WorldWideScience

Sample records for relevant court cases

  1. 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.

  2. 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…

  3. 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...

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

    Directory of Open Access Journals (Sweden)

    Collins E. Ijoma

    2012-06-01

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

  5. Performance Assessment in Courts - The Swiss Case

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2014-12-01

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

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

    Science.gov (United States)

    Stahl, Anne L.

    2006-01-01

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

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

    Science.gov (United States)

    Maule, Linda S.; Schmid, Karen

    2006-01-01

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

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

    Science.gov (United States)

    Walsh, Mark

    2010-01-01

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

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

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

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

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

    African Journals Online (AJOL)

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

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

    Science.gov (United States)

    Lageard, Giovanni

    2011-01-01

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

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

    Science.gov (United States)

    Chong, Heap Yih; Low, Thuan Siang

    2014-01-01

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

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

    Science.gov (United States)

    Walsh, Mark

    2007-01-01

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

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

    African Journals Online (AJOL)

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

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

    Science.gov (United States)

    Wasileski, Gabriela

    2015-06-18

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

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

    Science.gov (United States)

    Magwood, Ayo; Ferraro, Krista Fantin

    2013-01-01

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

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

    Science.gov (United States)

    1997-07-25

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

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

    DEFF Research Database (Denmark)

    Nielsen, Ruth; Tvarnø, Christina D.

    2017-01-01

    is as follows: in section 2, we give a short description of the relevant facts and law in the Ajos-case. In section 3, we analyse the roles of the CJEU and the national courts in light of the theories of monism and dualism. Section 4 deals with interpretation. Section 5 looks into supremacy and direct...... horizontal effect of general principles of EU law, including the Mangold and Kücükdeveci case law and the horizontal effect of the Charter of Fundamental Rights. Section 6 discusses state liability for non-compliance with EU law. Section 7 discusses whether infringement proceedings can and should be taken...

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

    OpenAIRE

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

    2016-01-01

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

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

    Science.gov (United States)

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

    2011-01-01

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

  1. State court rejects estoppel in job accommodation case.

    Science.gov (United States)

    1997-07-25

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

  2. 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 ...

  3. 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.

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

    Directory of Open Access Journals (Sweden)

    Đajić Sanja

    2014-01-01

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

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

    OpenAIRE

    Derlén, Mattias; Lindholm, Johan

    2015-01-01

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

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

    Science.gov (United States)

    DiGenio, Natasha

    2016-01-01

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

  7. A Review of Cases Pending Before the United States Supreme Court.

    Science.gov (United States)

    Fearen, William

    This article, the fifteenth chapter of a book on school law, presents a sketch of education cases for which a hearing has been granted by the Supreme Court or for which petitions are pending. Hearings have been granted to education cases in five areas: church-state relationships, Title IX, book censorship, busing, and P.L. 94-142. Regarding…

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

    Directory of Open Access Journals (Sweden)

    ANDRA ROXANA ILIE

    2012-05-01

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

  9. The Burger Court and the Prima Facie Case in Employment Discrimination Litigation: A Critique.

    Science.gov (United States)

    Friedman, Joel William

    1979-01-01

    The unprincipled and contrived reasoning running through these opinions manifests an intentional effort by the Court to impede litigants' ability to secure their rights to equal employment opportunity by raising the requirements of the prima facie case. Available from Fred B. Rothman & Co., 10368 West Centennial Road, Littleton, CO 80123; sc…

  10. 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…

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

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    Mateus de Oliveira Fornasier

    2017-08-01

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

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

    Directory of Open Access Journals (Sweden)

    J. Michael Greenwood

    2012-06-01

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

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

    Science.gov (United States)

    Daves, David P.; Walker, David W.

    2012-01-01

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

  14. E-Filing Case Management Services in the US Federal Courts: The Next Generation: A Case Study

    Directory of Open Access Journals (Sweden)

    J.Michael Greenwood

    2015-07-01

    Full Text Available The U.S. Federal Courts Administrative Office of the U.S. Courts (AOUSC was responsible for developing the Case Management/Electronic Case File system (legacy CM/ECF originally implemented in 1996 to service the federal courts. The AOUSC is presently developing its 2nd generation service (NextGen. The IJCA carried an earlier narrative of CM/ECF’s evolution.  This second IJCA article describes the approach taken to define and develop that 2nd generation CM/ECF system. This article reviews the methodology used for determining requirements; the new software tools and hardware technologies used; and the expanded functions and enhanced services being incorporated into the new product. Also included is an exploration of the various obstacles, problems, and organizational issues which occur when transitioning from a legacy system to one that is more modern and complex.

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

    Science.gov (United States)

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

    2013-11-01

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

  16. Using frames to determine ordinary meaning in court cases: the case of “plant” and “vermin”

    Directory of Open Access Journals (Sweden)

    Terrence R Carney

    2016-05-01

    Full Text Available The South African judicial system has a variety of ways to determine the ordinary meaning of words, ranging from preceding court cases and academic publications to expert witnesses. However, one of the main resources in the interpretation of ordinary words is a dictionary. Much has already been published on both the use (and abuse of dictionaries in court cases and the ordinary meaning of words as a legal phenomenon. In continuation of this discourse, I propose that jurists consider using a conceptual approach to the interpretation of ordinary words as opposed to relying overly on dictionaries. One such conceptual approach is the use of frames, which deals with meaning in a way that is similar to Gestalt. In this article, I suggest the use of Barsalou’s (1992 frame structure that may be applied to a contested word in six steps. To illustrate the way Barsalou’s frame functions, I have applied it to two contested words taken from South African court cases. Building a frame in order to determine the ordinary meaning of certain words in court cases proves to be a possible alternative or an additional resource to dictionaries.

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

    OpenAIRE

    Laura-Cristiana SPĂTARU-NEGURĂ

    2017-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Usman Pakaya

    2017-11-01

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

  19. 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

  20. 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…

  1. Limitation Period In Case-Law Of European Court Of Human Rights

    Directory of Open Access Journals (Sweden)

    Богдан Петрович Карнаух

    2016-09-01

    Conclusions of the research. Limitation period constitute a restriction of a right to access to court. Such a restriction is justified if (a it does not restrict a right to access to court in such a way that the very essence of that right is nullified; (b it has a legitimate purpose; (c the proper balance between the purpose aimed and the restriction is struck. In order for the limitation period to be proportionate with the aim of providing legal certainty, the following requirements should be met: (i the limitation period is not unduly short; (ii the application of limitation period is foreseeable; (iii the application of limitation period is flexible (i.e. it is capable of taking into account different individual characteristics of each case.

  2. 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.

  3. The Future of Foreign Direct Liability? Exploring the International Relevance of the Dutch Shell Nigeria Case

    Directory of Open Access Journals (Sweden)

    Liesbeth Enneking

    2014-01-01

    Full Text Available In January 2013, The Hague District Court in the Netherlands rendered a groundbreaking verdict in a civil liability suit against Royal Dutch Shell and its Nigerian subsidiary (SPDC. The lawsuit had been brought before it by four Nigerian farmers and the Dutch NGO Milieudefensie, in response to a number of oil-spill incidents from SPDC-operated pipelines in the Nigerian Niger Delta. Although the majority of the claims were dismissed, the district court in its ruling did grant one claim that related to spills from an abandoned wellhead, ordering SPDC to pay compensation for the resulting loss. This judgment has international relevance, as this Dutch Shell Nigeria case forms part of a worldwide trend towards foreign direct liability cases. Growing numbers of similar lawsuits have been brought before the courts in other Western societies, but judgments on the merits have so far remained scarce. The relevance of the case has further increased with the US Supreme Court’s April 2013 ruling in the case of Kiobel v. Royal Dutch Petroleum Co., which has significantly limited the scope of the Alien Tort Statute. This article explores The Hague District Court’s decision in the Dutch Shell Nigeria case, and places the case within the socio-legal context of the contemporary trend towards foreign direct liability cases, the international debates on corporate accountability and business & human rights, and the Supreme Court's judgment in the Kiobel case.

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

    Science.gov (United States)

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

    2018-01-01

    Abstract: Background: Mobbing (bullying at work) refers to a form of psychological harassment that occurs in the workplace, in which the victim must be systematically and continuously persecuted for a long period of time. The aim of this work is to analyze the court judgments related to mobbing. Methods: The data, collected from a website that included judgments from an Italian court, were analyzed according to the literature, identifying the type of victims, consequences, methods of harassment, type of mobbers, and compensation decided by the court. Results: A total of 35 court sentences were analyzed. The findings showed that the duration of the mobbing campaign was on average 1.5 years and that the frequency of harassment was every day in most cases. In the majority of cases (17, 48.6%) the mobbing occurred in a private company. The gender of the victims who reported the mobbing experience was predominantly female (19, 54.3%), and on average, the victims were 44.54 years of age. The victims were classified as captives (12, 34.3%), scapegoats (8, 22.9%), ambitious (8, 22.9%), passives (5, 14.3%) and hypochondriacs (2, 5.7%). The mobbers were predominantly men (25, 71.4%) and on average 53.20 years of age. They were classified as casual (12, 34.3%), sadists (11, 31.4%), instigators (8, 22.9%) and choleric (4, 11.4%). The witnesses were described in the majority of cases as active, while the asymmetry of power was vertical. On average, the victims suffered 4.9 types of harassment, and the most cited consequences were anxiety disorder and physical symptoms. The motives for beginning the mobbing campaign were principally related to difficulties in relationships. The compensation imposed by the court ranged from less than 20,000 to more than 70,000 euros. Conclusions: The sentences analyzed showed that for different types of victims, there are behaviors, motives and consequences that are linked to different types of perpetrators. PMID:29187725

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

    Science.gov (United States)

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

    2018-01-01

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

  6. 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.

  7. 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…

  8. "Into Your Hands His Life and Liberty...." A Collection of Significant Cases from the Rhode Island Courts. First Edition.

    Science.gov (United States)

    Leonard, Donald E.; Mattson, John O., Ed.

    Six cases from Rhode Island court history are presented in this document. The cases, dating from the time of Roger Williams to the 1970s, examine religious freedom, personal freedom, treason, robbery, murder, and drug possession. Each case is summarized and questions are supplied to help students understand crime and punishment in Rhode Island. A…

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

    Directory of Open Access Journals (Sweden)

    Iman Zeajeldi

    2017-02-01

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

  10. A MATTER OF EQUALITY IN MATRIMONIAL RIGHTS: GLADYS MENSAH V. STEPHEN MENSAH CASE IN SUPREME COURT OF GHANA

    Directory of Open Access Journals (Sweden)

    Bernice Sam, National Programme Coordinator of Wildaf in Ghana, Africa

    2012-11-01

    Full Text Available Abstract: The Supreme Court of the Republic of Ghana has given value to gender roles of women (and men in the home. For too long many courts had relied on the need to establish substantial contribution by spouses to joint property which many women could not prove, thereby being entitled to less than half of joint property. In matrimonial matters however, case law developed around the Matrimonial Causes Act 1971, (Act 367 acknowledge the weak financial contribution of a spouse to property acquisition.  The courts in their application of equitable principles require a spouse claiming a share in joint property to provide proof of substantial contribution. This principle of proving substantial contribution has for decades being to the disadvantage of many women who, in performing their gender roles as wives, do not keep records of contribution made to joint property. However, in the last decade, some courts began recognising the value of a wife’s contribution to matrimonial property even if the contribution was non-monetary. The Supreme Court case of Gladys Mensah v. Stephen Mensah now firmly establishes the principle of equality in property distribution. Keywords: Equality. Women matrimonial rights. Supreme Court of Ghana.

  11. Regional International Courts in Search of Relevance - Adjudicating Politically Sensitive Disputes in Central America and the Caribbean

    DEFF Research Database (Denmark)

    Caserta, Salvatore

    2017-01-01

    The Central American and of the Caribbean Courts of Justice (CACJ and CCJ) are hybrid judicial institutions. While their Member States chiefly envisaged them as EU-style regional economic courts, they have explored the whole extension of their formally delegated functions and have developed pecul...... sensitive issues becomes less surprising, and – the article argues – it constitutes part of a strategy of the judges to legitimize the two Courts vis-à-vis their peculiar institutional, political, and social environments....... peculiar expertise in matters relating to freedom of movement, human and fundamental rights, and mega-politics. The article explains how two ICs seemingly established to build common markets have come to rule on high-stakes political disputes, which, ostensibly, have little to do with regional economic...... integration. The article posits that the scholarship on delegation to ICs is only partially able to provide an answer to this question. It, hence, suggests an alternative theoretical framework by relying on transnational field theory and reflexive sociology. The article demonstrates that, despite the rhetoric...

  12. How probate courts handle cases when participants challenge a lifetime maintenance agreement during the probate procedure?

    Directory of Open Access Journals (Sweden)

    Krstić Novak

    2016-01-01

    Full Text Available Relying on the analysis of judicial practice, in this paper the author discusses the two options that probate courts have at their disposal in the heirs of the diseased person (who is the maintenance recipient decide to challenge the lifetime maintenance agreement in the course of probate proceedings. The first option, which is quite common in judicial practice, is to stay the probate proceedings until the disputed issue is resolved before the competent (civil or administrative authority. The author considers this practice to be inadequate because the fact that heirs challenge this agreement is not formally envisaged as the legal ground for staying the probate proceedings. In the author's opinion, regardless of whether the heirs challenge the lifetime maintenance agreement or not, the probate procedure should be terminated if the entire property of the deceased/maintenance recipient is disposed under this contract. If the contract does not cover the entire estate, the court should bring the decision to exclude those assets from the recipient's succession estate, and continue with the probate proceedings. In any case, the heirs are still entitled to file a civil claim in an attempt to prove that there are legal grounds for cancelling or nullifying the agreement.

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

    Directory of Open Access Journals (Sweden)

    Matthew Chuen Ngai Tang

    2017-08-01

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

  14. 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

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

    Directory of Open Access Journals (Sweden)

    Laura-Cristiana SPĂTARU-NEGURĂ

    2017-05-01

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

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

    Science.gov (United States)

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

    2017-06-01

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

  17. Youth Access to Violent Video Games on Trial: The U.S. Supreme Court Takes the Case

    Science.gov (United States)

    Bickford, Rebekah S.

    2010-01-01

    This fall, the U.S. Supreme Court will hear arguments in a case that promises to affect the lives of many children. Up for debate is whether a law aimed at curbing children's access to violent video games violates their constitutional right to free speech. Signed 5 years ago by Governor Schwarzenegger, the California statute, which has yet to take…

  18. 26 CFR 1.534-2 - Burden of proof as to unreasonable accumulations in cases before the Tax Court.

    Science.gov (United States)

    2010-04-01

    ..., DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES (CONTINUED) Corporations Used to Avoid Income Tax on Shareholders § 1.534-2 Burden of proof as to unreasonable accumulations in cases... a Tax Court proceeding with respect to an allegation that all or any part of the earnings and...

  19. 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

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

    Science.gov (United States)

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

    2018-01-01

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

  1. 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.

  2. The curious case of Court Manager in India: From its creation to its desertion

    Directory of Open Access Journals (Sweden)

    Geeta Oberoi

    2017-12-01

    Full Text Available The Government of India though made an honest attempt to relieve judges from their administrative and non-judicial works and for the same created the post of court managers for courts, the judiciary in India did not embrace this initiative and with the help of registry staff almost failed this project. In this article, some reasons are explored as to why judiciary gave cold shoulder to this project and what could be way out to reverse the mindset to create acceptance for court managers for performing non-judicial functions.

  3. 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…

  4. 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

  5. Failure to Obtain Computed Tomography Imaging in Head Trauma: A Review of Relevant Case Law.

    Science.gov (United States)

    Lindor, Rachel A; Boie, Eric T; Campbell, Ronna L; Hess, Erik P; Sadosty, Annie T

    2015-12-01

    The objectives were to describe lawsuits against providers for failing to order head computed tomography (CT) in cases of head trauma and to determine the potential effects of available clinical decision rules (CDRs) on each lawsuit. The authors collected jury verdicts, settlements, and court opinions regarding alleged malpractice for failure to order head CT in the setting of head trauma from 1972 through February 2014 from an online legal research tool (WestlawNext). Data were abstracted onto a standardized data form. The performance of five CDRs was evaluated. Sixty relevant cases were identified (52 adult, eight children). Of 48 cases with known outcomes, providers were found negligent in 10 cases (six adult, four pediatric), settled in 11 cases (nine adult, two pediatric), and were found not liable in 27 cases. In all 10 cases in which providers were found negligent, every applicable CDR studied would have indicated the need for head CT. In all eight cases involving children, the applicable CDR would have suggested the need for head CT or observation. A review of legal cases reported in a major online legal research system revealed 60 lawsuits in which providers were sued for failing to order head CTs in cases of head trauma. In all cases in which providers were found negligent, CT imaging or observation would have been indicated by every applicable CDR. © 2015 by the Society for Academic Emergency Medicine.

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

    Science.gov (United States)

    Reddy, V

    1999-01-01

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

  7. PLURALISM, FATWA, AND COURT IN INDONESIA: The Case of Yusman Roy

    Directory of Open Access Journals (Sweden)

    Nadirsyah Hosen

    2012-06-01

    Full Text Available The interrelation between Islam, state and pluralism is an unfinished discussion in Indonesia. This paper examines an issue of promoting individual freedom to practice his/her belief, and at the same time not insulting the majority belief in a plural society. It takes the case of Yusman Roy on performing the salah (prayer in a local language as the subject of analysis in order to identify the fault lines of religion and pluralism, and to consider how best to address them. The paper argues that fatwa and court should not be used as mechanisms to deal with the issue of religion and pluralism. It further argues for an “alternative dispute resolution” in dealing with the plurality of interpretation within Islamic tradition and at the same time maintaining the unity and harmony Islamic communities. It maintains that Roy should have the rights to practice what he believes, but at the same time, a negotiation on how he spreads his ideas outside his schools should take place in order to avoid provocative actions that invite violence.

  8. 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

  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. 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…

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

    NARCIS (Netherlands)

    van der Wilt, H.; Braber, I

    2014-01-01

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

  12. 26 CFR 1.534-3 - Jeopardy assessments in Tax Court cases.

    Science.gov (United States)

    2010-04-01

    ... Section 1.534-3 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES (CONTINUED) Corporations Used to Avoid Income Tax on Shareholders § 1.534... to the Tax Court, if the taxpayer desires to submit such statement. See paragraph (b) of § 1.534-2...

  13. Procedural Reform and the Reduction of Discretion: The Case of the Juvenile Court.

    Science.gov (United States)

    Sosin, Michael

    The issue of controlling discretion in large public institutions is a crucial one in modern society, and procedural legal reforms are often viewed as one tactic of control. Using due process guarantees in juvenile courts as the substantive issue, this paper tests the utility of procedural reform in reducing discretion. Results indicate that…

  14. 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.

  15. “South African courts are indeed enjoined by section 35 of the ...

    African Journals Online (AJOL)

    p2512114

    1. INTRODUCTION. The 1993 Constitution,1 for the first time in South African history accorded ... law such as Germany, Canada, the United States and India, where courts may have regard ..... relevance as was illustrated in the present case. 3.

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

    Science.gov (United States)

    Lareau, Craig R

    2015-01-01

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

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

    OpenAIRE

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

    2017-01-01

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

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

    Science.gov (United States)

    McQuoid-Mason, David J

    2017-04-25

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

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

    Directory of Open Access Journals (Sweden)

    David J McQuoid-Mason

    2017-05-01

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

  20. 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.

  1. 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

  2. 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...

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

    Directory of Open Access Journals (Sweden)

    Debora Diniz

    2008-08-01

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

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

    OpenAIRE

    Kang, Taewook

    2012-01-01

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

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

    Science.gov (United States)

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

    2017-07-27

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

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

    Directory of Open Access Journals (Sweden)

    Vukčević Ilija

    2014-01-01

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

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

    Science.gov (United States)

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

    2016-07-01

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

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

    Science.gov (United States)

    Gowland, M Hazel; Walker, Michael J

    2015-08-15

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

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

    Science.gov (United States)

    Fernandez, Fabrice; Lézé, Samuel

    2014-09-01

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

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

    Directory of Open Access Journals (Sweden)

    Elisabeta SLABU

    2017-06-01

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

  12. 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

  13. 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.

  14. Pierre Robin sequence: case report, the relevance of autopsy

    Directory of Open Access Journals (Sweden)

    Cristiano C. Oliveira

    2015-10-01

    Full Text Available ABSTRACTPierre Robin sequence is a neonatal disorder characterized by micrognathism, glossoptosis and cleft palate. We reported an autopsy case of a child whose malformations of the oropharynx were identified only at birth. The child was extremely preterm with severe neonatal depression and poor recovery, and the orofacial alterations prevented the correct treatment. There was facial disorder characterized by micrognathia associated with cleft palate and posterior displacement of the tongue, compressing the vallecula, structurally compatible with glossoptosis. This autopsy surpassed the scientific and epidemiological relevance, allowing the family genetic counseling and close monitoring of a subsequent pregnancy.

  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. Case 3. "Jiang Tao v. Chengdu Branch, People's People's Bank of China": Opinion by the People's Court in Wuhou District, Chengdu, Sichuan Province

    Science.gov (United States)

    Chinese Education and Society, 2006

    2006-01-01

    This article presents the decision of the People's Court in Wuhou District, Chengdu, Sichuan Province on the Jiang Tao v. Chengdu Branch, People's People's Bank of China case. Jiang Tao, the plaintiff, claimed that the defendant Chengdu Branch placed an announcement in the "Chengdu Business Daily" to "recruit tellers for Chengdu…

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

    NARCIS (Netherlands)

    Flegar, Veronika

    2015-01-01

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

  18. 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

  19. 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

  20. 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....

  1. 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...

  2. Court case on Polymer and Plastics Processing Plant-Lesson Learned

    International Nuclear Information System (INIS)

    Alwi Othman

    2011-01-01

    Malaysian Nuclear Agency was sued by the contractor because fail in clear out their clients lawsuits. Basis of the claim because of contract documents, their clauses and related procedure in there. Besides that, all the order must be place out officially, recorded and kept so that its can be the evidences when there are the claims from plaintive. The main weaknesses in this case is unefficiently in project management meanwhile the advantage are recorded that kept can be evidence to win the case. (author)

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

    Energy Technology Data Exchange (ETDEWEB)

    none,

    2015-09-01

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

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

    International Nuclear Information System (INIS)

    Wuerkner, J.

    1992-01-01

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

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

    Science.gov (United States)

    Veshi, Denard

    2017-06-01

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

  6. Chinese court case fiction

    DEFF Research Database (Denmark)

    Hansen, Kim Toft

    2011-01-01

    established as early as the 6th Century AD, whereas the first substantial evidence of the tradition is from 13th Century and the first Chinese crime fiction novels were written during the 17th Century. This article is, then, a corrective for the international history of crime fiction based on numerous...

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

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2016-01-01

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

  8. The Value Relevance of IFRS: The Case of Turkey

    Directory of Open Access Journals (Sweden)

    Ahmet Turel

    2009-10-01

    Full Text Available Accounting standards that are mostly compatible with International Financial Reporting Standards (IFRS are required for consolidatedfinancial statements of all Turkish listed firms starting from 2005 fiscal year end. Before that, financial reporting in Turkey was closely related to taxreporting. Until 2003, all Turkish listed firms were preparing their financial statements in accordance with the local standards issued by the CapitalMarket Board of Turkey. In this study, I examine the relative and incremental value relevance of earnings and the book value of equity under CapitalMarket Board (CMB Accounting Standards (2001-2002 and under IFRS (2005-2006 for Turkish listed firms. I compare these two periods toinvestigate whether the mandatory adoption of IFRS increase relevance of earnings and book value of equity which are accepted as proxies ofaccounting quality. I find evidence that the value relevance of earnings and book value of equity has increased significantly after adopting IFRS. Inaddition, I find that the incremental value relevance of earnings increased between the CMB accounting standards period and the IFRS period.However, the incremental value relevance of book value of equity degreased in the same period.

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

    NARCIS (Netherlands)

    Ryngaert, C.M.J.

    2016-01-01

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

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

    Science.gov (United States)

    Lagorio, Susanna; Vecchia, P

    2011-01-01

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

  11. Encouragement proverbs and their discourse relevance: A case ...

    African Journals Online (AJOL)

    Proverbs imbue the speaker with the ability to make his or her expressions more flashy and culturally relevant to the topic of discourse. This is the reason why Africans employ them in conversations to accomplish acts which cannot be realised by ordinary words. Be that as it may, certain proverbs in Oghe dialect of Igbo are ...

  12. 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.

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

    Directory of Open Access Journals (Sweden)

    Marko Radenović

    2005-01-01

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

  14. 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.

  15. Plastic surgery in chest wall reconstruction: relevant aspects - case series

    Directory of Open Access Journals (Sweden)

    Diogo Franco

    Full Text Available Objective: to discuss the participation of Plastic Surgery in the reconstruction of the chest wall, highlighting relevant aspects of interdisciplinaryness. Methods: we analyzed charts from 20 patients who underwent extensive resection of the thoracic integument, between 2000 and 2014, recording the indication of resection, the extent and depth of the raw areas, types of reconstructions performed and complications. Results: among the 20 patients, averaging 55 years old, five were males and 15 females. They resections were: one squamous cell carcinoma, two basal cell carcinomas, five chondrosarcomas and 12 breast tumors. The extent of the bloody areas ranged from 4x9 cm to 25x40 cm. In 12 patients the resection included the muscular plane. In the remaining eight, the tumor removal achieved a total wall thickness. For reconstruction we used: one muscular flap associated with skin grafting, nine flaps and ten regional fasciocutaneous flaps. Two patients undergoing reconstruction with fasciocutaneous flaps had partially suffering of the flap, solved with employment of a myocutaneous flap. The other patients displayed no complications with the techniques used, requiring only one surgery. Conclusion: the proper assessment of local tissues and flaps available for reconstruction, in addition to the successful integration of Plastic Surgery with the specialties involved in the treatment, enable extensive resections of the chest wall and reconstructions that provide patient recovery.

  16. The case for policy-relevant conservation science.

    Science.gov (United States)

    Rose, David C

    2015-06-01

    Drawing on the "evidence-based" (Sutherland et al. 2013) versus "evidence-informed" debate (Adams & Sandbrook 2013), which has become prominent in conservation science, I argue that science can be influential if it holds a dual reference (Lentsch & Weingart 2011) that contributes to the needs of policy makers whilst maintaining technical rigor. In line with such a strategy, conservation scientists are increasingly recognizing the usefulness of constructing narratives through which to enhance the influence of their evidence (Leslie et al. 2013; Lawton & Rudd 2014). Yet telling stories alone is rarely enough to influence policy; instead, these narratives must be policy relevant. To ensure that evidence is persuasive alongside other factors in a complex policy-making process, conservation scientists could follow 2 steps: reframe within salient political contexts and engage more productively in boundary work, which is defined as the ways in which scientists "construct, negotiate, and defend the boundary between science and policy" (Owens et al. 2006:640). These will both improve the chances of evidence-informed conservation policy. © 2015 The Authors. Conservation Biology published by Wiley Periodicals, Inc., on behalf of Society for Conservation Biology.

  17. On the subsidiarity of an appeal to the Constitutional Court in case of rejection of temporary relief sought as a protection against the construction of a nuclear facility (in connection with BVerfGE 77, 381 - Gorleben interim storage facility)

    International Nuclear Information System (INIS)

    Anon.

    1988-01-01

    The appeal to the Constitutional Court has been launched against the construction of the spent fuel receiving station of the planned nuclear fuel reprocessing plant in Wackersdorf. The proceedings on the main issue had to decide whether the Bavarian Ministry of Regional Development and Environmental Affairs as the competent supervising authority is obliged to order a stop of construction work on the grounds that there is no valid construction permit for the establishment of the receiving station after the BayVGH (Bavarian Court of Administration) with its decision of April 2, 1987 had set aside the relevant permit. The party appealing to the Constitutional Court applied for a judicial order to suspend execution of the construction permit for the receiving station until the appeal to the Constitutional Court has been decided upon. The appeal is directed among others against a decision of the BayVGH of December 11, 1987, denying temporary relief in accordance with section 123 VwGO (Rules of the Administrative Courts). The Constitutional Court denied the appeal. (orig./HP) [de

  18. “Clean hands” – Is this or a similar concept used by the courts to ...

    African Journals Online (AJOL)

    The conclusion reached is that, although the concept of “clean hands” has not been formally expressed as applying to taxation matters (as has been the case in the law of contract and labour law), the courts impliedly use the “clean hands” concept as a relevant factor to consider in tax matters, where a person's fundamental ...

  19. Occipital transtentorial/falcine approach, a "cross-court" trajectory to accessing contralateral posterior thalamic lesions: case report.

    Science.gov (United States)

    Iwami, Kenichiro; Fujii, Masazumi; Saito, Kiyoshi

    2017-07-01

    Surgical treatment of lesions in the posterior thalamus, especially those extending laterally, is technically challenging because of a deep surgical field, narrow operative corridor, and the surrounding critical neurovascular structures. The authors describe an occipital transtentorial/falcine approach (OTFA) that was successfully used in the treatment of a cavernous malformation (CM) extending laterally from thalamus to midbrain. A 40-year-old man complained of progressive right hemiparesis and numbness. Radiological evaluation revealed a large CM in the left thalamus, surfacing on the pulvinar thalami, and extending 4 cm laterally from the midline. In addition to the usual procedures of a right-sided occipital transtentorial approach, the authors incised the falx cerebri to expand the operative corridor to the left thalamus. They achieved generous exposure of the left thalamus through a "cross-court" oblique trajectory while avoiding excessive retraction on the occipital lobe. The CM was completely removed, and no newly developed or worsening deficits were detected postoperatively. To better understand the OTFA and its application, the authors performed a cadaveric dissection. The OTFA provides increased exposure of the posterior thalamus without cortical incision and facilitates lateral access to this area through the "cross-court" operative corridor. This approach adds to the armamentarium for neurosurgeons treating thalamic lesions.

  20. The case for policy-relevant conservation science

    Science.gov (United States)

    Rose, David C

    2015-01-01

    Drawing on the “evidence-based” (Sutherland et al. 2013) versus “evidence-informed” debate (Adams & Sandbrook 2013), which has become prominent in conservation science, I argue that science can be influential if it holds a dual reference (Lentsch & Weingart 2011) that contributes to the needs of policy makers whilst maintaining technical rigor. In line with such a strategy, conservation scientists are increasingly recognizing the usefulness of constructing narratives through which to enhance the influence of their evidence (Leslie et al. 2013; Lawton & Rudd 2014). Yet telling stories alone is rarely enough to influence policy; instead, these narratives must be policy relevant. To ensure that evidence is persuasive alongside other factors in a complex policy-making process, conservation scientists could follow 2 steps: reframe within salient political contexts and engage more productively in boundary work, which is defined as the ways in which scientists “construct, negotiate, and defend the boundary between science and policy” (Owens et al. 2006:640). These will both improve the chances of evidence-informed conservation policy. El Caso para la Ciencia de la Conservación con Relevancia Política Resumen A partir del debate “con base en evidencia” (Sutherland et al. 2013) versus “informado con evidencia” (Adams & Sandbrook 2013), debate que se ha vuelto prominente en la ciencia de la conservación, argumento que la ciencia puede ser influyente si mantiene una referencia dual (Lentsch & Weingart 2011) que contribuya a las necesidades de quienes hacen la política a la vez que mantiene un rigor técnico. En línea con dicha estrategia, los científicos de la conservación cada vez reconocen más la utilidad de construir narrativas con las cuales pueden mejorar la influencia de sus evidencias (Leslie et al. 2013; Lawton & Rudd 2014). Sin embargo, sólo contar historias rara vez es suficiente para influir sobre la política; en su lugar, estas

  1. 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

  2. The Legal Forensic Model in Determining the Genuineness of Islamic Banking Documents and Their Application in Shariah Courts

    Directory of Open Access Journals (Sweden)

    Wan Abdul Fattah Wan Ismail

    2017-12-01

    Full Text Available Falsification of documents does not only happen in civil courts. Shariah courts also face the same problems despite being ‘religiously’-oriented courts. It can be argued that, in the case of Malaysia, civil courts have clearer guidelines regarding the authentication of documents compared to Shariah courts. This study utilised a questionnaire survey as well as interviews in collecting data to measure the perceptions and opinions of relevant respondents with various stake holdings from those who practice law, with a Shariah and civil background. It should be noted that the key informants were comprised of forensic experts Shariah and civil practitioners. Analysis of the collected data indicates that the necessity of forming a legal forensic model is supported by the majority of the participants, which, therefore, implies that a forensic model that makes the authentication of documents more structured, clear and practical must be formed in Shariah courts. The practice of civil courts in relation to the authentication of documents should be used as a model in Shariah courts so long as they comply with the principles of Islamic law.

  3. Another Brick in the Whole. The Case-Law of the Court of Justice on Free Movement and Its Possible Impact on European Criminal Law

    Directory of Open Access Journals (Sweden)

    Mancano Leandro

    2016-05-01

    Full Text Available European Union, and criminal, laws had been interacting in many ways even before explicit competence in criminal matters was acquired by the Union in the Treaty of Maastricht. Such intersections between supranational and national provisions have frequently been handled by the CJEU. In the main, the intervention of the Court is triggered by Member States’ recourse to penal sanctions in situations covered by EU law. In such cases, the CJEU is called upon to strike a complicated balance: it has to deal with Member States’ claims of competence in criminal law, whilst ensuring that that power is used consistently with EU law. By making reference to selected cases, this paper highlights the impact that principles established in the context of the fundamental freedoms can have on EU criminal law.

  4. 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.

  5. The Recognition and Enforcement of Foreign Judgements in Civil Cases in the Context of Practice of European Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Тетяна Андріївна Цувіна

    2017-09-01

    Full Text Available The article addresses recognition and enforcement of foreign judgements in civil cases in the context of the practice of European Court of Human Rights. The conclusion is made, that European Court of Human Rights analyzes institute of recognition and enforcement of foreign judgements through such procedural rights as right to a fair trial (art. 6 ECHR and right to an effective remedy (art. 13 ECHR as long as such substantive conventional rights as right to protection pf property (art. 1 of the First Protocol to ECHR and right to respect for private and family life (art. 8 ECHR. It is considered that the main article through which this institute should be analyzed is art. 6 ECHR containing procedural guaranties of fair trial. According to the art. 13 ECHR the effective remedies of protection of the right to a fair trial in reasonable time should be provided at national level. Moreover reforms of this sphere of judicial practice should be done in accordance with art. 8 ECHR and art. 1 of the First Protocol to ECHR which provide specific substantive rights. All of the above mentioned aspects are analyzed in detail.

  6. 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,…

  7. 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

  8. What Progress Has Been Made in Meeting the Needs of Seriously Maltreated Children? The Course of 200 Cases through the Boston Juvenile Court.

    Science.gov (United States)

    Bishop, Sandra J.; Murphy, J. Michael; Hicks, Roger; Quinn, Dorothy; Lewis, Paul J.; Grace, Martha; Jellinek, Michael S.

    2000-01-01

    This study examined child, parent, and case characteristics over 4 years in 200 cases of serious child maltreatment in Boston, Massachusetts. Comparison with 1985-1986 cases (before relevant state legislative changes) found children permanently removed from parental custody in the 1994 sample required only slightly less time to achieve permanent…

  9. 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...

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

    DEFF Research Database (Denmark)

    Elsmore, Matthew J.

    2007-01-01

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

  11. French case law and the use of nuclear energy

    International Nuclear Information System (INIS)

    Hebert, Jean

    1980-01-01

    This Article which covers the most representative examples of French case-law in the nuclear field, analyses the cases involved and the relevant court decisions. It describes the evolution of the nuclear debate in France, the progressive constitution of anti-nuclear associations and their fight against nuclear energy development in the courts in the context of the licensing procedures for nuclear installations. The author analyses French law and the legal basis for the courts' decisions. (NEA) [fr

  12. 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.

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

    Directory of Open Access Journals (Sweden)

    Arie Siswanto

    2016-10-01

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

  14. 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

  15. 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....

  16. 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

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

    Science.gov (United States)

    Miranda, Patricia

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

  18. ABOUT THE RECENT INTERPRETATION OF CJEU IN THE MATTER OF UNFAIR TERMS OF CONSUMER CREDIT CONTRACTS RELEVANT MEANINGS FOR THE NATIONAL CASE LAW

    Directory of Open Access Journals (Sweden)

    Gina Orga-Dumitriu

    2014-11-01

    Full Text Available The original formula established by the EU legislator for the repression of unfair terms (by the use of the criteria for the establishment of the abusive character – the lack of negotiation of the clause, the significant unbalance between the rights and obligations of the parties and the infringement, by the professional, of the good faith requirement was consolidated by the developments made at case law level through the exercise, by the Court in Luxembourg, of its interpretative function. The study starts with a diachronic view of the solutions that highlighted the manifest tendency of CJEU to provide the effective protection of consumers by the admission of the judicial control performed ex officio over the unfair terms in Océano Grupo, Mostaza Claro and Cofidis, such judgments being also reconfirmed on occasion of the ulterior interventions from Pannon GSM, Asturcom Telecomunicaciones and Pénzügyi Lízing or, with particular reference to the consumer credit contracts, in Banco Español de Crédito and, lately, in Aziz (I. Afterwards, following a general description of the casuistic background of the disputes between credit consumers and banks in Romania (II, the analysis of the juridical meanings of the interpretations related to the recent Kásler case law from the 30th of April 2014, respectively Sánchez Morcillo and Abril García case laws from the 17th of July 2014 may not be extended also by the realistic assessment of the effects thereof in our national law and of the (potential implications that are relevant for the Romanian courts of law (III.

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

    Directory of Open Access Journals (Sweden)

    Mr.Sc. Sabri Halili

    2013-06-01

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

  20. Features of calculation of reasonable time of the trial in civil cases in the context of the practice of the European court of human rights

    Directory of Open Access Journals (Sweden)

    Т. Цувіна

    2015-11-01

    Full Text Available Problem setting. European Convention of Human Rights (ECHR guarantees right to a fair trial within a reasonable time for everyone (par. 1 art. 6 ECHR. Reasonable time of the trial is an element of the right to a fair trial. One of the main directions for development of civil procedure in Ukraine is the implementation of international standards of fair trial, in particular standards of reasonable time of the trial. Recent research and publications analyses. Foreign and Ukrainian scientists such as Komarov V. V., Neshataeva T. M., Sakara N. U. and others in their works paid attention to different aspects of problems connected with the right to a fair trial within a reasonable time, but a comprehensive study devoted to a features of calculation of reasonable time of the trial taking into account the practice of the ECHR on this issue wasn’t conducted. Paper objective. Main objective of the article is to study decisions of the ECHR concerning the interpretation of Par. 1, Art. 6 ECHR and analyze features of calculation of reasonable time of the trial to make recommendations on implementation of such national level. Paper main body. As a rule, according to a practice of ECHR reasonable time of civil proceedings begins on the date on which the case is referred to a judicial authority. Thus ECHR can take as the starting point the date of a preliminary application to an administrative authority, especially when this is a prerequisite for commencement of proceedings. The end of reasonable time of the trial connected with the moment when the court decision become final or its execution. Conclusions of the research. Calculation of reasonable time of the trial in civil cases in circumstances when an application to the court was preceded by a seeking for protection from the authorities and public servants of executive power has features. In such situations a calculation of reasonable time of the trial doesn’t begin from the moment of seeking for

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

    Directory of Open Access Journals (Sweden)

    В. І. Алєксєйчук

    2015-11-01

    stated elements are being implemented to different extents during pre-court investigation of a crime and during hearing of a case in court. So it is reasonable to make a preliminary analysis of particular criminalistic methods of a crime investigation, to determine differences in the conditions of implementing of the first and the second type of particular methods, as well as proportion between goals of court proceeding (court hearing in criminal proceedings. Specific conditions of cognitive activity in the course of court hearing are: a informational clearness and completeness of the evidences collected; b larger degree of criminal event knowledge; c larger distance in time from the criminal event; d completeness of familiarity of the parties about the whole complex of the available evidences, their quality and thoroughness; e extended scope of participants; f availability of substantiated versions of parties; g special (stressed psychological atmosphere of activity; h proneness to conflicts; i restrictions in tactical means. Taken into consideration the stated differences in circumstances in which the court hearing takes place (in comparison with the crime investigation, and the aim and goals of court hearing, the proportion in tasks of relevant types of particular criminalistic methods can be followed. Conclusions of the research. The goals of particular criminalistic methods of court hearing in criminal proceedings are: 1 maintenance of activity of the representatives of criminal proceedings parties (prosecutor, defense lawyer and of the court in the process of court hearing according to the particular types (categories of crimes by the systems of scientific concepts and practical guidelines; 2 coordination of cognitive, constructive, communicative and organizational activities of corresponding subjects by providing typical actions programs regarding typical situations of court hearing; 3 contribution to an effective research, evaluation and correct interpretation of

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

    Directory of Open Access Journals (Sweden)

    Cristian JURA

    2014-05-01

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

  3. Relevance of medical reports in criminal investigations of cases of suspected child abuse.

    Science.gov (United States)

    Janßen, Katharina; Greif, Dominik; Rothschild, Markus A; Banaschak, Sibylle

    2017-07-01

    If a case of physical child abuse is suspected in Germany, the general feeling is often that "it does not matter whether you make a report or not" because, generally, no conviction is made anyway. This study investigates the juridical analysis of complaint cases of physical child abuse [criminal complaint parag. 225 StGB (German penal code) with filial victim]. It focuses on the doctor's role and the impact of their practice in relation to a later conviction. It is based on the analysis of 302 files of the enquiry from 2004-2009 from the department of public prosecution in Cologne, Germany. Besides general epidemiological data on the reporting person, the affected child and the presumed offender, the documents were reassessed for the relevance of medical reports for successful convictions. Only 7% (n = 21) of 302 complaints led to a conviction. In 38.1% (n = 8) of those cases, a medical report was mentioned as a piece of evidence, and just in two cases a (legal) medical report was quoted and mentioned as relevant for the conviction. 50% of the complaint cases with legal medical expertise led to a trial. In contrast, only 30.2% with a common medical report and 7.3% without a report led to a trial. The results show how a medical report existed in only a few cases. In those cases, the rate of performed trials was higher than for those without a medical report, but the report played a minor part when reasoning a verdict.

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

    Science.gov (United States)

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

    2004-02-01

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

  5. The Application of Overriding Mandatory Rules by Ukrainian Courts in Cases Arising on Cross-Border Unfair Competition

    Directory of Open Access Journals (Sweden)

    Богдан Юрійович Ребриш

    2017-03-01

    Full Text Available In private international law, there are a number of restrictions in the application of foreign law. Under national laws, some of these limitations appear as mandatory rules based on public policy. These kind of rules shall apply despite the foreign law that could be apply through the conflict of laws rule, or choice of law made by the parties. In other words, in matters of private international law internal mandatory rules replace the rules of the law of a foreign state. However, the problem is that the Law of Ukraine «On Private International Law» does not set criteria for inclusion of certain provisions of the substantive law to the appropriate category. Therefore, in practice to attribute some provisions of substantive law to the mandatory rules is a problematic issue. Especially it concerns the rules of competition law, which in most cases characterize as public law rules. The article is devoted to the coverage of problematic issues of application mandatory rules of Ukrainian competition legislation in cases with a foreign element. Analyzed the approaches of different scholars on the concept of mandatory rules. Paid attention on the differences of application mandatory and imperative rules of competition law of Ukraine.

  6. Transforming the European legal order: The European Court of Justice at 60+

    OpenAIRE

    Guth, J

    2016-01-01

    The European Court of Justice has played a pivotal role in the transformation of international law obligations between Member States into an integrated legal order with direct applicability and effect in those Member States. This article explores whether or not the ECJ continues to be relevant to EU governance and integration and whether it continues to transform the legal orders of the Member States. It briefly outlines the early case law which transformed the legal order, and the preliminar...

  7. 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.

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

    Directory of Open Access Journals (Sweden)

    Francisco Javier Mena Parras

    2012-07-01

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

  9. 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…

  10. THE RELEVANCE OF DUESENBERRY CONSUMPTION THEORY! AN APPLIED CASE TO LATIN AMERICA

    OpenAIRE

    Parada Corrales, Jairo; Bacca Mejia, William

    2009-01-01

    In this paper we examine the to-date relevance of Duesenberry's Consumption Theory through an applied case to four economies in Latin America: Mexico, Brazil, Argentina and Colombia. Using annual time series of these countries we show that some empirical evidence of Duesenberry's theory still holds and should not be discarded in modern macroeconomics as it has happened in regular macro text books in mainstream economics. Duesenberry's theory includes important institutional factors that canno...

  11. 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...

  12. Paediatric case mix in a rural clinical school is relevant to future practice.

    Science.gov (United States)

    Wright, Helen M; Maley, Moira A L; Playford, Denese E; Nicol, Pam; Evans, Sharon F

    2017-11-29

    Exposure to a representative case mix is essential for clinical learning, with logbooks established as a way of demonstrating patient contacts. Few studies have reported the paediatric case mix available to geographically distributed students within the same medical school. Given international interest in expanding medical teaching locations to rural contexts, equitable case exposure in rural relative to urban settings is topical. The Rural Clinical School of Western Australia locates students up to 3500 km from the urban university for an academic year. There is particular need to examine paediatric case mix as a study reported Australian graduates felt unprepared for paediatric rotations. We asked: Does a rural clinical school provide a paediatric case mix relevant to future practice? How does the paediatric case mix as logged by rural students compare with that by urban students? The 3745 logs of 76 urban and 76 rural consenting medical students were categorised by presenting symptoms and compared to the Australian Institute of Health and Welfare (AIHW) database Major Diagnostic Categories (MDCs). Rural and urban students logged core paediatric cases, in similar order, despite the striking difference in geographic locations. The pattern of overall presenting problems closely corresponded to Australian paediatric hospital admissions. Rural students logged 91% of cases in secondary healthcare settings; urban students logged 90% of cases in tertiary settings. The top four presenting problems were ENT/respiratory, gastrointestinal/urogenital, neurodevelopmental and musculoskeletal; these made up 60% of all cases. Rural and urban students logged similar proportions of infants, children and adolescents, with a variety of case morbidity. Rural clinical school students logged a mix of core paediatric cases relevant to illnesses of Australian children admitted to public hospitals, with similar order and pattern by age group to urban students, despite major differences

  13. The future of foreign direct liability? Exploring the international relevance of the Dutch Shell Nigeria case

    NARCIS (Netherlands)

    Enneking, Liesbeth; Sub Burgelijk Recht; UCALL / Aansprakelijkheid en verantwoordelijkheid

    2014-01-01

    In January 2013, The Hague District Court in the Netherlands rendered a groundbreaking verdict in a civil liability suit against Royal Dutch Shell and its Nigerian subsidiary (SPDC). The lawsuit had been brought before it by four Nigerian farmers and the Dutch NGO Milieudefensie, in response to a

  14. The future of foreign direct liability? : Exploring the international relevance of the Dutch Shell Nigeria case

    NARCIS (Netherlands)

    Enneking, Liesbeth

    2014-01-01

    In January 2013, the The Hague district court in the Netherlands rendered a groundbreaking verdict in a civil liability suit against Royal Dutch Shell and its Nigerian subsidiary (SPDC). The lawsuit had been brought before it by four Nigerian farmers and the Dutch NGO Milieudefensie, in response to

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

    Directory of Open Access Journals (Sweden)

    О. О. Сидоренко

    2015-11-01

    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

  16. Supreme Court Review

    Science.gov (United States)

    Williams, Charles F.

    2009-01-01

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

  17. Exploring the Relevance of Search Engines: An Overview of Google as a Case Study

    Directory of Open Access Journals (Sweden)

    Ricardo Beltrán-Alfonso

    2017-08-01

    Full Text Available The huge amount of data on the Internet and the diverse list of strategies used to try to link this information with relevant searches through Linked Data have generated a revolution in data treatment and its representation. Nevertheless, the conventional search engines like Google are kept as strategies with good reception to do search processes. The following article presents a study of the development and evolution of search engines, more specifically, to analyze the relevance of findings based on the number of results displayed in paging systems with Google as a case study. Finally, it is intended to contribute to indexing criteria in search results, based on an approach to Semantic Web as a stage in the evolution of the Web.

  18. EMTALA and patients with psychiatric emergencies: a review of relevant case law.

    Science.gov (United States)

    Lindor, Rachel A; Campbell, Ronna L; Pines, Jesse M; Melin, Gabrielle J; Schipper, Agnes M; Goyal, Deepi G; Sadosty, Annie T

    2014-11-01

    Emergency department (ED) care for patients with psychiatric complaints has become increasingly challenging given recent nationwide declines in available inpatient psychiatric beds. This creates pressure to manage psychiatric patients in the ED or as outpatients and may place providers and institutions at risk for liability under the Emergency Medical Treatment and Labor Act (EMTALA). We describe the patient characteristics, disposition, and legal outcomes of EMTALA cases involving patients with psychiatric complaints. Jury verdicts, settlements, and other litigation involving alleged EMTALA violations related to psychiatric patients between the law's enactment in 1986 and the end of 2012 were collected from 3 legal databases (Westlaw, Lexis, and Bloomberg Law). Details about the patient characteristics, disposition, and reasons for litigation were independently abstracted by 2 trained reviewers onto a standardized data form. Thirty-three relevant cases were identified. Two cases were decided in favor of the plaintiffs, 4 cases were settled, 10 cases had an unknown outcome, and 17 were decided in favor of the defendant institutions. Most patients in these 33 cases were men, had past psychiatric diagnoses, were not evaluated by a psychiatrist, and eventually committed or attempted suicide. The most frequently successful defense used by institutions was to demonstrate that their providers used a standard screening examination and did not detect an emergency medical condition that required stabilization. Lawsuits involving alleged EMTALA violations in the care of ED patients with psychiatric complaints are uncommon and rarely successful. Copyright © 2014 American College of Emergency Physicians. Published by Elsevier Inc. All rights reserved.

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

    NARCIS (Netherlands)

    Schebesta, H.; Purnhagen, K.

    2016-01-01

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

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

    NARCIS (Netherlands)

    Arons, T.M.C.

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

  1. Seeking to improve spatial justice - the case of rationalising the district court areas in South Africa - utilising several spatial analysis methods.

    CSIR Research Space (South Africa)

    Maritz, J

    2015-08-01

    Full Text Available for the Department of Justice and Constitutional Development during 2014 to assist the process to rationalise magisterial districts. In order to determine access to courts, some form of impact assessment is required – this paper outlines the accessibility analysis...

  2. Rebels without a Cause? Civil disobedience, Conscientious Objection and the Art of Argumentation in the Case Law of the European Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Kati Nieminen

    2015-12-01

    Full Text Available Civil disobedience is often seen as a political statement whilst conscientious objection is understood as a private matter. This article discusses real-life acts of disobedience in the case law of the European Court of Human Rights. The emphasis is on the argumentative strategies by which the potential for profound social change can be neutralised in legal argumentation. The cases discussed here concentrate on Turkey and represent acts of conscientious objection and civil disobedience. The main finding is that in legal argumentation there are two strategies for neutralising the potential for change: first, labelling the disobedient act as a private matter in order to deprive it of its political message, or second, labelling the act as violent, undemocratic behaviour so that it can be disregarded. The article shows that the law is unable, and perhaps unwilling, to fully acknowledge the political claims of disobedience. A menudo se percibe la desobediencia civil como una declaración política, mientras que la objeción de conciencia se entiende como un asunto privado. Este artículo analiza actos de desobediencia de la vida real a través de la jurisprudencia del Tribunal Europeo de Derechos Humanos. Se enfatizan las estrategias argumentativas por las que se puede neutralizar el potencial de cambio social profundo a través de la argumentación jurídica. Los casos analizados aquí se centran en Turquía y representan actos de objeción de conciencia y desobediencia civil. La conclusión principal es que en la argumentación jurídica existen dos estrategias para neutralizar el potencial de cambio: en primer lugar, etiquetar el acto de desobediencia como un asunto privado, para privarlo de su mensaje político, en segundo lugar, etiquetar el acto como un comportamiento violento y no democrático, para que pueda ser ignorado. El artículo demuestra que el derecho es incapaz de, y tal vez reticente a, reconocer totalmente las reivindicaciones pol

  3. Psychotic Symptomatology in a Juvenile Court Clinic Population

    Science.gov (United States)

    Lewis, Dorothy Otnow; And Others

    1973-01-01

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

  4. 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.…

  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. 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.

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

    Science.gov (United States)

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Daniel Chen

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

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

    NARCIS (Netherlands)

    Breemen, V.

    2014-01-01

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

  10. Utilization of case presentations in medical microbiology to enhance relevance of basic science for medical students

    Science.gov (United States)

    Chamberlain, Neal R.; Stuart, Melissa K.; Singh, Vineet K.; Sargentini, Neil J.

    2012-01-01

    Background Small-group case presentation exercises (CPs) were created to increase course relevance for medical students taking Medical Microbiology (MM) and Infectious Diseases (ID) Methods Each student received a unique paper case and had 10 minutes to review patient history, physical exam data, and laboratory data. Students then had three minutes to orally present their case and defend why they ruled in or out each of the answer choices provided, followed by an additional three minutes to answer questions. Results Exam scores differed significantly between students who received the traditional lecture-laboratory curriculum (Group I) and students who participated in the CPs (Group II). In MM, median unit exam and final exam scores for Group I students were 84.4% and 77.8%, compared to 86.0% and 82.2% for Group II students (P<0.018; P<0.001; Mann-Whitney Rank Sum Test). Median unit and final ID exam scores for Group I students were 84.0% and 80.0%, compared to 88.0% and 86.7% for Group II students (P<0.001; P<0.001). Conclusion Students felt that the CPs improved their critical thinking and presentation skills and helped to prepare them as future physicians. PMID:22435014

  11. Utilization of case presentations in medical microbiology to enhance relevance of basic science for medical students.

    Science.gov (United States)

    Chamberlain, Neal R; Stuart, Melissa K; Singh, Vineet K; Sargentini, Neil J

    2012-01-01

    Small-group case presentation exercises (CPs) were created to increase course relevance for medical students taking Medical Microbiology (MM) and Infectious Diseases (ID) METHODS: Each student received a unique paper case and had 10 minutes to review patient history, physical exam data, and laboratory data. Students then had three minutes to orally present their case and defend why they ruled in or out each of the answer choices provided, followed by an additional three minutes to answer questions. Exam scores differed significantly between students who received the traditional lecture-laboratory curriculum (Group I) and students who participated in the CPs (Group II). In MM, median unit exam and final exam scores for Group I students were 84.4% and 77.8%, compared to 86.0% and 82.2% for Group II students (P<0.018; P<0.001; Mann-Whitney Rank Sum Test). Median unit and final ID exam scores for Group I students were 84.0% and 80.0%, compared to 88.0% and 86.7% for Group II students (P<0.001; P<0.001). Students felt that the CPs improved their critical thinking and presentation skills and helped to prepare them as future physicians.

  12. Utilization of case presentations in medical microbiology to enhance relevance of basic science for medical students

    Directory of Open Access Journals (Sweden)

    Neal R. Chamberlain

    2012-03-01

    Full Text Available Background : Small-group case presentation exercises (CPs were created to increase course relevance for medical students taking Medical Microbiology (MM and Infectious Diseases (ID Methods : Each student received a unique paper case and had 10 minutes to review patient history, physical exam data, and laboratory data. Students then had three minutes to orally present their case and defend why they ruled in or out each of the answer choices provided, followed by an additional three minutes to answer questions. Results : Exam scores differed significantly between students who received the traditional lecture-laboratory curriculum (Group I and students who participated in the CPs (Group II. In MM, median unit exam and final exam scores for Group I students were 84.4% and 77.8%, compared to 86.0% and 82.2% for Group II students (P < 0.018; P < 0.001; Mann-Whitney Rank Sum Test. Median unit and final ID exam scores for Group I students were 84.0% and 80.0%, compared to 88.0% and 86.7% for Group II students (P < 0.001; P < 0.001. Conclusion : Students felt that the CPs improved their critical thinking and presentation skills and helped to prepare them as future physicians.

  13. Patient safety challenges in a case study hospital--of relevance for transfusion processes?

    Science.gov (United States)

    Aase, Karina; Høyland, Sindre; Olsen, Espen; Wiig, Siri; Nilsen, Stein Tore

    2008-10-01

    The paper reports results from a research project with the objective of studying patient safety, and relates the finding to safety issues within transfusion medicine. The background is an increased focus on undesired events related to diagnosis, medication, and patient treatment in general in the healthcare sector. The study is designed as a case study within a regional Norwegian hospital conducting specialised health care services. The study includes multiple methods such as interviews, document analysis, analysis of error reports, and a questionnaire survey. Results show that the challenges for improved patient safety, based on employees' perceptions, are hospital management support, reporting of accidents/incidents, and collaboration across hospital units. Several of these generic safety challenges are also found to be of relevance for a hospital's transfusion service. Positive patient safety factors are identified as teamwork within hospital units, a non-punitive response to errors, and unit manager's actions promoting safety.

  14. 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.

  15. 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.

  16. Automated selection of relevant information for notification of incident cancer cases within a multisource cancer registry.

    Science.gov (United States)

    Jouhet, V; Defossez, G; Ingrand, P

    2013-01-01

    The aim of this study was to develop and evaluate a selection algorithm of relevant records for the notification of incident cases of cancer on the basis of the individual data available in a multi-source information system. This work was conducted on data for the year 2008 in the general cancer registry of Poitou-Charentes region (France). The selection algorithm hierarchizes information according to its level of relevance for tumoral topography and tumoral morphology independently. The selected data are combined to form composite records. These records are then grouped in respect with the notification rules of the International Agency for Research on Cancer for multiple primary cancers. The evaluation, based on recall, precision and F-measure confronted cases validated manually by the registry's physicians with tumours notified with and without records selection. The analysis involved 12,346 tumours validated among 11,971 individuals. The data used were hospital discharge data (104,474 records), pathology data (21,851 records), healthcare insurance data (7508 records) and cancer care centre's data (686 records). The selection algorithm permitted performances improvement for notification of tumour topography (F-measure 0.926 with vs. 0.857 without selection) and tumour morphology (F-measure 0.805 with vs. 0.750 without selection). These results show that selection of information according to its origin is efficient in reducing noise generated by imprecise coding. Further research is needed for solving the semantic problems relating to the integration of heterogeneous data and the use of non-structured information.

  17. [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.

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

    Science.gov (United States)

    1997-02-21

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

  19. 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

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

    Directory of Open Access Journals (Sweden)

    Andi Mardiana

    2015-06-01

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

  1. A rule-based electronic phenotyping algorithm for detecting clinically relevant cardiovascular disease cases.

    Science.gov (United States)

    Esteban, Santiago; Rodríguez Tablado, Manuel; Ricci, Ricardo Ignacio; Terrasa, Sergio; Kopitowski, Karin

    2017-07-14

    The implementation of electronic medical records (EMR) is becoming increasingly common. Error and data loss reduction, patient-care efficiency increase, decision-making assistance and facilitation of event surveillance, are some of the many processes that EMRs help improve. In addition, they show a lot of promise in terms of data collection to facilitate observational epidemiological studies and their use for this purpose has increased significantly over the recent years. Even though the quantity and availability of the data are clearly improved thanks to EMRs, still, the problem of the quality of the data remains. This is especially important when attempting to determine if an event has actually occurred or not. We sought to assess the sensitivity, specificity, and agreement level of a codes-based algorithm for the detection of clinically relevant cardiovascular (CaVD) and cerebrovascular (CeVD) disease cases, using data from EMRs. Three family physicians from the research group selected clinically relevant CaVD and CeVD terms from the international classification of primary care, Second Edition (ICPC-2), the ICD 10 version 2015 and SNOMED-CT 2015 Edition. These terms included both signs, symptoms, diagnoses and procedures associated with CaVD and CeVD. Terms not related to symptoms, signs, diagnoses or procedures of CaVD or CeVD and also those describing incidental findings without clinical relevance were excluded. The algorithm yielded a positive result if the patient had at least one of the selected terms in their medical records, as long as it was not recorded as an error. Else, if no terms were found, the patient was classified as negative. This algorithm was applied to a randomly selected sample of the active patients within the hospital's HMO by 1/1/2005 that were 40-79 years old, had at least one year of seniority in the HMO and at least one clinical encounter. Thus, patients were classified into four groups: (1) Negative patients (2) Patients with Ca

  2. Union Citizenship as a Source of Rights? Case C-434/09, Shirley McCarthy v Secretary of State for the Home Department, Judgment of the Court (Third Chamber, 5 May 2011, nyr

    Directory of Open Access Journals (Sweden)

    Catherine Taroni

    2014-09-01

    Full Text Available McCarthy attempted to rely upon rights under Directive 2004/38 within a home state, but this was not a straightforward case of a purely internal situation, the applicant having acquired Irish nationality and claiming that she was a Union citizen living within the UK as a host Member State. The use of dual citizenship as a potential linking element with Union law follows from earlier developments in citizenship case law. Union citizenship has helped those who do not fully meet requirements of secondary legislation. The ‘trigger’ of cross-border movement has been weakened to some extent in the identity cases, and others such as Carpenter. McCarthy’s attempt to rely upon Union law without ever having moved, just by being a Union citizen, gave the Court of Justice of the European Union a chance to dispel ideas that being a dual Member State national was automatically a linking factor with EU law.

  3. 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...

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

    Directory of Open Access Journals (Sweden)

    David Steelman

    2010-04-01

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

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

    OpenAIRE

    David Steelman

    2010-01-01

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

  6. Guide to Alabama Court Procedures.

    Science.gov (United States)

    Alabama Administrative Office of Courts, Montgomery.

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

  7. International Justice through Domestic Courts:

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2015-01-01

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

  8. 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.

  9. Decision-relevant evaluation of climate models: A case study of chill hours in California

    Science.gov (United States)

    Jagannathan, K. A.; Jones, A. D.; Kerr, A. C.

    2017-12-01

    The past decade has seen a proliferation of different climate datasets with over 60 climate models currently in use. Comparative evaluation and validation of models can assist practitioners chose the most appropriate models for adaptation planning. However, such assessments are usually conducted for `climate metrics' such as seasonal temperature, while sectoral decisions are often based on `decision-relevant outcome metrics' such as growing degree days or chill hours. Since climate models predict different metrics with varying skill, the goal of this research is to conduct a bottom-up evaluation of model skill for `outcome-based' metrics. Using chill hours (number of hours in winter months where temperature is lesser than 45 deg F) in Fresno, CA as a case, we assess how well different GCMs predict the historical mean and slope of chill hours, and whether and to what extent projections differ based on model selection. We then compare our results with other climate-based evaluations of the region, to identify similarities and differences. For the model skill evaluation, historically observed chill hours were compared with simulations from 27 GCMs (and multiple ensembles). Model skill scores were generated based on a statistical hypothesis test of the comparative assessment. Future projections from RCP 8.5 runs were evaluated, and a simple bias correction was also conducted. Our analysis indicates that model skill in predicting chill hour slope is dependent on its skill in predicting mean chill hours, which results from the non-linear nature of the chill metric. However, there was no clear relationship between the models that performed well for the chill hour metric and those that performed well in other temperature-based evaluations (such winter minimum temperature or diurnal temperature range). Further, contrary to conclusions from other studies, we also found that the multi-model mean or large ensemble mean results may not always be most appropriate for this

  10. 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

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

    Directory of Open Access Journals (Sweden)

    Lydia Terekhova

    2014-01-01

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

  12. Quantifying Relevance of Mobile Digital Evidence As They Relate to Case Types: A Survey and a Guide for Best Practices

    Directory of Open Access Journals (Sweden)

    Shahzad Saleem

    2014-09-01

    Full Text Available In this work, a survey was conducted to help quantify the relevance of nineteen types of evidence (such as SMS to seven types of digital investigations associated with mobile devices (MD (such as child pornography. 97 % of the respondents agreed that every type of digital evidence has a different level of relevance to further or solve a particular investigation. From 55 serious participants, a data set of 5,772 responses regarding the relevance of nineteen types of digital evidence for all the seven types of digital investigations was obtained. The results showed that (i SMS belongs to the most relevant type of digital evidence for all the seven types of investigations, (ii MMS belongs to the most relevant type of digital evidence for all the types of digital investigations except espionage and eavesdropping where it is the second most relevant type of digital evidence, (iii Phonebook and Contacts is the most relevant type of digital evidence for all types of digital investigations except child pornography, (iv Audio Calls is the most relevant type of digital evidence for all types of digital investigations except credit card fraud and child pornography and (v Standalone Files are the least relevant type of digital evidence for most of the digital investigations. The size of the response data set was fairly reasonable to analyze and then define; by generalization, relevance based best practices for mobile device forensics, which can supplement any forensics process model, including digital triage. For the reliability of these best practices, the impact of responses from the participants with more than five years of experience was analyzed by using one hundred and thirty three (133 instances of One-Way ANOVA tests. The results of this research can help investigators concentrate on the relevant types of digital evidence when investigating a specific case, consequently saving time and effort.

  13. Judicial Separation and Divorce in the Circuit Court

    OpenAIRE

    O'Shea, Roisin

    2014-01-01

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

  14. Unanimous Supreme Court finds for actions by whistleblowers

    International Nuclear Information System (INIS)

    Norris, J.E.

    1990-01-01

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

  15. 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...

  16. Impact of Non Accounting Information on The Value Relevance of Accounting Information: The Case of Jordan

    Directory of Open Access Journals (Sweden)

    DHIAA SHAMKI

    2013-07-01

    Full Text Available The paper presents empirical evidence about the impact of firm’s shareholders number as non accounting information on the value relevance of its earnings and book value of equity as accounting information for Jordanian industrial firms for the period from 1993 to 2002. Employing the return regression analysis and using shareholders number in two proxies namely local and foreign shareholders number, the findings of the study are fourfold. First, Individual earnings are value relevant while book value is irrelevant. Second, combining earnings with book value leads both of them to be irrelevant. Third, extending local shareholders number has significant impact on the value relevance of individual and combined earnings. Forth, extending foreign shareholders number has significant impact on the value relevance of individual book value and combined earnings. Since studies on the value relevance of these variables have neglected Jordan (and the Middle Eastern region, the study is the first especially in Jordan that tries to fill this gap by examiningthe impact of shareholders numbers on the value relevance of earnings and book valueto indicate firm value.

  17. 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…

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

    Directory of Open Access Journals (Sweden)

    Miguel Ángel Cepillo Galvín

    2009-12-01

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

  19. The courts in Renaissance Italy

    Directory of Open Access Journals (Sweden)

    Beatrice Del Bo

    2011-09-01

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

  20. ECHR and national constitutional courts

    Directory of Open Access Journals (Sweden)

    Nastić Maja

    2015-01-01

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

  1. Court interpreting and pragmatic meaning

    DEFF Research Database (Denmark)

    Jacobsen, Bente

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

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

    Directory of Open Access Journals (Sweden)

    Saulius Katuoka

    2018-01-01

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

  3. 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...

  4. Legal review on PTSD defense of adolescent patients in criminal cases

    Directory of Open Access Journals (Sweden)

    Xiaofu Li

    2017-02-01

    Full Text Available Post-Traumatic Stress Disorder is nothing new for Chinese society; however, Chinese courts are hesitated to accept the PTSD as a mental defense for adolescent patients. PTSD defense might be popular in future and court shall give proper weight to relevant factors. It is a big problem that there are no procedures or instructions for the connection between diagnosis and judgment. The paper illustrates the origination of PTSD and its development in USA with some relevant cases. Even the American courts consider PTSD as a problem. And there should be detailed regulations in China to keep pace with the development of science technology.

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

    Science.gov (United States)

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

    2013-01-01

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

  6. 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...

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

    Directory of Open Access Journals (Sweden)

    Anan A. Haidar

    2008-02-01

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

  8. Using an Ishikawa diagram as a tool to assist memory and retrieval of relevant medical cases from the medical literature.

    Science.gov (United States)

    Wong, Kam Cheong

    2011-03-29

    Studying medical cases is an effective way to enhance clinical reasoning skills and reinforce clinical knowledge. An Ishikawa diagram, also known as a cause-and-effect diagram or fishbone diagram, is often used in quality management in manufacturing industries.In this report, an Ishikawa diagram is used to demonstrate how to relate potential causes of a major presenting problem in a clinical setting. This tool can be used by teams in problem-based learning or in self-directed learning settings.An Ishikawa diagram annotated with references to relevant medical cases and literature can be continually updated and can assist memory and retrieval of relevant medical cases and literature. It could also be used to cultivate a lifelong learning habit in medical professionals.

  9. Using an Ishikawa diagram as a tool to assist memory and retrieval of relevant medical cases from the medical literature

    Directory of Open Access Journals (Sweden)

    Wong Kam Cheong

    2011-03-01

    Full Text Available Abstract Studying medical cases is an effective way to enhance clinical reasoning skills and reinforce clinical knowledge. An Ishikawa diagram, also known as a cause-and-effect diagram or fishbone diagram, is often used in quality management in manufacturing industries. In this report, an Ishikawa diagram is used to demonstrate how to relate potential causes of a major presenting problem in a clinical setting. This tool can be used by teams in problem-based learning or in self-directed learning settings. An Ishikawa diagram annotated with references to relevant medical cases and literature can be continually updated and can assist memory and retrieval of relevant medical cases and literature. It could also be used to cultivate a lifelong learning habit in medical professionals.

  10. Philosophy of Education in the Public Sphere: The Case of "Relevance"

    Science.gov (United States)

    Martin, Christopher

    2011-01-01

    Universities are under increasing pressure to demonstrate the economic and social relevance of the research they produce. In the UK, for example, recent developments in the UK under the Research Excellence Framework (REF) suggest that future funding schemes will grant "significant additional recognition... where researchers build on excellent…

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

    Directory of Open Access Journals (Sweden)

    Puente-Ballesteros, Beatriz

    2012-06-01

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

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

  12. 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...

  13. 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...

  14. 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

  15. Nullum Crimen sine Lege in the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Venus GHAREH BAGHI

    2010-10-01

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

  16. How the Courts Deal with Bullying in Schools

    Science.gov (United States)

    Diamantes, Thomas

    2010-01-01

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

  17. Specialized Accounting Inspection: study on the perception of the Trial judges in the Labor Court System about the quality and relevance of the specialized investigation job of expertsPerícia Contábil: estudo da percepção de juízes de Primeira Instância na Justiça do Trabalho sobre a qualidade e a relevância do trabalho do peritoPericia Contable: estudio de la percepción de los jueces de Primera Instancia en el Tribunal del Trabajo sobre la calidad y la pertinencia de la labor del perito

    Directory of Open Access Journals (Sweden)

    NEVES JÚNIOR, Idalberto Jose das

    2013-06-01

    Full Text Available ABSTRACTThe court appointed experts have means to inform and elucidate the judge, guiding him in his decisions, since it can’t be expected that judges are scientists or technicians in all matters, since there are matters that need clarification and certification of professionals deserving full faith in all technical, moral, scientific and legal aspects. Thus, the burden shouldered by the Judge is shared with the Expert who instructs him with the certification of causes and events through his expertise and requirements of morality and honesty. Within this context, this study aimed to know the opinion of the Trial judges working in the Labour Court System on the quality and relevance of the work done by the accounting expert. To this end, we have carried out a field research with 135 Trial judges of the Labor Court System in all regions of Brazil. The multivariate statistical technique of cluster analysis was used to better study the cases. The results of this survey revealed that 58% of respondents regard the work of the expert accountant as good and necessary, and that 71% of the judges consider the work of the expert accountant relevant to support their decisions. However, the judges have shown the main failures found in the work of the accountant-expert as well as suggestions for improvement.RESUMOA perícia tem meios de cientificar e elucidar o julgador, orientando-o em suas decisões, uma vez que não se pode esperar que os magistrados sejam cientistas ou técnicos em quaisquer assuntos, visto que há matérias que precisam de esclarecimento e certificação de profissionais merecedores de inteira fé, nos aspectos técnicos, moral, científico e legal. Destarte, a carga que pesa sobre o Juiz é dividida com o Perito, que o instrui com a certificação de causas e fatos por meio de suas qualidades de especialista e requisitos de moralidade e honestidade. Dentro desse contexto, este estudo objetivou conhecer a opinião dos juízes que atuam

  18. Brain-relevant antibodies in first-episode psychosis: a matched case-control study.

    Science.gov (United States)

    Gaughran, Fiona; Lally, John; Beck, Katherine; McCormack, Ruaidhri; Gardner-Sood, Poonam; Coutinho, Ester; Jacobson, Leslie; Lang, Bethan; Sainz-Fuertes, Ricardo; Papanastasiou, Evangelos; Di Forti, Marta; Nicholson, Tim; Vincent, Angela; Murray, Robin M

    2018-06-01

    There has been much recent excitement about the possibility that some cases of psychosis may be wholly due to brain-reactive antibodies, with antibodies to N-methyl-D-aspartate receptor (NMDAR) and the voltage-gated potassium channel (VGKC)-complex reported in a few patients with first-episode psychosis (FEP). Participants were recruited from psychiatric services in South London, UK, from 2009 to 2011 as part of the Genetics and Psychosis study. We conducted a case-control study to examine NMDAR and VGKC-complex antibody levels and rates of antibody positivity in 96 patients presenting with FEP and 98 controls matched for age and sex. Leucine-rich glioma inactiviated-1 (LGI1) and contactin-associated protein (CASPR) antibodies were also measured. Notably, patients with suspicion of organic disease were excluded. VGKC-complex antibodies were found in both cases (n = 3) and controls (n = 2). NMDAR antibody positivity was seen in one case and one control. Either LGI1-Abs or CASPR2-Abs were found in three cases and three controls. Neuronal antibody staining, consistent with the above results or indicating potential novel antigens, was overall positive in four patients but also in six controls. Overall, antibody positivity was at low levels only and not higher in cases than in controls. This case-control study of the prevalence of antibodies in FEP does not provide evidence to support the hypothesis that FEP is associated with an immune-mediated process in a subgroup of patients. Nevertheless, as other bio-clinical factors may influence the effect of such antibodies in a given individual, and patients with organic neurological disease may be misdiagnosed as FEP, the field requires more research to put these findings in context.

  19. The Value Relevance of Environmental, Social, and Governance Performance: The Brazilian Case

    Directory of Open Access Journals (Sweden)

    María Mar Miralles-Quirós

    2018-02-01

    Full Text Available There is extensive literature on the value relevance of social responsibility for companies that operate in developed countries. However, little is known about the influence of these practices on the price of assets listed on emerging economies, such as Brazil. In this context, the aim of this study is to analyse whether social responsibility activities carried out by companies listed on the São Paulo Stock Exchange during the 2010–2015 period play a significant role in enhancing firm value. Unlike previous studies, we distinguish between the three modern pillars of sustainability: environmental, social, and corporate governance (ESG. Our overall results support the value enhancing theory rather than the shareholder expense theory. However, it is important to note that the results also show that the market does not significantly value the three ESG pillars. Specifically, the market positively and significantly values the environmental practices carried out by companies not related to environmentally sensitive industries. In contrast, the market positively and significantly values the social and corporate governance practices carried out by the companies belonging to these sensitive industries. These findings are relevant for both investors and the managers of these companies, policy makers, customers, and citizens concerned about ESG issues.

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

    Directory of Open Access Journals (Sweden)

    Barbora Hola

    2016-12-01

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

  1. 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....

  2. 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

  3. German Kava Ban Lifted by Court: The Alleged Hepatotoxicity of Kava (Piper methysticum) as a Case of Ill-Defined Herbal Drug Identity, Lacking Quality Control, and Misguided Regulatory Politics.

    Science.gov (United States)

    Kuchta, Kenny; Schmidt, Mathias; Nahrstedt, Adolf

    2015-12-01

    Kava, the rhizome and roots of Piper methysticum, are one of the most important social pillars of Melanesian societies. They have been used for more than 1000 years in social gatherings for the preparation of beverages with relaxing effects. During the colonial period, extract preparations found their way into Western medicinal systems, with experience especially concerning the treatment of situational anxiety dating back more than 100 years. It therefore came as a surprise when the safety of kava was suddenly questioned based on the observation of a series of case reports of liver toxicity in 1999 and 2000. These case reports ultimately led to a ban of kava products in Europe - a ban that has been contested because of the poor evidence of risks related to kava. Only recently, two German administrative courts decided that the decision of the regulatory authority to ban kava as a measure to ensure consumer safety was inappropriate and even associated with an increased risk due to the higher risk inherent to the therapeutic alternatives. This ruling can be considered as final for at least the German market, as no further appeal has been pursued by the regulatory authorities. However, in order to prevent further misunderstandings, especially in other markets, the current situation calls for a comprehensive presentation of the cardinal facts and misconceptions concerning kava and related drug quality issues. Georg Thieme Verlag KG Stuttgart · New York.

  4. Is sustainable resource utilisation a relevant concept in Avanersuaq? The walrus case

    DEFF Research Database (Denmark)

    Andersen, Astrid Oberborbeck; Heide-Jorgensen, Mads Peter; Flora, Janne

    2018-01-01

    analyse how walruses acquire multiple values as they circulate in different networks. Sustainable resource utilisation, we conclude, is a concept that is relevant in Avanersuaq and beyond, because it works as a biological standard, and hence organises laws, norms, and practices of formal management......This article addresses the role of Atlantic walrus (Odobenus rosmarus rosmarus) in present-day Avanersuaq from anthropological and biological perspectives, and asks whether or not sustainable resource utilisation is a useful concept in northwest Greenland. We describe the relations that unfold...... around walrus and walrus hunting, in the communities living adjacent to the North Water polynya on the eastern side of Smith Sound. We examine the interplay of walrus population abundance, hunting practices, uses, and formal (governmental) and informal (traditional) ways of regulating the hunt, and we...

  5. Case Studies of Leading Edge Small Urban High Schools. Relevance Strategic Designs: 4. Boston Arts Academy

    Science.gov (United States)

    Shields, Regis Anne; Ireland, Nicole; City, Elizabeth; Derderian, Julie; Miles, Karen Hawley

    2008-01-01

    This report is one of nine detailed case studies of small urban high schools that served as the foundation for the Education Resource Strategies (ERS) report "Strategic Designs: Lessons from Leading Edge Small Urban High Schools." These nine schools were dubbed "Leading Edge Schools" because they stand apart from other high…

  6. Case Studies of Leading Edge Small Urban High Schools. Relevance Strategic Designs: 6. Perspectives Charter School

    Science.gov (United States)

    Shields, Regis Anne; Ireland, Nicole; City, Elizabeth; Derderian, Julie; Miles, Karen Hawley

    2008-01-01

    This report is one of nine detailed case studies of small urban high schools that served as the foundation for the Education Resource Strategies (ERS) report "Strategic Designs: Lessons from Leading Edge Small Urban High Schools." These nine schools were dubbed "Leading Edge Schools" because they stand apart from other high…

  7. Six cases of Aerococcus sanguinicola infection: Clinical relevance and bacterial identification

    DEFF Research Database (Denmark)

    Ibler, K.; Jensen, K.T.; Ostergaard, C.

    2008-01-01

    were associated with infective endocarditis. Most patients were elderly (median age 70 y) and had underlying neurological disorders including dementia, cerebral degeneration, and myelomeningocele. The primary focus of infection was the urinary tract in 3 cases and the gallbladder in 1; no focus...

  8. Real-time data helps in court

    International Nuclear Information System (INIS)

    Houlahan, T.

    2000-01-01

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

  9. Court Supervised Institutional Transformation in South Africa

    Directory of Open Access Journals (Sweden)

    Deon Erasmus

    2015-12-01

    problems to be properly addressed or where the executive fails to implement or even ignores court orders. Thus, the wrong which is complained of is not a wrong done to a particular person, but the constitutional wrong is the manner in which the institution executes its mandate vis-a-vis the vulnerable beneficiaries of the public service in question. The transformation thereof is designed to bring the institution within its constitutional duties and bounds. There is usually no dispute about the failures of the organisation and court orders are often taken by consent. The question which arises is how it can be ensured that a public institution such as a school, welfare department, hospital for the mentally disabled, home for the elderly or prison, which is designed to serve or accommodate the vulnerable may be brought into conformity with its constitutional mandate where there are continual and persistent failures to do so. Even where court orders are obtained, there are often significant problems with the implementation thereof. In the case of prisons, a possible solution, which has been employed in the United States of America and which may be adapted for use in the South African context, is that of a post-trial special master or court appointed supervisor, who supervises the transformation of the public institution until such time as the non-compliance has been appropriately resolved. In this article the role and functions of the American special master will be set out. The feasibility of importing such an office into the South African context will be evaluated

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

    NARCIS (Netherlands)

    Breemen, K.

    2012-01-01

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

  11. A case of deep venous thrombosis following protracted catatonic immobility recovered with electroconvulsive therapy: the relevance for an early intervention.

    Science.gov (United States)

    Medda, Pierpaolo; Fornaro, Michele; Fratta, Sara; Callari, Antonio; Manzo, Valerio; Ciaponi, Benedetta; Perugi, Giulio

    2012-01-01

    Catatonic patients often experience prolonged inactivity and dehydration, thus being prone to venous stasis leading to life-threatening thrombosis and pulmonary embolism (PE). When this occurs, the prescription of electroconvulsive therapy (ECT), actually irreplaceable in most life-threatening cases, remains controversial essentially due to an increased risk for PE and cerebral haemorrhage, with timing clinical decisions being as crucial as difficult to take. We report the case of a catatonic patient affected by malnutrition, deep venous thrombosis, severe pressure ulcers and septic syndrome resulting from previous untimely management, successfully treated with 16 well-tolerated ECT applications upon intensive supportive care. Although anecdotal, cases like this remind the relevance of early ECT to reduce the risk for potentially life-threatening complications due to prolonged catatonic inactivity, especially to those clinicians substantially disregarding this practice. Copyright © 2012 Elsevier Inc. All rights reserved.

  12. Juvenile Courts. Creation and development

    Directory of Open Access Journals (Sweden)

    Montserrat GONZÁLEZ FERNÁNDEZ

    2013-11-01

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

  13. 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…

  14. 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…

  15. 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

  16. 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...

  17. 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...

  18. Relevance of Discrecionary Accruals in Ohlson Model: the Case of Mexico

    Directory of Open Access Journals (Sweden)

    Rocío Durán-Vázquez

    2012-01-01

    Full Text Available This study applied the modified Jones´ model (1991 for selected companies of Mexico. This model aims to assess the impact of Discretionary Accrual Information (DAI on financial reporting statements, in order to identify the value relevance of “earnings quality”. We applied methodological criteria of Chung et al (2005 and Mukit & Iskandar (2009. We analyzed financial information of the 35 stock included in the Index of Prices and Quotations (IPC of the Mexican Stock Exchange (BMV for the period 2000 to 2011. 19 companies met the specifications of the model, for 48 quarters of information. The analysis was done in three parts: first, an analysis of the modified Jones´ model under panel data considerations by using fixed effects and adjustments of performing autocorrelation of order 1; second, a correlation analysis between the residuals of the modified Jones´ model and the return of stock price in 3 annual closings years of study: 2007, 2008 and 2009; and third, we incorporated this variable (DAI in the Ohlson model (of the financial and corporate accounting literature and we tested it with panel data analysis, under fixed effects, throughout the study period.

  19. A Case Study: Are Traditional Face-To-Face Lectures Still Relevant When Teaching Engineering Courses?

    Directory of Open Access Journals (Sweden)

    LillAnne Jackson

    2013-12-01

    Full Text Available In this rapidly changing age, with virtually all information available on the Internet including courses, students may not find any reason to physically attend the lectures. In spite of the many benefits the online lectures and materials bring to teaching, this drift from the traditional (norm face-to-face lectures is also creating further barriers, such as difficulty in communicating and building personal relationships, between students and instructor. In this paper we carry out a study that presents and analyzes factors that motivate students to attend a (1 face-to-face instruction in-class versus an (2 online class. This study is based on an anonymous and voluntary survey that was conducted in the School of Engineering at University of Victoria, BC, Canada. This paper presents and shares the detailed results and analysis of this survey that also includes some interesting and useful comments from the students. Based on the results, analysis and comments the paper suggests methodologies of how to improve face-to-face in-class instructions to make them more relevant to the current global information age.

  20. Feminist Scholarship and Its Relevance for Political Engagement: The Test Case of Abortion in the U.S.

    Directory of Open Access Journals (Sweden)

    Margaret Kamitsuka

    2011-08-01

    Full Text Available This essay explores how gender studies in academe, including in religious studies, might remain relevant to ongoing feminist political engagement.  I explore some specific dynamics of this challenge, using as my test case the issue of abortion in the U.S.  After discussing how three formative feminist principles (women’s experience as feminism’s starting point, the personal is political, and identity politics have shaped approaches to the abortion issue for feminist scholars in religion, I argue that ongoing critique, new theoretical perspectives, and attentiveness to subaltern voices are necessary for these foundational feminist principles to keep pace with fast-changing and complex societal dynamics relevant to women’s struggles for reproductive health and justice.  The essay concludes by proposing ‘natality’ as a helpful concept for future feminist theological and ethical thinking on the subject.

  1. 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

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

    DEFF Research Database (Denmark)

    Martinsen, Bodil

    2009-01-01

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

  3. Relevance of multiple spatial scales in habitat models: A case study with amphibians and grasshoppers

    Science.gov (United States)

    Altmoos, Michael; Henle, Klaus

    2010-11-01

    Habitat models for animal species are important tools in conservation planning. We assessed the need to consider several scales in a case study for three amphibian and two grasshopper species in the post-mining landscapes near Leipzig (Germany). The two species groups were selected because habitat analyses for grasshoppers are usually conducted on one scale only whereas amphibians are thought to depend on more than one spatial scale. First, we analysed how the preference to single habitat variables changed across nested scales. Most environmental variables were only significant for a habitat model on one or two scales, with the smallest scale being particularly important. On larger scales, other variables became significant, which cannot be recognized on lower scales. Similar preferences across scales occurred in only 13 out of 79 cases and in 3 out of 79 cases the preference and avoidance for the same variable were even reversed among scales. Second, we developed habitat models by using a logistic regression on every scale and for all combinations of scales and analysed how the quality of habitat models changed with the scales considered. To achieve a sufficient accuracy of the habitat models with a minimum number of variables, at least two scales were required for all species except for Bufo viridis, for which a single scale, the microscale, was sufficient. Only for the European tree frog ( Hyla arborea), at least three scales were required. The results indicate that the quality of habitat models increases with the number of surveyed variables and with the number of scales, but costs increase too. Searching for simplifications in multi-scaled habitat models, we suggest that 2 or 3 scales should be a suitable trade-off, when attempting to define a suitable microscale.

  4. Elaboration of a guide including relevant project and logistic information: a case study

    Energy Technology Data Exchange (ETDEWEB)

    Costa, Tchaikowisky M. [Faculdade de Tecnologia e Ciencias (FTC), Itabuna, BA (Brazil); Bresci, Claudio T.; Franca, Carlos M.M. [PETROBRAS, Rio de Janeiro, RJ (Brazil)

    2009-07-01

    For every mobilization of a new enterprise it is necessary to quickly obtain the greatest amount of relative information in regards to location and availability of infra-structure, logistics, and work site amenities. Among this information are reports elaborated for management of the enterprise, (organizational chart, work schedule, objectives, contacts, etc.) as well as geographic anomalies, social-economic and culture of the area to be developed such as territorial extension, land aspects, local population, roads and amenities (fuel stations ,restaurants and hotels), infra-structure of the cities (health, education, entertainment, housing, transport, etc.) and logistically the distance between cities the estimated travel time, ROW access maps and notable points, among other relevant information. With the idea of making this information available for everyone involved in the enterprise, it was elaborated for GASCAC Spread 2A a rapid guide containing all the information mentioned above and made it available for all the vehicles used to transport employees and visitors to the spread. With this, everyone quickly received the majority of information necessary in one place, in a practical, quick, and precise manner, since the information is always used and controlled by the same person. This study includes the model used in the gas pipeline GASCAC Spread 2A project and the methodology used to draft and update the information. Besides the above, a file in the GIS format was prepared containing all necessary planning, execution and tracking information for enterprise activities, from social communication to the execution of the works previously mentioned. Part of the GIS file information was uploaded to Google Earth so as to disclose the information to a greater group of people, bearing in mind that this program is free of charge and easy to use. (author)

  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. 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)

  7. "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…

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

    Science.gov (United States)

    Chilton, Bradley; Chwialkowski, Paul

    2014-01-01

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

  9. 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

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

    NARCIS (Netherlands)

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

    2014-01-01

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

  11. 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.

  12. Trial Courts in the Judicial Process.

    Science.gov (United States)

    McKnight, R. Neal

    1981-01-01

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

  13. The Court in the Homeric Epos

    Science.gov (United States)

    Loginov, Alexandr

    2016-01-01

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

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

    OpenAIRE

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Veit Bader

    2010-11-01

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

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

    Directory of Open Access Journals (Sweden)

    Olanrele O. O.

    2014-01-01

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

  17. MULTIPLE VARIATIONS OF THE SUPERFICIAL JUGULAR VEINS: CASE REPORT AND CLINICAL RELEVANCE

    Directory of Open Access Journals (Sweden)

    George Paraskevas

    2014-01-01

    Full Text Available The jugular venous system constitutes the primary venous drainage of the head and neck. It includes a profundus or subfascial venous system, formed by the two internal jugular veins, and a superficial or subcutaneous one, formed by the two anterior and two external jugular veins. We report one case of unilateral anatomical variations of the external and anterior jugular veins. Particularly, on the right side, three external jugular veins co-existed with two anterior jugular veins. Such a combination of venous anomalies is extremely rare. The awareness of the variability of these veins is essential to anesthesiologists and radiologists, since the external jugular vein constitutes a common route for catheterization. Their knowledge is also important to surgeons performing head and neck surgery.

  18. Cosmopolitanism and the relevance of 'zombie concepts': the case of anomic suicide amongst Alevi Kurd youth.

    Science.gov (United States)

    Cetin, Umit

    2017-06-01

    Against Beck's claims that conventional sociological concepts and categories are zombie categories, this paper argues that Durkheim's theoretical framework in which suicide is a symptom of an anomic state of society can help us understand the diversity of trajectories that transnational migrants follow and that shape their suicide rates within a cosmopolitan society. Drawing on ethnographic data collected on eight suicides and three attempted suicide cases of second-generation male Alevi Kurdish migrants living in London, this article explains the impact of segmented assimilation/adaptation trajectories on the incidence of suicide and how their membership of a 'new rainbow underclass', as a manifestation of cosmopolitan society, is itself an anomic social position with a lack of integration and regulation. © London School of Economics and Political Science 2016.

  19. The Relevance of Maternal Socioeconomic Characteristics for Low Birth Weight – a Case-Control Study

    Science.gov (United States)

    Altenhöner, T.; Köhler, M.; Philippi, M.

    2016-01-01

    Introduction: The number of children born underweight (low birth weight, LBW) is increasing despite extensive prevention and screening programmes. The cost is high for the health system, and affected children are burdened with health predictors that can affect them negatively throughout their lives. This study investigates to what extent socioeconomic factors, in addition to known medical causes and the health behaviour of pregnant women, influence LBW. Materials and Methods: In this case-control study 131 mothers of singletons with a birth weight ≤ 2500 g (cases) and 323 mothers of normal birth weight babies (controls) were interviewed with respect to socioeconomic status, health behaviour and stress in the workplace. Medical data were collected by specialist staff using a questionnaire. Results: Independent of medical diagnosis and health behaviour, women with lower level education (OR [95 % CI] = 2.24 [1.12; 4.51]) and those who were not working (OR [95 % CI] = 1.82 [1.10; 3.00]) were more likely to have an LBW baby. No effect was shown for immigrant background (OR [95 % CI] = 1.14 [0.59; 2.21]) or stress in the workplace (OR [95 % CI] = 1.17 [0.90; 1.51]). Discussion and Conclusion: These results show that the association between social and health inequalities starts from before birth. In order to reduce the rising number of babies born underweight, socioeconomic determinants in the care and supervision of pregnant women should systematically receive more attention to enable appropriate early preventive strategies to be implemented. PMID:27065486

  20. The Relevance of Maternal Socioeconomic Characteristics for Low Birth Weight - a Case-Control Study.

    Science.gov (United States)

    Altenhöner, T; Köhler, M; Philippi, M

    2016-03-01

    Introduction: The number of children born underweight (low birth weight, LBW) is increasing despite extensive prevention and screening programmes. The cost is high for the health system, and affected children are burdened with health predictors that can affect them negatively throughout their lives. This study investigates to what extent socioeconomic factors, in addition to known medical causes and the health behaviour of pregnant women, influence LBW. Materials and Methods: In this case-control study 131 mothers of singletons with a birth weight ≤ 2500 g (cases) and 323 mothers of normal birth weight babies (controls) were interviewed with respect to socioeconomic status, health behaviour and stress in the workplace. Medical data were collected by specialist staff using a questionnaire. Results: Independent of medical diagnosis and health behaviour, women with lower level education (OR [95 % CI] = 2.24 [1.12; 4.51]) and those who were not working (OR [95 % CI] = 1.82 [1.10; 3.00]) were more likely to have an LBW baby. No effect was shown for immigrant background (OR [95 % CI] = 1.14 [0.59; 2.21]) or stress in the workplace (OR [95 % CI] = 1.17 [0.90; 1.51]). Discussion and Conclusion: These results show that the association between social and health inequalities starts from before birth. In order to reduce the rising number of babies born underweight, socioeconomic determinants in the care and supervision of pregnant women should systematically receive more attention to enable appropriate early preventive strategies to be implemented.

  1. 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.

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

    Directory of Open Access Journals (Sweden)

    Bosilja Britvić Vetma

    2014-01-01

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

  3. Life sentence penalty and extradition under article 3 of the ECHR: A leading case of the European Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Mario Antinucci

    2017-06-01

    Full Text Available Life sentence penalty covers a diverse range of practices, from the most severe form of life imprisonment without parole, in which a person is sentenced to die in prison so long as their sentence stands, to more indeterminate sentences in which at the time of sentencing it is not clear how long the sentenced person will spend in prison. Dealing with the question whether the extradition of a person to a foreign state where is accused of a crime for which a sentence of life imprisonment can be imposed can potentially violate article 3 of the European Convention on Human Rights. What all these sentences have in common, however, is that at the time the sentence is passed, a person is liable to be detained for the rest of his or her natural life. We all know “The United Nations Standard Minimum Rules” and relevant international instruments on the rehabilitation of imprisonment, but at the moment more than 73 States in the world retain life imprisonment as a penalty for offences committed while under the age of 18. General perspective of criminal justice reform in Latin America should take into a right account the meaning of life - imprisonment penalty under article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment or punishment.

  4. The relevance of global energy governance for Arab countries: The case of Morocco

    International Nuclear Information System (INIS)

    Fritzsche, Kerstin; Zejli, Driss; Taenzler, Dennis

    2011-01-01

    Global climate and energy governance have led to the creation of a wide range of international and regional institutions, initiatives and financial mechanisms dedicated to fostering renewable energies. Furthermore, a low-carbon economy has evolved in recent years. The objective of this paper is to assess the potential benefits and merits of these institutions, initiatives and mechanisms from the perspective of the Middle East and North Africa (MENA) region. The central questions are if and how these organizations, initiatives and finance mechanisms could support a country from MENA in its efforts to implement large-scale capacities for renewable energy production. For this purpose, Morocco was chosen as a case study. The findings in this paper indicate that the existing institutions and financial mechanisms do not sum up to a coordinated governance approach, although the main needs of a country or region appear to be addressed. The existing institutions and financial mechanisms vary significantly in their ability to support countries, especially those taking the lead in renewable energy implementation. - Research highlights: → A coordinated governance approach is missing for the encouragement of renewable energy application. → Existing institutions and financial mechanisms vary significantly in their ability to support countries. → Front runner countries, such as Morocco, may not find all of their needs adequately addressed.

  5. Court rejects claim of mental illness from needlestick.

    Science.gov (United States)

    1998-05-29

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

  6. Court Upholds Confidentiality of Research Records/Data.

    Science.gov (United States)

    Florio, David H.

    1980-01-01

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

  7. 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"…

  8. 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...

  9. 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...

  10. Application of FEPs analysis to identify research priorities relevant to the safety case for an Australian radioactive waste facility

    International Nuclear Information System (INIS)

    Payne, T.E.; McGlinn, P.J.

    2007-01-01

    The Australian Nuclear Science and Technology Organisation (ANSTO) has established a project to undertake research relevant to the safety case for the proposed Australian radioactive waste facility. This facility will comprise a store for intermediate level radioactive waste, and either a store or a near-surface repository for low-level waste. In order to identify the research priorities for this project, a structured analysis of the features, events and processes (FEPs) relevant to the performance of the facility was undertaken. This analysis was based on the list of 137 FEPs developed by the IAEA project on 'Safety Assessment Methodologies for Near Surface Disposal Facilities' (ISAM). A number of key research issues were identified, and some factors which differ in significance for the store, compared to the repository concept, were highlighted. For example, FEPs related to long-term groundwater transport of radionuclides are considered to be of less significance for a store than a repository. On the other hand, structural damage from severe weather, accident or human interference is more likely for a store. The FEPs analysis has enabled the scientific research skills required for the inter-disciplinary project team to be specified. The outcomes of the research will eventually be utilised in developing the design, and assessing the performance, of the future facility. It is anticipated that a more detailed application of the FEPs methodology will be undertaken to develop the safety case for the proposed radioactive waste management facility. (authors)

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

    Directory of Open Access Journals (Sweden)

    Bibi van Ginkel

    2015-05-01

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

  12. La orientación sexual ante el Tribunal Europeo de Derechos Humanos // Sexual orientation before the European Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Estela Gilbaja Cabrero

    2014-11-01

    Afterwards, other relevant cases are studied, in which the ECHR analyzes the alleged discrimination based on sexual orientation in connection with Articles 3 (prohibition of torture and inhuman or degrading treatment or punishment, 10 (freedom of expression and 11 (freedom of assembly and association of the Convention. The main conclusions reached at the end of the work can be summarized as follows. First of all, criminalization of homosexual relations violates the right to respect for private life. In addition, differences based on sexual orientation need especially serious reasons not to be discriminatory. Moreover, the Court declares that same-sex couples need for legal recognition and protection as well as different-sex ones. As to filiation, the Court analyzes each case conferring the States certain margin of appreciation but within narrow limits.

  13. 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.

  14. 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.)

  15. 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.

  16. Domestic Violence Courts: A Multisite Test of Whether and How They Change Offender Outcomes.

    Science.gov (United States)

    Cissner, Amanda B; Labriola, Melissa; Rempel, Michael

    2015-09-01

    Findings are from an investigation of 24 criminal domestic violence courts (DVCs) across New York, testing their effect on recidivism, case processing, and case resolutions. Overall, we found a small positive impact on recidivism among convicted offenders. We further found that the sex of defendants moderated the court impact on case resolutions; that is, among male defendants only, DVCs increased conviction rates and sentences involving jail or prison. In addition, multi-level, multivariate analyses found that court policies specifically designed to increase victim safety, hold offenders accountable, and reduce offender recidivism (through deterrence or rehabilitation) were instrumental in reducing recidivism. © The Author(s) 2015.

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

    Science.gov (United States)

    Macdonald, Gillian S

    2016-06-01

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

  18. 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...

  19. Prospects of development of the court decrees enforcement system

    Directory of Open Access Journals (Sweden)

    Kristina Sergeyevna Morkovskaya

    2015-06-01

    Full Text Available Objective the relevance of the topic the insufficient level of its scientific elaboration predetermined the research objectives which consist in the analysis of the institution of enforcement proceedings the identification of key challenges trends and ways to improve the current system of court decrees enforcement. Methods the methodological basis of the undertaken research is scientific method of cognition in conjunction with certain specific scientific methods the laws of formal logic historical method comparative legal method and systematic analysis of theoretical works studied in this work. Results the emerging trends in the enforcement proceedings reform in the country cannot be considered to be satisfactory in general although some initiatives seem quite appropriate in case of the proper performance. If you the situation cannot be rectified with the execution of judicial decrees basing on own experience only it is necessary to pay attention to foreign practices and to provide citizens with the right to an effective judicial protection. Of all approaches to reforming of the enforcement institution analyzed in the article the preferred for the Russian legal reality is modernization of the existing nonjudicial system of enforcement through civil procedural means. Scientific novelty at present neither the civil procedure nor the general theory of law has not developed a unified understanding of the civil procedural tools for improving the efficiency of enforcement proceedings. Practical value the main provisions and conclusions of the article can be used in research and teaching when viewing the issues of the effectiveness of enforcement proceedings. nbsp

  20. Historical context of the Albanian Constitutional Court

    Directory of Open Access Journals (Sweden)

    Ravesa Nano

    2016-11-01

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

  1. Mammography. Advanced, intensive course and atlas. Senology, screening, radiographic morphology, differential diagnosis, unusual findings, false treatment as a case in court

    International Nuclear Information System (INIS)

    Barth, V.

    1994-01-01

    Differential diagnosis is the focal point of this richly illustrated atlas intended for experienced mammographers. Mammographs of different histology but with similar features are presented side by side for easy comparison; pinpointed questions accompanying the pictures are guiding the reader to systematically develop the differential dioagnosis, with correct answers being given on the next pages together with characteristic and typical pictures explaining the correct and false diagnoses, including clinical photographs and sonographic images. Unusual mammographic findings are discussed in a separate chapter, and other chapters deal with the history of senology and with problems encountered in examinations for early diagnosis, as reported in the German Mammography Study and in international screening projects. The concluding chapter deals with legal aspects such as liability of the physician in case of missed detection of tumors, explaining the most frequent causes of false diagnosis as a guide to preventing errors, and giving practical hints and information for the event of damages being claimed from a physician. (orig.) [de

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2000-12-01

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

  3. 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

  4. California drug courts: outcomes, costs and promising practices: an overview of Phase II in a statewide study.

    Science.gov (United States)

    Carey, Shannon M; Finigan, Michael; Crumpton, Dave; Waller, Mark

    2006-11-01

    The rapid expansion of drug courts in California and the state's uncertain fiscal climate highlighted the need for definitive cost information on drug court programs. This study focused on creating a research design that can be utilized for statewide and national cost-assessment of drug courts by conducting in-depth case studies of the costs and benefits in nine adult drug courts in California. A Transactional Institutional Costs Analysis (TICA) approach was used, allowing researchers to calculate costs based on every individual's transactions within the drug court or the traditional criminal justice system. This methodology also allows the calculation of costs and benefits by agency (e.g., Public Defender's office, court, District Attorney). Results in the nine sites showed that the majority of agencies save money in processing an offender though drug court. Overall, for these nine study sites, participation in drug court saved the state over 9 million dollars in criminal justice and treatment costs due to lower recidivism in drug court participants. Based on the lessons learned in Phases I and II, Phase III of this study focuses on the creation of a web-based drug court cost self-evaluation tool (DC-CSET) that drug courts can use to determine their own costs and benefits.

  5. Culturally Relevant Human Subjects Protection Training: A Case Study in Community-Engaged Research in the United States.

    Science.gov (United States)

    Kue, Jennifer; Szalacha, Laura A; Happ, Mary Beth; Crisp, Abigail L; Menon, Usha

    2018-02-01

    Non-academic members of research teams, such as community members, can perceive traditional human subjects protection training as lacking in cultural relevance. We present a case exemplar of the development of a human subjects protection training for research staff with limited English proficiency and/or no or limited research experience. Seven modules were adapted for language, cultural examples, etc., from the standard Collaborative Institutional Training Initiative (CITI) human subjects protection training. Non-academic research staff completed a day-long training in human subjects protection (six modules) and our research protocol (one module). We assessed comprehension of content with PowerPoint slides and module quizzes. All participants successfully passed each module quiz with ≥ 80% correct. Questions answered incorrectly were discussed before proceeding to the next module. To meet the increasing demand for collaborative community-engaged research with underserved minority populations, human subjects protection training protocols can be adapted successfully to reflect real-world situations and provide culturally relevant materials to help non-academic research staff better understand the importance and necessity of research ethics.

  6. 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....

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

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2010-01-01

    The year 2009 was a milestone for the European Court of Human Rights ("ECtHR" or "the Court") in at least two ways. On the bright side, the Court can celebrate its 50th anniversary and its continuous role as principal promoter of human rights in the now 47 Member States of the Council of Europe...... ("CoE" or "the Council"). However, 2009 was also the year in which the number of pending cases before the Court passed the disturbing 100,000 benchmark. Paradoxically, the main reason for both the Court's success and its current crisis is the right of petition of individuals. The present article...... contains a detailed inquiry into the coming into existence of this central feature of the control machinery of European Convention for the Protection of Human Rights and Fundamental Freedoms ("ECHR" or "the Convention") that was labelled a breakthrough in the field of human rights as well as in general...

  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. The physician expert witness and the U.S. Supreme court--an epidemiologic approach.

    Science.gov (United States)

    Norton, Martin L

    2002-01-01

    It is a fact of life that the physician is occasionally called upon to provide Expert Witness evidence. This is clearly distinct from evidence of a participatory nature where the physician is a party to the act by virtue of the doctor-patient relationship. The purpose of this presentation is to alert the physician to new criteria, imposed by the court, for acceptance of Expert Testimony. Prior to March 23, 1999, expert witness testimony fell into three categories, Scientific, technical, and other specialized knowledge. Scientific knowledge included the conclusions that could be subjected to analysis of a statistical nature, or could be validated by methodology such as epidemiologic criteria. Technical knowledge was based on factors such as mechanical or stress analysis utilized in engineering. Other "specialized knowledge" could be based on experiential data and information not necessarily subject to epidemiologic or other scientific analysis. Therefore, the physician presented his reasoning often based on years of professional practice and publication in journals of clinical practice. On March 23rd 1999, the Supreme Court of the United States changed the criteria for all categories stating that there is "no relevant distinction between 'scientific' knowledge' and 'technical' or 'other specialized knowledge' in Federal Rule of Evidence 702. This momentous decision [Kumho Tire Co. v. Carmichael, (97-1709), 131 F.3d 1433) reversed.] referred back to a previous case [Daubert v. Merrell Dow Pharmaceuticals Inc., 509 US. 579,589], which established four criteria based on methods of analysis for t he courts, and was now extended for all expert evidence. Thus the area of expert witness evidence was changed by this momentous act placing the judge as arbiter of all expert evidence, including that of the physician. This paper will offer a brief review and an analysis of the significance of this for the professional involved in the legal system as an expert witness.

  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. 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.

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

    OpenAIRE

    Finnegan, David Louis

    2004-01-01

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

  13. 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.

  14. 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.

  15. 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…

  16. Systematic literature review of integrated community case management and the private sector in Africa: Relevant experiences and potential next steps.

    Science.gov (United States)

    Awor, Phyllis; Miller, Jane; Peterson, Stefan

    2014-12-01

    Despite substantial investments made over the past 40 years in low income countries, governments cannot be viewed as the principal health care provider in many countries. Evidence on the role of the private sector in the delivery of health services is becoming increasingly available. In this study, we set out to determine the extent to which the private sector has been utilized in providing integrated care for sick children under 5 years of age with community-acquired malaria, pneumonia or diarrhoea. We reviewed the published literature for integrated community case management (iCCM) related experiences within both the public and private sector. We searched PubMed and Google/Google Scholar for all relevant literature until July 2014. The search terms used were "malaria", "pneumonia", "diarrhoea", "private sector" and "community case management". A total of 383 articles referred to malaria, pneumonia or diarrhoea in the private sector. The large majority of these studies (290) were only malaria related. Most of the iCCM-related studies evaluated introduction of only malaria drugs and/or diagnostics into the private sector. Only one study evaluated the introduction of drugs and diagnostics for malaria, pneumonia and diarrhoea in the private sector. In contrast, most iCCM-related studies in the public sector directly reported on community case management of 2 or more of the illnesses. While the private sector is an important source of care for children in low income countries, little has been done to harness the potential of this sector in improving access to care for non-malaria-associated fever in children within the community. It would be logical for iCCM programs to expand their activities to include the private sector to achieve higher population coverage. An implementation research agenda for private sector integrated care of febrile childhood illness needs to be developed and implemented in conjunction with private sector intervention programs.

  17. 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.

  18. 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.

  19. 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...

  20. Adaptive Interventions in Drug Court: A Pilot Experiment

    Science.gov (United States)

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

    2009-01-01

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

  1. 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.)

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

    Directory of Open Access Journals (Sweden)

    Kreća Milenko

    2015-01-01

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

  3. 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

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

    Directory of Open Access Journals (Sweden)

    Patrick Pognant

    2011-03-01

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

  5. Relevance of control theory to design and maintenance problems in time-variant reliability: The case of stochastic viability

    International Nuclear Information System (INIS)

    Rougé, Charles; Mathias, Jean-Denis; Deffuant, Guillaume

    2014-01-01

    The goal of this paper is twofold: (1) to show that time-variant reliability and a branch of control theory called stochastic viability address similar problems with different points of view, and (2) to demonstrate the relevance of concepts and methods from stochastic viability in reliability problems. On the one hand, reliability aims at evaluating the probability of failure of a system subjected to uncertainty and stochasticity. On the other hand, viability aims at maintaining a controlled dynamical system within a survival set. When the dynamical system is stochastic, this work shows that a viability problem belongs to a specific class of design and maintenance problems in time-variant reliability. Dynamic programming, which is used for solving Markovian stochastic viability problems, then yields the set of design states for which there exists a maintenance strategy which guarantees reliability with a confidence level β for a given period of time T. Besides, it leads to a straightforward computation of the date of the first outcrossing, informing on when the system is most likely to fail. We illustrate this approach with a simple example of population dynamics, including a case where load increases with time. - Highlights: • Time-variant reliability tools cannot devise complex maintenance strategies. • Stochastic viability is a control theory that computes a probability of failure. • Some design and maintenance problems are stochastic viability problems. • Used in viability, dynamic programming can find reliable maintenance actions. • Confronting reliability and control theories such as viability is promising

  6. 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...

  7. 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…

  8. 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 ...

  9. 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)

  10. 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...

  11. 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

  12. [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.

  13. 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.

  14. 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

  15. 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.

  16. The German Federal Constitutional Court's Ruling on Outright Monetary Transactions (OMT) - Another Step Towards National Closure?

    OpenAIRE

    Schiek, Dagmar

    2014-01-01

    The German Federal Constitutional Court (FCC) ruling of 14 January 2014 deserves a thorough evaluation on several accounts: It is the first ever reference by the FCC to the Court of Justice of the European Union (CJEU), it represents a continuation of FCC case law aimed at restricting the impact of European Union law as interpreted by the Court of Justices of the European Union (CJEU) on German law as well as questioning Germany’s participation in an ever closer European Union, and it has the...

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

    DEFF Research Database (Denmark)

    Brincker, Rune; Andersen, Palle

    2000-01-01

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

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

    DEFF Research Database (Denmark)

    Brincker, Rune; Andersen, Palle

    2000-01-01

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

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

    Science.gov (United States)

    Brena, Ingrid

    2013-01-01

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

  20. 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.

  1. Jewish History Engagement in an Online Simulation: Golda and Coco, Leah and Lou at the Jewish Court of All Time

    Science.gov (United States)

    Katz, Meredith L.; Kress, Jeffrey S.

    2018-01-01

    This study investigates the Jewish history engagement for middle school students "playing" in the Jewish Court of All Time (JCAT), an online simulation of a current events court case with historical roots (http://jcat.icsmich.org). Through an online platform across several schools, students research and play historical and current…

  2. The Court's Position on Cross-Border Losses: A Quest for the Well-Being of EU Citizens?

    NARCIS (Netherlands)

    Monteiro, R.; Kiers, M.

    2013-01-01

    On 6 September 2012, a new chapter was added to the cross-border loss relief litigation saga with the European Court of Justice's (the Court) ruling in Philips Electronics. This case concerned the compatibility of the British group relief regime with the freedom of establishment. Under this regime,

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

    NARCIS (Netherlands)

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

    2017-01-01

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

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

    Science.gov (United States)

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

    2002-01-01

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

  5. 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...

  6. 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...

  7. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

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

  8. Passive seismic monitoring of natural and induced earthquakes: case studies, future directions and socio-economic relevance

    Science.gov (United States)

    Bohnhoff, Marco; Dresen, Georg; Ellsworth, William L.; Ito, Hisao; Cloetingh, Sierd; Negendank, Jörg

    2010-01-01

    An important discovery in crustal mechanics has been that the Earth’s crust is commonly stressed close to failure, even in tectonically quiet areas. As a result, small natural or man-made perturbations to the local stress field may trigger earthquakes. To understand these processes, Passive Seismic Monitoring (PSM) with seismometer arrays is a widely used technique that has been successfully applied to study seismicity at different magnitude levels ranging from acoustic emissions generated in the laboratory under controlled conditions, to seismicity induced by hydraulic stimulations in geological reservoirs, and up to great earthquakes occurring along plate boundaries. In all these environments the appropriate deployment of seismic sensors, i.e., directly on the rock sample, at the earth’s surface or in boreholes close to the seismic sources allows for the detection and location of brittle failure processes at sufficiently low magnitude-detection threshold and with adequate spatial resolution for further analysis. One principal aim is to develop an improved understanding of the physical processes occurring at the seismic source and their relationship to the host geologic environment. In this paper we review selected case studies and future directions of PSM efforts across a wide range of scales and environments. These include induced failure within small rock samples, hydrocarbon reservoirs, and natural seismicity at convergent and transform plate boundaries. Each example represents a milestone with regard to bridging the gap between laboratory-scale experiments under controlled boundary conditions and large-scale field studies. The common motivation for all studies is to refine the understanding of how earthquakes nucleate, how they proceed and how they interact in space and time. This is of special relevance at the larger end of the magnitude scale, i.e., for large devastating earthquakes due to their severe socio-economic impact.

  9. PTSD as a criminal defense: a review of case law.

    Science.gov (United States)

    Berger, Omri; McNiel, Dale E; Binder, Renée L

    2012-01-01

    Posttraumatic stress disorder (PTSD) has been offered as a basis for criminal defenses, including insanity, unconsciousness, self-defense, diminished capacity, and sentencing mitigation. Examination of case law (e.g., appellate decisions) involving PTSD reveals that when offered as a criminal defense, PTSD has received mixed treatment in the judicial system. Courts have often recognized testimony about PTSD as scientifically reliable. In addition, PTSD has been recognized by appellate courts in U.S. jurisdictions as a valid basis for insanity, unconsciousness, and self-defense. However, the courts have not always found the presentation of PTSD testimony to be relevant, admissible, or compelling in such cases, particularly when expert testimony failed to show how PTSD met the standard for the given defense. In cases that did not meet the standard for one of the complete defenses, PTSD has been presented as a partial defense or mitigating circumstance, again with mixed success.

  10. COURT REPORTERS’ UNDERSTANDING ON THE CODE OF ETHICS IN NEWS REPORTING

    OpenAIRE

    Siti Zobidah OMAR; Mageswari MUSALAYAH; Amini Amir ABDULLAH; Ezhar TAMAM

    2012-01-01

    Journalism, as any professional field, is trusted to be guided by code of ethics (COE). In Malaysia, journalists have their own Canons of Journalism. The aim of this study is to determine the reporters’ understanding on the practice of code of ethics in reporting news. Using a case study approach, the research was conducted at the Kuala Lumpur court complex. Qualitative method was employed to obtain the data. Fifteen court reporters from the English and Malay newspaper’s media organizations w...

  11. Dignity and the death penalty in the United States Supreme Court

    OpenAIRE

    Malkani, Bharat

    2016-01-01

    The US Supreme Court has repeatedly invoked the idea of dignity in its Eighth Amendment jurisprudence, particularly in cases involving capital punishment. However, it has never articulated a clear and consistent conception of dignity. The first half of this paper examines the Court's inconsistent use, and highlights how various justices have used different conceptions of human dignity, communitarian dignity, and institutional dignity to uphold the constitutionality of capital punishment. This...

  12. An Experimental Trial of Adaptive Programming in Drug Court: Outcomes at 6, 12 and 18 Months.

    Science.gov (United States)

    Marlowe, Douglas B; Festinger, David S; Dugosh, Karen L; Benasutti, Kathleen M; Fox, Gloria; Harron, Ashley

    2014-06-01

    Test whether an adaptive program improves outcomes in drug court by adjusting the schedule of court hearings and clinical case-management sessions pursuant to a priori performance criteria. Consenting participants in a misdemeanor drug court were randomly assigned to the adaptive program (n = 62) or to a baseline-matching condition (n = 63) in which they attended court hearings based on the results of a criminal risk assessment. Outcome measures were re-arrest rates at 18 months post-entry to the drug court and urine drug test results and structured interview results at 6 and 12 months post-entry. Although previously published analyses revealed significantly fewer positive drug tests for participants in the adaptive condition during the first 18 weeks of drug court, current analyses indicate the effects converged during the ensuing year. Between-group differences in new arrest rates, urine drug test results and self-reported psychosocial problems were small and non-statistically significant at 6, 12 and 18 months post-entry. A non-significant trend (p = .10) suggests there may have been a small residual impact (Cramer's ν = .15) on new misdemeanor arrests after 18 months. Adaptive programming shows promise for enhancing short-term outcomes in drug courts; however, additional efforts are needed to extend the effects beyond the first 4 to 6 months of enrollment.

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

    Directory of Open Access Journals (Sweden)

    Radivojević Zoran

    2016-01-01

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

  14. 論健康保險之保前疾病、追溯保險與被保險人之善意 ― 相關實務見解綜合評析 Pre-existing Conditions in Health Insurance, Retrospective Insurance and Good Faith – Comments on Relevant Court Rulings

    Directory of Open Access Journals (Sweden)

    葉啟洲 Chi-Chou Yeh

    2009-12-01

    Full Text Available 依照保險法第127條,健康保人對於被保險人在訂約時已經存在的疾病不負保險責任。所以如果被保險人帶病投保,保險人通常拒絕給付保險金。不過,許多法院判決表示,如果訂約時該疾病無外觀上可見之症狀,而被保險人並不知道自己罹患疾病者,保險人不得免責。依照判決內容及文獻說明來看,此項見解似乎是以同法第51條第1項(追溯保險)為推論依據。但在我國法上,疾病即為健康保險的保險事故,對於訂約前已經發生的保險事故,如果契約雙方當事人並未約定將承保期刊提前,似乎不能以追溯保險之原則使保險人對該項疾病負責,以追溯保險的要件來限制保險法第127條之適用,似與該條的規範目的不符,亦有違反保險法契約對價平衡原則之虞,並不妥當。 According to Article 127 of Insurance Act, the provider of health insurance is not liable for any illness that existed before the contract is formed (pre-existing conditions, Hence, in a majority of cases, the insurers would deny the insured benefit payments based on Articles 127 or similar terms in the insurance contracts. However, a number of courts have rules that, if the insured is unaware of such pre-existing conditions because the illness has no symptoms that can be observed based on appearances, then the insurer is still liable. The basis of this judgment seemingly rests on the retrospective insurance provision in Article 51(a of Insurance Act. Nevertheless, illness itself is an insured risk under health insurance, so without the insurer’s prior and explicit consent to extend coverage period retrospectively, it seems to be unfounded to hold the insurer liable for pre-existing conditions based on the retrospective insurance doctrine. To restrict the application of Article 127 with the retrospective insurance doctrine contradicts the intention of the legislature and

  15. 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...

  16. Case law and administrative decisions

    International Nuclear Information System (INIS)

    Anon.

    2004-01-01

    Two points are related in case law: the judgement of the appeal court of Limoges regarding the dumping of radioactive waste by Cogema, and the judgement of the slovak constitutional court on Greenpeace claim. (N.C.)

  17. Opteren voor de Netherlands Commercial Court

    OpenAIRE

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

    2017-01-01

    Internationale contracten leiden tot internationale handelsgeschillen. Deze kunnen onder meer worden beslecht bij een commercial court. In Nederland wordt momenteel een Netherlands Commercial Court (NCC) opgericht. Dit introduceert een keuze voor (contracts)partijen voor een nieuw forum voor beslechting van internationale handelsgeschillen in de Engelse taal, waarbij de belangen van snelheid, efficiëntie en goede financierbaarheid centraal staan. Dit artikel verkent de positieve aspecten van ...

  18. 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.

  19. 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

  20. 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...

  1. 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.)

  2. Legal and Psychological Perspectives on Children's Competence to Testify in Court

    Science.gov (United States)

    Klemfuss, J. Zoe; Ceci, Stephen J.

    2012-01-01

    Young children are often called as witnesses to crimes they were victims of or observed. Because of their immaturity, child witnesses are sometimes more heavily scrutinized than adult witnesses before being allowed to testify in court, for example, through competency screening. This review discusses the psychology and US law relevant to decisions…

  3. Hydrology and Ecology Go to Court

    Science.gov (United States)

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

    2009-04-01

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

  4. WHEN RELEVANCE DECENTERS CRITICALITY: THE CASE OF THE SOUTH AFRICAN NATIONAL CRIME, VIOLENCE AND INJURY LEAD PROGRAMME

    Directory of Open Access Journals (Sweden)

    Mohamed Seedat

    2010-11-01

    Full Text Available Following the formal demise of political apartheid in SouthAfrica in 1994, critical and community-centred psychologistshave tended to obtain relevance through alignment with thetenets of social justice and the larger democratic project. Thisarticle draws on the experiences of the Crime, Violence andInjury Lead Programme (CVI to illustrate how particularformulations of scientific and social relevance function tomarginalize criticality and critical scholarship. The authorsuggests that relevance without criticality produces forms ofintellectual activity that privilege empiricist traditions, perpetrate a binary between research and research translation, andreproduce the myth that intervention work is atheoretical.The review of the CVI serves as a reminder of the challengesinherent in enactments of critical psychology. Among themany issues that critical psychology oriented initiatives likeCVI have to contend with is the task of developing theoreticaland other resources to move between co-operation and critiquein the service of democratic development.

  5. 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.

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

    Directory of Open Access Journals (Sweden)

    Siyambonga Heleba

    2012-12-01

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

  7. Circuit courts clash over HIV in the workplace.

    Science.gov (United States)

    1997-09-19

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

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

    Directory of Open Access Journals (Sweden)

    Andrea Fehér

    2015-12-01

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

  9. Clinical relevance of the gap between pre-marketing trials and medical practice : the case of the cardiovascular drugs

    NARCIS (Netherlands)

    Wieringa, N F; Denig, P; de Graeff, P A; Vos, R

    OBJECTIVES/BACKGROUND: The external validity of trial results of new cardiovascular drugs is limited, because the short-term studies are performed with relatively small, highly selected populations. Using qualitative methods, we examined the clinical relevance of under-representation of subgroups of

  10. 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.

  11. Judicial activism of the Court of Justice of the EU in the pluralist architecture of global law

    OpenAIRE

    Cebulak, Pola

    2014-01-01

    Judicial activism implies a hidden politicization of the Court. The legal arguments and the methods used by the Court of Justice of the European Union (CJEU) might seem coherent. However, an inquiry into judicial activism means looking beyond the legal reasoning of the Court and trying to “connect the dots” of an alternative narrative that can explain the Court’s long-term approach to certain issues. In the case of judicial activism of the CJEU in the case-law concerning public international ...

  12. 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.

  13. Suicide and psychiatrist's liability in Italian law cases.

    Science.gov (United States)

    Terranova, Claudio; Sartore, Daniela

    2013-03-01

    The aim of the study is to analyze the factors that are most frequently associated with a verdict of guilty delivered to the psychiatrist in cases of a patient's suicide in Italian law. Twenty-six sentences (1975-2009) were analyzed according to the claim of malpractice, patient characteristics, circumstances of the suicide, and reasons for the court's judgment. The court held the psychiatrist guilty in 12 cases, considering that the act of suicide was predictable and could have been avoided. Predictability was mainly related to errors in surveillance (7 cases), therapy (1 case), or both (2 cases). An error in diagnosis was considered to be related to the patient's death in two cases. Analysis of medical behavior considered to be erroneous and associated with a verdict of guilty provides an opportunity to discuss the topics relevant not only to practicing psychiatrists but also to experts assessing medical liability in cases of patient suicide. © 2012 American Academy of Forensic Sciences.

  14. 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.

  15. Constitutional relevance of atomic energy law

    International Nuclear Information System (INIS)

    Lettow, S.

    1980-01-01

    In a decision publicized on December 20, 1979 the German Federal Constitutional Court rejected a claim of unconstitutionality in connection with the licensing procedure of the Muelheim-Kaerlich Nuclear Power Station currently under construction. This constitutes confirmation, by the 1st Department of the Court, of a decision in 1978 by the 2nd Department about the Kalkar fast breeder power plant, in which the peaceful utilization of nuclear energy had been found to be constitutional. However, the new decision by the Federal Constitutional Court particularly emphasizes the constitutional relevance of the rules of procedure under the Atomic Energy Act and their function with respect to the protection of civil rights. (orig.) [de

  16. Value relevance and reliability of goodwill and intangibles on financial statements: the case of Istanbul Stock Exchange

    OpenAIRE

    Gümrah, Ümit; Adiloğlu, Burcu

    2012-01-01

    Failure in reflecting the impact of intangibles on financial statements on the current and future market value of the company leads an investor that financial statements are insufficient to present an unbiased (true and fair) view of the firm's financial position. In that context the aim of this study is to examine financial reporting reliability of goodwill and intangibles and value relevance of financial reports. To observe the effects of accounting variables on market value of equity ...

  17. 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

  18. 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.

  19. Rethinking Partnerships with the Aim of Producing Knowledge with Practical Relevance: a Case Study in the Field of Ecological Restoration

    Directory of Open Access Journals (Sweden)

    Héloïse Gonzalo-Turpin

    2008-12-01

    Full Text Available Researchers in conservation biology and restoration ecology often work in partnership with local actors to increase the practical relevance of the knowledge they produce. Although an academic mode of knowledge production is essential in research for a better understanding of biological systems, it often fails to produce frameworks and methodologies having practical relevance that can be used in conservation and restoration programs. The involvement of researchers in collective plans of action is supposed to contribute to the production of a more contextualized form of knowledge. In this paper, we report our experience of partnership research in an ecological restoration project. We show that changing our mode of knowledge production to one that produces knowledge having more practical relevance requires a particular spectrum of partners and reflexive communication between all the partners. We advocate the need for participatory approaches that favor collective and reflexive processes of problem finding and problem solving in conservation and restoration projects. Putting such processes into practice is not only a challenge for researchers but also for their partners, and presupposes a profound transformation of their roles.

  20. Nanoparticle dispersion in environmentally relevant culture media: a TiO2 case study and considerations for a general approach

    International Nuclear Information System (INIS)

    Horst, Allison M.; Ji, Zhaoxia; Holden, Patricia A.

    2012-01-01

    Nanoparticle exposure in toxicity studies requires that nanoparticles are bioavailable by remaining highly dispersed in culture media. However, reported dispersion approaches are variable, mostly study-specific, and not transferable owing to their empirical basis. Furthermore, many published approaches employ proteinaceous dispersants in rich laboratory media, both of which represent end members in environmental scenarios. Here, a systematic approach was developed to disperse initially agglomerated TiO 2 nanoparticles (Aeroxide® TiO 2 P25, Evonik, NJ; primary particle size range 6.4–73.8 nm) in oligotrophic culture medium for environmentally relevant bacterial toxicity studies. Based on understanding particle–particle interactions in aqueous media and maintaining environmental relevance, the approach involves (1) quantifying the relationship between pH and zeta potential to determine the point of zero charge of select nanoparticles in water; (2) nominating, then testing and selecting, environmentally relevant stabilizing agents; and (3) dispersing via “condition and capture” whereby stock dry powder nanoparticles are sonicated in pre-conditioned (with base, or acid, plus stabilizing agent) water, then diluted into culture media. The “condition and capture” principle is transferable to other nanoparticle and media chemistries: simultaneously, mechanically and electrostatically, nanoparticles can be dispersed with surrounding stabilizers that coat and sterically hinder reagglomeration in the culture medium.

  1. Improving graduation rates for African Americans in drug court: Importance of human relationships and barriers to gaining and sustaining employment.

    Science.gov (United States)

    Gallagher, John Robert; Nordberg, Anne; Dibley, Alyssa R

    2017-11-16

    Drug courts have been an important part of the criminal justice system since 1989. They continue to expand throughout the United States because nearly three decades of research has shown that they are more effective than other interventions, such as traditional probation. There is a pattern, though, in some drug courts where African Americans are less likely to graduate than their Caucasian counterparts. This qualitative study explores this phenomenon by asking African American participants (n = 31) their views on the most helpful aspects of drug court and how drug court could be more helpful in supporting them in graduating the program. Participants felt that the respect and compassion they received from the drug court judge and their case managers, as well as the camaraderie they developed with other participants, was an aspect of drug court that supported them in graduating the program. Next, participants felt that graduation rates would improve if drug court better supported them in gaining employment or sustaining the employment they already had. Implications for drug court practice are discussed.

  2. 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

  3. 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.

  4. 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

  5. A reach of the principle of entry and the principle of reliability in the real estate cadastre in our court practice

    OpenAIRE

    Cvetić Radenka M.

    2015-01-01

    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 inten...

  6. Americans with Disabilities Act and the Supreme Court: Implications for Practice.

    Science.gov (United States)

    Katsiyannis, Antonis; Yell, Mitchell L.

    2002-01-01

    This article first reviews the primary requirements of the Americans with Disabilities Act (ADA), then examines four recent U.S. Supreme Court cases that helped clarify who is entitled to its protection. The cases are Murphy vs. United Parcel Services, Inc.; Albertsons, Inc. vs. Kirkingburg (1999); Olmstead, Georgia Department of Human Resources…

  7. Bifurcation of Mobility, Bifurcation of Law : Externalization of migration policy before the EU Court of Justice

    NARCIS (Netherlands)

    Spijkerboer, T.P.

    2017-01-01

    The externalization of European migration policy has resulted in a bifurcation of global human mobility, which is divided along a North/South axis. In two judgments, the EU Court of Justice was confronted with cases challenging the exclusion of Syrian refugees from Europe. These cases concern core

  8. From "Amistad" to "Brown": The March for Justice in the Courts.

    Science.gov (United States)

    Wilson, Margaret Bush; Gatewood, Diane Ridley

    1999-01-01

    Analyzes four significant court cases that span the rise of a body of jurisprudence in the United States known as civil rights law. Describes each of these cases in detail showing the profound impact they have had on the rights of all citizens and, in particular, African Americans. (CMK)

  9. Do Courts Consider the Degree of Discipline When Adjudicating Off-Campus Student Speech?

    Science.gov (United States)

    Dagley, Amy L.; Weiler, Spencer C.

    2017-01-01

    The purpose of this legal analysis was to determine if there was evidence suggesting that courts, when ruling on off-campus student speech cases that result in on-campus discipline, take into consideration the degree of discipline imposed by school officials. The analysis consisted of reviewing the 34 adjudicated and published cases that…

  10. "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…

  11. Locally advanced (neglected) breast cancer: the reality? relevance of two cases and reflection how to optimise the multidisciplinary approach

    International Nuclear Information System (INIS)

    Monnier, L.; Even, C.; Kirova, Y.M.; Even, C.; Cottu, P.H.

    2009-01-01

    The standard treatment for breast cancer patients with untreated locally advanced breast cancer is neo-adjuvant chemotherapy or hormonal treatment. In some cases, this treatment is followed by surgery and/or radiotherapy when the multidisciplinary approach is present. In some cases of patients presenting metastatic diseases, the radiotherapy is forgotten or proposed late when the local disease is extremely advanced with symptoms and decreased quality of life. Two cases of extremely advanced non operable T4 stage breast cancer are reported and the importance of multidisciplinary approach is discussed. The place and the right time of radiotherapy in this multidisciplinary strategy is reported. (authors)

  12. 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

  13. 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.)

  14. 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.

  15. Label-free SERS detection of relevant bioanalytes on silver-coated carbon nanotubes: The case of cocaine

    Science.gov (United States)

    Sanles-Sobrido, Marcos; Rodríguez-Lorenzo, Laura; Lorenzo-Abalde, Silvia; González-Fernández, África; Correa-Duarte, Miguel A.; Alvarez-Puebla, Ramón A.; Liz-Marzán, Luis M.

    2009-09-01

    Surface-enhanced Raman scattering (SERS) spectroscopy can be used for the label-free determination and quantification of relevant small biometabolites that are hard to identify by conventional immunological methods, in the absence of labelling. In this work, detection is based on monitoring the vibrational changes occurring at a specific biointerface (a monoclonal antibody, mAb) supported on silver-coated carbon nanotubes (CNT@Ag). Engineered CNT@Ag play a key role, as they offer a stable substrate to support the biointerface, with a high density of hot spots. Proof of concept is demonstrated through the analysis and quantification of the main cocaine metabolite benzoylecgonine. These results open a new avenue toward the generation of portable sensors for fast ultradetection and quantification of relevant metabolites. The use of discrete particles (CNT@Ag@mAb) rather than rough films, or other conventional SERS supports, will also enable a safe remote interrogation of highly toxic sources in environmental problems or in biological fluids.Surface-enhanced Raman scattering (SERS) spectroscopy can be used for the label-free determination and quantification of relevant small biometabolites that are hard to identify by conventional immunological methods, in the absence of labelling. In this work, detection is based on monitoring the vibrational changes occurring at a specific biointerface (a monoclonal antibody, mAb) supported on silver-coated carbon nanotubes (CNT@Ag). Engineered CNT@Ag play a key role, as they offer a stable substrate to support the biointerface, with a high density of hot spots. Proof of concept is demonstrated through the analysis and quantification of the main cocaine metabolite benzoylecgonine. These results open a new avenue toward the generation of portable sensors for fast ultradetection and quantification of relevant metabolites. The use of discrete particles (CNT@Ag@mAb) rather than rough films, or other conventional SERS supports, will also

  16. When the Periphery Becomes the Center. Forensic Anthropology in Argentina, a Case of Socially Relevant Scientific Knowledge Production

    Directory of Open Access Journals (Sweden)

    Luciano G. Levin

    2015-12-01

    Full Text Available Forensic anthropology has had extraordinary scientific success in Argentina. On the one hand, this discipline has developed very well in only 25 years generating scientifically relevant knowledge both locally and internationally. On the other hand, and unlike a large part of scientific knowledge generated in peripheral contexts, it has major social applications. This work describes the different dimensions of the origin and development of this discipline in Argentina, the cognitive condition of the field in 1983 and, briefly, its development until today, its institutional dimension, the existence of other research traditions and certain social dimensions which, we believe, are the basis for the success of this scientific discipline.

  17. Unwrapping Court-Connected Mediation Agreements

    DEFF Research Database (Denmark)

    Adrian, Lin; Mykland, Solfrid

    2018-01-01

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

  18. Psychiatric aspects of contempt of court among women.

    Science.gov (United States)

    d'Orbán, P T

    1985-08-01

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

  19. Estimating alcohol content of traditional brew in Western Kenya using culturally relevant methods: the case for cost over volume.

    Science.gov (United States)

    Papas, Rebecca K; Sidle, John E; Wamalwa, Emmanuel S; Okumu, Thomas O; Bryant, Kendall L; Goulet, Joseph L; Maisto, Stephen A; Braithwaite, R Scott; Justice, Amy C

    2010-08-01

    Traditional homemade brew is believed to represent the highest proportion of alcohol use in sub-Saharan Africa. In Eldoret, Kenya, two types of brew are common: chang'aa, spirits, and busaa, maize beer. Local residents refer to the amount of brew consumed by the amount of money spent, suggesting a culturally relevant estimation method. The purposes of this study were to analyze ethanol content of chang'aa and busaa; and to compare two methods of alcohol estimation: use by cost, and use by volume, the latter the current international standard. Laboratory results showed mean ethanol content was 34% (SD = 14%) for chang'aa and 4% (SD = 1%) for busaa. Standard drink unit equivalents for chang'aa and busaa, respectively, were 2 and 1.3 (US) and 3.5 and 2.3 (Great Britain). Using a computational approach, both methods demonstrated comparable results. We conclude that cost estimation of alcohol content is more culturally relevant and does not differ in accuracy from the international standard.

  20. 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.

  1. Psychology and psychiatry in Singapore courts: A baseline survey of the mental health landscape in the legal arena.

    Science.gov (United States)

    Gwee, Kenji

    Despite the increasing prevalence and involvement of mental health professionals in local courts, there has been no systematic study of the role played by these expert witnesses in Singapore courtrooms. An empirical study of all existing recorded cases on Lawnet (Singapore's legal database of all court trial cases) from 1975-2014 involving psychologists and psychiatrists was conducted. Results revealed that, not only were these mental health experts increasingly dotting the landscape of the legal arena, the variety of their contributions has also been gradually growing. Furthermore, there were marked differences across criminal, civil and custody cases with regards to the issues of how these experts were consulted and how their inputs utilized and appreciated by judges. Differences between psychology and psychiatry were also apparent. A future with more assistance rendered by these professions to courts, as well as greater synergy between law and mental health, was predicted for Singapore courts. Copyright © 2017 Elsevier Ltd. All rights reserved.

  2. 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.

  3. 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

  4. No Statecraft, Questionable Jurisprudence: How the Supreme Court Tried to Kill Senate Reform

    Directory of Open Access Journals (Sweden)

    F.L. Ted Morton

    2015-04-01

    Full Text Available In the Senate Reform Reference of 2014, the Supreme Court of Canada declared the Harper government’s proposed reforms to the Canadian Senate unconstitutional. The court ruled that the Federal Government could not legislate non-binding, consultative elections for selecting senators, nor legislate term limits for senators without the consent of at least seven of the 10 provinces. It also ruled that abolishing the Senate would require the unanimous consent of all 10 provinces. The court’s ruling is widely understood to have put an end to the Senate reform movement of the past three decades and to have constitutionally entrenched the Senate status quo. My analysis criticizes the court for failing to play a constructive role in facilitating the political reform of an institution that has ceased to serve any useful political purpose (other than patronage and for unnecessarily condemning Canadians to endure this dysfunctional second chamber for at least another generation. In earlier analogous cases of political deadlock and constitutional ambiguity— the Patriation Reference of 1981 and the Quebec Secession Reference of 1997—the court exercised “bold statecraft [if] questionable jurisprudence” to craft compromise rulings that facilitated subsequent resolutions by elected governments. But not in this case. The court could have easily reached a more constructive conclusion following its own “living tree” approach to constitutional interpretation. The court ignored its own “foundational constitutional principles” of democracy and federalism—values that would be enhanced by provincial Senate elections. Indeed, the court has now given greater constitutional support for secession referendums in Quebec than it has for democratically elected senators. I suggest that there is still an exit strategy for the Harper government out of this judicially created dead end: simply turn the appointment of future senators over to provincial premiers

  5. 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.)

  6. The Case for Using Personally Relevant and Emotionally Stimulating Gambling Messages as a Gambling Harm-Minimisation Strategy.

    Science.gov (United States)

    Harris, Andrew; Parke, Adrian; Griffiths, Mark D

    2018-01-01

    Emotions typically exert powerful, enduring, and often predictable influences over decision-making. However, emotion-based decision-making is seen as a mediator of impulsive and reckless gambling behaviour, where emotion may be seen as the antithesis of controlled and rational decision-making, a proposition supported by recent neuroimaging evidence. The present paper argues that the same emotional mechanisms can be used to influence a gambler to cease gambling, by focusing their emotional decision-making on positive external and personally relevant factors, such as familial impact or longer term financial factors. Emotionally stimulating messages may also have the advantage of capturing attention above and beyond traditionally responsible gambling messaging. This is important given the highly emotionally aroused states often experienced by both gamblers and problem gamblers, where attentional activation thresholds for external stimuli such as messages may be increased.

  7. The relevance of customer relationship management in the nigerian banking industry (A case study of intercontinental Bank Plc

    Directory of Open Access Journals (Sweden)

    Babatunde B. O.

    2010-12-01

    Full Text Available Customers relation management (CRM is an emerging customer innovation focused on growing customers profitably by knowing, caring and delivering value to the customers in a bid to enhance customer intimacy, increase quality service levels and enhance business penetration supported by technological capabilities.The objectives of the study is to find out the relevance of CRM in the industry and the extent of the concepts adopted. Also to determine the extent to which the CRM concept assist to build up competitive advantage overtime. In order to ascertain the fact in this research work secondary data were collected and regression model technique were adopted to analyze result both in quantitatively and descriptively format. Also, the finding revealed that more resources should be invested in technology and personnel training in order to get the best out of the customer relationship management (CRM. Recommendation were equally offered for banks aiming towards crafting a niche for themselves in the turbulent industry.

  8. 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 ...

  9. Case Studies of Leading Edge Small Urban High Schools. Relevance Strategic Designs: 5. Life Academy of Health and Bioscience

    Science.gov (United States)

    Shields, Regis Anne; Ireland, Nicole; City, Elizabeth; Derderian, Julie; Miles, Karen Hawley

    2008-01-01

    This report is one of nine detailed case studies of small urban high schools that served as the foundation for the Education Resource Strategies (ERS) report "Strategic Designs: Lessons from Leading Edge Small Urban High Schools." These nine schools were dubbed "Leading Edge Schools" because they stand apart from other high…

  10. Case Studies of Leading Edge Small Urban High Schools. Relevance Strategic Designs: 8. High Tech High School

    Science.gov (United States)

    Shields, Regis Anne; Ireland, Nicole; City, Elizabeth; Derderian, Julie; Miles, Karen Hawley

    2008-01-01

    This report is one of nine detailed case studies of small urban high schools that served as the foundation for the Education Resource Strategies (ERS) report "Strategic Designs: Lessons from Leading Edge Small Urban High Schools." These nine schools were dubbed "Leading Edge Schools" because they stand apart from other high…

  11. Case Studies of Leading Edge Small Urban High Schools. Relevance Strategic Designs: 7. TechBoston Academy

    Science.gov (United States)

    Shields, Regis Anne; Ireland, Nicole; City, Elizabeth; Derderian, Julie; Miles, Karen Hawley

    2008-01-01

    This report is one of nine detailed case studies of small urban high schools that served as the foundation for the Education Resource Strategies (ERS) report "Strategic Designs: Lessons from Leading Edge Small Urban High Schools." These nine schools were dubbed "Leading Edge Schools" because they stand apart from other high…

  12. The Relevance of History of Biology to Teaching and Learning in the Life Sciences: The Case of Mendel's Laws

    Science.gov (United States)

    Dagher, Zoubeida R.

    2014-01-01

    Using Mendel's laws as a case in point, the purpose of this paper is to bring historical and philosophical perspectives together to help students understand science as a human endeavor. Three questions as addressed: (1) how did the Mendelian scheme, principles, or facts become labeled as laws, (2) to what extent do Mendel's laws exhibit…

  13. Are Apprenticeships Still Relevant in the 21st Century? A Case Study of Changing Youth Training Arrangements in German Banks.

    Science.gov (United States)

    Finegold, David; Wagner, Karin

    2002-01-01

    A case study of German banking apprentices found that, if employers are entirely motivated by the logic of consequences (recruitment cost savings, workplace flexibility), the system might be undermined by head hunting for apprentices trained by others. The logic of appropriateness fosters trust among employers and creates mechanisms to keep the…

  14. 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

  15. Data Envelopment Analysis as an Instrument for Measuring the Efficiency of Courts

    Directory of Open Access Journals (Sweden)

    Wojciech Major

    2015-01-01

    Full Text Available The paper addresses the problem of measuring the efficiency of civil jurisdiction courts. Non-parametric data envelopment analysis (DEA has been proposed as a measurement instrument. Hearing (settling a case within a reasonable time, as seen from the perspective of a citizen, is defined to be a positive output (result of a court action. The production factors considered include human resources directly related to legal processes. The analysis was carried out for the 26 Cracow district courts. The goal has been assumed to be achieving the best possible outputs, without increasing resources. The results obtained prove that there exist reserves within these organizations that would allow them to shorten the queue of pending cases. The proposed method of measuring efficiency may constitute a starting point for further work on trying to create measurable standards of the functioning of the judiciary in Poland. (original abstract

  16. The Protection of Sports Trademarks in the Recent Case Law of the Court of Justice of the European Union = Ochrona sportowych znaków towarów w świetle najnowszego orzecznictwa TSUE

    Directory of Open Access Journals (Sweden)

    Paweł Szwajdler

    2016-03-01

    Nicolaus Copernicus University in Torun, Poland       Abstract               The main aim of this work is to give an answer to the question: are sports trademarks treated in EU in different way than other trademarks?  The author of this article was inspired by two recent judgements of EU Court of Justice. First of them is related to sports shoes and second one to football club crest. Above- mentioned judgement are interesting, because both of them concern marks, which are similar to registered trademarks. Therefore, it is able to show boundaries of the protection of sports trademarks.  This paper contains also overall considerations about trademarks, sports trademarks and their protection.   Abstrakt               Głównym celem niniejszego artykułu jest udzielenie odpowiedzi na pytanie, czy sportowe znaki towarowe podlegają w Unii Europejskiej szczególnej ochronie prawnej. Inspirację dla zarysowanych w zdaniu poprzednim rozważań stanowią dwa wyroki Trybunału Sprawiedliwości Unii Europejskiej. Pierwszy spośród nich dotyczy ochrony konturów herbu klubu piłkarskiego, natomiast drugi dotyka problemów związanych z charakterystycznym znakiem umieszczanym na produktach znanej marki butów sportowych. Omawiane w niniejszej pracy wyroki są wyjątkowo interesujące, ponieważ wiążą się z ochroną znaków li tylko przypominających zarejestrowane ZTUE. Artykuł zawiera również ogólne refleksje na temat znaków towarowych, sportowych znaków towarowych oraz przeciwdziałania ich naruszeniom.   Słowa kluczowe: sport, znak towarowy, TSUE, prawo własności intelektualnej, sportowy znak towarowy Key word: sport, trademark, sports trademark, EU Court of Justice, intellectual property rights

  17. Epistaxis as the First Manifestation of Silent Renal Cell Carcinoma: A Case Report with Relevant Literature Review

    International Nuclear Information System (INIS)

    Lee, Seung Min; Kim, You Me; Kim, Bong Man

    2016-01-01

    The paranasal sinuses are known to be a rare location for metastasis. Renal cell carcinoma (RCC) is the most frequent primary tumor to metastasize to the sinonasal region, followed by lung and breast cancer. In particular, clear cell type RCC, which represents approximately 85% of RCCs, is characterized by early metastasis, and it sometimes spreads to unusual sites (1, 2). Metastatic tumors in the paranasal sinuses are distributed in the maxillary, sphenoid, ethmoid, and frontal sinuses, in order of decreasing frequency. Symptoms are usually nonspecific, but epistaxis is the most common sign, due to the hypervascularity of the primary tumor. The prognosis is uncertain, but the 5-year survival rate fluctuates between 15% and 30%. The purpose of this case report is to document a rare case of silent RCC that first presented as epistaxis due to nasal cavity and ethmoid sinus metastasis

  18. Using an Ishikawa diagram as a tool to assist memory and retrieval of relevant medical cases from the medical literature

    OpenAIRE

    Wong, Kam Cheong

    2011-01-01

    Abstract Studying medical cases is an effective way to enhance clinical reasoning skills and reinforce clinical knowledge. An Ishikawa diagram, also known as a cause-and-effect diagram or fishbone diagram, is often used in quality management in manufacturing industries. In this report, an Ishikawa diagram is used to demonstrate how to relate potential causes of a major presenting problem in a clinical setting. This tool can be used by teams in problem-based learning or in self-directed learni...

  19. 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

  20. 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

  1. 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

  2. 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

  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. 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)

  5. 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…

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

    Directory of Open Access Journals (Sweden)

    О. П. Євсєєв

    2015-05-01

    Full Text Available Problem setting. It’s striking that even such seemingly distant from political speculations international jurisdictional authority, as the European Court of Human Rights has nolens volens to give not only a legal qualification of the alleged violations, but also a legal assessment of the historical facts presented by the parties or by the Court office. It is significant that this kind of assessment can cause violent reactions, sometimes even more bitter than that which concerns the violation. In the analysis of such cases, referred to as «sensitive», we see the purpose of this article. It should be emphasized that this topic has never been covered in the domestic legal literature. Recent research and publications analysis. It should be pointed out that these estimates are given by the High Court is not arbitrary, and in the context of another, much broader phenomenon, called «judicial activism». In relation to the activities of the European Court identified the phenomenon manifests itself in several forms. First, it can occur when the Court has several options for interpretation in the framework of its case-law, but it goes beyond that - and then his choice has legal effect, destroying the value of the previous precedents. Secondly, it is not always a clear position on procedural matters, as it was in the «Katyn case» (Janovec and others v. Russia. Then the Court was confronted with an event that took place not only before the ratification of the Convention by the Respondent state (1998, but even before it was born (1950, which was indicated in the dissent of the judge from Ukraine Yudkivska.  As a general rule, the Court would have had to reject filed a claim as not corresponding to the criteria ratione temporis, however, the proceedings were not only open, but also culminated in the decision of the full decision, according to which Russia pledged to pay significant compensation to the relatives of the victims. In many respects the

  7. 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.

  8. 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

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

    Science.gov (United States)

    Marceau, Emmanuelle

    2003-08-01

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

  10. 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)

  11. Identifying stakeholder-relevant climate change impacts: a case study in the Yakima River Basin, Washington, USA

    Science.gov (United States)

    Jenni, K.; Graves, D.; Hardiman, Jill M.; Hatten, James R.; Mastin, Mark C.; Mesa, Matthew G.; Montag, J.; Nieman, Timothy; Voss, Frank D.; Maule, Alec G.

    2014-01-01

    Designing climate-related research so that study results will be useful to natural resource managers is a unique challenge. While decision makers increasingly recognize the need to consider climate change in their resource management plans, and climate scientists recognize the importance of providing locally-relevant climate data and projections, there often remains a gap between management needs and the information that is available or is being collected. We used decision analysis concepts to bring decision-maker and stakeholder perspectives into the applied research planning process. In 2009 we initiated a series of studies on the impacts of climate change in the Yakima River Basin (YRB) with a four-day stakeholder workshop, bringing together managers, stakeholders, and scientists to develop an integrated conceptual model of climate change and climate change impacts in the YRB. The conceptual model development highlighted areas of uncertainty that limit the understanding of the potential impacts of climate change and decision alternatives by those who will be most directly affected by those changes, and pointed to areas where additional study and engagement of stakeholders would be beneficial. The workshop and resulting conceptual model highlighted the importance of numerous different outcomes to stakeholders in the basin, including social and economic outcomes that go beyond the physical and biological outcomes typically reported in climate impacts studies. Subsequent studies addressed several of those areas of uncertainty, including changes in water temperatures, habitat quality, and bioenergetics of salmonid populations.

  12. Integration of Geomatics Techniques for Digitizing Highly Relevant Geological and Cultural Heritage Sites: the Case of San Leo (italy)

    Science.gov (United States)

    Girelli, V. A.; Borgatti, L.; Dellapasqua, M.; Mandanici, E.; Spreafico, M. C.; Tini, M. A.; Bitelli, G.

    2017-08-01

    The research activities described in this contribution were carried out at San Leo (Italy). The town is located on the top of a quadrangular rock slab affected by a complex system of fractures and has a wealth of cultural heritage, as evidenced by the UNESCO's nomination. The management of this fragile set requires a comprehensive system of geometrical information to analyse and preserve all the geological and cultural features. In this perspective, the latest Geomatics techniques were used to perform some detailed surveys and to manage the great amount of acquired geometrical knowledge of both natural (the cliff) and historical heritage. All the data were also georeferenced in a unique reference system. In particular, high accurate terrestrial laser scanner surveys were performed for the whole cliff, in order to obtain a dense point cloud useful for a large number of geological studies, among others the analyses of the last rockslide by comparing pre- and post-event data. Moreover, the geometrical representation of the historical centre was performed using different approaches, in order to generate an accurate DTM and DSM of the site. For these purposes, a large scale numerical map was used, integrating the data with GNSS and laser surveys of the area. Finally, many surveys were performed with different approaches on some of the most relevant monuments of the town. In fact, these surveys were performed by terrestrial laser scanner, light structured scanner and photogrammetry, the last mainly applied with the Structure from Motion approach.

  13. 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...

  14. Level of occupational stress of court probation officers and style of coping with stress

    Directory of Open Access Journals (Sweden)

    Łukasz Wirkus

    2015-08-01

    law. Court probation officers suffering from high and low levels of occupational stress differ from one another in terms of the selection of the style concentrated on emotions, which is relevant to the style typical of individuals manifesting the propensity for concentrating on themselves and their own emotional experiences. The individuals manifesting a high level of felt occupational stress select the style described in this paper much more frequently than individuals suffering from a low level of stress.

  15. Creativity in Court-Connected Mediation: Myth or Reality?

    DEFF Research Database (Denmark)

    Adrian, Lin; Mykland, Solfrid

    2014-01-01

    In this study, we examined creativity in court-connected mediation. We analyzed 129 mediated agreements from civil cases in Norway and Denmark and compared the outcomes with the parties' original claims to determine whether the agreement addressed only the disputants' demands or contained other...... elements. If the mediated agreements contained elements in addition to the original claims, we considered them to be “creative.” We devised a creativity scale and found that approximately two thirds of the cases contained creative elements and one quarter of them contained more than five creative elements....... We then sought to determine which aspects of the mediation promoted creativity by looking at a variety of mediation characteristics (length of mediation, characteristics of the parties, etc.). We found that lengthier mediations tended to feature more creativity as did cases that involved two private...

  16. 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.

  17. 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.

  18. Complementing the surveillance law principles of the Court of Strasbourg with its environmental law principles. An integrated technology approach to a human rights framework for surveillance

    NARCIS (Netherlands)

    de Hert, P.J.A.; Galetta, Antonella

    2014-01-01

    If one looks at the case law of the European Court of Human Rights on surveillance matters, a well mature set of principles emerge, namely: legality, legitimacy, proportionality (the standard check) and, if the Court is "on it", also necessity and subsidiarity (the closer scrutiny check). We pass

  19. Between Community Law and Common Law: The Rise of the Caribbean Court of Justice at the Intersection of Regional Integration and Post-Colonial Legacies

    DEFF Research Database (Denmark)

    Caserta, Salvatore; Madsen, Mikael Rask

    2016-01-01

    The article focuses on the rise of the Caribbean Court of Justice (CCJ) post-colonial legacies. Topics discussed include Caribbean Community (CARICOM) which accepted the Court's jurisdiction to interpret and apply the Revised Treaty of Chaguaramas (RTC); empowerment of CCJ for hearing cases invol...... involving Caribbean Community law (Community law); and CCJ's unique double jurisdiction.....

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

    Science.gov (United States)

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

    2018-01-01

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

  1. Case law

    International Nuclear Information System (INIS)

    Anon.

    2007-01-01

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

  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. 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

  5. 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

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

    Science.gov (United States)

    1995-06-30

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

  7. Design and implementation of relational databases relevant to the diverse needs of a tuberculosis case contact study in the Gambia.

    Science.gov (United States)

    Jeffries, D J; Donkor, S; Brookes, R H; Fox, A; Hill, P C

    2004-09-01

    The data requirements of a large multidisciplinary tuberculosis case contact study are complex. We describe an ACCESS-based relational database system that meets our rigorous requirements for data entry and validation, while being user-friendly, flexible, exportable, and easy to install on a network or stand alone system. This includes the development of a double data entry package for epidemiology and laboratory data, semi-automated entry of ELISPOT data directly from the plate reader, and a suite of new programmes for the manipulation and integration of flow cytometry data. The double entered epidemiology and immunology databases are combined into a separate database, providing a near-real-time analysis of immuno-epidemiological data, allowing important trends to be identified early and major decisions about the study to be made and acted on. This dynamic data management model is portable and can easily be applied to other studies.

  8. Are metastases from metastases clinical relevant? Computer modelling of cancer spread in a case of hepatocellular carcinoma.

    Directory of Open Access Journals (Sweden)

    Anja Bethge

    Full Text Available BACKGROUND: Metastasis formation remains an enigmatic process and one of the main questions recently asked is whether metastases are able to generate further metastases. Different models have been proposed to answer this question; however, their clinical significance remains unclear. Therefore a computer model was developed that permits comparison of the different models quantitatively with clinical data and that additionally predicts the outcome of treatment interventions. METHODS: The computer model is based on discrete events simulation approach. On the basis of a case from an untreated patient with hepatocellular carcinoma and its multiple metastases in the liver, it was evaluated whether metastases are able to metastasise and in particular if late disseminated tumour cells are still capable to form metastases. Additionally, the resection of the primary tumour was simulated. The simulation results were compared with clinical data. RESULTS: The simulation results reveal that the number of metastases varies significantly between scenarios where metastases metastasise and scenarios where they do not. In contrast, the total tumour mass is nearly unaffected by the two different modes of metastasis formation. Furthermore, the results provide evidence that metastasis formation is an early event and that late disseminated tumour cells are still capable of forming metastases. Simulations also allow estimating how the resection of the primary tumour delays the patient's death. CONCLUSION: The simulation results indicate that for this particular case of a hepatocellular carcinoma late metastases, i.e., metastases from metastases, are irrelevant in terms of total tumour mass. Hence metastases seeded from metastases are clinically irrelevant in our model system. Only the first metastases seeded from the primary tumour contribute significantly to the tumour burden and thus cause the patient's death.

  9. Relevance of laboratory testing for the diagnosis of primary immunodeficiencies: a review of case-based examples of selected immunodeficiencies

    Directory of Open Access Journals (Sweden)

    Abraham Roshini S

    2011-04-01

    Full Text Available Abstract The field of primary immunodeficiencies (PIDs is one of several in the area of clinical immunology that has not been static, but rather has shown exponential growth due to enhanced physician, scientist and patient education and awareness, leading to identification of new diseases, new molecular diagnoses of existing clinical phenotypes, broadening of the spectrum of clinical and phenotypic presentations associated with a single or related gene defects, increased bioinformatics resources, and utilization of advanced diagnostic technology and methodology for disease diagnosis and management resulting in improved outcomes and survival. There are currently over 200 PIDs with at least 170 associated genetic defects identified, with several of these being reported in recent years. The enormous clinical and immunological heterogeneity in the PIDs makes diagnosis challenging, but there is no doubt that early and accurate diagnosis facilitates prompt intervention leading to decreased morbidity and mortality. Diagnosis of PIDs often requires correlation of data obtained from clinical and radiological findings with laboratory immunological analyses and genetic testing. The field of laboratory diagnostic immunology is also rapidly burgeoning, both in terms of novel technologies and applications, and knowledge of human immunology. Over the years, the classification of PIDs has been primarily based on the immunological defect(s ("immunophenotype" with the relatively recent addition of genotype, though there are clinical classifications as well. There can be substantial overlap in terms of the broad immunophenotype and clinical features between PIDs, and therefore, it is relevant to refine, at a cellular and molecular level, unique immunological defects that allow for a specific and accurate diagnosis. The diagnostic testing armamentarium for PID includes flow cytometry - phenotyping and functional, cellular and molecular assays, protein analysis, and

  10. Improving the relevance and impact of decision support research: A co-production framework and water management case study

    Science.gov (United States)

    Smith, R.; Kasprzyk, J. R.; Dilling, L.; Basdekas, L.; Kaatz, L.

    2016-12-01

    In light of the unpredictable effects of climate change and population shifts, responsible resource management will require new types of information and strategies going forward. For water utilities, this means that water supply infrastructure systems must be expanded and/or managed for changes in overall supply and increased extremes. Utilities have begun seeking innovative tools and methods to support planning and decision making, but there are limited channels through which they can gain exposure to emerging tools from the research world, and for researchers to uptake important real-world planning and decision context. A transdisciplinary team of engineers, social and climate scientists, and water managers designed this study to develop and apply a co-production framework which explores the potential of an emerging decision support tool to enhance flexibility and adaptability in water utility planning. It also demonstrates how to improve the link between research and practice in the water sector. In this study we apply the co-production framework to the use of Multiobjective Evolutionary Algorithms (MOEAs). MOEAs have shown promise in being able to generate and evaluate new planning alternatives but they have had little testing or application in water utilities. Anchored by two workshops, this study (1) elicited input from water managers from six water suppliers on the Front Range of Colorado, USA, to create a testbed MOEA application, and (2) evaluated the managers' responses to multiobjective optimization results. The testbed consists of a Front Range-relevant hypothetical water supply model, the Borg MOEA, hydrology and demand scenarios, and a set of planning decisions and performance objectives that drive the link between the algorithm and the model. In this presentation we describe researcher-manager interactions at the initial workshop that served to establish relationships and provide in-depth information to researchers about regional water management

  11. A Jury of Their Peers: A Meta-Analysis of the Effects of Teen Court on Criminal Recidivism.

    Science.gov (United States)

    Bouchard, Jessica; Wong, Jennifer S

    2017-07-01

    Juvenile delinquency has been on the decline for a number of years, yet, juvenile courts continue to assess more than 1 million cases per year. Involvement with the juvenile justice system has been linked to a number of risk factors and consequences that may impact positive youth development; however, evidence-based correctional programs that divert juvenile offenders away from formal processing are limited. Teen Court is a specialized diversion intervention that offers an alternative to traditional court processing for juvenile offenders. Despite the rapid expansion of Teen Courts, there is little comprehensive and systematic evidence available to justify this expansion. This meta-analytic study examines the effects of Teen Court on the recidivism of juvenile offenders. The literature search resulted in the selection of 14 studies, which contributed 18 unique effect sizes with a total sample of 2125 treatment group and 979 comparison group youth. The findings suggest that Teen Court is no more effective at reducing recidivism than (a) formal processing or (b) other diversion programs. Implications of formal and informal court processing for low-risk, first-time young offenders are discussed. The authors draw on the Risk-Need-Responsivity model to provide recommendations for policies and practices.

  12. Is the concept of the non-Hermitian effective Hamiltonian relevant in the case of potential scattering?

    International Nuclear Information System (INIS)

    Savin, Dmitry V.; Sokolov, Valentin V.; Sommers, Hans-Juergen

    2003-01-01

    We examine the notion and properties of the non-Hermitian effective Hamiltonian of an unstable system using as an example potential resonance scattering with a fixed angular momentum. We present a consistent self-adjoint formulation of the problem of scattering on a finite-range potential, which is based on the separation of the configuration space into two segments, internal and external. The scattering amplitude is expressed in terms of the resolvent of a non-Hermitian operator H. The explicit form of this operator depends on both the radius of separation and the boundary conditions at this place, which can be chosen in many different ways. We discuss this freedom and show explicitly that the physical scattering amplitude is, nevertheless, unique, although not all choices are equally adequate from the physical point of view. The energy-dependent operator H should not be confused with the non-Hermitian effective Hamiltonian H eff which is usually exploited to describe interference of overlapping resonances. We note that the simple Breit-Wigner approximation is as a rule valid for any individual resonance in the case of few-channel scattering on a flat billiardlike cavity, leaving no room for nontrivial H eff to appear. The physics is appreciably richer in the case of an open chain of L connected similar cavities whose spectrum has a band structure. For a fixed band of L overlapping resonances, the smooth energy dependence of H can be ignored so that the constant LxL submatrix H eff approximately describes the time evolution of the chain in the energy domain of the band and the complex eigenvalues of H eff define the energies and widths of the resonances. We apply the developed formalism to the problem of a chain of L δ barriers, whose solution is also found independently in a closed form. We construct H eff for the two commonly considered types of boundary conditions (Neumann and Dirichlet) for the internal motion. Although the final results are in perfect

  13. 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...

  14. 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.

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

    Directory of Open Access Journals (Sweden)

    Thierry Kirat

    2010-04-01

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

  16. Killer in our Midst: Part One. An Analysis of Court Transcripts ...

    African Journals Online (AJOL)

    In the spirit of the work edited by Michel Foucault (1975) on Pierre Rivière, I propose to put philosophy to work by tackling a case study in which I shall analyse certain court transcripts that pertain to the defence of serial killer, Stewart Wilken, in Die Staat Teen Stewart Wilken. My analysis of these documents is intended to ...

  17. Optimality aspects with assigning of Magistrates to Sessions and Teams of the Amsterdam Criminal Court

    NARCIS (Netherlands)

    Schreuder, J.A.M.; Burke, E.K.; Rudova, H.

    2006-01-01

    In the criminal court (Arrondissements rechtbank, sector strafrecht) of Amsterdam the assignment of magistrates (judges, officers, etc) to sessions needed to handle the cases presented, has become a problem last years mainly caused by the increase of so called mega-sessions. One complicating factor

  18. Forensics for Dummies? Equality of arms in and on trial in Dutch criminal courts.

    NARCIS (Netherlands)

    van der Kemp, J.J.; Stalman, S.

    2009-01-01

    Forensic disciplines such as DNA-matching, pathology and psychology are often requested to report in criminal cases. Within the Dutch legal system forensic experts are court appointed and little use of second opinion or contra-expertise by the defence is seen. This makes that forensic reports

  19. 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…

  20. The Courts, the Agencies and the Advertiser: Does the Spirit Really Give Life?

    Science.gov (United States)

    Huttenstine, Marian L.; Kean, Lynn

    This paper provides an analysis and review of recent court cases in which advertising was a major factor in determinations as to whether a breach of warranty or a false advertising claim existed. Special attention is given both to implied and to expressed warranty. When possible, discussion is structured to provide definitional or rule-making…

  1. HIV-positive worker in Ecuador takes his employer to court for discrimination.

    Science.gov (United States)

    Allard, Patricia

    2010-06-01

    The Ecuadorian Constitutional Court is currently considering the case of a person living with HIV/AIDS who claims that, contrary to federal and international laws, he was dismissed from his employment in the fall of 2009 because of his HIV status.

  2. In the Name of Mediation: An empirical inquiry into the Chinese court mediation practices

    NARCIS (Netherlands)

    Li, Yedan

    2015-01-01

    The statistics on the numbers of cases handled through mediation in Chinese courts show remarkable ups and downs. A strong downturn before 2004 was followed by a sharp upturn in the years 2004-2011. The return of mediation has drawn the attention of various scholars who provide different readings of

  3. Mutual Trust before the Court of Justice of the European Union

    NARCIS (Netherlands)

    Prechal, A.

    2017-01-01

    The principle of mutual trust is not mentioned in the Treaties, but nonetheless, it has be-come a structural principle of EU law. The present contribution, written from the perspective of ‘everyday judicial practice’, explores how this principle has been given shape in the case law of the Court of

  4. The Court of Justice and Effective Judicial Protection: What Has the Charter Changed?

    NARCIS (Netherlands)

    Prechal, A.

    2015-01-01

    Since the coming into force of the Charter as primary law of the EU, Article 47 CFR is ‘the reference standard’ when the Court deals with issues of ffective judicial protection. However, the general principle of effective judicial protection existed already for some 25 years, developed in the case

  5. Juvenile Court Commitments: The Role of Organizational Factors. Discussion Papers. No. 533-79.

    Science.gov (United States)

    Sosin, Michael

    This paper examines the impact of organizational factors on the rate at which juvenile courts commit referred youth to institutions. Analyzing a national sample, the paper demonstrates that both the rate at which cases are handled informally and the rate at which judges commit those youth who appear before them independently influence the overall…

  6. The Limits of International Adjudication: Authority and Resistance of Regional Economic Courts in Times of Crisis

    DEFF Research Database (Denmark)

    Caserta, Salvatore; Cebulak, Pola

    2018-01-01

    Integration System have all faced varied forms of resistance to their involvement and their general authority. By comparing these four case studies from across the globe, the article identifies institutional and contextual factors that explain the uneven resistance. While the regional economic courts...

  7. 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

  8. 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.

  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)

    1999-10-01

    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.

  10. THE SAFETY MEASURE OF PROHIBITING TO EXERCISE A PROFESSION, IMPOSED BY THE COURT IN CASE OF MAL PRAXIS, MAY ENVISAGE THE PROFESSION OF DOCTOR IN THE WIDER SENSE (AS A WHOLE OR ONLY THE SPECIALTY THAT OCCASIONED THE COMMITTING OF THE OFFENCE PROVIDED IN THE CRIMINAL LAW

    Directory of Open Access Journals (Sweden)

    Traian DIMA

    2018-05-01

    Full Text Available The present paper examines the possibility for the courts of law to order, in case of medical malpractice, the safety measure of prohibiting to exercise the profession of doctor in the wider sense, or only the specialty that occasioned the committing of the offence provided in the criminal law, analyzing the judicial practice regarding this issue. In accordance with Article 450 paragraph (2 of Law no. 95/2006, “disciplinary liability of doctors does not exclude criminal, tort or civil liability”. Between the regulation contained in Article 450 paragraph (2 of Law no. 95/2006 and the safety measure of prohibiting to exercise the profession of doctor, as criminal penalty, there is a close connection, within the meaning that the special law, in particular Law no. 95/2006 derogates from the general criminal law, in particular Article 111 of the Criminal Code in connection with the prohibition of exercising the medical profession. The disciplinary penalties that may be imposed against doctors for mal praxis are listed in Article 455 of Law no. 95/2006. Article 455 letter (e sets out, as disciplinary penalty which may be imposed against doctors “the prohibition to exercise the profession or certain medical activities” for a period ranging between one month and one year. Comparing the provisions of Article 455 letter (e of Law no. 95/2006 with the provisions of Article 111 of the Criminal Code, it may be noticed that the scope of disciplinary accountability of the doctor having committed the civil mal praxis is more comprehensive than the scope of the safety measure imposed by the criminal court.

  11. A Good Friend’: The Role of Peer Networks in Juvenile Treatment Courts

    Directory of Open Access Journals (Sweden)

    Pamela Linden

    2009-03-01

    Full Text Available A primary goal of Juvenile Treatment Courts is participant abstention from the use of alcohol and drugs. The present paper seeks to understand the role of social networks in participant abstention by examining the accounts of peer interactions of 37 current and former youth participants in New York State. This qualitative study found that while severing deviant network ties were involved in abstention in some cases, the dominant theme was the perceived protective role of emotionally close, albeit drug using, peers in supporting abstention. Although most cognitively based adolescent chemical abuse treatment programs explore the role of social networks in youth chemical use and abuse, the findings that youth in Juvenile Treatment Court programs have continued exposure to drugs and alcohol through interaction with their social networks suggest that social network interactions also enter into the discourse taking place within Juvenile Treatment Court settings.

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

    Science.gov (United States)

    Wiist, William H

    2011-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Yasser S. Wahab

    2015-10-01

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

  14. Adaptive Programming Improves Outcomes in Drug Court: An Experimental Trial.

    Science.gov (United States)

    Marlowe, Douglas B; Festinger, David S; Dugosh, Karen L; Benasutti, Kathleen M; Fox, Gloria; Croft, Jason R

    2012-04-01

    Prior studies in Drug Courts reported improved outcomes when participants were matched to schedules of judicial status hearings based on their criminological risk level. The current experiment determined whether incremental efficacy could be gained by periodically adjusting the schedule of status hearings and clinical case-management sessions in response to participants' ensuing performance in the program. The adjustments were made pursuant to a priori criteria specified in an adaptive algorithm. Results confirmed that participants in the full adaptive condition (n = 62) were more than twice as likely as those assigned to baseline-matching only (n = 63) to be drug-abstinent during the first 18 weeks of the program; however, graduation rates and the average time to case resolution were not significantly different. The positive effects of the adaptive program appear to have stemmed from holding noncompliant participants more accountable for meeting their attendance obligations in the program. Directions for future research and practice implications are discussed.

  15. The Clinical Relevance of Psammoma Body and Hashimoto Thyroiditis in Papillary Thyroid Carcinoma: A Large Case-control Study.

    Science.gov (United States)

    Cai, Ye-Feng; Wang, Qing-Xuan; Ni, Chun-Jue; Guo, Gui-Long; Li, Quan; Wang, Ou-Chen; Wu, Liang; Du, Hai-Yan; You, Jie; Zhang, Xiao-Hua

    2015-11-01

    This study aims to investigate the impact of psammoma body (PB) on papillary thyroid carcinoma (PTC), and evaluate the association among PB, Hashimoto thyroiditis (HT), and other clinicopathologic characteristics in PTC patients.We conducted a retrospective case-control study involving 1052 PTC patients who underwent total thyroidectomy or lobectomy with lymph node dissection.Psammoma body was observed in 324 out of 1052 PTC (30.8%) patients. Ultrasonographic (US) calcification (P < 0.001), multifocality of the tumor (P = 0.047), lymph node metastasis (LNM) (P < 0.001), HT (P < 0.001), and Primary tumor (T), Regional lymph nodes (N), Distant metastasis (M) staging (P = 0.001) were significantly related to the presence of PB. The presence of PB was significantly associated with US microcalcification (P < 0.001). In the subgroup with HT, compared with the patients without PB, the patients with PB exhibited a higher frequency of central LNM (54.7% vs 32.1%; P < 0.001) and US microcalcification (94.7% vs 38.8%; P < 0.001), as well as smaller tumors (0.9 ± 0.6 vs 1.3 ± 0.9 cm; P < 0.001). In the subgroup without HT, the patients with PB displayed a higher incidence of lateral LNM (25.8% vs 14.6%; P < 0.001), US microcalcification (87.3% vs 52.5%; P < 0.001), and extrathyroidal extension (47.2% vs 34.8%; P = 0.001), as well as larger tumors (1.3 ± 0.9 vs 1.0 ± 0.8 cm; P < 0.001) than without PB. Moreover, in the subgroup with PB, the PTC patients with HT showed a higher LNM (77.9% vs 57.2%; P < 0.001) and a lower frequency of extrathyroidal extension (20.0% vs 47.2%; P < 0.001) than without HT.Psammoma body is a useful predictor of aggressive tumor behavior in PTC patients. HT with PB shows more aggressive behaviors than non-HT with PB in PTC patients.

  16. 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...

  17. 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...

  18. Restitutionary Road: Reflecting on Good Governance and the Role of the Land Claims Court

    Directory of Open Access Journals (Sweden)

    JM Pienaar

    2011-06-01

    Full Text Available Although 95% of all claims that had been submitted by 1998 have indeed been processed, a mere 49% of the land that was restored since 1994 housed successful enterprises by the end of 2010. Accordingly, sixteen years into the restitution process the statistics are rather disappointing. Restitution of land as a land reform mechanism is a unique temporal process that involves various role players. This contribution focuses on the role that the Land Claims Court has to play within the context of “good governance”. In this regard the legislative and policy frameworks within which restitution and the Land Claims Court operate, are first set out after which the unique characteristics of the restitution programme are highlighted. Although the main function of the Land Claims Court is to grapple with and adjudicate on legal issues, it also has a role to play in effecting good governance. This may be done by its involvement in the legal process leading up to the finalization of claims by issuing directives, acting as a review forum and by removing land from the restitution process under section 34 of the Restitution Act. However, a more pro-active role may be played by the Court by its involvement in deciding the exact form of restitution or restoration in a particular case. In this regard the Court can find that restitution has to be conditional and that certain requirements have to be met in order for the process to be effective and successful. With reference to Baphiring Community v Uys and Others (Case number LCC 64/1998 it is clear that a pro-active approach would require the Court to engage in difficult, often conflicting, issues and to embark on in-depth investigations and analyses where necessary.

  19. Barriers to Advocacy and Litigation in the Equality Courts for Persons with Disabilities

    Directory of Open Access Journals (Sweden)

    Willene Holness

    2014-12-01

    Full Text Available The effective implementation of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA and the fulfilment of the South African state's obligations in terms of the Convention on the Rights of Persons with Disabilities (CRPD are dependent on two fundamental tools, advocacy and litigation. This article discusses the outcome of three cases in the Equality Courts and how these cases promote accessibility and access to justice for persons with disabilities. The authors then consider the impact of CREATE, a KwaZulu-Natal NGO's advocacy initiatives to promote the rights of persons with disabilities and the utilisation of the Equality Court to realise those rights. Participants of ten workshops in KwaZulu-Natal identified three barriers to access to justice in accessing the Equality Courts. Firstly, some Equality Courts are geographically (and financially inaccessible. Secondly, the negative and insensitive attitudes of front-line workers impact on the ability of persons with disabilities to bring equality claims to and access the services of the Equality Court. These barriers constitute discrimination and flout articles 9 and 13 of the CRPD, which require the provision of support for persons with disabilities to access the justice system and the promotion of accessibility to the physical environment, and the provision to them of transportation, information and other services. Thirdly, cultural norms and fears impede access to courts and the agency of persons with disabilities to bring these claims, for example the requirement that traditional leaders provide "permission" to persons with disabilities to sue and a similar requirement of permission from the in-laws of women with disabilities. The article analyses the three barriers identified as inhibiting advocacy and litigation, and explains the implication of these barriers for the state's obligations in terms of articles 5, 8, 9, 12 and 13 of the CRPD. Recommendations

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

    Science.gov (United States)

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

    2014-03-01

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

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

    Directory of Open Access Journals (Sweden)

    Marie Hagsgård

    2008-10-01

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

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

    Science.gov (United States)

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

    2010-01-01

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

  3. Text Mining of Supreme Administrative Court Jurisdictions

    OpenAIRE

    Feinerer, Ingo; Hornik, Kurt

    2007-01-01

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

  4. Social Norms in the Ancient Athenian Courts

    OpenAIRE

    Lanni, Adriaan M.

    2013-01-01

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

  5. Sexual Harassment Law after the 1997-98 U.S. Supreme Court Term. [School Boards Liability].

    Science.gov (United States)

    Shaw, Brian C.; Hyde, W. Brent

    1998-01-01

    During its 1997-98 term, the U.S. Supreme Court decided four major sexual harassment cases. This article summarizes those cases' impact on the analytical framework governing school boards' liability of sexual harassment. The text opens with the issue of sexual harassment of employees by supervisors and two cases that established new standards…

  6. Behavioral Genetics in Criminal and Civil Courts.

    Science.gov (United States)

    Sabatello, Maya; Appelbaum, Paul S

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

  7. Procedural Justice in Dutch Administrative Court Proceedings

    Directory of Open Access Journals (Sweden)

    André Verburg

    2014-11-01

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

  8. Significant weight loss following clozapine use, how is it possible? A case report and review of published cases and literature relevant to the subject.

    Science.gov (United States)

    Tungaraza, Tongeji E

    2016-10-01

    It has been repeatedly shown that clozapine is more efficacious than other antipsychotics in the management of treatment-resistant schizophrenia. However, clozapine is associated with a number of side effects including weight gain. Antipsychotic-induced weight gain has been linked with a number of untoward events including psychological factors such as stigma and low self-esteem, and physical factors such as metabolic syndromes and untimely death. The mechanism underlying antipsychotic (including clozapine)-induced weight gain is not clearly understood, although it is said to involve several brain areas, several neurotransmitters, neuropeptides and genetic factors. To some individuals however, clozapine use is associated with significant weight loss (13.5-50% of body weight). The observed weight loss in these groups of patients has not been attributed to any underlying diagnosable physical disorders. There have been a handful cases published with this phenomenon, which seems to be contrary to what is expected when clozapine is prescribed. From the currently published cases three groups emerge - those who lost weight simply by taking clozapine, those who lost weight due to improved mental state, engaging in diet and increased exercise, and those for whom weight loss was a sign of a poor response to clozapine. A case of JX who has a diagnosis of schizoaffective disorder is presented. JX lost over 26% of her body weight when she was prescribed clozapine. A detailed review of other published cases is undertaken. The underlying mechanisms involving weight loss are discussed and the implications to clinicians are highlighted. Coordinated studies to examine these groups of patients may provide some insight, not only in the mechanism of clozapine-induced weight loss, but also in the better management of patients with treatment-resistant schizophrenia involving clozapine use.

  9. 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.

  10. Abandoning the common law: medical negligence, genetic tests and wrongful life in the Australian High Court.

    Science.gov (United States)

    Faunce, Thomas; Jefferys, Susannah

    2007-05-01

    The Australian High Court recently found that the common law could allow parents to claim tortious damages when medical negligence was proven to have led to the birth of an unplanned, but healthy, baby (Cattanach v Melchior (2003) 215 CLR 1). In Harriton v Stephens (2006) 80 ALJR 791; [2006] HCA 15 and Waller v James; Waller v Hoolahan (2006) 80 ALJR 846; [2006] HCA 16 the High Court in a six-to-one decision (Kirby J dissenting) decided that no such claim could be made by a child when medical negligence in failing to order an in utero genetic test caused the child severe disability. In an era when almost all pregnancies will soon require patented fetal genetic tests as part of the professional standard of care, the High Court, by barring so-called "wrongful life" (better termed "wrongful suffering") claims, may have created a partial immunity from suit for their corporate manufacturers and the doctors who administer them. What lessons can be learnt from this case about how the Australian High Court is, or should be, approaching medical negligence cases and its role as guardian of the Australian common law?

  11. Poison, Pregnancy and Protestants: Gossip and Scandal at the Early Modern French Court

    OpenAIRE

    McIlvenna, Una

    2015-01-01

    This chapter examines the scandalous case of Isabelle de Limeuil, a lady-in-waiting to the sixteenth century French queen mother Catherine de Medici, whose notorious affair with the Protestant Louis de Bourbon, prince of Condé, illegitimate pregnancy, public birth and subsequent imprisonment for attempted poisoning was the stuff of gossip at courts across Europe. Given the multiplicity of scandalous factors in this case, and the historical contingency of many of those factors, the story of Is...

  12. L’Affaire du génocide. Bosnie et Serbie devant la Cour internationale de Justice ou la dénonciation à l’épreuve du droit international Lawyering Truth. The Genocide Case (Bosnia vs. Serbia before the International Court of Justice, or a Test of Public Denunciation through International Law

    Directory of Open Access Journals (Sweden)

    Pierre-Yves Condé

    2010-07-01

    Full Text Available En 2006 la Cour internationale de Justice a rendu son arrêt dans l’affaire du Génocide introduite par la Bosnie-Herzégovine contre la Serbie treize ans plus tôt. Elle a qualifié de génocide les massacres de Srebrenica de juillet 1995 et jugé que la Serbie, en ne cherchant ni à empêcher, ni à punir ce crime, avait enfreint la Convention pour la prévention et la répression du crime de génocide. L’écart entre les conclusions des juges et la cause plaidée par la Bosnie-Herzégovine, qui alléguait que la Serbie était directement responsable d’un génocide commis sur tout son territoire depuis 1992 au moins, a suscité des critiques radicales de la décision rendue. A partir des plaidoiries orales des parties à l’instance, cet article souligne les difficultés spécifiques rencontrées par la Bosnie dans sa tentative de défendre une cause judiciaire au nom de la vérité.In 2006 the International Court of Justice rendered its Judgment in the Genocide case brought thirteen years earlier by Bosnia and Herzegovina against Serbia. The Court held that the July 1995 Srebrenica massacres amounted to genocide and ruled that Serbia, by failing to prevent the crime and punish those responsible, was in breach of the Convention for the Prevention and Punishment of the crime of genocide. Because of the discrepancy between these judicial determinations and Bosnia’s allegations that Serbia was directly responsible for a genocide committed on her whole territory since 1992 at least, sharp criticisms were leveled at the decision. Focusing on the oral pleadings in the case, the paper aims at demonstrating the specific obstacles met by Bosnia in her efforts to lawyer truth.

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

    DEFF Research Database (Denmark)

    Christensen, Tina Paulsen

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

  14. 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.

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

    Science.gov (United States)

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

    2011-04-01

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

  16. The right to appeal under the constitution of Albania and court jurisdiction

    Directory of Open Access Journals (Sweden)

    Donika Plakolli

    2017-03-01

    Full Text Available The right to appeal is both a fundamental human right and a procedural tool, whereby parties exercise examination of the lawfulness of court rulings, etc. The constitution of the Republic of Albania, 1 approved in 1998, expressly provides for and guarantees the right to file an appeal. Unlike other rights, this fundamental right was not restricted, being in accordance with Article 17 of the Constitution, except for cases otherwise provided in the Constitution. In accordance with this constitutional right and guarantee, all codes of administrative procedures, civil and criminal procedure, provided for and widely guaranteed the exercise of the right to file an appeal. This absence of restriction of the right to fi le an appeal brought about an overload of court cases and trial delays, thus making the completion of the adjudication within a reasonable deadline uncertain. As a result, there rose the necessity to limit this right in the Constitution of the Republic of Albania. The amendments to the Constitution by Law no. 76/2016 also limited the right to fi le an appeal under Article 17 of the Constitution. However, these amendments were not complete, as they did not entail the exercise of the right to file an appeal against decisions of administrative authorities. The jurisdiction of the Constitutional Court of Albania is a guarantee of the right to appeal/effective access in the civil and administrative process, although slightly controversial in the criminal process. However, positive developments regarding the guarantee of effective access to the court have recently occurred. Even in the broad jurisdiction of the European Court of Human Rights, when cases from Albania have been adjudicated, violations of the right to effective appeal have been observed in the criminal process.

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

    Science.gov (United States)

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

    2011-01-01

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

  18. 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.

  19. The CISG in Denmark and Danish Courts

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2011-01-01

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

  20. Nullum Crimen and International Criminal Law: The Relevance of the Foreseeability Test

    NARCIS (Netherlands)

    van der Wilt, H.

    2015-01-01

    This article traces the development of the foreseeability test in the context of the nullum crimen principle. While the European Court of Human Rights has introduced the ‘accessibility and foreseeability’ criteria long ago in the Sunday Times case, the Court has only recently started to apply this

  1. 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

  2. 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

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

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    1999-01-01

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

  4. 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.

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

    Directory of Open Access Journals (Sweden)

    Pjereta Agalliu

    2018-03-01

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

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

    Directory of Open Access Journals (Sweden)

    Joanna Koziollek

    2018-03-01

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

  7. Comprehensive genomic profiling of 295 cases of clinically advanced urothelial carcinoma of the urinary bladder reveals a high frequency of clinically relevant genomic alterations.

    Science.gov (United States)

    Ross, Jeffrey S; Wang, Kai; Khaira, Depinder; Ali, Siraj M; Fisher, Huge A G; Mian, Badar; Nazeer, Tipu; Elvin, Julia A; Palma, Norma; Yelensky, Roman; Lipson, Doron; Miller, Vincent A; Stephens, Philip J; Subbiah, Vivek; Pal, Sumanta K

    2016-03-01

    In the current study, the authors present a comprehensive genomic profile (CGP)-based study of advanced urothelial carcinoma (UC) designed to detect clinically relevant genomic alterations (CRGAs). DNA was extracted from 40 µm of formalin-fixed, paraffin-embedded sections from 295 consecutive cases of recurrent/metastatic UC. CGP was performed on hybridization-captured, adaptor ligation-based libraries to a mean coverage depth of 688X for all coding exons of 236 cancer-related genes plus 47 introns from 19 genes frequently rearranged in cancer, using process-matched normal control samples as a reference. CRGAs were defined as GAs linked to drugs on the market or currently under evaluation in mechanism-driven clinical trials. All 295 patients assessed were classified with high-grade (International Society of Urological Pathology classification) and advanced stage (stage III/IV American Joint Committee on Cancer) disease, and 294 of 295 patients (99.7%) had at least 1 GA on CGP with a mean of 6.4 GAs per UC (61% substitutions/insertions/deletions, 37% copy number alterations, and 2% fusions). Furthermore, 275 patients (93%) had at least 1 CRGA involving 75 individual genes with a mean of 2.6 CRGAs per UC. The most common CRGAs involved cyclin-dependent kinase inhibitor 2A (CDKN2A) (34%), fibroblast growth factor receptor 3 (FGFR3) (21%), phosphatidylinositol 3-kinase catalytic subunit alpha (PIK3CA) (20%), and ERBB2 (17%). FGFR3 GAs were diverse types and included 10% fusions. ERBB2 GAs were equally divided between amplifications and substitutions. ERBB2 substitutions were predominantly within the extracellular domain and were highly enriched in patients with micropapillary UC (38% of 32 cases vs 5% of 263 nonmicropapillary UC cases; PCancer 2016;122:702-711. © 2015 American Cancer Society. © 2015 American Cancer Society.

  8. 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.

  9. Trial by Tweet? Findings on Facebook? Social Media Innovation or Degradation? The Future and Challenge of Change for Courts

    Directory of Open Access Journals (Sweden)

    Pamela D. Schutz

    2013-02-01

    Full Text Available The growth and exponential influence of social media challenging modern media outlets and the scope of participants is rivalling that of nation states. In addition the power of this media spectrum is forming another style of Public Square in cyber space and the demise of the spiral of silence. In turn this appears to be democratic input that can affect public policy and perhaps affects court administration and outcomes. This paper argues that while Courts must become more media savvy and modernise their methods of information outputs, it is also incumbent upon them to consider the theoretical impact and practices at work and how to ensure the delivery and dissemination of relevant responsive information and maintain the integrity and independence of Courts and the Judiciary.

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

    OpenAIRE

    Hiller, Kinga

    2010-01-01

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

  11. Nexo causal em matéria penal: análise da jurisprudência dos tribunais de justiça Case law regarding causal relationship between conduct and result to attribute criminal liability in brazilian state supreme courts

    Directory of Open Access Journals (Sweden)

    Luisa Moraes Abreu Ferreira

    2011-06-01

    Full Text Available Este artigo discute uma pesquisa empírica apresentada em 2009 como Trabalho de Conclusão de Curso na Direito GV sobre a definição da causalidade para responsabilização criminal nos tribunais de justiça. Foram analisadas 84 apelações criminais julgadas entre 2007 e 2008 e extraídos resultados quantitativos e qualitativos relacionados aos dados do processo, ao resultado da decisão e à argumentação. A análise desses resultados levou a cinco principais constatações: (1 a discussão sobre nexo causal ocorre quase exclusivamente em casos de crimes culposos; (2 muitas vezes, apesar de discutido pelas partes, a existência de nexo causal não é afirmada no acórdão; (3 o nexo causal é frequentemente afirmado com pouca fundamentação e, em geral, com menos argumentos do que a afirmação de culpa; (4 a teoria mais utilizada pelos tribunais é a da equivalência das condições; e (5 o nexo causal é frequentemente afirmado como decorrência da culpa.This paper reports empirical research presented in 2009 as final dissertation for graduation as bachelor of laws at direito gv about the definition of causation to attribute criminal liability in the brazilian state supreme Courts. A total of 84 criminal appeals, ruled between 2007 and 2008, were analyzed and quantitative and qualitative results related to procedure data, results of the decision and reasoning were extracted. Analysis of these results led to five major findings: (1 discussion of causation occurs almost exclusively in cases of willful crimes, (2 often, though discussed by the parties, a causal relationship is not asserted in the decision, (3 causal relationship is often stated with little reasoning and, generally, with fewer arguments than the statement of negligence, (a the causal theory most used by the courts is that cause is every necessary condition for the event, and (5j causal relationship is often asserted as a result of negligence.

  12. 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.

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

    Science.gov (United States)

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

    2012-01-01

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

  14. THE RIGHT OF ACCESS TO A COURT AS AN ASPECT OF THE RIGHT TO A FAIR TRIAL

    Directory of Open Access Journals (Sweden)

    Dragan Elijaš

    2016-01-01

    Full Text Available The topic of this paper is the right of access to a court, as an aspect of the right to a fair trial guaranteed by Article 29 of the Constitution and Article 6 of the Convention. The paper highlights the fundamental significance of the protection offered by the Convention, which concerns the drawing up and implementation of standards for the protection of human rights within the territory of Europe, and, through the positions of the European Court of Human Rights, which the Constitutional Court of the Republic of Croatia has accepted and elaborated in its adjudication. The paper also emphasises the importance of the Constitutional Court’s activism concerning the protection of human rights. It stresses the view that the purpose of Article 29 of the Constitution and of Article 6 of the Convention is to secure fair proceedings, and not to examine the correct outcome of proceedings. The authors prove this thesis in this paper. The basic theme of the paper, the right of access to a court, is recognised by the authors as the key aspect of the constitutional right to a fair trial. The first part of the paper deals in general with the right to a fair trial and its various aspects, it provides an overview of the case law of the European Court of Human Rights and of its effect on the case law of the Constitutional Court in its specific aspects, and provides the standpoints of other States. This is followed by a detailed analysis of the positions of the Constitutional Court with regard to the right of access to a court and, in particular, the evolution of these positions over time in this area of protection. The positions of the Constitutional Court are presented both through an abstract and an individual review of constitutionality. The interpretation of constitutional rights, which the Constitutional Court provides through its decisions and rulings, is considered by the authors to be the most significant contribution to the development of

  15. Characteristics of mentally ill offenders from 100 psychiatric court reports

    Directory of Open Access Journals (Sweden)

    Al-Zahrani Mohamed

    2010-01-01

    Full Text Available Abstract Background There is an increasing probability that the psychiatrist will, willingly or not, come into contact with mentally ill offenders in the course of their practice. There are increasing rates of violence, substance abuse and other psychiatric disorders that are of legal importance. Therefore, the aim of this work was to investigate the rates of different mental disorders in 100 court reports and to investigate the characteristics of mentally ill offenders. Methods All cases referred from different departments of the legal system to the forensic committee for assessment of legal accountability over 13-months duration were included. A specially designed form was prepared for data collection. Cases were classified into five groups: murder, robbery, financial offences, violent and simple offences and a group for other offences. Data were subjected to statistical analysis and comparisons between different groups of subjects were performed by analysis of variance (ANOVA. Results Men constituted 93% of cases. In all, 73% of offenders were younger than 40 years old. Schizophrenia cases made up 13% of the total, substance related cases constituted 56% and amphetamine cases alone made up 21%; 10% of cases were antisocial personality disorders, and 51% of cases were classified as having a low education level. Unemployment was found in 34% of cases. The final decision of the forensic committee was full responsibility in 46% of cases and partial responsibility in 11% of cases, with 33% considered non-responsible. A total of 58% of cases had had contact with psychiatric healthcare prior to the offence and in 9% of cases contact had been in the previous 12 weeks. A history of similar offences was found in 32% of cases. In all, 14% of the offences were murders, 8% were sexual crimes, and 31% were violent/simple crimes. Conclusions The ability of the legal system to detect cases was good, while the ability of the healthcare system to predict

  16. Establishing Proactive Auditor Responsibilities in Relation to Fraud: The Role of the Courts and Professional Bodies in Denmark

    DEFF Research Database (Denmark)

    Holm, Claus; Langsted, Lars Bo; Seehausen, Jesper

    2012-01-01

    Over the years, there has been considerable discussion about the extent and exact nature of the responsibilities of the auditor to detect fraud. The purpose of our study is to examine how the courts and professional bodies in a principle-based legal system respond to the change in the audit...... promulgations introducing proactive responsibilities in relation to fraud. We observe the outcome of actual fraud cases in which the court system and professional bodies in Denmark establish the responsibilities of auditors. The data set includes all publicized cases in the period 1996–2006. We find...

  17. Land-use change in a telecoupled world: the relevance and applicability of the telecoupling framework in the case of banana plantation expansion in Laos

    Directory of Open Access Journals (Sweden)

    Cecilie Friis

    2017-12-01

    Full Text Available Land-use change is increasingly influenced by complex socioeconomic and environmental interactions that transcend spatial, institutional, and temporal scales. These interactions challenge classical place-based land system analysis and require new analytical approaches equipped for tackling processes, flows, and feedbacks over distance. The recently proposed telecoupling framework offers interesting perspectives for bringing place-based and process-oriented research together in the study of land-use change. However, few studies have explored the influence and implications of telecouplings in local land-use changes. One reason for this is that the framework still faces challenges for application in empirical research. Here, we offer a qualitative operationalization of the telecoupling framework to explore its relevance and applicability in a case of local land-use change. Investigating the case of a recent boom in commercial banana cultivation in Luang Namtha Province, Lao PDR, we use a grounded empirical approach starting with the observed land-use change at the village level. We then trace flows and distal processes influencing the conversion to banana cultivation from the perspectives and experiences of the local actors involved. The results identify four prominent material and immaterial telecouplings at various spatial and temporal scales, as well as some potential feedbacks. This complexity points to the need for interdisciplinary research because the processes involved in creating telecoupled land-use change transcend the boundaries of any one discipline. Overall, however, telecoupling presents a strong heuristic lens for examining and describing distal causal relations in land-use change in a manner that does not favor a specific analytical scale or type of interaction.

  18. 22 CFR 19.6 - Court orders and divorce decrees.

    Science.gov (United States)

    2010-04-01

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

  19. HIV/STI Risk Behavior of Drug Court Participants

    Science.gov (United States)

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

    2012-01-01

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

  20. Establishing an effective dialog between courts and agencies

    NARCIS (Netherlands)

    Humphery-Jenner, Mark L.

    2013-01-01

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