the factors which lead to early adoption of International Accounting Standards.

  18. Regulation and decision-making in environmental radiation protection

    International Nuclear Information System (INIS)

    Larsson, C.M.

    2004-01-01

    The EC-funded project FASSET (Framework for Assessment of Environmental impact), which completed in 2003, has developed an assessment framework for evaluating the environmental impact of ionising radiation on biota in natural ecosystems. The FASSET framework comprises: source characterisation and initial hazard analysis; ecosystem description and selection of reference organisms (ca 30, with defined geometry and life history); exposure analysis, including conversion of input data to external and internal radionuclide concentrations, and subsequent conversion to dose rates; effects analysis, supported by an effects database; and, guidance for interpretation. The framework provides practical and scientific support to the international development of recommendations for radiological protection of the environment through the International Commission on Radiological Protection (cf. ICRP Publication 91). However, on the basis of experiences from FASSET and other recent developments, it can be concluded that there are challenges remaining before environmental radiological protection can be seen as a natural component of general environmental protection. The major future challenge is the development of an integrated approach where decision-making can be guided by sound scientific judgements. This requires, inter alia, filling in gaps in basic knowledge of relevance to assessment and protection, through targeted experimental, theoretical (including expert judgements) and real case studies; development of risk characterisation methodologies, based on both theoretical and experimental studies; development of screening standards, where appropriate; development of user-friendly assessment tools; and stakeholder involvement, including development of supporting communication strategies. A new EC-funded project, ERICA (Environmental Risk from Ionising Contaminants: Assessment and management), has recently started. The project has four operational work packages, being devoted to

  19. Shutdown of biogas plant by court ruling; Runterfahren

    Energy Technology Data Exchange (ETDEWEB)

    Bensmann, Martin; May, Hanne

    2009-04-15

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

  20. A Comparison of Coverage of Speech and Press Verdicts of Supreme Court.

    Science.gov (United States)

    Hale, F. Dennis

    1979-01-01

    An analysis of the coverage by ten newspapers of 20 United States Supreme Court decisions concerning freedom of the press and 20 decisions concerning freedom of speech revealed that the newspapers gave significantly greater coverage to the press decisions. (GT)

  1. Limits of verification by the Federal Constitutional Court

    International Nuclear Information System (INIS)

    Anon.

    1985-01-01

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

  2. 8 CFR 1003.23 - Reopening or reconsideration before the Immigration Court.

    Science.gov (United States)

    2010-01-01

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

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

    NARCIS (Netherlands)

    Langbroek, Philip; van der Linden - Smith, Tina

    2014-01-01

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

  4. Reappraising the ultimatum: an fMRI study of emotion regulation and decision making.

    Science.gov (United States)

    Grecucci, Alessandro; Giorgetta, Cinzia; Van't Wout, Mascha; Bonini, Nicolao; Sanfey, Alan G

    2013-02-01

    Emotion regulation strategies provide a means by which to modulate our social behavior. In this study, we investigated the effect of using reappraisal to both up- and downregulate social decision making. After being instructed on how to use reappraisal, participants played the Ultimatum Game while undergoing functional magnetic resonance imaging and applied the strategies of upregulation (reappraising the proposer's intentions as more negative), down-regulation (reappraising the proposer's intentions as less negative), as well as a baseline "look" condition. As hypothesized, when reappraising, decision acceptance rates were altered, with a greater number of unfair offers accepted while down-regulating and a greater number of unfair offers rejected while upregulating, both relative to the baseline condition. At the neural level, during reappraisal, significant activations were observed in the inferior and middle frontal gyrus (MFG), in addition to the medial prefrontal cortex and cingulate gyrus for unfair offers only. Regulated decisions involved left inferior frontal gyrus for upregulation and MFG for down-regulation strategies, respectively. Importantly, the effects of emotion modulation were evident in posterior insula, with less activation for down-regulation and more activation for upregulation in these areas. Notably, we show for the first time that top-down strategies such as reappraisal strongly affect our socioeconomic decisions.

  5. Risk informed decisions and regulations - STUK's policy and current practice

    International Nuclear Information System (INIS)

    Julin, A.; Niemalae, I.; Virolainen, R.

    2001-01-01

    Consideration of severe accidents beyond the traditional design basis, including full core melt accidents, has become an important ingredient of regulatory process in Finland. Accordingly, plant-specific level-1 and level-2 PSA studies are a regulatory requirement. These studies are being used in a living fashion both at the utilities and STUK. Plant specific living PSAs have been completed for all operating Finnish plants, including internal initiators, fires, flooding, harsh weather conditions seismic events for operation mode and internal events for low power mode. Many specific applications of the Living PSA have already been introduced but some are still waiting for further development such as Risk Informed ISI, IST and Tech Specs. Examples of safety issues, for which the PSA insights give an improved basis for decisions, are approvals of plant modifications and resolution of testing, inspection and maintenance strategies. PSA insights are also of value in assessing meaningfulness of requirements which are based on traditional engineering judgement but do not form an essential part of defence-in-depth concept. Examples of such requirements are details of safety classification and many Technical Specification requirements. STUK has recently conducted a pilot study on risk-informed ISI. The aim of the study was to explore how the plant specific PSAs could best be used for assessment of the ISI programmes. This paper discusses the findings obtained during the pilot study on risk-informed ISI of pipings. The study produced essential insights of the applied method. Furthermore, the study gave guidance to extract items for further development. Based on these results and overall experience the general suitability of the method for further application is evaluated. (author)

  6. 16 CFR 1502.44 - Review by the courts.

    Science.gov (United States)

    2010-01-01

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

  7. How the European Court «judges» history (to the problem of judicial activism

    Directory of Open Access Journals (Sweden)

    О. П. Євсєєв

    2015-05-01

    situation is similar, but with opposite sign was observed in the case of “Liechtenstein Prince Hans-Adam II against Germany». In the resolution it was stated that the expropriation of the property of the father of the applicant, including expensive paintings P. van Laere «lime Kiln», was carried out by the authorities in the former Czechoslovakia in 1946, that is, until September 3, 1953, when entered into force, the Convention, and before may 18, 1954, when he joined the force of Protocol No. 1 to the Convention. Accordingly, the European court declared itself incompetent ratione temporis to examine the circumstances of the expropriation and its consequences (§ 85 rulings of 12 July 2001. However, in the next paragraph the Court actually decides the issue on the merits, stating that the decisions of the courts of Germany and the subsequent return of the paintings in the Czech Republic can not be considered as interference in the «property» of the applicant within the meaning of article 1 of Protocol No. 1 to the Convention. And finally, third: judicial activism can be seen in the revision of certain facts and events of history, sometimes leading to incorrect or doubtful legal conclusions. The last form of judicial activism and is of greatest interest to us. Conclusions. However, in some «sensitive» cases the Court will deal with the circumstances not only recent, but also very distant past. In such cases, the question arises: should it be avoided at all costs for the review of cases that have a strong impact (geo- politics, thereby substituting the OSCE and the International Court in the Hague, or does it have its regulations to allow the correction of the effects of the turbulent history of  Europe ?

  8. Regulating Emotions during Difficult Multiattribute Decision Making: The Role of Pre-Decisional Coherence Shifting.

    Science.gov (United States)

    Carpenter, Stephanie M; Yates, J Frank; Preston, Stephanie D; Chen, Lydia

    2016-01-01

    Almost all real-life decisions entail attribute conflict; every serious choice alternative is better than its competitors on some attribute dimensions but worse on others. In pre-decisional "coherence shifting," the decision maker gradually softens that conflict psychologically to the point where one alternative is seen as dominant over its competitors, or nearly so. Specifically, weaknesses of the eventually chosen alternative come to be perceived as less severe and less important while its strengths seem more desirable and significant. The research described here demonstrates that difficult multiattribute decision problems are aversive and that pre-decisional coherence shifting aids individuals in regulating that emotional discomfort. Across three studies, attribute conflict was confirmed to be aversive (Study 1), and skin conductance responses and ratings of decision difficulty both decreased in participants who coherence shifted (Study 2). Coherence shifting was also diminished among decision makers who were depleted of regulatory resources, known to be required for common emotion regulation mechanisms. Further, coherence shifting was shown to be relatively common among people who reported strong suppression tendencies in everyday emotion regulation (Study 3). Overall, the data suggest that, at least in part, coherence shifting serves as a tool that helps decision makers manage the pre-decisional discomfort generated by attribute conflict. Theoretical and practical implications are discussed.

  9. Regulating Emotions during Difficult Multiattribute Decision Making: The Role of Pre-Decisional Coherence Shifting.

    Directory of Open Access Journals (Sweden)

    Stephanie M Carpenter

    Full Text Available Almost all real-life decisions entail attribute conflict; every serious choice alternative is better than its competitors on some attribute dimensions but worse on others. In pre-decisional "coherence shifting," the decision maker gradually softens that conflict psychologically to the point where one alternative is seen as dominant over its competitors, or nearly so. Specifically, weaknesses of the eventually chosen alternative come to be perceived as less severe and less important while its strengths seem more desirable and significant. The research described here demonstrates that difficult multiattribute decision problems are aversive and that pre-decisional coherence shifting aids individuals in regulating that emotional discomfort. Across three studies, attribute conflict was confirmed to be aversive (Study 1, and skin conductance responses and ratings of decision difficulty both decreased in participants who coherence shifted (Study 2. Coherence shifting was also diminished among decision makers who were depleted of regulatory resources, known to be required for common emotion regulation mechanisms. Further, coherence shifting was shown to be relatively common among people who reported strong suppression tendencies in everyday emotion regulation (Study 3. Overall, the data suggest that, at least in part, coherence shifting serves as a tool that helps decision makers manage the pre-decisional discomfort generated by attribute conflict. Theoretical and practical implications are discussed.

  10. The Problem of Emergency in the American Supreme Court

    DEFF Research Database (Denmark)

    Ugilt, Rasmus; Hartz, Emily

    2011-01-01

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

  11. The influence of emotion regulation on social interactive decision-making.

    Science.gov (United States)

    van't Wout, Mascha; Chang, Luke J; Sanfey, Alan G

    2010-12-01

    Although adequate emotion regulation is considered to be essential in every day life, it is especially important in social interactions. However, the question as to what extent two different regulation strategies are effective in changing decision-making in a consequential socially interactive context remains unanswered. We investigated the effect of expressive suppression and emotional reappraisal on strategic decision-making in a social interactive task, that is, the Ultimatum Game. As hypothesized, participants in the emotional reappraisal condition accepted unfair offers more often than participants in the suppression and no-regulation condition. Additionally, the effect of emotional reappraisal influenced the amount of money participants proposed during a second interaction with partners that had treated them unfairly in a previous interaction. These results support and extend previous findings that emotional reappraisal as compared to expressive suppression, is a powerful regulation strategy that influences and changes how we interact with others even in the face of inequity.

  12. Emotion regulation and risk taking: predicting risky choice in deliberative decision making.

    Science.gov (United States)

    Panno, Angelo; Lauriola, Marco; Figner, Bernd

    2013-01-01

    Only very recently has research demonstrated that experimentally induced emotion regulation strategies (cognitive reappraisal and expressive suppression) affect risky choice (e.g., Heilman et al., 2010). However, it is unknown whether this effect also operates via habitual use of emotion regulation strategies in risky choice involving deliberative decision making. We investigated the role of habitual use of emotion regulation strategies in risky choice using the "cold" deliberative version of the Columbia Card Task (CCT; Figner et al., 2009). Fifty-three participants completed the Emotion Regulation Questionnaire (ERQ; Gross & John, 2003) and--one month later--the CCT and the PANAS. Greater habitual cognitive reappraisal use was related to increased risk taking, accompanied by decreased sensitivity to changes in probability and loss amount. Greater habitual expressive suppression use was related to decreased risk taking. The results show that habitual use of reappraisal and suppression strategies predict risk taking when decisions involve predominantly cognitive-deliberative processes.

  13. The influence of emotion regulation on social interactive decision-making

    Science.gov (United States)

    van ’t Wout, Mascha; Chang, Luke J.; Sanfey, Alan G.

    2010-01-01

    Although adequate emotion regulation is considered to be essential in every day life, it is especially important in social interactions. However, the question as to what extent two different regulation strategies are effective in changing decision-making in a consequential socially interactive context remains unanswered. We investigated the effect of expressive suppression and emotional reappraisal on strategic decision-making in a social interactive task, i.e. the Ultimatum Game. As hypothesized, participants in the emotional reappraisal condition accepted unfair offers more often than participants in the suppression and no-regulation condition. Additionally, the effect of emotional reappraisal influenced the amount of money participants proposed during a second interaction with partners that had treated them unfairly in a previous interaction. These results support and extend previous findings that emotional reappraisal as compared to expressive suppression, is a powerful regulation strategy that influences and changes how we interact with others even in the face of inequity. PMID:21171756

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

    Directory of Open Access Journals (Sweden)

    郭榮光 Jung-Kuang Kuo

    2015-12-01

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

  15. END-OF-LIFE DECISIONS IN DUTCH NEONATOLOGY

    NARCIS (Netherlands)

    Moratti, Sofia

    2010-01-01

    This contribution describes the regulation of end-of-life decisions in neonatology in the Netherlands. An account is given of the process of formulating rules, which includes a report by the Dutch Association for Paediatrics, two Court rulings, a report by a Consultation Group appointed by the

  16. Neural mechanisms regulating different forms of risk-related decision-making: Insights from animal models.

    Science.gov (United States)

    Orsini, Caitlin A; Moorman, David E; Young, Jared W; Setlow, Barry; Floresco, Stan B

    2015-11-01

    Over the past 20 years there has been a growing interest in the neural underpinnings of cost/benefit decision-making. Recent studies with animal models have made considerable advances in our understanding of how different prefrontal, striatal, limbic and monoaminergic circuits interact to promote efficient risk/reward decision-making, and how dysfunction in these circuits underlies aberrant decision-making observed in numerous psychiatric disorders. This review will highlight recent findings from studies exploring these questions using a variety of behavioral assays, as well as molecular, pharmacological, neurophysiological, and translational approaches. We begin with a discussion of how neural systems related to decision subcomponents may interact to generate more complex decisions involving risk and uncertainty. This is followed by an overview of interactions between prefrontal-amygdala-dopamine and habenular circuits in regulating choice between certain and uncertain rewards and how different modes of dopamine transmission may contribute to these processes. These data will be compared with results from other studies investigating the contribution of some of these systems to guiding decision-making related to rewards vs. punishment. Lastly, we provide a brief summary of impairments in risk-related decision-making associated with psychiatric disorders, highlighting recent translational studies in laboratory animals. Copyright © 2015 Elsevier Ltd. All rights reserved.

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

    International Nuclear Information System (INIS)

    Thomas, L.W.

    1981-01-01

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

  18. The Relevance of Criminal Courts in the Global South

    Directory of Open Access Journals (Sweden)

    Pablo Leandro Ciocchini

    2017-12-01

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

  19. Superior Administrative Court of Mannheim. Judgement of March 30, 1982 (Wyhl)

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

    This publication deals with the decision of March 30, 1982 of the Superior Administrative Court of Mannheim, dismissing the action for annulment of the first part-construction permit for Wyhl nuclear power plant. The publication discusses that part of the Court's statements dealing with the term nuclear installation within the purview of the Atomic Energy Act, section 7, sub-section (1). According to the statement, the term ''nuclear installation for the fission of nuclear fuel'' includes not only that part of an installation where fission takes place but also those components including the surrounding buildings which serve the nuclear purpose of the installation and which thus are subject to the same standards and regulations relating to safety engineering and air pollution control. This definition includes switchgear buildings, reactor auxiliary equipment buildings, the engine house, and cooling water systems including cooling towers. (CB) [de

  20. Decision of December 11, 1981 - 7 B 22/81 (Wyhl nuclear power station)

    International Nuclear Information System (INIS)

    Anon.

    1982-01-01

    The Federal Administrative Court has rejected a complaint as in admissable which was directed against non-admission of appeal. After the suit against first partial licensing for the Whyl nuclear power plant had been rejected in the second instance also - this decision was based on the nuclear installations regulations, section 3, sub-section 1, rule of exclusion of objection - the plaintiff demanded clarification of the usage of the preclusionary ordinance and its constitutionality in regards to its admissability in a situation of advanced court actions. The Federal Administrative Court rejected the fundamental significance of this question, according to section 132, sub-section 2, number 1 of the administrative rules of the court. Based on its legal interpretation of these regulations, the court was unable to arrive at a judgement for an appeal, as of section 2, sub-section 2, number 2 of the nuclear installations regulations, which might have opened avenues for revisions, see administrative rules of court, section 132, sub-section 2, number 2. The Court confirmed that only an action of intention would represent an objection, according to the nuclear installations regulations, section 2, sub-section 2. (GA) [de

  1. Should the model for risk-informed regulation be game theory rather than decision theory?

    Science.gov (United States)

    Bier, Vicki M; Lin, Shi-Woei

    2013-02-01

    Risk analysts frequently view the regulation of risks as being largely a matter of decision theory. According to this view, risk analysis methods provide information on the likelihood and severity of various possible outcomes; this information should then be assessed using a decision-theoretic approach (such as cost/benefit analysis) to determine whether the risks are acceptable, and whether additional regulation is warranted. However, this view ignores the fact that in many industries (particularly industries that are technologically sophisticated and employ specialized risk and safety experts), risk analyses may be done by regulated firms, not by the regulator. Moreover, those firms may have more knowledge about the levels of safety at their own facilities than the regulator does. This creates a situation in which the regulated firm has both the opportunity-and often also the motive-to provide inaccurate (in particular, favorably biased) risk information to the regulator, and hence the regulator has reason to doubt the accuracy of the risk information provided by regulated parties. Researchers have argued that decision theory is capable of dealing with many such strategic interactions as well as game theory can. This is especially true in two-player, two-stage games in which the follower has a unique best strategy in response to the leader's strategy, as appears to be the case in the situation analyzed in this article. However, even in such cases, we agree with Cox that game-theoretic methods and concepts can still be useful. In particular, the tools of mechanism design, and especially the revelation principle, can simplify the analysis of such games because the revelation principle provides rigorous assurance that it is sufficient to analyze only games in which licensees truthfully report their risk levels, making the problem more manageable. Without that, it would generally be necessary to consider much more complicated forms of strategic behavior (including

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

    Directory of Open Access Journals (Sweden)

    Radivojević Zoran

    2014-01-01

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

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

    Science.gov (United States)

    McCarthy, William Osler

    1979-01-01

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

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

    Science.gov (United States)

    Freckelton, Ian

    2013-01-01

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

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

    Science.gov (United States)

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

    1994-01-01

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

  6. Can contrast effects regulate emotions? A follow-up study of vital loss decisions.

    Directory of Open Access Journals (Sweden)

    Qi Li

    Full Text Available Although many studies focus on the how contrast effects can impact cognitive evaluations, the question of whether emotions are regulated by such contrast effects is still the subject of considerable debate, especially in the study of loss-related decisions. To address this gap in the literature, we designed three decision making loss conditions: (i both losses are trivial (TT, (ii one loss is trivial and the other loss is vital (TV, or (iii one loss is trivial and the other loss is routine (TR. In study 1, which compared the difference between the negative emotion ratings in TT and TV, we found that negative emotions were affected by the contrast effects. In study 2, which compared the difference between the importance of trivial options in TT and TV, we found that the contrast effects differentially changed the importance of trivial options in the two conditions, which in turn down-regulated negative emotions. In study 3, the impact of decision difficulty was controlled by predetermining the items to be lost. In this study, we found that, when comparing the differences between the negative emotions of losing trivial options in TV and TR, the contrast effects still modulated the loss-related emotions. We concluded that the contrast effects could down-regulate emotions. To our knowledge, this is the first demonstration that contrast effects can alleviate negative affect in loss-related decision making. This study will enrich and extend the literature on emotion regulation theory, and it will provide a new cost-effective mitigation strategy for regulating negative emotions.

  7. [Clinical decision making with regard to the granting of escorted leave for forensic patients detained by court order in a Dutch psychiatric clinic. Role of gender, disorder and the type of offence in the procedure].

    Science.gov (United States)

    Ter Horst, P; Jessen, A; Bogaerts, S; Spreen, M

    2015-01-01

    An increase in the length of time until the first escorted leave is granted to a patient detained by court order (tbs) results in a longer period of treatment. Physicians involved in the treatment and clinic managers are striving to reduce, in a responsible manner, the length of the period of treatment preceding the patient's first escorted leave. Forensic Psychiatric Clinic (fpk) 'De Woenselse Poort' aims to find out to what extent gender, pathology and the type of offence committed by the detainee influence the length of time that elapses before the patient's first leave is granted. We conducted a retrospective study based on patients' records. Although men use physical aggression more often than women, we found that gender, pathology and the type of offence had no influence on the length of the treatment period that preceded the granting of the patient's first escorted leave. Partly on the basis of risk management scales, clinicians judge whether the patient has adopted a more positive or a more negative attitude to risk factors relating to his or her offence. If the risk factors have become more positive, one would expect the application for leave to be made earlier. Surprisingly, this was not the case. In order to speed up the decision-making process regarding the application for leave, a clinical method for evaluating risk related treatment needs to be developed in which offence related risk factors are identified and the patient's positive or negative attitude to these risks are measured and monitored. At each treatment evaluation practitioners should be required to produce arguments that determine whether or not the patient is to be granted permission to go on leave at a particular moment.

  8. The hole picture: risks, decision making, purpose, regulations, and the future of body piercing.

    Science.gov (United States)

    Armstrong, Myrna L; Koch, Jerome R; Saunders, Jana C; Roberts, Alden E; Owen, Donna C

    2007-01-01

    Can it be said that body piercing is ubiquitous, found across all socioeconomic groups? The major concentration is among adolescents and young adults 15 to 30 years old, in some studies, 50% of the population. Commonly identified physical risks are bleeding, tissue trauma, and bacterial infections; psychosocial risks are unhappiness, low self-esteem, and disappointment. The Health Belief Model is used to explain decision making; purposes for body piercing consistently center on personal expression (self-identity) and uniqueness. The international and US body piercing regulations are discussed, leading to the need for tracking complications globally and standardization of regulations. Proactive health education for clients and health providers remains a priority.

  9. Serotonin 2A receptors contribute to the regulation of risk-averse decisions

    DEFF Research Database (Denmark)

    Macoveanu, Julian; Rowe, James B; Hornboll, Bettina

    2013-01-01

    Pharmacological studies point to a role of the neurotransmitter serotonin (5-HT) in regulating the preference for risky decisions, yet the functional contribution of specific 5-HT receptors remains to be clarified. We used pharmacological fMRI to investigate the role of the 5-HT2A receptors...... in processing negative outcomes and regulating risk-averse behavior. During fMRI, twenty healthy volunteers performed a gambling task under two conditions: with or without blocking the 5-HT2A receptors. The volunteers repeatedly chose between small, likely rewards and large, unlikely rewards. Choices were...

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

    Directory of Open Access Journals (Sweden)

    Сергій Володимирович Васильєв

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Ioana Nely Militaru

    2015-11-01

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

  12. Neural fate decisions mediated by combinatorial regulation of Hes1 and miR-9.

    Science.gov (United States)

    Li, Shanshan; Liu, Yanwei; Liu, Zengrong; Wang, Ruiqi

    2016-01-01

    In the nervous system, Hes1 shows an oscillatory manner in neural progenitors but a persistent one in neurons. Many models involving Hes1 have been provided for the study of neural differentiation but few of them take the role of microRNA into account. It is known that a microRNA, miR-9, plays crucial roles in modulating Hes1 oscillations. However, the roles of miR-9 in controlling Hes1 oscillations and inducing transition between different cell fates still need to be further explored. Here we provide a mathematical model to show the interaction between miR-9 and Hes1, with the aim of understanding how the Hes1 oscillations are produced, how they are controlled, and further, how they are terminated. Based on the experimental findings, the model demonstrates the essential roles of Hes1 and miR-9 in regulating the dynamics of the system. In particular, the model suggests that the balance between miR-9 and Hes1 plays important roles in the choice between progenitor maintenance and neural differentiation. In addition, the synergistic (or antagonistic) effects of several important regulations are investigated so as to elucidate the effects of combinatorial regulation in neural decision-making. Our model provides a qualitative mechanism for understanding the process in neural fate decisions regulated by Hes1 and miR-9.

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

    DEFF Research Database (Denmark)

    Faeh, Andrea Beata

    2015-01-01

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

  14. Trial by Jury in Russian Military Courts

    Directory of Open Access Journals (Sweden)

    Nikolai P. Kovalev

    2008-07-01

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

  15. Courts, Scheduled Damages, and Medical Malpractice Insurance

    DEFF Research Database (Denmark)

    Bertoli, Paola; Grembi, Veronica

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

  16. The Role of Courts in Shaping Health Equity.

    Science.gov (United States)

    Hall, Mark A

    2017-10-01

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

  17. THE INTERPRETATION OF THE AMENDED RAF ACT 56 OF 1996 AND THE REGULATIONS THERETO BY THE COURTS WITH REGARD TO “SERIOUS INJURY” CLAIMS

    Directory of Open Access Journals (Sweden)

    Loma Steynberg

    2012-08-01

    Full Text Available The RAF Amendment Act 19 of 2005 came into effect on 1 August 2008 and sections 17(1 and 17(1A introduced the concept of “serious injury”. This entails that a third-party claimant who wishes to claim compensation for non-patrimonial loss suffered after a motor-vehicle accident has to prove that his or her injury is “serious”. If the claimant’s injury is not considered “serious” no compensation will be awarded for the non-patrimonial loss suffered and, furthermore, the claimant will also not be entitled to claim any compensation from the wrongdoer in terms of common law (s 21 of the RAF Act. In a sequence of unreported cases the courts have provided guidelines on the procedure to be followed in serious-injury claims. Firstly, a claimant must submit himself or herself to an assessment by a medical practitioner registered under the Health Professions Act. Secondly, the medical practitioner must assess if the injuries sustained by the claimant fall within the list of “non-serious injuries”, and if so, compensation for non-patrimonial loss will not be awarded. If the injury is not on the list of non-serious injuries, the medical practitioner may assess the injuries and if they result in 30 per cent or more of whole-person impairment (“WPI” compensation for non-patrimonial loss may be awarded. If the evaluation is that the 30 per cent of WPI cannot be reached, non-patrimonial loss may still be claimed if the injuries fall within the “narrative test”, namely (a resulting in a serious long-term impairment or loss of a body function; (b constituting permanent serious disfigurement; (c resulting in severe long-term mental or severe long-term behavioural disturbance or disorder; or (d resulting in the loss of a foetus. A plaintiff may use either of the two tests to establish serious injury and in such a manner qualify for compensation for non-patrimonial loss. A medical practitioner must complete and submit a serious

  18. Horses for courses: risk information and decision making in the regulation of nanomaterials

    International Nuclear Information System (INIS)

    Beaudrie, Christian E. H.; Kandlikar, Milind

    2011-01-01

    Despite the widespread commercial use of nanomaterials, regulators currently have a limited ability to characterize and manage risks. There is a paucity of data available on the current production and use of nanomaterials and extreme scientific uncertainty on most aspects of the risk assessment “causal chain.” Regulatory decisions will need to be made in the near-term in the absence formal quantitative risk assessments. The article draws on examples from three different regulatory contexts—baseline data monitoring efforts of the U.S. Environmental Protection Agency and California Department of Toxic Substances Control, prioritization of risk information in the context of environmental releases, and mitigation of occupational risks—to argue for the use of decision-analytic tools in lieu of formal risk assessment to help regulatory bodies. We advocate a “horses for courses” approach whereby existing analytical tools (such as risk ranking, multi-criteria decision analysis, and “control banding” approaches) might be adapted to regulators’ goals in particular decision contexts. While efforts to build new and modify existing tools are underway, they need greater support from funding and regulatory agencies because innovative approaches are needed for the “extreme” uncertainty problems that nanomaterials pose.

  19. The nexus between decision making and emotion regulation: a review of convergent neurocognitive substrates.

    Science.gov (United States)

    Mitchell, Derek G V

    2011-02-02

    Emotional information, such as reward or punishment, gains rapid and often preferential access to neurocognitive resources. This ability to quickly evaluate and integrate emotion-related information is thought to benefit a range of behaviours critical for survival. Conversely, the improper use of, or preoccupation with, emotional information is associated with disruptions in functioning and psychiatric disorders. Optimally, an organism utilizes emotional information when it is significant, and minimizes its influence when it is not. Recently, similar regions of prefrontal cortex have been identified that are associated with regulating both behavioural conflict (motor response selection or inhibition) and affective conflict (emotional representation and awareness). In this review, data will be examined that concerns this convergence between decision making (modulating what we do) and emotion regulation (modulating how we feel) and an informal model will be proposed linking these processes at a neurocognitive level. The studies reviewed collectively support the conclusion that overlapping areas of prefrontal cortex perform similar computations whether the functional objective is to modulate an operant response, or an emotional one. Specifically, the idea is raised that key aspects of decision making and emotion regulation are bound by a common functional objective in which internal representations of conditioned stimuli and reinforcers are modulated to facilitate optimal behaviour or states. Emphasis is placed on dorsomedial, dorsolateral, ventrolateral, and ventromedial regions of prefrontal cortex. Copyright © 2010 Elsevier B.V. All rights reserved.

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

    Directory of Open Access Journals (Sweden)

    Goga Gina Livioara

    2010-06-01

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

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

    OpenAIRE

    Alba Betancourt, Ana

    2016-01-01

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

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

    OpenAIRE

    Sutiyoso, Bambang

    2008-01-01

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

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

    OpenAIRE

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

    2011-01-01

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

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

    Science.gov (United States)

    Schmidt, Peter

    2012-01-01

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

  5. Decision support tool to evaluate alternative policies regulating wind integration into autonomous energy systems

    International Nuclear Information System (INIS)

    Zouros, N.; Contaxis, G.C.; Kabouris, J.

    2005-01-01

    Integration of wind power into autonomous electricity systems strongly depends on the specific technical characteristics of these systems; the regulations applied should take into account physical system constraints. Introduction of market rules makes the issue even more complicated since the interests of the market participants often conflict each other. In this paper, an integrated tool for the comparative assessment of alternative regulatory policies is presented along with a methodology for decision-making, based on alternative scenarios analysis. The social welfare concept is followed instead of the traditional Least Cost Planning

  6. Federal Administrative Court dismisses action of a nuclear power opponent against Grafenrheinfeld nuclear power plant

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    With its decision of April 30, 1980 - BVerwG 7 C 88.79-, the Federal Administrative Court has dismissed an appeal against the decision of the Bavarian Administrative Court, in which the plaintiff's action had been dismissed. The cost of the appeal suit will be paid by the plaintiff. The value in litigation was set at DM 20,000 for the appeal proceedings. The grounds for the decision are given in full wording. (orig./HP) [de

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

    Science.gov (United States)

    Ingelhart, Louis E.

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

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

    Directory of Open Access Journals (Sweden)

    Simović Miodrag N.

    2014-01-01

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

  9. Guide to Alabama Court Procedures.

    Science.gov (United States)

    Alabama Administrative Office of Courts, Montgomery.

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

  10. International Justice through Domestic Courts:

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2015-01-01

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

  11. Supervisory Control and Court Management

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2009-08-01

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

  12. Regulation in work and decision-making in the activity of public prosecutors in Santa Catarina, Brazil.

    Science.gov (United States)

    de Azevedo, Beatriz Marcondes; Cruz, Roberto Moraes

    2012-01-01

    Was to characterize the relationship between regulation at work and decision processes in the activity of Prosecutors in SC. To this end, it starts with the assumption that the decision-making and regulation are complex phenomena of conduct at work, since the worker makes continuously micro and macro decisions, based on a set of regulations, influenced by contingency and personal variables. Four Prosecutors participated in this study. This was a case study, descriptive and exploratory. For data collection, documents were analyzed, observing the workplace and interviewed key personnel of the institution in order to identify macro and micro organizational factors. Also as a technique for data collection an Ergonomic Analysis of Work. It was found that the work of the Prosecutor presents a set of activities that take place on the basis of coordination and cooperation in a dynamic and unstable environment. The prosecutor's activity, in addition to being the full expression of basic psychological processes of service work, is embedded in a context which, in part, depends and, therefore, encourages and requires choices and referrals by employees, demanding the demonstration of skills and modulating its operative mode. Processing depends on the idiosyncrasies and the force of circumstances, thus creating a brand, a unique personal style in the work. It is inferred that they are dialectical processes, since they regulate to decide and decide because they are regulated. However, the regular employee builds micro decisions that subsidize an effective decision. Thus, the better the variability of regulation, the greater the variability of decisions.

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

    International Nuclear Information System (INIS)

    Anon.

    1981-01-01

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

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

    Science.gov (United States)

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

    2012-01-01

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

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

    CERN Document Server

    2013-01-01

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

  16. 25 CFR 16.6 - Authority of attorneys in State court litigation.

    Science.gov (United States)

    2010-04-01

    ... or decision against exercise of a preferential right to purchase property subject to sale, the removal or decision against removal of actions to Federal courts, and the waiver or decision against... his official capacity as counsel therein, including but not limited to the filing or decision against...

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

    Science.gov (United States)

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

    2010-01-01

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

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

    Science.gov (United States)

    2012-04-21

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

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

    International Nuclear Information System (INIS)

    Bauser, M.A.

    1996-01-01

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

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

    Science.gov (United States)

    Levin, Betsy

    1975-01-01

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

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

    International Nuclear Information System (INIS)

    Anon.

    1987-01-01

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

  2. Court orders on procreation.

    Science.gov (United States)

    Matevosyan, Naira R

    2016-01-01

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

  3. Analysis of Decision C-355 of 2006 of the Constitutional Court of Colombia regarding the liberalization of abortion in Colombia: Jusphilosophical arguments underlying the debate within Habermas perspective on the role of religion in the public sphere with

    Directory of Open Access Journals (Sweden)

    Javier Aguirre Román

    2015-07-01

    Full Text Available This text is a product of a research project focused on the perspective that the Constitutional Court of Colombia has taken with regard to the religious arguments presented in constitutional legal actions. The theoretical framework used to develop the analysis is Habermas’ account of the role of religion in the public sphere as well as his ideas on the role of the constitutional tribunals. In this particular text the case selected was the case law C-355 of 2006. In this case, the Court decriminalize, in some cases, the voluntary interruption of pregnancy. In order to develop a full analysis of such a controversial issue, Habermas’ perspective is complemented with Dworkin’s own view on the topic.

  4. 76 FR 45007 - Sentencing Guidelines for United States Courts

    Science.gov (United States)

    2011-07-27

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

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

    Science.gov (United States)

    Fields, Cheryl M.

    1987-01-01

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

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

    African Journals Online (AJOL)

    cmps073

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

  7. Prostaglandin E2 Regulates Liver versus Pancreas Cell Fate Decisions and Endodermal Outgrowth

    Science.gov (United States)

    Nissim, Sahar; Sherwood, Richard I.; Wucherpfennig, Julia; Saunders, Diane; Harris, James M.; Esain, Virginie; Carroll, Kelli J.; Frechette, Gregory M.; Kim, Andrew J.; Hwang, Katie L.; Cutting, Claire C.; Elledge, Susanna; North, Trista E.; Goessling, Wolfram

    2014-01-01

    SUMMARY The liver and pancreas arise from common endodermal progenitors. How these distinct cell fates are specified is poorly understood. Here, we describe prostaglandin E2 (PGE2) as a regulator of endodermal fate specification during development. Modulating PGE2 activity has opposing effects on liver-versus-pancreas specification in zebrafish embryos as well as mouse endodermal progenitors. The PGE2 synthetic enzyme cox2a and receptor ep2a are patterned such that cells closest to PGE2 synthesis acquire a liver fate whereas more distant cells acquire a pancreas fate. PGE2 interacts with the bmp2b pathway to regulate fate specification. At later stages of development, PGE2 acting via the ep4a receptor promotes outgrowth of both the liver and pancreas. PGE2 remains important for adult organ growth, as it modulates liver regeneration. This work provides in vivo evidence that PGE2 may act as a morphogen to regulate cell fate decisions and outgrowth of the embryonic endodermal anlagen. PMID:24530296

  8. Application of decision-making theory to the regulation of muscular work rate during self-paced competitive endurance activity.

    Science.gov (United States)

    Renfree, Andrew; Martin, Louise; Micklewright, Dominic; St Clair Gibson, Alan

    2014-02-01

    Successful participation in competitive endurance activities requires continual regulation of muscular work rate in order to maximise physiological performance capacities, meaning that individuals must make numerous decisions with regards to the muscular work rate selected at any point in time. Decisions relating to the setting of appropriate goals and the overall strategic approach to be utilised are made prior to the commencement of an event, whereas tactical decisions are made during the event itself. This review examines current theories of decision-making in an attempt to explain the manner in which regulation of muscular work is achieved during athletic activity. We describe rational and heuristic theories, and relate these to current models of regulatory processes during self-paced exercise in an attempt to explain observations made in both laboratory and competitive environments. Additionally, we use rational and heuristic theories in an attempt to explain the influence of the presence of direct competitors on the quality of the decisions made during these activities. We hypothesise that although both rational and heuristic models can plausibly explain many observed behaviours in competitive endurance activities, the complexity of the environment in which such activities occur would imply that effective rational decision-making is unlikely. However, at present, many proposed models of the regulatory process share similarities with rational models. We suggest enhanced understanding of the decision-making process during self-paced activities is crucial in order to improve the ability to understand regulation of performance and performance outcomes during athletic activity.

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

    Directory of Open Access Journals (Sweden)

    Mandeep K. Dhami

    2013-09-01

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

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

    Science.gov (United States)

    Wolff, Nancy; Fabrikant, Nicole; Belenko, Steven

    2011-10-01

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

  11. The courts in Renaissance Italy

    Directory of Open Access Journals (Sweden)

    Beatrice Del Bo

    2011-09-01

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

  12. ECHR and national constitutional courts

    Directory of Open Access Journals (Sweden)

    Nastić Maja

    2015-01-01

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

  13. Court interpreting and pragmatic meaning

    DEFF Research Database (Denmark)

    Jacobsen, Bente

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

  14. Cognitive regulation during decision making shifts behavioral control between ventromedial and dorsolateral prefrontal value systems.

    Science.gov (United States)

    Hutcherson, Cendri A; Plassmann, Hilke; Gross, James J; Rangel, Antonio

    2012-09-26

    Cognitive regulation is often used to influence behavioral outcomes. However, the computational and neurobiological mechanisms by which it affects behavior remain unknown. We studied this issue using an fMRI task in which human participants used cognitive regulation to upregulate and downregulate their cravings for foods at the time of choice. We found that activity in both ventromedial prefrontal cortex (vmPFC) and dorsolateral prefrontal cortex (dlPFC) correlated with value. We also found evidence that two distinct regulatory mechanisms were at work: value modulation, which operates by changing the values assigned to foods in vmPFC and dlPFC at the time of choice, and behavioral control modulation, which operates by changing the relative influence of the vmPFC and dlPFC value signals on the action selection process used to make choices. In particular, during downregulation, activation decreased in the value-sensitive region of dlPFC (indicating value modulation) but not in vmPFC, and the relative contribution of the two value signals to behavior shifted toward the dlPFC (indicating behavioral control modulation). The opposite pattern was observed during upregulation: activation increased in vmPFC but not dlPFC, and the relative contribution to behavior shifted toward the vmPFC. Finally, ventrolateral PFC and posterior parietal cortex were more active during both upregulation and downregulation, and were functionally connected with vmPFC and dlPFC during cognitive regulation, which suggests that they help to implement the changes to the decision-making circuitry generated by cognitive regulation.

  15. Emotion Regulation, Coping, and Decision Making: Three Linked Skills for Preventing Externalizing Problems in Adolescence.

    Science.gov (United States)

    Modecki, Kathryn L; Zimmer-Gembeck, Melanie J; Guerra, Nancy

    2017-03-01

    Research on executive control during the teenage years points to shortfalls in emotion regulation, coping, and decision making as three linked capabilities associated with youth's externalizing behavior problems. Evidence gleaned from a detailed review of the literature makes clear that improvement of all three capabilities is critical to help young people better navigate challenges and prevent or reduce externalizing and related problems. Moreover, interventions can successfully improve these three capabilities and have been found to produce behavioral improvements with real-world significance. Examples of how successful interventions remediate more than one of these capabilities are provided. Future directions in research and practice are also proposed to move the field toward the development of more comprehensive programs for adolescents to foster their integration. © 2017 The Authors. Child Development © 2017 Society for Research in Child Development, Inc.

  16. Regulating outdoor advertisement boards; employing spatial decision support system to control urban visual pollution

    Science.gov (United States)

    Wakil, K.; Hussnain, MQ; Tahir, A.; Naeem, M. A.

    2016-06-01

    Unmanaged placement, size, location, structure and contents of outdoor advertisement boards have resulted in severe urban visual pollution and deterioration of the socio-physical living environment in urban centres of Pakistan. As per the regulatory instruments, the approval decision for a new advertisement installation is supposed to be based on the locational density of existing boards and their proximity or remoteness to certain land- uses. In cities, where regulatory tools for the control of advertisement boards exist, responsible authorities are handicapped in effective implementation due to the absence of geospatial analysis capacity. This study presents the development of a spatial decision support system (SDSS) for regularization of advertisement boards in terms of their location and placement. The knowledge module of the proposed SDSS is based on provisions and restrictions prescribed in regulatory documents. While the user interface allows visualization and scenario evaluation to understand if the new board will affect existing linear density on a particular road and if it violates any buffer restrictions around a particular land use. Technically the structure of the proposed SDSS is a web-based solution which includes open geospatial tools such as OpenGeo Suite, GeoExt, PostgreSQL, and PHP. It uses three key data sets including road network, locations of existing billboards and building parcels with land use information to perform the analysis. Locational suitability has been calculated using pairwise comparison through analytical hierarchy process (AHP) and weighted linear combination (WLC). Our results indicate that open geospatial tools can be helpful in developing an SDSS which can assist solving space related iterative decision challenges on outdoor advertisements. Employing such a system will result in effective implementation of regulations resulting in visual harmony and aesthetic improvement in urban communities.

  17. 25 CFR 11.908 - Court records.

    Science.gov (United States)

    2010-04-01

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

  18. Crosstalk Regulates the Capacity for Robust Collective Decision Making in Heterogeneous Microbial Communities

    Science.gov (United States)

    Yusufaly, Tahir; Boedicker, James

    Microbial communities frequently communicate via quorum sensing (QS), where cells produce, secrete, and respond to a threshold level of an autoinducer (AI) molecule, thereby modulating density-dependent gene expression. However, the biology of QS remains incompletely understood in heterogeneous communities, where crosstalk between distinct QS systems leads to novel effects. Such knowledge is necessary both for understanding signaling in real microbial communities, and for the rational design of synthetic communities with designer properties. As a step towards this goal, we investigate the effects of crosstalk between Gram-negative bacteria communicating via LuxI/LuxR-type QS systems, with acyl-homoserine lactone (AHL) AI molecules. After mapping QS in a heterogeneous community onto an artificial neural network model, we systematically analyze how heterogeneity regulates the community's capability for stable yet flexible decision making. We find that there are preferred distributions of interactions which provide optimal tradeoffs between capacity, or the number of different decisions a population can make, and robustness, or the tolerance of the community to disturbances. We compare our results to inferences made from experimental data, and critically discuss implications for the biological significance of crosstalk.

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

    International Nuclear Information System (INIS)

    Deppe, V.

    1982-01-01

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

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

    Science.gov (United States)

    Parmet, Wendy E

    2016-12-01

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

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

    Science.gov (United States)

    Abeles, Norman

    2010-11-01

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

  2. THE RIGHT TO AN INDEPENDENT COURT

    Directory of Open Access Journals (Sweden)

    ALIN-GHEORGHE GAVRILESCU

    2011-04-01

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

  3. Regulating emotion in the context of interpersonal decisions: The role of anticipated pride and regret

    Directory of Open Access Journals (Sweden)

    Job eVan Der Schalk

    2012-11-01

    Full Text Available Recent theories about the relation between emotion and behavior hold that social behavior is influenced not only by the experience of emotion, but also by the anticipation of emotion. We argue that anticipating future emotional states is an emotion regulation strategy when it leads to a change in behavior. In the current studies we examined how construal of a fair or an unfair situation in terms of positive or negative anticipated emotions influences the fairness of subsequent behavior. We used the Ultimatum Bargaining Game--an experimental game in which participants divide a resource between themselves and another person--as a social situation that offers the opportunity to engage in fair and unfair behavior. In Study 1 we used an autobiographical recall task to manipulate anticipated emotions. Although the task did not influence anticipated emotions directly, results showed that anticipated pride about fair behavior increased levels of fairness, whereas anticipated pride about unfair behavior decreased levels of fairness. Similarly, anticipated regret about fair behavior decreased levels of fairness, whereas anticipated regret about unfair behavior increased levels of fairness. In Study 2 we replicated this pattern of findings, and found that participants who thought about their anticipated emotions (pride or regret in relation to unfair behavior behaved more fairly. We discuss these findings in relation to theories of emotion regulation and economic decision-making.

  4. Compensation in Indian courts: Appropriate for environmental catastrophies

    International Nuclear Information System (INIS)

    Bongaerts, J.C.; Heinrichs, D.

    1985-01-01

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

  5. Decision-making in product portfolios of pharmaceutical research and development – managing streams of innovation in highly regulated markets

    Directory of Open Access Journals (Sweden)

    Jekunen A

    2014-10-01

    Full Text Available Antti Jekunen Vaasa Oncology Clinic, Vaasa, Finland Abstract: Decision-making is a core function of any drug development firm. Developing drugs demands a firm to be highly innovative, while at the same time the activity is strictly regulated. Successful drug development offers the right to apply for a long-term patent that confers exclusive marketing rights. This article addresses the issue of what constitutes an adequate portfolio of drugs for a drug development firm and how it might be managed successfully. The paper investigates decision-making in the industry and specifically in the development of oncology drugs from various perspectives: the need for decisions, their timing, decision-making at the project level, the optimal portfolio, tools for portfolio analysis, the evaluation of patents, and finally the importance of the drug portfolio. Drug development decisions as important organizational elements should get more emphasis, and decisions in drug portfolio using modern decision-making methods should be used more widely than what currently happens. Structured, informed decisions would help avoiding late terminations of drugs in Phase III development. An improved research and development pipeline and drug portfolio management are the major elements in the general strategy targeting success. Keywords: decision-making, drug development, clinical oncology, product management, pipeline, portfolio, portfolio analysis, company organization

  6. Effects of New Audit Regulation on Auditor´s Perceptions by Independence Issues, Audit Planning Activities and Reporting Decisions

    DEFF Research Database (Denmark)

    Kiertzner, Lars

    of the importance of scepticism in new audit regulation are expected to make the auditors´ decisions by interpreting principles more restrictive, or direct in conformity with prescriptive regulation, whereas the importance of professional judgement is diminishing by independence threats and reporting decisions......, in 1995 with 94 and in 2005 with 121 State Authorized Public Accountants as respondents. The hypotheses are supported, except for the absence of an expected complexity effect of the new audit process in the context of a small audit engagement. Auditors are more restrictive in 2005 when confronted...

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

    Directory of Open Access Journals (Sweden)

    Yuliya Nadtochey

    2017-01-01

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

  8. Case law and administrative decisions

    International Nuclear Information System (INIS)

    2003-01-01

    Some extracts of case law: ruling of the Supreme Administrative Court on the decision to shut units 3 and 4 of Kozloduy nuclear power plant (Bulgaria), judgement of the County Court of Cherbourg concerning the import of spent fuel to La Hague (France), judgement of the Nagoya High Court on the invalidity of the licence to establish the Monju reactor, judgement of the Mito District Court issuing penalties in respect of the Tokai-Mura accident, the Principle of justification: the application of the Principle to the Manufacture of MOX fuel in the UK, Ruling of the US Court of International trade in relation to the sale of uranium enrichment services in the United States, Commission v Council Accession of the Community to the Convention on nuclear safety, government decision not to appeal court ruling on the continued operation of the Borssele nuclear power plant. (N.C.)

  9. Decision-making in product portfolios of pharmaceutical research and development--managing streams of innovation in highly regulated markets.

    Science.gov (United States)

    Jekunen, Antti

    2014-01-01

    Decision-making is a core function of any drug development firm. Developing drugs demands a firm to be highly innovative, while at the same time the activity is strictly regulated. Successful drug development offers the right to apply for a long-term patent that confers exclusive marketing rights. This article addresses the issue of what constitutes an adequate portfolio of drugs for a drug development firm and how it might be managed successfully. The paper investigates decision-making in the industry and specifically in the development of oncology drugs from various perspectives: the need for decisions, their timing, decision-making at the project level, the optimal portfolio, tools for portfolio analysis, the evaluation of patents, and finally the importance of the drug portfolio. Drug development decisions as important organizational elements should get more emphasis, and decisions in drug portfolio using modern decision-making methods should be used more widely than what currently happens. Structured, informed decisions would help avoiding late terminations of drugs in Phase III development. An improved research and development pipeline and drug portfolio management are the major elements in the general strategy targeting success.

  10. Decision-making in product portfolios of pharmaceutical research and development – managing streams of innovation in highly regulated markets

    Science.gov (United States)

    Jekunen, Antti

    2014-01-01

    Decision-making is a core function of any drug development firm. Developing drugs demands a firm to be highly innovative, while at the same time the activity is strictly regulated. Successful drug development offers the right to apply for a long-term patent that confers exclusive marketing rights. This article addresses the issue of what constitutes an adequate portfolio of drugs for a drug development firm and how it might be managed successfully. The paper investigates decision-making in the industry and specifically in the development of oncology drugs from various perspectives: the need for decisions, their timing, decision-making at the project level, the optimal portfolio, tools for portfolio analysis, the evaluation of patents, and finally the importance of the drug portfolio. Drug development decisions as important organizational elements should get more emphasis, and decisions in drug portfolio using modern decision-making methods should be used more widely than what currently happens. Structured, informed decisions would help avoiding late terminations of drugs in Phase III development. An improved research and development pipeline and drug portfolio management are the major elements in the general strategy targeting success. PMID:25364229

  11. Trans health in courts

    OpenAIRE

    Rieger, Pedro Gustavo

    2016-01-01

    Dissertação (mestrado) - Universidade Federal de Santa Catarina, Centro de Comunicação e Expressão, Programa de Pós-Graduação em Inglês: Estudos Linguísticos e Literários, Florianópolis, 2016. Abstract : This study investigates practices of misgendering by the judiciary and by medical institutions in appellate decisions involving claims for gender identity rights at the Tribunal de Justiça de Santa Catarina (TJSC), Brazil. To do so, it relies on theoretical and analytical frameworks from S...

  12. Pacing and decision making in sport and exercise : The roles of perception and action in the regulation of exercise intensity

    NARCIS (Netherlands)

    Smits, Benjamin L. M.; Pepping, Gert-Jan; Hettinga, Florentina J.

    In pursuit of optimal performance, athletes and physical exercisers alike have to make decisions about how and when to invest their energy. The process of pacing has been associated with the goal-directed regulation of exercise intensity across an exercise bout. The current review explores divergent

  13. Regulation

    International Nuclear Information System (INIS)

    Ballereau, P.

    1999-01-01

    The different regulations relative to nuclear energy since the first of January 1999 are given here. Two points deserve to be noticed: the decree of the third august 1999 authorizing the national Agency for the radioactive waste management to install and exploit on the commune of Bures (Meuse) an underground laboratory destined to study the deep geological formations where could be stored the radioactive waste. The second point is about the uranium residues and the waste notion. The judgment of the administrative tribunal of Limoges ( 9. july 1998) forbidding the exploitation of a storage installation of depleted uranium considered as final waste and qualifying it as an industrial waste storage facility has been annulled bu the Court of Appeal. It stipulated that, according to the law number 75663 of the 15. july 1965, no criteria below can be applied to depleted uranium: production residue (possibility of an ulterior enrichment), abandonment of a personal property or simple intention to do it ( future use aimed in the authorization request made in the Prefecture). This judgment has devoted the primacy of the waste notion on this one of final waste. (N.C.)

  14. National Courts and EU Law

    DEFF Research Database (Denmark)

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

  15. Atypical Rulings of the Indonesian Constitutional Court

    Directory of Open Access Journals (Sweden)

    Bisariyadi

    2016-08-01

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

  16. Appeals court reverses verdict favoring drug companies.

    Science.gov (United States)

    1995-06-02

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

  17. English as a Court Language in Continental Courts

    NARCIS (Netherlands)

    C. Kern (Cristoph)

    2013-01-01

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

  18. SMART MONITORING AND DECISION MAKING FOR REGULATING ANNULUS BOTTOM HOLE PRESSURE WHILE DRILLING OIL WELLS

    Directory of Open Access Journals (Sweden)

    M. P. Vega

    Full Text Available Abstract Real time measurements and development of sensor technology are research issues associated with robustness and safety during oil well drilling operations, making feasible the diagnosis of problems and the development of a regulatory strategy. The major objective of this paper is to use an experimental plant and also field data, collected from a basin operation, offshore Brazil, for implementing smart monitoring and decision making, in order to assure drilling inside operational window, despite the commonly observed disturbances that produce fluctuations in the well annulus bottom hole pressure. Using real time measurements, the performance of a continuous automated drilling unit is analyzed under a scenario of varying levels of rate of penetration; aiming pressure set point tracking (inside the operational drilling window and also rejecting kick, a phenomenon that occurs when the annulus bottom hole pressure is inferior to the porous pressure, producing the migration of reservoir fluids into the annulus region. Finally, an empirical model was built, using real experimental data from offshore Brazil basins, enabling diagnosing and regulating a real drilling site by employing classic and advanced control strategies.

  19. Financial Incentives Differentially Regulate Neural Processing of Positive and Negative Emotions during Value-Based Decision-Making

    Directory of Open Access Journals (Sweden)

    Anne M. Farrell

    2018-02-01

    Full Text Available Emotional and economic incentives often conflict in decision environments. To make economically desirable decisions then, deliberative neural processes must be engaged to regulate automatic emotional reactions. In this functional magnetic resonance imaging (fMRI study, we evaluated how fixed wage (FW incentives and performance-based (PB financial incentives, in which pay is proportional to outcome, differentially regulate positive and negative emotional reactions to hypothetical colleagues that conflicted with the economics of available alternatives. Neural activity from FW to PB incentive contexts decreased for positive emotional stimuli but increased for negative stimuli in middle temporal, insula, and medial prefrontal regions. In addition, PB incentives further induced greater responses to negative than positive emotional decisions in the frontal and anterior cingulate regions involved in emotion regulation. Greater response to positive than negative emotional features in these regions also correlated with lower frequencies of economically desirable choices. Our findings suggest that whereas positive emotion regulation involves a reduction of responses in valence representation regions, negative emotion regulation additionally engages brain regions for deliberative processing and signaling of incongruous events.

  20. Financial Incentives Differentially Regulate Neural Processing of Positive and Negative Emotions during Value-Based Decision-Making.

    Science.gov (United States)

    Farrell, Anne M; Goh, Joshua O S; White, Brian J

    2018-01-01

    Emotional and economic incentives often conflict in decision environments. To make economically desirable decisions then, deliberative neural processes must be engaged to regulate automatic emotional reactions. In this functional magnetic resonance imaging (fMRI) study, we evaluated how fixed wage (FW) incentives and performance-based (PB) financial incentives, in which pay is proportional to outcome, differentially regulate positive and negative emotional reactions to hypothetical colleagues that conflicted with the economics of available alternatives. Neural activity from FW to PB incentive contexts decreased for positive emotional stimuli but increased for negative stimuli in middle temporal, insula, and medial prefrontal regions. In addition, PB incentives further induced greater responses to negative than positive emotional decisions in the frontal and anterior cingulate regions involved in emotion regulation. Greater response to positive than negative emotional features in these regions also correlated with lower frequencies of economically desirable choices. Our findings suggest that whereas positive emotion regulation involves a reduction of responses in valence representation regions, negative emotion regulation additionally engages brain regions for deliberative processing and signaling of incongruous events.

  1. Federal Administrative Court dismisses appeal of the city of Schweinfurt in the matter of Grafenrheinfeld nuclear power plant

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    With its decision of April 30, 1980, - BVerwG 7 C 91.79 - the Federal Administrative Court has dismissed the appeal of the city of Schweinfurt against the interim decision of the Bavarian Administrative Court of April 9, 1979. The cost will have to be paid by the plaintiff. The value of the appeal suit is set at DM 100.000. The main grounds for the decision are given in full wording. (orig./HP) [de

  2. Japan’s Supreme Court Discourse and Lifetime Employment

    DEFF Research Database (Denmark)

    Tackney, Charles T.; Sato, Toyoko

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

  3. Juvenile Courts. Creation and development

    Directory of Open Access Journals (Sweden)

    Montserrat GONZÁLEZ FERNÁNDEZ

    2013-11-01

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

  4. Results with Open Court Reading.

    Science.gov (United States)

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

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

  5. Freer markets, more court rulings?

    NARCIS (Netherlands)

    Hildebrand, Y.

    2010-01-01

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

  6. Regional Courts as Judicial Brakes?

    Directory of Open Access Journals (Sweden)

    Metcalf Katrin Nyman

    2017-12-01

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

  7. Pragmatics in Court Interpreting: Additions

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2003-01-01

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

  8. Intercultural pragmatics and court interpreting

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2008-01-01

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

  9. Opteren voor de Netherlands Commercial Court

    NARCIS (Netherlands)

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

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

  10. Pacing and decision making in sport and exercise: the roles of perception and action in the regulation of exercise intensity.

    Science.gov (United States)

    Smits, Benjamin L M; Pepping, Gert-Jan; Hettinga, Florentina J

    2014-06-01

    In pursuit of optimal performance, athletes and physical exercisers alike have to make decisions about how and when to invest their energy. The process of pacing has been associated with the goal-directed regulation of exercise intensity across an exercise bout. The current review explores divergent views on understanding underlying mechanisms of decision making in pacing. Current pacing literature provides a wide range of aspects that might be involved in the determination of an athlete's pacing strategy, but lacks in explaining how perception and action are coupled in establishing behaviour. In contrast, decision-making literature rooted in the understanding that perception and action are coupled provides refreshing perspectives on explaining the mechanisms that underlie natural interactive behaviour. Contrary to the assumption of behaviour that is managed by a higher-order governor that passively constructs internal representations of the world, an ecological approach is considered. According to this approach, knowledge is rooted in the direct experience of meaningful environmental objects and events in individual environmental processes. To assist a neuropsychological explanation of decision making in exercise regulation, the relevance of the affordance competition hypothesis is explored. By considering pacing as a behavioural expression of continuous decision making, new insights on underlying mechanisms in pacing and optimal performance can be developed.

  11. Explaining African Participation in International Courts

    DEFF Research Database (Denmark)

    Gissel, Line Engbo; Brett, Peter

    2018-01-01

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

  12. Coordination and decision making of regulation, operation, and market activities in power systems

    Science.gov (United States)

    Nakashima, Tomoaki

    Electric power has been traditionally supplied to customers at regulated rates by vertically integrated utilities (VIUs), which own generation, transmission, and distribution systems. However, the regulatory authorities of VIUs are promoting competition in their businesses to lower the price of electric energy. Consequently, in new deregulated circumstances, many suppliers and marketers compete in the generation market, and conflict of interest may often occur over transmission. Therefore, a neutral entity, called an independent system operator (ISO), which operates the power system independently, has been established to give market participants nondiscriminatory access to transmission sectors with a natural monopoly, and to facilitate competition in generation sectors. Several types of ISOs are established at present, with their respective regions and authorities. The ISO receives many requests from market participants to transfer power, and must evaluate the feasibility of their requests under the system's condition. In the near future, regulatory authorities may impose various objectives on the ISOs. Then, based on the regulators' policies, the ISO must determine the optimal schedules from feasible solutions, or change the market participants' requests. In a newly developed power market, market participants will conduct their transactions in order to maximize their profit. The most crucial information in conducting power transactions is price and demand. A direct transaction between suppliers and consumers may become attractive because of its stability of price, while in a power exchange market, gaming and speculation of participants may push up electricity prices considerably. To assist the consumers in making effective decisions, suitable methods for forecasting volatile market price are necessary. This research has been approached from three viewpoints: Firstly, from the system operator's point of view, desirable system operation and power market structure

  13. Age Differences in the Influence of Induced Negative Emotion on Decision-Making: The Role of Emotion Regulation.

    Science.gov (United States)

    You, Xuqun; Ju, Chengting; Wang, Mo; Zhang, Baoshan; Liu, Pei

    2017-11-19

    In this study, we hypothesized that there is an age difference in the influence of negative emotion on decision-making and that this age difference is related to emotion regulation strategies. We carried out two studies. In the first, the older and younger adults completed the ultimatum game (UG) while in either an induced negative emotional or a neutral context. In the second, both the older and younger adults completed the UG while in an induced negative emotion while using either emotion reappraisal or expressive suppression to regulate their emotions during the task. The first study showed that, unlike younger adults, the older adults made similar choices in the neutral and negative induction groups. In addition, the older adults predominantly used a reappraisal strategy in both the negative and neutral emotional states, whereas the younger adults predominantly used a suppression strategy in the negative emotional state. In the second study, after the emotion regulation strategies were experimentally manipulated so that both age groups used the same strategy, we found no age difference in decision-making. Our findings indicated that the influence of negative emotion on decision-making differs between older and younger adults and that this age difference was associated with their different emotion regulation processes. © The Author 2017. Published by Oxford University Press on behalf of The Gerontological Society of America. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

  14. Trial Courts in the Judicial Process.

    Science.gov (United States)

    McKnight, R. Neal

    1981-01-01

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

  15. The Court in the Homeric Epos

    Science.gov (United States)

    Loginov, Alexandr

    2016-01-01

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

  16. DAF-12 Regulates a Connected Network of Genes to Ensure Robust Developmental Decisions

    Science.gov (United States)

    Stuckenholz, Carsten; Labhart, Paul; Alexiadis, Vassili; Martin, René; Knölker, Hans-Joachim; Fisher, Alfred L.

    2011-01-01

    The nuclear receptor DAF-12 has roles in normal development, the decision to pursue dauer development in unfavorable conditions, and the modulation of adult aging. Despite the biologic importance of DAF-12, target genes for this receptor are largely unknown. To identify DAF-12 targets, we performed chromatin immunoprecipitation followed by hybridization to whole-genome tiling arrays. We identified 1,175 genomic regions to be bound in vivo by DAF-12, and these regions are enriched in known DAF-12 binding motifs and act as DAF-12 response elements in transfected cells and in transgenic worms. The DAF-12 target genes near these binding sites include an extensive network of interconnected heterochronic and microRNA genes. We also identify the genes encoding components of the miRISC, which is required for the control of target genes by microRNA, as a target of DAF-12 regulation. During reproductive development, many of these target genes are misregulated in daf-12(0) mutants, but this only infrequently results in developmental phenotypes. In contrast, we and others have found that null daf-12 mutations enhance the phenotypes of many miRISC and heterochronic target genes. We also find that environmental fluctuations significantly strengthen the weak heterochronic phenotypes of null daf-12 alleles. During diapause, DAF-12 represses the expression of many heterochronic and miRISC target genes, and prior work has demonstrated that dauer formation can suppress the heterochronic phenotypes of many of these target genes in post-dauer development. Together these data are consistent with daf-12 acting to ensure developmental robustness by committing the animal to adult or dauer developmental programs despite variable internal or external conditions. PMID:21814518

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

    Directory of Open Access Journals (Sweden)

    Tatyana I. Eremina

    2014-12-01

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

  18. The right to water in the Netherlands, a story on a Ruling of one Court that challenged a questionalble tradition

    NARCIS (Netherlands)

    mr.dr. Bart F.W. Wernaart

    2010-01-01

    After decades of rejection of direct applicability of Article 11 ICESCR, recognizing among other things the human right to food including water, a District Court in the Netherlands ruled in June 2008 that the provision can be invoked in a court of law. The decision was inspired by a presumed change

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

    Directory of Open Access Journals (Sweden)

    Ovidiu-Horia Maican

    2017-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Bosilja Britvić Vetma

    2014-01-01

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

  1. Law and psychiatry: regulating psychotherapy or restricting freedom of speech? California's ban on sexual orientation change efforts.

    Science.gov (United States)

    Appelbaum, Paul S

    2014-01-01

    California's new law banning sexual orientation change efforts by licensed therapists for patients under 18 immediately provoked court challenges. Therapists, parents, and patients argued that the statute infringed constitutional rights to freedom of speech and parental rights to select treatments for their children. The U.S. Court of Appeals for the Ninth Circuit rejected all of these claims in a unanimous decision upholding the law. However, the decision evokes concerns that other forms of psychotherapy could be subject to similar regulation. Tort remedies may provide less intrusive means for discouraging use of ineffective and potentially harmful therapies.

  2. 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

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

    Directory of Open Access Journals (Sweden)

    Iman Prihandono

    2017-12-01

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

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

    DEFF Research Database (Denmark)

    Rytter, Jens Elo

    2003-01-01

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

  5. The Special Court for Sierra Leone

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

    2004-01-01

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

  6. Risk based economic optimization of investment decisions of regulated power distribution system operators; Risikobasierte wirtschaftliche Optimierung von Investitionsentscheidungen regulierter Stromnetzbetreiber

    Energy Technology Data Exchange (ETDEWEB)

    John, Oliver

    2012-07-01

    The author of the contribution under consideration reports on risk-based economic optimization of investment decisions of regulated power distribution system operators. The focus is the economically rational decision behavior of operators under certain regulatory requirements. Investments in power distribution systems form the items subject to decisions. Starting from a description of theoretical and practical regulatory approaches, their financial implications are quantified at first. On this basis, optimization strategies are derived with respect to the investment behavior. For this purpose, an optimization algorithm is developed and applied to exemplary companies. Finally, effects of uncertainties in regulatory systems are investigated. In this context, Monte Carlo simulations are used in conjunction with real options analysis.

  7. Environmental laws regulating chemicals: Uses of information in decision making under environmental statutes

    Energy Technology Data Exchange (ETDEWEB)

    Gaba, J.M. [Southern Methodist Univ., Dallas, TX (United States)

    1990-12-31

    Three areas are addressed in this paper: generic issues that arise simply in the process of decision-making under environmental statutes; different decision-making standards under various environmental statutes; and efforts to legislate a {open_quotes}safe{close_quotes} or {open_quotes}acceptable{close_quotes} risk from exposure to carcinogenic chemicals.

  8. Consumer-directed health care and the courts: let the buyer (and seller) beware.

    Science.gov (United States)

    Jacobson, Peter D; Tunick, Michael R

    2007-01-01

    In consumer-directed health care, patients will be expected to exert greater control over their spending decisions than before. As consumer-directed care gains market acceptance, courts will inevitably be involved in resolving challenges to the new arrangements. We anticipate that courts will be generally favorable toward consumer-directed care, but the new legal doctrine will not uniformly favor medical professionals and insurers. The information demands inherent in consumer-directed care will present particular legal challenges to physicians and insurers. Even as courts provide flexibility to reflect the new market realities, they will closely monitor how consumer-directed care is implemented.

  9. Rulings in Argentinean and Colombian courts decriminalize possession of small amounts of narcotics.

    Science.gov (United States)

    Cozac, David

    2009-12-01

    Two recent court decisions in South America have reflected a growing backlash in the region against the so-called, U.S.-led "war on drugs". In Argentina, the Supreme Court of Justice ruled unanimously on 25 August 2009 that the second paragraph of Article 14 of the country's drug control legislation, which punishes the possession of drugs for personal consumption, was unconstitutional. In Colombia, the Supreme Court of Justice ruled on 8 July 2009 that the possession of illegal drugs for personal use was not a criminal offence.

  10. 網路中立性與我國寬頻政策之探討 ― 由臺北高等行政法院九十九年度訴字第一六五四號判決談起 Network Neutrality and Broadband Policy in Taiwan ― Comment on Decision of Taipei High Administrative Court Su-Tzu No. 99-1654

    Directory of Open Access Journals (Sweden)

    葉志良 Chih-Liang Yeh

    2012-06-01

    services. Although the court decision is not directly relevant to the network neutrality principle, there are certain connections with network neutrality issue developed in the EU and the US regarding the transparency and nondiscrimination. The EU is inclined to discuss the issue from the angle of market competition, and it even adds the obligations of transparency to its latest revisions to the directive in 2009. The US tends to regulate the Internet through the network neutrality regulation, but it also adds the transparency requirement to the new regulation. Both the US and the EU believe that the transparency and nondiscrimination are the critical solutions to the network neutrality issue, and that the more transparent in disclosing the network management information, the more market competitive effects can be achieved. Probably the network neutrality regulation is not necessary in Taiwan; rather, we just need more competition in our broadband market.

  11. Criminal Courts of Justice, Dublin

    Directory of Open Access Journals (Sweden)

    Jonathan Tooth

    2012-04-01

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

  12. A Prospect and Challenges for Adopting Constitutional Complaint and Constitutional Question in the Indonesian Constitutional Court

    OpenAIRE

    Faiz, Pan Mohamad

    2016-01-01

    A jurisdiction of the Indonesian Constitutional Court concerning constitutional adjudication is only limited to review the constitutionality of national law. There is no mechanism for challenging any decision or action made by public authorities that violate fundamental rights enshrined in the Indonesian Constitution. This article argues that constitutional complaint and constitutional question might be adopted as new jurisdictions of the Indonesian Constitutional Court in order to strengthen...

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

    Directory of Open Access Journals (Sweden)

    Chechetin A. E.

    2012-05-01

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

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

    Directory of Open Access Journals (Sweden)

    Marcelo Tadeu de Assunção Sobrinho

    2016-12-01

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

  15. ECHR and national constitutional courts

    OpenAIRE

    Nastić, Maja

    2015-01-01

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

  16. On appointment of Courts presidents - some open questions

    Directory of Open Access Journals (Sweden)

    Mijo Galiot

    2014-01-01

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

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

    Science.gov (United States)

    1998-05-01

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

  18. Classification, Social Contracts, Obligations, Civil Rights, and the Supreme Court: Sutton v. United Air Lines.

    Science.gov (United States)

    Turnbull, H. Rutherford, III; Stowe, Matthew J.

    2001-01-01

    This article analyzes the 1999 decision of the U.S. Supreme Court, Sutton v. United Air Lines, as it pertains to people with disabilities, especially students covered by federal education and civil rights legislation. It sets out implications of the decision for special and general educators as they engage in Individualized Education Program…

  19. Court to Kid: Sorry, Matt, You Can't Say That at a School Assembly.

    Science.gov (United States)

    Sendor, Benjamin

    1986-01-01

    Examines a United States Supreme Court decision upholding the Bethel, Washington, school district in disciplining a student for giving a sexually provocative speech. Refers to the 1969 decision in "Tinker v. Des Moines Independent Community School District," in which students had been suspended for wearing symbols of opposition to the…

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

    Directory of Open Access Journals (Sweden)

    Marieta SAFTA

    2012-06-01

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

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

    Science.gov (United States)

    Jorqui Azofra, María

    2007-01-01

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

  2. [Critical considerations on the legal regulation of sex selection (Part I)].

    Science.gov (United States)

    Pérez Alonso, Esteban Juan

    2002-01-01

    Gender selection, and particularly its regulation, is a controversial issue. The author discusses the current problems surrounding gender selection from the very beginnings, and illustrates his views with an actual and controversial case in which a woman allowed to undergo artificial insemination was given the possibility of choosing the sex of her child. The author also discusses possible solutions and the penal, administrative regulation of the issue, as well as examining the court's decision in this particular case.

  3. Proposal for an integrated risk informed decision making process for German regulators

    International Nuclear Information System (INIS)

    Einarsson, Svante; Wielenberg, Andreas

    2013-01-01

    Regulatory decisions for German nuclear power plants (NPP) have traditionally been based on deterministic safety analyses. However, the IRRS-Mission of IAEA in 2008 proposed, among others, in 'Suggestion 25' to develop a national policy 'on the use of risk insights in the regulatory framework and decision making'. Consequently, the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) launched a project with the goal of developing a proposal for a uniform federal approach on using risk information in decision making. To this end, the state of the application of probabilistic and risk informed methods has been investigated both on an international and a national level. On the international level, the concept of Integrated Risk Informed Decision Making (IRIDM) has been defined in INSAG-25. It is a structured process, in which all knowledge and requirements relevant to the issue in question are to be considered in a decision. Such knowledge and other requirements are e.g. deterministic and probabilistic safety analyses, regulatory requirements and other applicable findings (including cost-benefit analyses). The IRIDM concept according to INSAG-25 is the cornerstone of the proposal for a uniform federal German approach for IRIDM in the regulatory framework for nuclear installations in Germany. (orig.)

  4. Obrigheim nuclear power plant. Federal Administrative Court, judgement of June 7, 1991. BVerWG 7 C 43.90

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    With its judgement the Federal Administrative Court has reversed the decision of the Administrative Court of Justice (VGH) Baden-Wuerttemberg from May 1990. Legally incorrect the VGH has assumed that the nuclear power station Obrigheim was in operation without necessary license as the second operating license was limited to a test run and the time past was to long for a test run. In the opinion of the Federal Administrative Court by giving a license for the test run without determinating a limit in time permanent operation is not definitively permitted, but it is permitted until the office takes a decision about the end of the test run. (orig.) [de

  5. Emotion regulation and risk taking: predicting risky choice in deliberative decision making

    NARCIS (Netherlands)

    Panno, A.; Lauriola, M.; Figner, B.

    2013-01-01

    Only very recently has research demonstrated that experimentally induced emotion regulation strategies (cognitive reappraisal and expressive suppression) affect risky choice (e.g., Heilman et al., 2010). However, it is unknown whether this effect also operates via habitual use of emotion regulation

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

    Science.gov (United States)

    Freckelton, Ian

    2013-09-01

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

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

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

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

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

    Science.gov (United States)

    Petersen, K

    1992-06-01

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

  9. Building the Future: Post-transcriptional Regulation of Cell Fate Decisions Prior to the Xenopus Midblastula Transition.

    Science.gov (United States)

    Sheets, Michael D

    2015-01-01

    In all animals, a critical period in early development is when embryonic cells switch from relying solely upon maternally deposited RNAs and proteins to relying upon molecules encoded by the zygotic genome. Xenopus embryos have served as a model for examining this switch, as well as the maternally controlled stages that prepare for it. In Xenopus, the robust activation of zygotic transcription occurs at the 12th cleavage division and is referred to as the midblastula transition (MBT). Prior to MBT, gene expression is regulated by post-transcriptional events including mRNA and protein localization, protein post-translational modification, and mRNA translation. After the MBT, appropriate transcriptional regulation of the zygotic genome becomes critical and predominates. However, it is important to realize that the first key cell fate decisions that have profound impacts on development occur prior to the MBT and these are governed by regulating the expression of maternally deposited regulatory mRNAs and proteins. In this chapter, I will discuss post-transcriptional mechanisms that function during the maternal stages of Xenopus development with an emphasis on mechanisms known to directly modulate cell fate decisions. Emerging approaches and technologies that will help better understand this phase of development will also be discussed. © 2015 Elsevier Inc. All rights reserved.

  10. Administrative court control in taxation matters

    OpenAIRE

    Nataša Zunić Kovačević

    2016-01-01

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

  11. Final disposal of spent nuclear fuels - regulations and the roles of different stakeholders during the decision making process

    International Nuclear Information System (INIS)

    2007-05-01

    In November 2006 Swedish Nuclear Fuels Co. applied for a license to build a plant for encapsulation of spent nuclear fuels at Oskarshamn, Sweden. The company also have plans to apply, in 2009, for a license to construct a underground repository for spent nuclear fuels. KASAM arranged a seminar in November 2006 in order to describe and discuss the licensing rules and regulations and the roles of different parties in the decision making. Another objective of the seminar was to point out possible ambiguities in this process. Another interesting question under discussion was in what ways the basic data for the decision should be produced. The seminar covered the part of the process beginning with the application for a license and ending with the government approval/rejection of the application. Most time was spent on the legal aspects of the process

  12. Toward an operational model of decision making, emotional regulation, and mental health impact.

    Science.gov (United States)

    Collura, Thomas Francis; Zalaquett, Ronald P; Bonnstetter, Carlos Joyce; Chatters, Seria J

    2014-01-01

    Current brain research increasingly reveals the underlying mechanisms and processes of human behavior, cognition, and emotion. In addition to being of interest to a wide range of scientists, educators, and professionals, as well as laypeople, brain-based models are of particular value in a clinical setting. Psychiatrists, psychologists, counselors, and other mental health professionals are in need of operational models that integrate recent findings in the physical, cognitive, and emotional domains, and offer a common language for interdisciplinary understanding and communication. Based on individual traits, predispositions, and responses to stimuli, we can begin to identify emotional and behavioral pathways and mental processing patterns. The purpose of this article is to present a brain-path activation model to understand individual differences in decision making and psychopathology. The first section discusses the role of frontal lobe electroencephalography (EEG) asymmetry, summarizes state- and trait-based models of decision making, and provides a more complex analysis that supplements the traditional simple left-right brain model. Key components of the new model are the introduction of right hemisphere parallel and left hemisphere serial scanning in rendering decisions, and the proposition of pathways that incorporate both past experiences as well as future implications into the decision process. Main attributes of each decision-making mechanism are provided. The second section applies the model within the realm of clinical mental health as a tool to understand specific human behavior and pathology. Applications include general and chronic anxiety, depression, paranoia, risk taking, and the pathways employed when well-functioning operational integration is observed. Finally, specific applications such as meditation and mindfulness are offered to facilitate positive functioning.

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

    Science.gov (United States)

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

    2016-07-01

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

  14. Victimological aspects of court judgments

    Directory of Open Access Journals (Sweden)

    Bačanović Oliver

    2012-01-01

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

  15. Abortion in the light of case-law of the European Court of Human Rights

    OpenAIRE

    Koubková, Iveta

    2012-01-01

    Thesis: Abortion in the light of case law of European Court of Human Rights This thesis focuses on the legal regulation of abortion in selected European countries in order to find single European standard. It concentrates primarily on issues of assessing violations of particular articles of the Convention on Human Rights and Fundamental Freedoms by the European Court of Human Rights or former European Commission of Human Rights in relation to specific cases associated with abortion. Abortion ...

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

    OpenAIRE

    Solovyev, A.

    2013-01-01

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

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

    Science.gov (United States)

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

    2013-09-01

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

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

    Directory of Open Access Journals (Sweden)

    Birmontienė Toma

    2015-01-01

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

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

    OpenAIRE

    Marta Rodriguez de Assis Machado; Natália Neris da Silva Santos; Carolina Cutrupi Ferreira

    2015-01-01

    The paper presents the main results of an empirical research on decisions in cases concerning racism, racial discrimination and racial slander handed down by Brazilian Appeal Courts. We analyzed 200 decisions from 1998 to 2010 that are available on the online databanks of the Appeal Courts of nine Brazilian Federal States (Acre, Bahia, Mato Grosso do Sul, Paraíba, Pernambuco, Rio de Janeiro, Rondônia, Rio Grande do Sul e São Paulo). The data presented allows us to discuss the current diagnosi...

  20. 25 CFR 11.912 - Contempt of court.

    Science.gov (United States)

    2010-04-01

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

  1. Status of Court Management in Switzerland

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2012-12-01

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

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

    International Nuclear Information System (INIS)

    Anon.

    1994-01-01

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

  3. Your business in court: 2009-2010.

    Science.gov (United States)

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

    2011-01-01

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

  4. Court Cases Involving Contracts for School Districts

    Science.gov (United States)

    Allen, L. Hank

    2011-01-01

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

  5. 78 FR 14017 - Courts of Indian Offenses

    Science.gov (United States)

    2013-03-04

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

  6. Editorial Coverage of Reagan Supreme Court Nominees.

    Science.gov (United States)

    Hale, F. Dennis

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

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

    African Journals Online (AJOL)

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

  8. Sociomateriality at the Royal Court of IS

    DEFF Research Database (Denmark)

    Kautz, Karlheinz; Jensen, Tina Blegind

    2013-01-01

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

  9. Dynamic analysis of the combinatorial regulation involving transcription factors and microRNAs in cell fate decisions.

    Science.gov (United States)

    Yan, Fang; Liu, Haihong; Liu, Zengrong

    2014-01-01

    P53 and E2F1 are critical transcription factors involved in the choices between different cell fates including cell differentiation, cell cycle arrest or apoptosis. Recent experiments have shown that two families of microRNAs (miRNAs), p53-responsive miR34 (miRNA-34 a, b and c) and E2F1-inducible miR449 (miRNA-449 a, b and c) are potent inducers of these different fates and might have an important role in sensitizing cancer cells to drug treatment and tumor suppression. Identifying the mechanisms responsible for the combinatorial regulatory roles of these two transcription factors and two miRNAs is an important and challenging problem. Here, based in part on the model proposed in Tongli Zhang et al. (2007), we developed a mathematical model of the decision process and explored the combinatorial regulation between these two transcription factors and two miRNAs in response to DNA damage. By analyzing nonlinear dynamic behaviors of the model, we found that p53 exhibits pulsatile behavior. Moreover, a comparison is given to reveal the subtle differences of the cell fate decision process between regulation and deregulation of miR34 on E2F1. It predicts that miR34 plays a critical role in promoting cell cycle arrest. In addition, a computer simulation result also predicts that the miR449 is necessary for apoptosis in response to sustained DNA damage. In agreement with experimental observations, our model can account for the intricate regulatory relationship between these two transcription factors and two miRNAs in the cell fate decision process after DNA damage. These theoretical results indicate that miR34 and miR449 are effective tumor suppressors and play critical roles in cell fate decisions. The work provides a dynamic mechanism that shows how cell fate decisions are coordinated by two transcription factors and two miRNAs. This article is part of a Special Issue entitled: Computational Proteomics, Systems Biology and Clinical Implications. Guest Editor: Yudong Cai

  10. Justice blocks and predictability of U.S. Supreme Court votes.

    Directory of Open Access Journals (Sweden)

    Roger Guimerà

    Full Text Available Successful attempts to predict judges' votes shed light into how legal decisions are made and, ultimately, into the behavior and evolution of the judiciary. Here, we investigate to what extent it is possible to make predictions of a justice's vote based on the other justices' votes in the same case. For our predictions, we use models and methods that have been developed to uncover hidden associations between actors in complex social networks. We show that these methods are more accurate at predicting justice's votes than forecasts made by legal experts and by algorithms that take into consideration the content of the cases. We argue that, within our framework, high predictability is a quantitative proxy for stable justice (and case blocks, which probably reflect stable a priori attitudes toward the law. We find that U.S. Supreme Court justice votes are more predictable than one would expect from an ideal court composed of perfectly independent justices. Deviations from ideal behavior are most apparent in divided 5-4 decisions, where justice blocks seem to be most stable. Moreover, we find evidence that justice predictability decreased during the 50-year period spanning from the Warren Court to the Rehnquist Court, and that aggregate court predictability has been significantly lower during Democratic presidencies. More broadly, our results show that it is possible to use methods developed for the analysis of complex social networks to quantitatively investigate historical questions related to political decision-making.

  11. A decision support system for the maintenance of lights of traffic regulation systems

    NARCIS (Netherlands)

    Duyn Schouten, F.A. van der; Klusener, A.S.; Vlijmen, S.F.M. van; Vos de Wael, S.L.E.

    From October 1994 to June 1995 the authors executed a project, the so called 'Lampremplace' project, in cooperation with Nederland Haarlem, a Dutch constructor and supplier of traffic regulation systems. 'Lampremplace', as it is called in traffic jargon, is the maintenance of lights of traffic

  12. Pursuing transparency through science courts

    Energy Technology Data Exchange (ETDEWEB)

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

    1999-12-01

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

  13. Pursuing transparency through science courts

    International Nuclear Information System (INIS)

    Field, Thomas G. Jr.

    1999-01-01

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

  14. Pursuing transparency through science courts

    Energy Technology Data Exchange (ETDEWEB)

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

    1999-12-01

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

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

    International Nuclear Information System (INIS)

    Cook, C.E.

    1980-01-01

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

  16. THE NECESSITY OF ENSURING PERSONAL RELATIONSHIPS WITH THE MINOR. GUARANTEEING THE BEST INTEREST OF THE CHILD IN TERMS OF THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS

    Directory of Open Access Journals (Sweden)

    CARMINA ALECA

    2011-04-01

    Full Text Available We can not ignore, concerning the regulation of relationships between parents and children, a real assessment of the child's best interest, this being left to the courts or competent authorities’ decision. An issue that needs to be clarified is the divorce situation, when the court entrusts the child to one of the parents, who prevents the other one to have contact with him. Although the legal text refers only to acts committed after the pronouncement of the sentence of entrusting custody of minor, however the judicial practice stated that it is also about those situations in which these acts are committed before pronouncement of the judicial sentence. In this regard, assessing the child's best interest is also a sensitive issue and extremely important by the fact that the court must maintain a balance between the need to ensure a child's growth and harmonious development and respect for privacy and family, as it is covered in Article 8 of the European Convention on Human Rights, even if it is about the right of the child or of one of his parents.

  17. A PLEADING IN FAVOUR OF THE CONSTITUTIONAL COURT

    Directory of Open Access Journals (Sweden)

    Valentina BĂRBĂŢEANU

    2016-05-01

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

  18. An expectancy-value model of emotion regulation: implications for motivation, emotional experience, and decision making.

    Science.gov (United States)

    Tamir, Maya; Bigman, Yochanan E; Rhodes, Emily; Salerno, James; Schreier, Jenna

    2015-02-01

    According to expectancy-value models of self-regulation, people are motivated to act in ways they expect to be useful to them. For instance, people are motivated to run when they believe running is useful, even when they have nothing to run away from. Similarly, we propose an expectancy-value model of emotion regulation, according to which people are motivated to emote in ways they expect to be useful to them, regardless of immediate contextual demands. For instance, people may be motivated to get angry when they believe anger is useful, even when there is nothing to be angry about. In 5 studies, we demonstrate that leading people to expect an emotion to be useful increased their motivation to experience that emotion (Studies 1-5), led them to up-regulate the experience of that emotion (Studies 3-4), and led to emotion-consistent behavior (Study 4). Our hypotheses were supported when we manipulated the expected value of anxiety (Study 1) and anger (Studies 2-5), both consciously (Studies 1-4) and unconsciously (Study 5). We discuss the theoretical and pragmatic implications of the proposed model. PsycINFO Database Record (c) 2015 APA, all rights reserved.

  19. The International Criminal Court and Peace Processes in Africa

    DEFF Research Database (Denmark)

    Gissel, Line Engbo

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

  20. The Temelin-Judgement of the European Court of Justice

    International Nuclear Information System (INIS)

    Scharf, W.G.

    2010-01-01

    On 27 October 2009, the European Court of justice (E.C.J.) rendered its milestone decision in the so called Cez case which deals with the operation of the Temelin nuclear power plant in the Czech Republic. The nuclear power plant in Temelin has strongly strained the relationship between Austria and the Czech Republic throughout its history, involving not only local communities but also high level politicians, members of Parliament and European Union institutions. Against the background of this tense relationship, the case was brought before the E.C.J., whose judgment shall be analysed in this paper. (N.C.)

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

    National Research Council Canada - National Science Library

    Short, John J

    1987-01-01

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

  2. A History of Court and Commoner Clothing in Vietnam

    Directory of Open Access Journals (Sweden)

    Liam C. Kelley

    2016-09-01

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

  3. Análise técnica para a tomada de decisão do fornecimento de medicamentos pela via judicial Análisis técnico para la toma de decisiones de abastecimiento de medicamentos por la vía judicial A technical analysis of medicines request-related decision making in Brazilian courts

    Directory of Open Access Journals (Sweden)

    Eloisa Israel de Macedo

    2011-08-01

    procesos fueron obtenidas en el Tribunal de Justicia del Estado de Sao Paulo. Los documentos administrativos legales que regulan la asistencia farmacéutica fueron consultados para identificar la solicitud judicial de medicamentos incorporados por el Sistema Único de Salud. Para análisis del nivel de evidencia de los medicamentos en las indicaciones clínicas referidas, fue consultada la base de datos Thomson Micromedex®. RESULTADOS: El número de medicamentos solicitados en cada proceso varió entre uno y siete ítems, en los cuales fueron identificados 77 fármacos diferentes. De los medicamentos solicitados, 14,3% deberían estar disponibles en la atención básica del Sistema Único de Salud, 19,5% en el componente de medicamentos de dispensación excepcional y 66,2% no pertenecían a ninguna lista oficial. Medicamentos del componente de dispensación excepcional presentaron mejor evidencia clínica al ser indicados en el tratamiento de enfermedades cubiertas por los Protocolos Clínicos y Directrices Terapéuticas del Ministerio de la Salud. CONCLUSIONES: La vía judicial ha sido utilizada para garantizar el acceso a medicamentos cuyo abastecimiento está previsto en el Sistema Único de Salud y para solicitar aquellos no incorporados por él. La evaluación del nivel de evidencia refuerza la necesidad de análisis técnica para la toma de decisión del abastecimiento de medicamentos por la vía judicial.OBJECTIVE: To analyze judicial requests for medications that are covered by the pharmaceutical assistance components of the Sistema Único de Saúde (SUS - Brazilian Unified Health System. METHODS: We analyzed 81 judicial requests for medications in the State of São Paulo between 2005 and 2009. The details of these cases were obtained electronically from the Court of Justice of the State of São Paulo. Directives that regulate pharmaceutical assistance were consulted to identify judicially requested medications that are covered by the SUS. To assess the level of

  4. Comparison of victims' reports and court records of intimate partner violence perpetrators' criminal case outcomes.

    Science.gov (United States)

    Bell, Margret E; Larsen, Sadie E; Goodman, Lisa A; Dutton, Mary Ann

    2013-09-01

    Intimate partner violence (IPV) victims often report feeling confused and uninformed about court proceedings, including even about the final disposition of the case against their partner. This is problematic because victims' decisions in responding to subsequent abuse may be significantly influenced by their beliefs about the outcomes of prior court experiences. Also, researchers often rely on victim report of court case outcomes; discrepancies between women's reports and official records may account for some of the conflicting findings in the empirical literature. In the current study, we compared the reports of case outcome given by 81 women recruited immediately after the final hearing of an IPV-related criminal case against their perpetrator with court records of case outcome. Findings revealed a fair level of agreement between women's reports and court files that was significantly different from the level of agreement expected by chance, but far from perfect. Level of agreement increased substantially when cases involving suspended sentences were removed. In reviewing these findings, we discuss the extent to which results can or cannot be interpreted as reflecting the accuracy of women's knowledge and review their implications for IPV researchers and court systems.

  5. Omission in Possible: the Forensic Linguistics Autopsy of the Court Interpreting Praxis

    Directory of Open Access Journals (Sweden)

    Taufiq Jati Murtaya

    2018-01-01

    Full Text Available To have a proportional rendition, an interpreter has to deal with the dilemmatic decision of technique employment. In fact, in a case of court interpreting there are a bunch of oppressive moments, since its impact is exclusively stroke on the hearings’ route; and generally in the law enforcement constitution. For that fundamental circumstance, this article links the perspectives to achieve the goal how the court interpreting should be held from the notion of one of the interpreting strategies, namely the omission and the conceptual perspective of forensic linguistics. Here, this article reviews some points of view from both sides; and scrutinizes what lies beneath so the findings are beneficial for the court interpreting practices and studies. This article articulates that the omissions are taken for the sake of the prosecution flawless systemic process. Thus, the interpreter should be aware of the nuance of the two main conditions of the witness examination session i.e. the examination-in-chief and the cross-examination. More importantly, the forensic linguistics considers this as the effort in a working condition of the court interpreter to keep the most proportional judicial atmosphere in balance in terms of symmetrical and asymmetrical relation. This article then proposes the significance of having more knowledge on forensic linguistics for a court interpreter in doing and learning court interpreting.

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

    International Nuclear Information System (INIS)

    Haeusler, D.

    1977-01-01

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

  7. Phosphorylation of the Synaptonemal Complex Protein Zip1 Regulates the Crossover/Noncrossover Decision during Yeast Meiosis.

    Directory of Open Access Journals (Sweden)

    Xiangyu Chen

    2015-12-01

    Full Text Available Interhomolog crossovers promote proper chromosome segregation during meiosis and are formed by the regulated repair of programmed double-strand breaks. This regulation requires components of the synaptonemal complex (SC, a proteinaceous structure formed between homologous chromosomes. In yeast, SC formation requires the "ZMM" genes, which encode a functionally diverse set of proteins, including the transverse filament protein, Zip1. In wild-type meiosis, Zmm proteins promote the biased resolution of recombination intermediates into crossovers that are distributed throughout the genome by interference. In contrast, noncrossovers are formed primarily through synthesis-dependent strand annealing mediated by the Sgs1 helicase. This work identifies a conserved region on the C terminus of Zip1 (called Zip1 4S, whose phosphorylation is required for the ZMM pathway of crossover formation. Zip1 4S phosphorylation is promoted both by double-strand breaks (DSBs and the meiosis-specific kinase, MEK1/MRE4, demonstrating a role for MEK1 in the regulation of interhomolog crossover formation, as well as interhomolog bias. Failure to phosphorylate Zip1 4S results in meiotic prophase arrest, specifically in the absence of SGS1. This gain of function meiotic arrest phenotype is suppressed by spo11Δ, suggesting that it is due to unrepaired breaks triggering the meiotic recombination checkpoint. Epistasis experiments combining deletions of individual ZMM genes with sgs1-md zip1-4A indicate that Zip1 4S phosphorylation functions prior to the other ZMMs. These results suggest that phosphorylation of Zip1 at DSBs commits those breaks to repair via the ZMM pathway and provides a mechanism by which the crossover/noncrossover decision can be dynamically regulated during yeast meiosis.

  8. Considering the consequences of increased reliance on judicial assistants: A study on Dutch courts

    NARCIS (Netherlands)

    Holvast, N.L.

    2014-01-01

    Virtually all judicial systems employ judicial staff members to assist judges in their work. However, except for US Supreme Court law clerks the role of these judicial assistants in judicial decision-making is minimally understood. This observation also holds true for the Netherlands, where an

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

    International Nuclear Information System (INIS)

    Anon.

    1987-01-01

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

  10. The Use of the Courts by Women's Groups to Obtain Rights.

    Science.gov (United States)

    O'Connor, Karen

    This study examines how women's groups have made use of litigation strategy to gain favorable policy decisions from the U.S. Supreme Court. The litigation strategies associated with four groups are discussed in the major portion of the report. These groups are: (1) the National Women's Suffrage Association (NWSA), active from 1869 to 1875; (2) the…

  11. Microsoft and the Court of First Instance: What Does it All Mean?

    OpenAIRE

    Renata Hesse

    2007-01-01

    As someone who has spent a considerable portion of the last five years working on issues involving Microsoft’s conduct and the competition laws, I read with interest the commentary that followed the issuance of the Court of First Instance’s decision on September 17.

  12. Dutch Supreme Court 2012: Virtual Theft Ruling a One-Off or First in a Series?

    NARCIS (Netherlands)

    Lodder, A.R.

    2013-01-01

    In January 2012 the Dutch Supreme Court decided that virtual objects and pre-paid accounts can be stolen. This paper examines the Supreme Court’s Runescape decision and discusses virtual theft. Virtual theft is legally interesting from various perspectives. First, the rules of Runescape do not allow

  13. Regional Appeal Court Duesseldorf, judgement of December 28, 1984 (Information on the risk of radiation treatment)

    International Nuclear Information System (INIS)

    Anon.

    1987-01-01

    In its decision of December 28, 1984, the Regional Appeal Court of Duesseldorf deals with the obligation to give information about the risks involved in radiation treatment. The intensity and exactness of the medical explanation is to be judged with regard to the current knowledge of the physicians which reasonably can be expected. (WG) [de

  14. High Court Rules that Law Bars Bias against Persons with Contagious Ills.

    Science.gov (United States)

    Fields, Cheryl M.

    1987-01-01

    The Supreme Court has ruled that Section 504 of the Rehabilitation Act of 1973, which protects disabled people from discrimination, covers persons with contagious diseases. This decision is seen as strengthening the rights of people suffering from AIDS as well as other diseases. (MSE)

  15. Federal, state, and local regulation of radioactive-waste transportation: Progress toward a definition of regulatory authority

    International Nuclear Information System (INIS)

    Livingston-Behan, E.A.

    1986-01-01

    The supremacy clause, the commerce clause, and the equal-protection guarantees of the U.S. Constitution establish the basic framework for defining the authority of Federal, State, and local governments to regulate the transportation of radioactive waste. Court decisions and advisory rulings of the U.S. Department of Transportation (DOT) suggest that State and local regulation of the transportation of spent nuclear fuel and high-level radioactive waste is precluded under supremacy-clause principles to the extent that such regulation addresses nuclear safety or aspects of transportation that are already specifically regulated by the Federal government. Even where State and local requirements are found to be valid under the supremacy clause, they must still satisfy constitutional requirements under the commerce and equal-protection clauses. Despite stringent standards of review, State and local transportation requirements have been upheld where directly related to the traditional exercise of police powers in the area of transportation. Legitimate State and local police-power activities identified to date by the DOT and the courts include inspection and enforcement, immediate accident reporting, local regulation of traffic, and certain time-of-day curfews. The extent to which State and local permitting requirements and license fees may be determined valid by the DOT and the courts remains unclear. Continued clarification by the DOT and the courts as to the validity of permits and fees will serve to further define the appropriate balance for Federal, State, and local regulation of radioactive-waste transportation

  16. Procedure of preliminary decision as a supranational judicial keynote of the European Union member states

    Directory of Open Access Journals (Sweden)

    Delia Magherescu

    2017-10-01

    Full Text Available The procedure of preliminary decision has been for a long time agreed unanimously both by doctrine and jurisprudence and considered as a keynote in developing notional law systems of the European Communities. In the national frame, it is similarly with submitting unconstitutional exception, regulated in several national jurisdictions of the EU Member States. The current paper aims at providing some argues based on a jurisprudence frame of the procedure of preliminary decision made by the Court of Justice of the European Union, as being directory for the national EU Member States’ courts of justice. It also focuses on the judicial issues whose solution is needed in order for the national justice to solve the cases they were invested with.

  17. The Organic Regulations - Modernist decisions with major impact upon the Romanian Principalities

    Directory of Open Access Journals (Sweden)

    Gheorghe Florin Hostiuc

    2013-11-01

    Full Text Available Since 1848 great changes have occurred in Europe regarding the Church institution, its role and involvement in the social and political life. The Enlightenment ideas bring a new wind, a less religious one. The double-headed medieval government model fades away and finally disappears. The separation of powers in state becomes the directive. In such circumstances, the Romanian Principalities also witness a quite slow but firm process of removing the Church from the political decisional area. There occur new forms of dispute between the secular and the religious powers. The influences upon the ecclesial institutions have been diverse, both positive and negative. The Organic Regulations imposed in the Principalities shall help the Orthodox Church refine and mould certain organizational aspects, and on the other hand they shall open the way to quite acute intrusions of the laity into the Church.

  18. Regulations and decisions in environmental impact assessment of residues radioactivity content

    International Nuclear Information System (INIS)

    Santos, Adir Janete Godoy dos

    2005-01-01

    Surveillance of natural radionuclides in the environment did not have high priority over many years compared to that of man-made radioactivity. There is, however, an increasing interest in such measurements since enhanced exposure to natural radioactivity is receiving the same legal weight as any other radiation exposure. In this context the surveillance of technologically enhanced naturally occurring materials, called TENORM becomes important. In Brazil, the industries of processing and chemical compounds production were developed based on mining, milling, transformation and manufacture of ores from sedimentary origin, ignea or metamorphic, which must determine the radioactive composition of the generated solid wastes and residues. Many solids residues stored in the environment has been of environmental concern facing the industries and environmentalists in Brazil as it presents a potential threat to the surrounding environment and to individuals occupationally exposed. Radiation protection regulations have not been applied yet to these industries, as the Brazilian regulatory agency (Comissao Nacional de Energia Nuclear - CNEN) has only recently published a regulatory guide concerning mining and milling of naturally occurring radioactive materials, which may generate enhanced concentrations of radionuclides. With respect to external and internal exposure to natural radionuclides from the solid residues storage, the nuclides of 232 Th, 235 U and 238 U decay chains are relevant, due to the exposure of workers as well as of members of the public. Radionuclides released from a source can be present as ions, molecules, complexes, mononuclear or polynuclear species, colloids, pseudocolloids, particles or fragments varying in size (nominal molecular mass), structure, morphology, density, valence and charge properties. One of the main points in environmental impact assessment is to identify whether the chemical availability is under influence of these speciation

  19. Role and activities of courts in procedures of atomic energy laws

    International Nuclear Information System (INIS)

    Shiono, Hiroshi

    1980-01-01

    The most typical dispute on atomic energy processes takes place in Japan around seeking the annulment of permission of the installation of reactors, and nine cases on the atomic energy facilities for power generation are now in discussion. Nullification proceedings are stipulated in the law of administrative issue legal procedure. Under the law, the abolition of administrative activities can be sought only by the persons who have legal interests, which mean legally protected interests according to Japanese court decisions. The expected damage due to hot water discharge from reactors was not examined in the Ikata judgement, because hot water discharge would be discussed in the examination of permission under the Electricity Enterprises Act, according to the court. In other respects, court judgements cover all dangers of atomic energy and harmful effects of radiation. The most important point of discussion is emergency core cooling system, and Japanese special circumstances are found in that the counter measures against earthquakes are the major problem. In the Ikata case, the court held that waste treatment should be examined, and that the judgement of the government office to some degree on the method of reprocessing would suffice. The Ikata decision maintained that the standard of safety examination should depend upon the present level of science. The attitude of the court in the Ikata case was not clear as to whether the discretion of the government office may be permitted in safety judgement. (Okada, K.)

  20. Hurdles to regulatory reform: a former regulator's view

    International Nuclear Information System (INIS)

    Rowden, M.A.

    1978-01-01

    The present paper reviews the numerous obstacles which should be overcome by reforming the regulations on nuclear installations; dual responsibilities of Federal and State Agencies, duplication of tasks entrusted to different Federal Agencies such as EPA and NRC. The sensitivity of public opinion towards nuclear decisions and political interferences are the source of other difficulties. The new Non-proliferation Act and the Licensing Reform Bill are analysed in the light of these considerations. In conclusion, the importance of the recent Supreme Court decision in the Vermont Yankee and Midland cases is emphasized in this context. (NEA) [fr

  1. Federal Administrative Court refused to declare the first partial license of the Muelheim-Kaerlich reactor null and void

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    In its decision of July 17, 1980, the Federal Administrative Court dismissed the appeal lodged by an appelant against the dimissal by the Supreme Administrative Court concerning the nullity of the first partial licence for the Muelheim-Kaerlich reactor as being unfounded. In doing so, the issue of nullity has been marked off from the issue of foreclosure of demurers. The amount in ligitation was fixed at 20000 DM for the proceedings of appeal. (HSCH) [de

  2. Effects of computerized decision support systems on blood glucose regulation in critically ill surgical patients.

    Science.gov (United States)

    Fogel, Sandy L; Baker, Christopher C

    2013-04-01

    The use of computerized decision support systems (CDSS) in glucose control for critically ill surgical patients has been reported in both diabetic and nondiabetic patients. Prospective studies evaluating its effect on glucose control are, however, lacking. The objective of this study was to evaluate patient-specific computerized IV insulin dosing on blood glucose levels (BGLs) by comparing patients treated pre-CDSS with those treated post-CDSS. A prospective study was performed in 4 surgical ICUs and 1 progressive care unit comparing patient data pre- and post-implementation of CDSS. The primary outcomes measures were the impact of the CDSS on glycemic control in this population and on reducing the incidence of severe hypoglycemia. Data on 1,682 patient admissions were evaluated, which corresponded to 73,290 BGLs post-CDSS compared with 44,972 BGLs pre-CDSS. The percentage of hyperglycemic events improved, with BGLs of >150 mg/dL decreasing by 50% compared with 6-month historical controls during the 18-month study period from July 2010 through December 2011. This was true for all 5 units individually (p < 0.0001, by one sample sign test). In addition, severe hypoglycemia (defined as BGL <40 mg/dL) decreased from 1% to 0.05% after implementing CDSS (p < 0.0001 by 2-sided binomial test). Patients whose BGLs were managed using CDSS were statistically significantly more likely to have a glucose reading under control (<150 mg/dL) than in the 6-month historical controls and to avoid serious hypoglycemia (p < 0.0001). Copyright © 2013 American College of Surgeons. Published by Elsevier Inc. All rights reserved.

  3. Rooster fighting, animal rights and the environment for the brazilian federal supreme court – a review of the adi 1856/rj

    Directory of Open Access Journals (Sweden)

    Carolina Carneiro Lima

    2015-12-01

    Full Text Available The present paper realized an analysis of the articulated issues and the decision rendered by the Supreme Court in ADI 1856/RJ that discusses the legal validity of the Law enacted by the state of Rio de Janeiro that regulates the practice of the rooster fighting. The standard was declared unconstitutional by the reason of the cruelty, which is subjected the combatant race birds. The decision had as a parameter the principle of human dignity and the constitutional determination that the environment must be protected by the government and by the community. The study is realized under the anthropocentric conception. The goal is to analyze the issue of cruelty against the animals and the protection of the man against the loss of their own dignity with violent actions. For the study, the deductive method was used, by the means bibliographic search to answer the problem that has its heart in reason to protect animals from cruel acts.

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

    Science.gov (United States)

    1995-06-30

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

  5. A reach of the principle of entry and the principle of reliability in the real estate cadastre in our court practice

    Directory of Open Access Journals (Sweden)

    Cvetić Radenka M.

    2015-01-01

    Full Text Available Through the review of the principle of entry and the principle of reliability in the Real Estate Cadastre and their reach in our court practice, this article indicates the indispensability of compliance with these principles for the sake of legal certainty. A formidable and a complex role of the court when applying law in order to rightfully resolve an individual case has been underlined. Having regard to the accountability of the courts for the efficacy of the legal system, without any intention to disavow the court practice, some deficiencies have been pointed out, with the aim to help. An abstract manner of legal norms necessarily requires a creative role of courts in cases which cannot be easily qualified. For that reason certain deviations ought to be made followed by reasoning which unambiguously leads to the conclusion that only a specific decision which the court rendered is possible and just.

  6. National New Court Cases Data Collection

    Data.gov (United States)

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

  7. National Court Remand Activity Data Collection

    Data.gov (United States)

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

  8. Opteren voor de Netherlands Commercial Court

    OpenAIRE

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

    2017-01-01

    Internationale contracten leiden tot internationale handelsgeschillen. Deze kunnen onder meer worden beslecht bij een commercial court. In Nederland wordt momenteel een Netherlands Commercial Court (NCC) opgericht. Dit introduceert een keuze voor (contracts)partijen voor een nieuw forum voor beslechting van internationale handelsgeschillen in de Engelse taal, waarbij de belangen van snelheid, efficiëntie en goede financierbaarheid centraal staan. Dit artikel verkent de positieve aspecten van ...

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

    OpenAIRE

    Alejandra Germán Doldán

    2015-01-01

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

  10. [Chakrabarty today: 30 years after the United States Supreme Court Resolution].

    Science.gov (United States)

    Bergel, Salvador Darío

    2010-01-01

    The decision of the United States Supreme Court in the Chakrabarty case marked the beginning of a far reaching process, the development of which considerably extended the field of patentabiltiy of humans, their body parts and genetic information. The author believes that a period of three decades is sufficient to draw conclusions. A critical point has been reached from a debatable decision, which had more economic support than legal, which requires serious recapitulation of the scope and the purpose of industrial property rights.

  11. Past and Future for Management of Courts

    Directory of Open Access Journals (Sweden)

    Bert Maan

    2009-08-01

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

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

    Science.gov (United States)

    2006-09-26

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

  13. 25 CFR 11.901 - The children's court established.

    Science.gov (United States)

    2010-04-01

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

  14. Transcriptional regulation of lineage commitment--a stochastic model of cell fate decisions.

    Directory of Open Access Journals (Sweden)

    Jose Teles

    Full Text Available Molecular mechanisms employed by individual multipotent cells at the point of lineage commitment remain largely uncharacterized. Current paradigms span from instructive to noise-driven mechanisms. Of considerable interest is also whether commitment involves a limited set of genes or the entire transcriptional program, and to what extent gene expression configures multiple trajectories into commitment. Importantly, the transient nature of the commitment transition confounds the experimental capture of committing cells. We develop a computational framework that simulates stochastic commitment events, and affords mechanistic exploration of the fate transition. We use a combined modeling approach guided by gene expression classifier methods that infers a time-series of stochastic commitment events from experimental growth characteristics and gene expression profiling of individual hematopoietic cells captured immediately before and after commitment. We define putative regulators of commitment and probabilistic rules of transition through machine learning methods, and employ clustering and correlation analyses to interrogate gene regulatory interactions in multipotent cells. Against this background, we develop a Monte Carlo time-series stochastic model of transcription where the parameters governing promoter status, mRNA production and mRNA decay in multipotent cells are fitted to experimental static gene expression distributions. Monte Carlo time is converted to physical time using cell culture kinetic data. Probability of commitment in time is a function of gene expression as defined by a logistic regression model obtained from experimental single-cell expression data. Our approach should be applicable to similar differentiating systems where single cell data is available. Within our system, we identify robust model solutions for the multipotent population within physiologically reasonable values and explore model predictions with regard to

  15. Effects of New Audit Regulation on Auditor´s Perceptions by Independence Issues, Audit Planning Activities and Reporting Decisions

    DEFF Research Database (Denmark)

    Kiertzner, Lars

    of scepticism in new audit regulation are expected to make the auditors´ decisions by interpreting principles more restrictive, or direct in conformity with prescriptive regulation, whereas the importance of professional judgement is diminishing by independence threats and reporting decisions. Furthermore...... and in 2005 with 121 State Authorized Public Accountants as respondents. The hypotheses are supported, except for the absence of an expected complexity effect of the new audit process in the context of a small audit engagement. Auditors are more restrictive in 2005 when confronted with threats of self...

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

    Directory of Open Access Journals (Sweden)

    Abdullah Gofar

    2017-07-01

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

  17. The Institutional Strategy of Brazilian Supreme Court on the Legislative Process

    Directory of Open Access Journals (Sweden)

    Fernando Bentes Bentes

    2016-12-01

    Full Text Available The Brazilian Federal Constitution established a framework of laws that allow for the Supreme Court to act over the social life and branches of the government. Nevertheless, the analysis of the federal legislative process by the strategic institutional approach demonstrates that the panorama among state departments is not asymmetric. In fact, the separation of powers game can create groups of scenarios that generate decisions based on the preference of individual judges, or that restrict the autonomy of the Court when criticism or external retaliations threaten its authority.

  18. The Swiss Federal Supreme Court: A Constitutional Assessment of Control and Management Mechanisms

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2008-10-01

    Full Text Available Even the highest courts are under pressure to perform effectively and efficiently. In some instances, the pressure comes from supervisory and elected authorities, such as parliaments, which demand information regarding judicial output. In Switzerland a decision has been made by the Parliament to apply “steering instruments”, which were introduced as part of general administrative reforms. These procedures also include mechanisms for “controlling” 2 judicial activity. In this article, we examine reforms relating to the Swiss Federal Supreme Court , and the compatibility of those reforms with separation of powers principles.

  19. Federal Administrative Court recognizes foreclosure of demurer in administrative proceedings, too

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    In its decision of July 17, 1980, the Federal Administrative Court dismissed the appeal lodged by the community S. against the dismissal by the administrative court concerning the action to set aside the license granted for the Wyhl reactor. In doing so, and by giving full reasons, the effectiveness of the foreclosure of demurers in administrative proceedings has been recognized and the notion of demurer has been defined. The amount in litigation was fixed at 50000 DM for the proceedings of appeal. (HSCH) [de

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

    Directory of Open Access Journals (Sweden)

    Silvio Čović

    2017-01-01

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

  1. Sources of Legal Regulation of Mergers, Acquisitions, Consolidations, Joint Stock Companies in Russia and Corporations in the United States

    Directory of Open Access Journals (Sweden)

    Stanislav E. Kuzmin

    2015-01-01

    Full Text Available The article outlines general characteristics of the sources of law, regulating relations associated with mergers, consolidations, acquisitions of joint stock companies in Russia and corporations in the United States respectively in the Russian legislation and the legislation of the United States and individual States. Both in Russia and in the USA there is a constitutional separation of powers between the Federal authorities and the Subjects of the Federation/States respectively. In both countries legal regulation of mergers and acquisitions of corporations is carried out first of all by a number of laws. These laws fall into three main groups: securities laws, antitrust (competition laws and civil and joint-stock legislation in Russia and corporate laws in the US. All the three groups are federal laws in Russia, while in the US the first two are federal too, but the last one is state laws. It is necessary to highlight the important role of judicial decisions in the United States on legal regulation of mergers, acquisitions, takeovers in comparison with Russia, which is due to the differences in the legal systems of the states in question. However, although Russia is not a state of case law, such legal acts as the resolution of the Plenum of the Supreme Commercial Court will undoubtedly have an impact on law enforcement practice and, consequently, on the regulation of relevant relations. Of particular importance are the findings of the Constitutional Court, whose decisions may cancel acts or their separate provisions provided they are recognized as unconstitutional. Such acts are repealed. Decisions of courts and other bodies based on acts or their separate provisions, recognized by the Constitutional Court of the Russian Federation unconstitutional, are not subject to execution and shall be revised in accordance with the Federal law. The US case law implies existence of a hierarchy of precedents according to which decisions adopted by the

  2. 我國侵害營業秘密與競業禁止違約判決之量化研究 Quantitative Analysis of the ROC Court Decisions on Trade Secret Infringements and Violation of Non-Compete Clauses

    Directory of Open Access Journals (Sweden)

    洪榮宗 Oliver Hung

    2007-12-01

    Full Text Available 營業秘密法生效迄今十年,其對於營業秘密的保護是否已周延?實有待觀察。又離職後競業禁止約款之相關實務運作現況為何?亦為探討營業秘密保護議題時,無法切割之問題。 本文利用司法院之系統查詢我國地方法院自1999 年8 月1 日起至2006年6 月30 日止,侵害營業秘密或違反競業禁止約款之民事判決,並以量化分析方式探討司法實務之態度。 本文之量化分析顯示:營業秘密與競業禁止訴訟之勝率均偏低;主張違反競業禁止明顯比主張侵害營業秘密來得容易;兩類訴訟之平均審理時間恐無法因應其急迫性需求;未約定違反競業禁止約款之違約賠償罰則的敗訴機率極高;競業禁止約款之五原則在法院實務上並未被遵守等。本文希望透過上開發現與確認,能期待找出改善之道。 The ROC Trade Secret Act has come into force for 10 years. However, whether it has sufficiently protected the trade secrets remains unanswered. In addition, the current operation and practice of “Non-Compete Clauses after Employment Relationship” are also important issues while discussing the trade secrets issues. Through the database of the ROC Judicial Yuan, we reviewed all the cases in the ROC district courts in connection with infringements on trade secrets and breach of non-compete clauses from August 1, 1999 to June 30, 2006 and conducted quantitative analysis of the courts’ opinions in this regard. The results of our quantitative analysis show that: 1. most of the decisions related to trade secret infringements and breach of non-compete clauses are in favor of defendants; 2. it is easier to claim violation of the non-compete clauses than infringements on trade secrets; 3. the trial period is too long to protect the plaintiffs given that the time is of essence; 4. it is quite probable that plaintiffs will lose the lawsuits if no penalty clause for

  3. Evolving Justice: The Constitutional Relationship between the Minister of Justice and the Judiciary and a Short Overview of Recent Developments in the Area of Court Management in the Republic of Slovenia

    Directory of Open Access Journals (Sweden)

    Zoran Skubic

    2011-12-01

    Full Text Available Slovenia in 1995 embarked on a road of reforming its judiciary using a model that harked back to history but proved outlived. We learned the hard way that in terms of court management diffusion of responsibility breeds complacency, defeatism and indifference especially if it is combined with courts of inadequate size and capacity for effective delivery of justice. The most prominent feature of the reform was the reorganization of the courts of the first instance where the jurisdiction of the former monolithic Basic Courts was divided between new Local and District Courts. This resulted in that inter alia the most senior and experienced judges were delegated to District Courts. The reorganization also divided the caseload unevenly between the Local and District Courts. As a consequence the Local Courts were left with mostly inexperienced judges that had to deal with the bulk of the overall caseload of the courts of the first instance. The consequences were thus obvious. The motivation of the judges fell significantly which led to the overall performance especially in Local Courts to decrease substantially. This in turn led to a steady increase of unresolved cases which in time proved the main cause for considerable court backlogs that in the end culminated in the Lukenda v. Slovenia decision of the European Court of Human Rights in Strasbourg.

  4. Policy, inquiries, and the courts

    International Nuclear Information System (INIS)

    Jowell, J.

    1982-01-01

    In relation to nuclear power policy, two objectives of a liberal democracy are examined: the accountability of the decision-maker to the public; and the efficient and effective implementation of management policy. The places of Parliament, administrative law, planning constraints and the public enquiry are discussed, with special reference to legal aspects of the procedure at the public enquiry to ensure that it is as fair and effective as possible. (U.K.)

  5. Impact of childhood trauma and cognitive emotion regulation strategies on risk-aversive and loss-aversive patterns of decision-making in patients with depression.

    Science.gov (United States)

    Huh, Hyu Jung; Baek, Kwangyeol; Kwon, Jae-Hyung; Jeong, Jaeseung; Chae, Jeong-Ho

    2016-11-01

    Although poor decision-making ultimately impairs quality of life in depression, few studies describe the clinical characteristics of patients suffering from dysfunctional decision-making. This study aims to delineate the effect of childhood trauma and other personality factors on risk-aversive and loss-aversive patterns of decision-making in patients with depression. A total of 50 depressive patients completed surveys for the measurement of sociodemographic factors, trauma loads and other clinical characteristics, including depression, anxiety, and strategies for emotion regulation. Risk aversion and loss aversion were quantified using probability discounting task and a 50:50 gamble on monetary decision-making task under specified risks. Stepwise multiple regression analysis was performed to determine the factors, predicting risk aversion or loss aversion in depression. Childhood trauma was the most prominent factor predicting loss aversion in patients with depressive disorders. Overall maladaptive emotion regulation strategies were associated with risk aversion. Childhood trauma and specific strategies of emotion regulation contribute to risk or loss aversion in patients with depression. These findings may provide useful insight into elaborative evaluation and interventions to improve decision-making and quality of life in patients with depression.

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

    Science.gov (United States)

    Moore, Marlee E; Hiday, Virginia Aldigé

    2006-12-01

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

  7. Violent Video Games and the Supreme Court: Lessons for the Scientific Community in the Wake of Brown v. Entertainment Merchants Association

    Science.gov (United States)

    Ferguson, Christopher J.

    2013-01-01

    In June 2011 the U.S. Supreme Court ruled that video games enjoy full free speech protections and that the regulation of violent game sales to minors is unconstitutional. The Supreme Court also referred to psychological research on violent video games as "unpersuasive" and noted that such research contains many methodological flaws.…

  8. Debatable questions of the lawyer’s responsibilities definition in the court: the foreign doctrine

    Directory of Open Access Journals (Sweden)

    Тетяна Борисівна Вільчик

    2016-01-01

    Conclusion. The conducted analysis of judicial decisions and scientific points of view leads to the following conclusions: 1 The legal status of lawyers is characterized by the fact that as participants in the proceedings, they take part together with the judges in the administration of justice. 2 Lawyers are an integral part of the administration of justice. 3 Lawyers should promote the efficient use of limited resources of the court. 4 The advocate’s duties in front of the court are of paramount importance and must be fulfilled even if a client gives a lawyer the opposite order. 5 Advocates should inform their client in time that their duty in front to the court is of paramount importance for the lawyer. 6 The lawyer’s duties include calling of the judge’s attention to any mistakes that he perhaps made. 7 Advocates should guide clients in litigation in the interests of promoting public confidence in the administration of justice

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

    Directory of Open Access Journals (Sweden)

    Zebulum J. C.

    2017-02-01

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

  10. Strategic self-regulation, decision-making and emotion processing in poly-substance abusers in their first year of abstinence.

    Science.gov (United States)

    Verdejo-García, Antonio; Rivas-Pérez, Cristina; Vilar-López, Raquel; Pérez-García, Miguel

    2007-01-12

    Individuals with substance dependence (ISD) frequently show signs of impaired emotion processing, self-regulation and decision-making, even after prolonged abstinence from drug use and partial recovery of other neuropsychological functions. These impairments have been associated with alterations in the orbitofrontal cortex (OFC) in lesion and imaging studies. The aim of this study was to examine the performance of a group of ISD, who had been abstinent for at least 4 months, on a series of emotional perception, self-regulation and decision-making tests sensitive to OFC dysfunction. Thirty ISD (poly-substance abusers in their first year of abstinence) and 35 healthy comparison (HC) participants were in the study. We administered the Ekman Faces Test (EFT), the Revised Strategy Application Test (R-SAT) and the Iowa Gambling Task (IGT) to both ISD and HC. Results showed that the ISD presented significant deficits in the recognition of facial emotional expressions and decision-making as measured by the EFT and the IGT. The ISD also showed poorer strategy awareness, impaired self-regulation and higher impulsivity on the R-SAT. We found significant correlations between the different measures linked to OFC functioning. We did not find significant correlations between length of abstinence and performance on these tests. These results suggest that the evaluation of emotion, self-regulation and decision-making contributes greatly to the characterization of the persistent deficits exhibited by ISD during prolonged abstinence.

  11. CTLA-4 signaling regulates the intensity of hypersensitivity responses to food antigens, but is not decisive in the induction of sensitization

    NARCIS (Netherlands)

    Wijk, F. van; Hoeks, S.; Nierkens, S.; Koppelman, S.J.; Kooten, P. van; Boon, L.; Knippels, L.M.J.; Pieters, R.

    2005-01-01

    Although food allergy has emerged as a major health problem, the mechanisms that are decisive in the development of sensitization to dietary Ag remain largely unknown. CTLA-4 signaling negatively regulates immune activation, and may play a crucial role in preventing induction and/or progression of

  12. International Court of Justice on Potential Transboundary Damage and its Consequences in Nuclear Law

    International Nuclear Information System (INIS)

    Cletienne, M.

    2010-01-01

    On 4 May 2006, Argentina filed in the International Court of Justice ('ICJ') an application instituting proceedings against Uruguay. Argentina claimed that Uruguay, by authorizing the construction of a pulp mill (the 'CMB mill') and the construction and commissioning of another pulp mill (the 'Orion mill'), breached its obligations under the 1975 Statute of the River Uruguay, a treaty between Argentina and Uruguay, notably the obligation to take all necessary measures for the optimum and rational utilisation of the River Uruguay. On 20 April 2010,1 the court rendered its decision settling this environmental dispute between Argentina and Uruguay. This paper will first summarize the judgement and then consider the main contribution of this decision to international environmental law, e.g. the recognition of an international customary rule to conduct an environmental impact assessment. Finally, the potential consequences of the decision in nuclear law will be addressed in the last part

  13. On Banks, Courts and International Law

    DEFF Research Database (Denmark)

    Fabbrini, Federico

    In December 2013 the ECOFIN Council has given its green light to the adoption of the second pillar of the so-called Banking Union: a Single Resolution Mechanism to wind down failing banks in the Euro-zone, and thus break the cycle between banks and sovereigns in the EU. Besides a regulation......, to be adopted in co-decision procedure with the Parliament, the Council has however endorsed a plan to adopt an international agreement on the functioning of the Single Resolution Fund (SRF). The paper critically analyses the choice to resort to international law to establish the SRF. As the paper maintains...

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

    Directory of Open Access Journals (Sweden)

    Kristin Hero

    2011-12-01

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

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

    Science.gov (United States)

    Nagashima, Hisashi; Wada, Yoshitaka; Hongo, Kazuhiro

    2017-08-15

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

  16. The Impact of Gender on the Processing of Probation Violations and Contempt: A Study of One Juvenile Court

    Directory of Open Access Journals (Sweden)

    M. Dyan McGuire

    2013-12-01

    Full Text Available There is substantial evidence to suggest that in at least some contexts juvenile court judges are circumventing the proscription contained in the Juvenile Justice and Delinquency Prevention Act (“JJDPA”, which prohibits the secure confinement of status offenders, by securely detaining status offenders for contempt.  Some evidence also indicates that gender may influence whether a juvenile is detained as a result of violating a valid court order.  This study seeks to expand existing research by examining what happens to court order violators beyond detention and by explicitly comparing the treatment of court order violators with the treatment of probation violators in terms of detention, adjudication and confinement to shed light on how gender influences these decision points.  While high rates of detention and commitment were uncovered, these results do not suggest that females were more likely to experience these consequences than males.

  17. What Defines an International Criminal Court?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2015-01-01

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

  18. Unwrapping Court-Connected Mediation Agreements

    DEFF Research Database (Denmark)

    Adrian, Lin; Mykland, Solfrid

    2018-01-01

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

  19. Employers liability to the international criminal court

    Directory of Open Access Journals (Sweden)

    Yenifer Yiseth Suárez Díaz

    2014-01-01

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

  20. Animal rights and environmemntal rights in Brazilian Supreme Court

    Directory of Open Access Journals (Sweden)

    Fernando Cesar Costa Xavier

    2018-01-01

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

  1. Nuclear fuel tax in court; Kernbrennstoffsteuer vor Gericht

    Energy Technology Data Exchange (ETDEWEB)

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

    2014-07-15

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

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

    OpenAIRE

    Williams, Andrew

    1990-01-01

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

  3. The Court is dead, long live the courts?: On judicial review in Poland in 2017 and „judicial space” beyond

    OpenAIRE

    Koncewicz, Tomasz Tadeusz

    2018-01-01

    How should Polish judges respond, now that the Constitutional Court is being used in the day-to-day politics, and keeps delivering goods for its political masters? We have to be unequivocal here. Any future decisions taken by the „fake Court” with the “fake” judges sitting on the cases will be marred by invalidity. The ordinary judges will have a valid claim not to follow these rulings. Should they decide to follow decisions made with the participation of, or made by, “fake” judges, their own...

  4. Child health in the workplace: the Supreme Court in Hammer v. Dagenhart (1918).

    Science.gov (United States)

    Berger, L R; Johansson, S R

    1980-01-01

    Exploitation of children in the labor force at the beginning of this century gave rise to a national campaign leading to congressional passage of the Keating-Owen Act in 1916. The act prohibited from interstate commerce goods produced in factories or mines that employed children who either were under fourteen years of age or who were under sixteen years of age and worked more than eight hours a day. Despite its popular support, the Act was declared unconstitutional by the Supreme Court in Hammer v. Dagenhart (1918). The Court's decision involved several major issues: interpretation of the Fifth and Fourteenth Amendments to the Constitution, freedom of contract, police power of the states, and the interstate commerce clause. Review of previous Court decisions suggests that the justices were on less than solid legal ground in reaching their decision. Examination of the historical context of the decision, however, suggests other factors that may have played a more important role than judicial precedents. The debate prompted by Hammer v. Dagenhart has much relevance to such current issues as young agricultural workers, sex discrimination in industry, and the powers of the federal government vis-a-vis states and individual citizens.

  5. The Unified Patent Court (UPC) in Action

    DEFF Research Database (Denmark)

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

    2015-01-01

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

  6. Challenging international criminal tribunals before domestic courts

    NARCIS (Netherlands)

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

    2011-01-01

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

  7. Push Characteristics in Wheelchair Court Sport Sprinting

    NARCIS (Netherlands)

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

    2016-01-01

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

  8. Push characteristics in wheelchair court sport sprinting

    NARCIS (Netherlands)

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

    2016-01-01

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

  9. Nuclear weapons and the World Court ruling

    International Nuclear Information System (INIS)

    Singh, J.

    1998-01-01

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

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

    Science.gov (United States)

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

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

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

    Science.gov (United States)

    Phay, Robert E.

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

  12. Forecasting the Senate vote on the Supreme Court vacancy

    Directory of Open Access Journals (Sweden)

    Scott J. Basinger

    2016-07-01

    Full Text Available This paper forecasts current senators’ votes on Merrick Garland’s nomination to the U.S. Supreme Court, in the unlikely case that a vote actually takes place. The forecasts are necessarily conditional, awaiting measurement of the nominee’s characteristics. Nonetheless, a model that combines parameters estimated from existing data with values of some measurable characteristics of senators—particularly their party affiliations, party loyalty levels, and ideological positions—is sufficient to identify potential swing voters in the Senate. By accounting for a more nuanced and refined understanding of the confirmation process, our model reveals that if President Obama were to nominate almost any nominee (conservative or liberal today, that nominee would be rejected if a vote was allowed to take place. So why nominate anyone at all? Obama’s hope for a successful confirmation must come from the stochastic component, that is, from outside the traditional decision-making calculus.

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

    African Journals Online (AJOL)

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

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

    Science.gov (United States)

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

    2007-01-01

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

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

    Science.gov (United States)

    Marceau, Emmanuelle

    2003-08-01

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

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

    Science.gov (United States)

    Windell, James O.; Windell, Ellen A.

    1977-01-01

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

  17. Administrative Jurisdiction in NMa decisions with respect to Energy Jurisdiction

    International Nuclear Information System (INIS)

    Algera, W.T.

    2011-01-01

    In 2010 decisions were made in 14 energy issues with respect to decisions of the Netherlands Competition Authority NMa. All the decisions were done by Court of Appeal for trade and industry. The decisions touch upon a broad spectrum of subjects and comprise several procedures. They are discussed and commented in this thematic annual analysis. [nl

  18. The International Criminal Court at the crossroads

    Directory of Open Access Journals (Sweden)

    Abdelwahab Biad

    2010-05-01

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

  19. [Cochlear implants in the social courts].

    Science.gov (United States)

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

    2018-02-01

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

  20. Reference to Foreign Law in the Supreme Courts of Britain and the Netherlands: Explaining the Development of Judicial Practices

    Directory of Open Access Journals (Sweden)

    Elaine Mak

    2012-05-01

    Full Text Available How do judges decide cases in a globalised legal context, characterised by the increased interconnections between legal systems and between actors in these legal systems? In this article, firstly, four types of variables (constitutional, institutional, organisational, and personal which influence judicial practices are described, and it is shown how these variables shape the judicial decision-making of the highest courts in liberal-democratic legal systems. Secondly, the specific development of the use of foreign law in the Supreme Courts of the UK and the Netherlands is analysed in light of the identified variables. In this way, some general insights are provided into the development of judicial decision-making under the effects of globalisation, and it is made clear what the national highest courts can and may do in the specific context in which they are functioning.

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

    Directory of Open Access Journals (Sweden)

    Đukanović Anđela

    2015-01-01

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

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

    African Journals Online (AJOL)

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

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

    Science.gov (United States)

    Beach, George

    2000-01-01

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

  4. An Experimental Decision-Making Paradigm to Distinguish Guilt and Regret and Their Self-Regulating Function via Loss Averse Choice Behavior

    OpenAIRE

    Wagner, Ullrich; Handke, Lisa; Dörfel, Denise; Walter, Henrik

    2012-01-01

    Both guilt and regret typically result from counterfactual evaluations of personal choices that caused a negative outcome and are thought to regulate human decisions by people’s motivation to avoid these emotions. Despite these similarities, studies asking people to describe typical situations of guilt and regret identified the social dimension as a fundamental distinguishing factor, showing that guilt but not regret specifically occurs for choices in interpersonal (social) contexts. However,...

  5. The Danish Supreme Court rules on State action defense and refusal to supply under Danish competition law (Copenhagen Airport Terminal A)

    DEFF Research Database (Denmark)

    Bergqvist, Christian; Christensen, Laurits Peder Schmidt

    2015-01-01

    to the application of competition law to the matter at hand. Unhappy, not only with the outcome, but also the process, the access seeking party, Terminal A, lodged a case before the judiciary arguing that air security regulation did not prevent the application of competition law and an order for the granting...... of access. This submission was not accepted by the Danish Supreme Court that moreover held EU Article 106 (2) to be applicable as a defence for Copenhagen Airport’s refusal to lease the land to Terminal A. The case provides guidance on the scope of the state action defence under Danish competition law and...... for the purpose of building a new terminal A. Terminal A would compete with the airport in the supply of services to airlines. Copenhagen airport rejected the request which in turn lead the group of investors to complain to the Danish Competition and Consumer Authority ("DCCA"). In its draft decision the DCCA...

  6. Child and youth sexual violence: What do the documents from the court say?

    OpenAIRE

    José Wilson de Lima; Maria de Fátima Pereira Alberto; Viviane Martinho dos Santos; Kahyna Leite Brito; Suzany Ludimila Gadelha e Silva

    2014-01-01

    This article has as objectives to characterize the cases of sexual violence against children and adolescents found in the records of complaints, notices and prosecutions at the Child and Youth Court in the county of João Pessoa and to analyze the risks to the victims of such violence regarding the decisions, procedures and prosecutions that do not guarantee the protection and enforcement of fundamental rights. The instrument used to collect data was a research protocol analyzed by frequency a...

  7. Regulation of health practitioners by trade practices and fair trading legislation.

    Science.gov (United States)

    Freckelton, Ian

    2009-02-01

    In a variety of situations, particularly those characterised by commerciality, corporate structures and unregistered practitioners, there are major limitations to traditional regulation by health boards and councils, as well as hearings by external tribunals. Part of the difficulty lies with the ability of external bodies to award compensation to complainants/notifiers proved to have suffered adverse consequences from proven unprofessional conduct. This column advances suggestions for reform of the powers of external tribunals to redress this deficit. It also reviews the benefits of an associated form of regulation by the Australian Competition and Consumer Commission and offices of fair trading to enable consumer protection. It reviews recent decisions in the Federal Court of Australia and the Supreme Court of Victoria in such matters as well as recommendations in 2008 by the Victorian Health Services Commissioner.

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

    Science.gov (United States)

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

    2014-11-01

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

  9. RECONSTRUCTION THE AUTHORITY OF CONSTITUTIONAL COURT ON IMPEACHMENT PROCESS OF PRESIDENT AND/OR VICE PRESIDENT IN INDONESIAN CONSTITUTIONAL SYSTEM

    Directory of Open Access Journals (Sweden)

    Hezron Sabar Rotua Tinambunan

    2016-06-01

    Full Text Available In the process of impeachment, Constitutional Court has the obligation to give its judgement to House of Representatives’s opinion regarding allegation of violation by the President and/or Vice President. Constitutional Court checks and judges House of Representatives’s opinion on whether or not the President and/or Vice President works fulfill Article 7A of Constitution of Republic Indonesia 1945 (UUD NRI 1945. The inspection done by Constitutional Court is the judicial process whose decision is in the form of justisil. The result of this impeachment process heavily depends on the judgement of People's Consultative Assembly in its plenary meeting which is also a politics forum, where President and/or Vice President could be dismissed or not. Constitutional Court’s judgement does not apply to People's Consultative Assembly, hence, the difference of Constitutional Court and People's Consultative Assembly’s judgement in plenary meeting that is very political by its nature is very likely to happen. Involvement of Constitutional Court in the procss of impeachment is, of course, different in each country. It depends on governance system in that particular country, it also relies on how much authority that is given by Constitution to Constitutional Court in the process of impeachment itself.

  10. Specifics of the Court of Arbitration in sport as an international arbitration body

    Directory of Open Access Journals (Sweden)

    Galantić Miloš B.

    2015-01-01

    Full Text Available The Court of arbitration in sport represents an arbitral body whose task is to resolve the most significant disputes in the international community, within the autonomy of sport. With its adaptation to the contemporary system of sovereign states, by applying the classical principles of arbitration, with some degree of correction due to the specificity of sport, as well as the application of appropriate norms of international public law, achieved a situation that arbitration decisions of the Court are final. Despite its importance in the international community, domestic legal theory does not pay adequate attention to the above phenomenon. The task of this paper is to draw attention of the wider legal population to the existence of the Court of Arbitration in Sport, as well as pointing out the specifics of the Court of Arbitration in Sport to those skilled in classic commercial arbitration. Smaller or greater variations from the classical principles of commercial arbitration are conditioned by the specificity of social relations in sport. The focus of the analysis is placed primarily on issues of the legal fiction of arbitral tribunal seat, mandatory clause of acceptance of jurisdiction, the existence of the closed list of arbitrators and the lack of choice of arbitrators in the case of Ad hoc divisions, prohibition of addressing to the ordinary courts to establish a temporary measures and exclusive jurisdiction of CAS in a given matter, the publication of arbitral awards and 24-hour deadline for the application of the prescribed procedures and decision-making in the case of Ad hoc divisions.

  11. Judgement of the Court of Justice of the EU in respect to the law on excise duty on nuclear fuel. Only the first act of the drama?

    International Nuclear Information System (INIS)

    Leidinger, Tobias

    2015-01-01

    The tax levied on nuclear fuel in Germany does not contravene European law. This was the conclusion of the European Court of Justice (ECJ) on 4 June 2015. The German Hamburg Finance Court had doubted whether the country's Nuclear Fuel Tax Act was compatible with European law. In the context of an action lodged by a nuclear power plant operator against this tax, the court had suspended the legal action and submitted various legal questions to the ECJ. The decision now taken by the ECJ is not really surprising considering that in his opinion, in February, the Advocate General had already argued that the tax was compatible. The Federal Constitutional Court must now decide whether the German concept of excise duty is to be interpreted in accordance with the EU directive issued to harmonise these very taxes or whether there is some flexibility allowing a different decision.

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

    Science.gov (United States)

    Mangel, Marc

    2016-12-20

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

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

    Directory of Open Access Journals (Sweden)

    Ana Alba Betancourt

    2016-04-01

    Full Text Available Currently, the enforcement of a patent that is registered in several countries involves the risk of getting different and conflicting decisions from the national courts. In 2013, 25 European countries entered in an agreement that aims to homogenise the patent system by creating the European patent with unitary effect and a Unified Patent Court (UPC. This article focuses on the UPC, which aims to have a single court proceeding for cross-border patent conflicts. Does the UPC system represent an advantage compared to the current litigation system? The paper argues that it does and explores what it considers to be the two main advantages of a UPC over the current system of cross-border litigation of patents: the ability to drag several conflicts to a single procedure and the neutrality of the decision makers. These advantages are consequently compared to the characteristics of arbitration. Then, an explanation is provided with regards to how the UPC system is going to work in terms of jurisdiction, preliminary injunctions, the choice of law and enforcement of decisions, comparing those same procedural aspects to arbitration. The article finds that arbitration involves many of the same advantages (as compared to the UPC and that the procedural issues studied in both means are, so too, similar. Therefore, arbitration represents a viable alternative to the UPC when it comes to reducing the risks in solving cross-border patent conflicts.

  14. 77 FR 48965 - Certain Carbon Steel Butt-Weld Pipe Fittings From the People's Republic of China: Notice of Court...

    Science.gov (United States)

    2012-08-15

    ...-Weld Pipe Fittings From the People's Republic of China: Notice of Court Decision Not in Harmony With... China (``PRC'') used in structural applications. In King Supply III, the CAFC, reversing the CIT, held... did not give rise to an end use restriction, (2) the Department's original scope ruling was supported...

  15. AIDS: Administrative Decisions and Constitutional Rights.

    Science.gov (United States)

    Greenlaw, Paul S.; Kohl, John P.

    1993-01-01

    Review of case law in educational administration, hospitals, correctional institutions, and the military shows that, when risk of AIDS transmission is high, courts will support public sector administrators' decisions. Low risk means such decisions as mandatory blood testing will usually be struck down. (SK)

  16. The Borders of EU Competences with Regard to the International Regulation of Intellectual Property Rights: Constructing a Dam to Resist a River Bursting Its Banks

    Directory of Open Access Journals (Sweden)

    Yole Tanghe

    2016-04-01

    Full Text Available In view of the recent negotiations on the highly anticipated Free Trade Agreements to which the EU shall be party ('e.g.' CETA and TTIP, assessing the extent to which the EU can regulate intellectual property rights in its external relations seems relevant. Two recent cases of the Court of Justice of the EU have reversed its landmark decision in Opinion 1/94, in which intellectual property regulation was almost entirely excluded from the EU’s exclusive competence in trade matters. Firstly, in the 'Daiichi Sankyo' case, the Court elaborated upon the EU’s explicit external competence in the field of intellectual property. This explicit competence is provided for by Article 207 TFEU on the common commercial policy, which allows the EU to conclude agreements concerning the ‘commercial aspects of intellectual property’. In the 'Broadcasting Rights' case, the Court founded its decision on the EU’s implied competence to conclude international agreements, as provided for by Article 3(2 TFEU. Considering the outcome of these two judgments, the Court seems to grant the EU a wide scope of action with regard to intellectual property rights. As a consequence, questions arise with regard to the post-Lisbon era role that is left for the Member States in the field of intellectual property. Therefore, the aim of this article is to outline the scope of the EU’s exclusivity in IP matters and to highlight the borders.

  17. Regulators as agents: Modelling personality and power as evidence is brokered to support decisions on environmental risk

    Energy Technology Data Exchange (ETDEWEB)

    Davies, G.J. [Cranfield University, Centre for Environmental Risks and Futures, School of Applied Sciences, Cranfield MK43 0AL (United Kingdom); Kendall, G. [University of Nottingham, School of Computer Science, Nottingham NG8 1BB (United Kingdom); University of Nottingham Malaysia Campus, Jalan Broga, 43500 Semenyih, Selangor Darul Ehsan (Malaysia); Soane, E. [London School of Economics and Political Science, Department of Management, London WC2A 2AE (United Kingdom); Li, J. [University of Nottingham, School of Computer Science, Nottingham NG8 1BB (United Kingdom); Rocks, S.A.; Jude, S.R. [Cranfield University, Centre for Environmental Risks and Futures, School of Applied Sciences, Cranfield MK43 0AL (United Kingdom); Pollard, S.J.T., E-mail: s.pollard@cranfield.ac.uk [Cranfield University, Centre for Environmental Risks and Futures, School of Applied Sciences, Cranfield MK43 0AL (United Kingdom)

    2014-01-01

    Complex regulatory decisions about risk rely on the brokering of evidence between providers and recipients, and involve personality and power relationships that influence the confidence that recipients may place in the sufficiency of evidence and, therefore, the decision outcome. We explore these relationships in an agent-based model; drawing on concepts from environmental risk science, decision psychology and computer simulation. A two-agent model that accounts for the sufficiency of evidence is applied to decisions about salt intake, animal carcass disposal and radioactive waste. A dynamic version of the model assigned personality traits to agents, to explore their receptivity to evidence. Agents with ‘aggressor’ personality sets were most able to imbue fellow agents with enhanced receptivity (with ‘avoider’ personality sets less so) and clear confidence in the sufficiency of evidence. In a dynamic version of the model, when both recipient and provider were assigned the ‘aggressor’ personality set, this resulted in 10 successful evidence submissions in 71 days, compared with 96 days when both agents were assigned the ‘avoider’ personality set. These insights suggest implications for improving the efficiency and quality of regulatory decision making by understanding the role of personality and power. - Highlights: •The role of personality and power in regulatory decision-making is poorly represented. •We built a rudimentary two-agent model to explore environmental risk decisions. •Our two agent model accounted for decisions about the sufficiency of evidence. •We examined the influence personality and power has on confidence gained. •By giving agents personality we might predict the time taken to reach consensus.

  18. Regulators as agents: Modelling personality and power as evidence is brokered to support decisions on environmental risk

    International Nuclear Information System (INIS)

    Davies, G.J.; Kendall, G.; Soane, E.; Li, J.; Rocks, S.A.; Jude, S.R.; Pollard, S.J.T.

    2014-01-01

    Complex regulatory decisions about risk rely on the brokering of evidence between providers and recipients, and involve personality and power relationships that influence the confidence that recipients may place in the sufficiency of evidence and, therefore, the decision outcome. We explore these relationships in an agent-based model; drawing on concepts from environmental risk science, decision psychology and computer simulation. A two-agent model that accounts for the sufficiency of evidence is applied to decisions about salt intake, animal carcass disposal and radioactive waste. A dynamic version of the model assigned personality traits to agents, to explore their receptivity to evidence. Agents with ‘aggressor’ personality sets were most able to imbue fellow agents with enhanced receptivity (with ‘avoider’ personality sets less so) and clear confidence in the sufficiency of evidence. In a dynamic version of the model, when both recipient and provider were assigned the ‘aggressor’ personality set, this resulted in 10 successful evidence submissions in 71 days, compared with 96 days when both agents were assigned the ‘avoider’ personality set. These insights suggest implications for improving the efficiency and quality of regulatory decision making by understanding the role of personality and power. - Highlights: •The role of personality and power in regulatory decision-making is poorly represented. •We built a rudimentary two-agent model to explore environmental risk decisions. •Our two agent model accounted for decisions about the sufficiency of evidence. •We examined the influence personality and power has on confidence gained. •By giving agents personality we might predict the time taken to reach consensus

  19. Investigating deviations from norms in court interpreting

    DEFF Research Database (Denmark)

    Dubslaff, Friedel; Martinsen, Bodil

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

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

    Science.gov (United States)

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

    2014-03-01

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