Sample records for relevant legislation court

  1. Status Offender Legislation and the Courts.

    Colley, Lori L.; Culbertson, Robert G.


    Examined records of 558 juveniles sheltered at short-term residential facility for five years to determine effect of Illinois' Minor Requiring Authoritative Intervention (MRAI) statute on status offenders. Results indicated that dispositions of clients MRAI legislation were not significantly different from earlier dispositions under old Minor in…

  2. The vigilance of individuals : how, when and why the EU legislates to facilitate the private enforcement of EU law before national courts

    Wilman, Folkert Geert


    This PhD thesis is concerned with EU legislation facilitating the private enforcement of EU law, i.e. the enforcement of that law by private parties in legal proceedings before the courts of the Member States. The relevant EU-level legislative developments in four fields of EU law are assessed in

  3. International regulation of wildlife trade: relevant legislation and organisations.

    Cooper, M E; Rosser, A M


    Trade in wildlife brings into play a variety of legislation from several distinct areas of law. Many species of wildlife are subject to restrictions on international movement with the aim of protecting wild populations from over-exploitation. Animal health legislation is strictly applied to the movement of most animals to prevent the spread of infectious diseases between importing and exporting counties. The welfare of animals in the course of trade requires consideration and relevant legislation has been put into place, particularly in respect of transportation. A number of institutions have an impact on the trade itself or on the legislation that regulates wildlife trade on an international basis.


    Lucas Oliveira Gomes Ferreira


    Full Text Available The purpose of the present study is to analyze the accounting disclosure of judicial payments warrants (precatórios, issued when governmental entities are found liable for pecuniary awards in lawsuits according to accounting theory, and to verify if the current legislation interferes in the accounting treatment of these instruments. In this sense, we performed a documental and literature review about the legal framework and accounting procedures adopted, as well gathered data from the National Treasury Secretariat Data Collection System (SISTN in the period 2004-2009 and consulted a study carried out by the Supreme Court (STF in 2004. The study’s justification is based on the perception that over than a half of judicial payment warrants are not registered in the public accounts. Consequently, whereas these warrants (i vested rights of the plaintiffs and (ii debts of the public entity, the lack of accounting disclosure jeopardizes both the beneficiary, whose right is not reflected in the public accounts, thus casting doubt on the expectation to receive payment, and government managers and society, who do not have reliable information that allows effective management. The innovation of this paper consists of discussing identification of the appropriate moment of the generating event of the underlying debts and the proposal of disclosure considering the risk classification. In conclusion, the influence of the current legislation and the failure to observe accounting fundamentals are among the likely factors that have affected the proper accounting of judicial payment warrants within the Brazilian public administration.




    Full Text Available Entry into force of the law no.202/2010 regarding some measures to speed up the trial processes already raises some problems of interpretation especially concerning cases that are pending. Such a situation was inevitable since the transitional provisions could not cover all situations arising in practice, and the law mentioned abovecreate some completely new institutions in our criminal law. But I believe that for the new institution of admitting guilt in court case, would be required to adopt transitional rules necessary to eliminate the controverses that arise and will arise in practice. As any new institution, admitting guilt in court case willrequire a certain period of time untill crystallize an unitary practice field, even more because the text contains some vague expressions. Unfortunately, the courts have no benefit yet of a fast and efficient mechanism for unifying the jurisprudence, and this fact will probably affect also the solutions that will be taken by the courts in this matter.


    Simona TACHE


    Full Text Available Entry into force of the law no.202/2010 regarding some measures to speed up the trial processes already raises some problems of interpretation especially concerning cases that are pending. Such a situation was inevitable since the transitional provisions could not cover all situations arising in practice, and the law mentioned above create some completely new institutions in our criminal law. But I believe that for the new institution of admitting guilt in court case, would be required to adopt transitional rules necessary to eliminate the controverses that arise and will arise in practice. As any new institution, admitting guilt in court case will require a certain period of time untill crystallize an unitary practice field, even more because the text contains some vague expressions. Unfortunately, the courts have no benefit yet of a fast and efficient mechanism for unifying the jurisprudence, and this fact will probably affect also the solutions that will be taken by the courts in this matter.

  7. Legislation.

    Henderson, Carol C.; Heanue, Anne A.; Adler, Allan R.


    Two reports discuss legislation and regulations affecting libraries in 1997, (funding, government information, intellectual freedom and property, Next Generation Internet, postal rates, telecommunications) and publishing in 1997 (intellectual property, freedom of expression, new technology, postal rates). (PEN)

  8. Analisys of IT outsourcing contracts at the TCU (Federal Court of Accounts and of the legislation that governs these contracts in the Brazilian Federal Public administration

    Graziela Ferreira Guarda


    Full Text Available Information technology (IT outsourcing has for a long time been a major trend in business and government. Accountability of IT outsourcing contracts in the public administration is recognized as an important factor contributing to government transparency and public services quality, given the legislation governing these contracts and the amount of related expenditures. Considering the trend towards open government data publishing, including data on outsourcing contracts, there is an interesting opportunity for citizens to participate in the open auditing of these contracts as a means to assess the good application of public resources. In this study we explore this possibility by analyzing open data published by the Brazilian Federal Court of Accounts (TCU is its acronym in Portuguese, an interesting case since this agency has a paramount role in auditing the whole Brazilian Federal Public Administration. To this end, we gathered open data from the TCU regarding all outsourced IT services contracts maintained by the agency during the years 2000-2013. This data is analyzed to verify, from an external point of view, the related duration and values, identifying diferences between the predicted and actual amounts spent and evaluating the administration of such contracts regarding legislation. This analysis is based on a detailed survey of the relevant legislation as well as the verification of original contract terms and their addendums. As a result, we observed substantial differences in the amount spent on execution with respect to those predicted in the original contracts. Also, we identified the utilization of special justifications prescribed by law to sustain the extension of some contracts. Given these results, it is possible that IT outsourcing is not necessarily proved to be the best solution for the public sector problems regarding the lack of skilled personnel, which implies the need to assess the cost-benefit of maintaining these

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

    Marta Rodriguez de Assis Machado


    Full Text Available 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 diagnosis about how the Brazilian Judiciary deals with racism and racial discrimination and to understand the potential and limitations of the existing legal instruments to confront the social problems of racism in Brazil. In the introduction of the paper, we present a brief explanation about the history of Brazilian punitive antiracist statutes, and we discuss the existing research in this field. Afterwards we explain our methodological choices used to construct this research and how we interpreted the data collected. In section three, we present our main quantitative findings. Finally, we discuss it critically and make some considerations about the strategy of the social movements involving the juridification of racism via criminal law. We also raise some questions for a future research agenda.

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

    Faeh, Andrea Beata


    , this autonomous interpretation of ‘human embryo’ and the flexibility allowed to the national courts needed further clarification. This clarification was recently given by the Court’s Grand Chamber in International Stem Cell Corporation v Comptroller General Patents where the Court concluded that a non...

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

    Faeh, Andrea Beata


    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......, this autonomous interpretation of ‘human embryo’ and the flexibility allowed to the national courts needed further clarification. This clarification was recently given by the Court’s Grand Chamber in International Stem Cell Corporation v Comptroller General Patents where the Court concluded that a non......-fertilised human ovum, not capable of developing into a human being, is not a ‘human embryo’. Hence, ‘where a non-fertilised human ovum does not fulfil that condition [inherent capacity of developing into a human being], the mere fact that that organism commences a process of development is not sufficient...

  12. The relevance of introducing opposition proceedings into the Serbian trademark legislation

    Vasić Aleksandra


    Full Text Available This paper analyzes the quality of certain legal procedures applied in domestic trademark legislation in the light of harmonizing our legislation with those of the EU. Trademark Law in the Republic of Serbia (2009 does not rely on opposition proceedings as a phase in the process of trademark registration and a tool that would ensure that only those trademarks that fulfill the necessary conditions are granted legal protection. Intellectual Property Office examines the so-called relative grounds for trademark registration refusal but does so ex officio, thus preventing the holders of trademark rights from benefiting from a relatively inexpensive and effective opposition procedure regarding the registration of a second trademark which violates their previously established rights. In contrast to our trademark laws, EU Council Regulation 207/2009 on Community Trademarks of February 26, 2009 (CTMR -Community trademark regulation enforces opposition proceedings as the most important phase in the process of trademark registration. European experience shows that opposition proceedings carry significant benefits for the process of trademark application. First of all, they allow the holders of previously established trademark rights to avoid long and costly court proceedings whose purpose is to dispute trademarks that violate the owner's rights. Also, state agencies authorizing in trademark approval no longer need to monitor registered trademarks.

  13. Codifying a jurist’s law: Islamic criminal legislation and Supreme Court case law in the Sudan under Numairi and Bashīr

    Köndgen, O.A.


    In 1983 the Sudan introduced for the first time an Islamized penal code which, after a period of strict application, was first suspended with regard to the harsher corporal punishments and subsequently replaced in 1991 by a new, overhauled Criminal Act. The present thesis analyses Islamized Sudanese criminal legislation and ICL-related case law of the Sudanese Supreme Court. In addition, a number of interviews with judges, lawyers, academics, and politicians were conducted. The main research ...

  14. Awareness among Family Members of Children with Intellectual Disability on Relevant Legislations in India

    Deepa Nair N; Jayanthi Narayan N; Bala Baskar Kuppusamy


    Purpose: The present study was undertaken to assess the level of awareness on legislations relating to intellectual disability among family members in India.Method: A sample of 103 respondents attending home based training services for their wards at National Institute for the Mentally Handicapped (NIMH), India, were administered a thirty item questionnaire, classified into awareness of legislations, awareness of rights, concessions and benefits and life cycle needs.Results: There is a modera...

  15. Awareness among Family Members Having Children with Mental Retardation on Relevant Legislations in India

    Kuppusamy, Balabaskar; Narayan, Jayanthi; Nair, Deepa


    In India, Acts and legislations are in place for persons with mental retardation. Three major Acts namely Rehabilitation Council of India Act (1992), Persons with Disabilities (Equal opportunities, protection of rights and full participation) Act (1995) and National Trust for welfare of persons with Autism, Cerebral Palsy, Mental retardation and…

  16. Awareness among Family Members of Children with Intellectual Disability on Relevant Legislations in India

    Deepa Nair N


    Full Text Available Purpose: The present study was undertaken to assess the level of awareness on legislations relating to intellectual disability among family members in India.Method: A sample of 103 respondents attending home based training services for their wards at National Institute for the Mentally Handicapped (NIMH, India, were administered a thirty item questionnaire, classified into awareness of legislations, awareness of rights, concessions and benefits and life cycle needs.Results: There is a moderate level of awareness on legislative aspects. Educated respondents showed better awareness about legislations than less educated persons. Respondents were better aware of benefits and concessions because of their direct utility in their day-to-day activities.Conclusion: There is a need for creation of awareness and sensitization among parents and caregivers having persons with intellectual disability to enable them to receive optimum benefits. To reach the uneducated population the materials must also be made available in non-print media such as television, posters and illustrated pamphlets.

  17. The Court of Justice and The Data Retention Directive in Digital Rights Ireland: Telling Off The EU Legislator and Teaching a Lesson in Privacy and Data Protection

    Granger, M.-P.; Irion, K.


    In Digital Rights Ireland, the Court of Justice invalidated the 2006 Data Retention Directive, which required private providers to retain for a considerable period electronic communication metadata for law enforcement purposes. In this landmark ruling, the EU judiciary introduced a strict scrutiny t

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

    Caserta, Salvatore


    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...... of their founding documents, both the CACJ and the CCJ were only partially established to pursue regional economic integration. Instead, both Courts were fashioned at the crossroad of several – and at times even conflicting – forms of legality, power battles, professional interests, and visions of the world...... that shaped the Central American and Caribbean legal fields over time. Seen through the diachronic lens of the interests, ideologies, professional practices, and visions of the world of the actors inhabiting the Central American and Caribbean legal fields, the involvement of the two Courts in politically...


    Ida Ayu Made Puspani


    Full Text Available This is a research on interpreting (oral translation on a criminal case ofdrug user in the court proceedings at Denpasar Court. The study of theinterpreting is concerned with two-ways rendition from Indonesian into Englishand vice-versa. The study is related to: (1 the description of modes of interpretingapplied by the interpreter, (2 the application of translation strategies: shift,addition and deletion of information, (3 factors that underlie the application ofthe strategies, and (4 the impact of the application of those strategies towards thequality of the interpreting.The methodology applied in this study is qualitative based on eclectictheories (translation, syntax, semantics and pragmatics. The utilization of thetheories is in accordance with the type of the data analyzed in regard to thetranslation phenomena as an applied study and its complexity.The interpreting at court applied the consecutive and simultaneous modes.The strategy of shift was applied when there were differences in structure betweenthe source and the target languages. Addition of information was used when theinterpreter emphasized the message of the source language in the target language.The deletion of information applied if the context in the target language has beencovered, and it was not necessary for the interpreter to interpret the same thingbecause the message of the source language was pragmatically implied in thetarget language.The factors which underlie the application of the interpreting strategies incourt interpreting were communication factor and the differences in the languagesystems between the source and the target languages. The impact of the use of thestrategies towards the quality of the interpreting happened when the interpretationof the source language message into the message of the target language and themessage in the source language was not completely render into the targetlanguage.The novelties of the research are: (1 relevance theory and its

  20. An Ever More Powerful Court?

    Martinsen, Dorte Sindbjerg

    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...... 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...... from a continuous interplay between law and politics, but one where the interpretations, perceptions, and interests of political actors and governing majorities matter for judicial influence on policies. Despite fragmentation of EU politics, politicians can modify and sometimes reject judicial...

  1. An Ever More Powerful Court?

    Martinsen, Dorte Sindbjerg

    ) 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...... 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...


    Savchenko M. S.


    Full Text Available In this article we consider the problem of arbitration proceedings and suggest ways to address them. The peculiarities of the arbitration dispute resolution, allowing closer to understanding the nature and the legal nature of the arbitration court. The article analyzes the status of arbitrators in terms of law reform, the conclusion about the absence of common requirements that apply to this post. The attention focused on the absence of liability for breach of arbitrators order arbitration proceedings and the need to introduce. The article also highlights changes in the rights of legal entities to create permanent arbitration courts and analyzes the feasibility of such restrictions. Special attention is paid to the problem of creating "pocket" courts, which hamper the development of mechanisms for alternative ways of resolving civil disputes. A comparative analysis of established practices of arbitration courts in countries such as Brazil, Canada and the United States has been provided. We offer adding certain provisions of the legislation of these countries to the Russian legislation in order to improve the institution of arbitration proceedings. The authors highlight some trends in the development of the current legislation regulating the activities of the arbitration courts of relevance in today's economy

  3. Power Sharing Courts

    Stefan Graziadei


    Full Text Available In this paper, I introduce a novel concept, the one of power sharing courts. Scholars of judicial politics look at the reasons behind judicial selection and the patterns of decision making within courts through the lens of ideology (left-right. However, the resulting fertile scholarly analysis has not been extended to divided societies, where the main cleavages are not partisan but ethno-national. In these societies, the liberal model of selecting judges and taking decisions within an apex court is often corrected to specifically include politically salient ascriptive cleavages (such as ethnicity/nationality/language/religion. The main thrust of my argument is that there is a model of selecting judges, taking decisions and sharing posts of influence within apex courts in divided societies that has not yet been conceptually captured: power sharing courts. In analogy to consociationalism in the political system, power sharing in the judiciary aims to solve salient inter-community conflicts by including all relevant groups in these bodies on a basis of parity or proportionality. The paper is of equal interest to scholars of constitutional courts, consociationalists, comparatists, as well as country specialists.

  4. Juvenile Courts. Creation and development



    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.

  5. An Ever More Powerful Court?

    Martinsen, Dorte Sindbjerg

    ) 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...... 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...... studies: EU working time regulation, patients’ rights in cross-border healthcare, and regulation of the posting of workers. The book finds that EU legislative politics has the capacity to condition the more general impact of legal integration. It demonstrates how the broader reach of jurisprudence results...

  6. Highlights & Insights on European Taxation 2015, 307, () : X. Swedish legislation exempting capital gains and excluding deduction of capital losses not in breach of freedom of establishment. Court of Justice

    M.F. de Wilde (Maarten)


    textabstractOn 10 June 2015, the Court of Justice of the European Union (‘CJ’) delivered its judgment in X AB v. Skatteverket (C-686/13). The CJ held the non-deductibility for Swedish corporate tax purposes of realised foreign exchange losses on shareholdings eligible for relief under the Swedish pa

  7. Assessing the Courts in Russia: Parameters of Progress under Putin

    Peter H. Solomon


    Full Text Available The Soviet legacy included courts that were dependent and weak, and whose reform had only just begun. The Yeltsin era witnessed considerable progress in making judges more independent and powerful, but the efforts were seriously constrained by budgetary shortcomings and paralysis in the legislative approval of needed procedural changes. As we shall see, the Putin administration overcame both of these obstacles and at the same time began addressing the thorny question of how to make courts and judges accountable without undue harm to their independence. It also started to address the scepticism about the courts among a significant part of the public, through efforts to improve media coverage, make information about courts more available, and make courts user friendly. While praiseworthy and bound to improve the reality and the perception of the administration of justice overall, these initiatives did not end attempts to exert influence on judges and case outcomes by powerful people (in the public and private sectors or the mechanisms that facilitated their efforts. This essay begins by identifying criteria for assessing the quality of the administration of justice in any country, including in the post-soviet world and suggesting specific markers (usually qualitative connected to each of the criteria developed above. Then, the essay provides an account of relevant policy initiatives in judicial reform undertaken first under Yeltsin and then in the Putin years. The essay goes to provide an assessment of the state of the courts in the Russian federation in 2007 in the light of the criteria and markers supplied in the first section. It concludes with a look to the future, and the identification of crucial markers of change for the post-Putin era.

  8. Antinomy in Legislation in Indonesia

    Zainal Arifin Mochtar


    Full Text Available A number of reality for laws as a production of Parliament and President was canceled by the Constitutional Court, occur as a result of the legislation matter that plural reflects the injustice and legal uncertainty. The high number of judicial review becomes signal less accommodation of citizen interests and rights in a legislation product. The absence of arrangement harmony made by Parliament gives impact on plural legislation sued. This paper attempts to describe some debate antinomy that characterizes the existence of legislation in Indonesia. The analysis showed, antinomy-conflict-norm in the legislation is one thing that is difficult to avoid, especially given the poor-legislative process in the parliament today. In each establishment of legislation, synchronization and norms harmonization is not a major pressing point, but defeated by transnational politics inter-faction in the parliament that actually looked more dominant. But when these norms conflict constituted a rule of law which are simultaneous, dynamic, and meet legal ideals, would not be a problem. As long as not to cause harm to the fulfillment of constitutional rights of citizens.

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

    Maule, Linda S.; Schmid, Karen


    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…


    Cristian JURA


    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.

  11. The Roles of Judicial Officers and Court Administrators in the UK Supreme Court

    William Arnold


    Full Text Available This article provides a brief historical summary of the process that culminated in the creation of the Supreme Court of the United Kingdom (SCUK, highlighting important changes in the relevant laws and regulations and the institutional framework within which authority for final appellate review of lower court decisions was and currently is vested.  It also examines the administrative organization of the SCUP and where authority for key elements of court administration at that court is vested and how, for practical purposes, the SCUK is administered.

  12. Status of Court Management in Switzerland

    Andreas Lienhard


    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

  13. Domestic violence and dependency courts: the Greenbook demonstration experience.

    Malik, Neena M; Silverman, Jerry; Wang, Kathleen; Janczewski, Colleen


    This field study reports on a cross-site evaluation of dependency courts in communities receiving federal funding to implement the Greenbook initiative, a multisite demonstration for community improvement of coordinated responses to families victimized by domestic violence and child maltreatment. This article focuses on the dependency court, where child maltreatment cases are heard, specifically court participation in collaborative activities and court practice improvements. Findings indicate that perceptions of judicial leadership varied considerably by site. Cross-training appeared to increase over time, particularly with court staff. Collaborative efforts emerged across the Greenbook initiative with regard to the courts, and some innovative practices appeared within Greenbook sites, such as separate case plans for perpetrators and victims of violence in families, reducing the likelihood of controversial failure to protect charges. Results also highlight challenges inherent in changing court practices. Research and practice implications are discussed, focusing on relevance to other communities attempting to work collaboratively with the court system.

  14. Overview of Specialized Courts


    This Overview has two primary purposes. First, it provides judicial system officials with the arguments in favor of and in opposition to the creation of specialized courts. Second, it offers recommendations for consideration by judicial system officials when they are deliberating whether to establish specialized courts. This Overview also provides a review of types of specialized courts that have been established in court systems in some countries in Europe and the United States. This review ...

  15. The Right of Access to Court

    Sokol Mëngjesi


    Full Text Available Every person has the right to address the court in order to protect his legal rights, freedom and interests. Access to justice is an important aspect of due process, the absence of which makes inexistent the discussion for respecting the principle of due legal process. Access to the court is a right guaranteed by the Constitution, international acts and is specifically interpreted by the European Court of Human Rights.The right to address the court is not an absolute right. This right can be restricted in cases when there is a due legal aim and the restriction is proportional between the used tools and the aim required to be achieved. Unlike other rights, the right to justice has a particular nature, requiring the relevant rules (deadlines, different procedures, court fees, etc., which are set by the state. However in any case these rules shouldn’t affect the essence of the law itself. In practice there have often been problems, likewise the set of high court fees, the existence of immunity for some functionaries, several criteria (likewise age, ability to act, which have violated the right to address the court. It is not enough that the right to address the court recognized, but it needs to be also effective. In this paper will analyze the right to address the court, as part of due process, cases when this right can be restricted, which is the practice followed by the domestic courts intertwining with the attitude that keeps the European Court of Human Rights.

  16. The United States Supreme Court and psychiatry in the 1990s.

    Ciccone, J R


    In the 1990s, the Supreme Court has decided several cases that have had an impact on psychiatry and psychiatric patients in the criminal justice system, on psychiatric hospitalization, and on psychotherapist-patient privilege. Of the seven cases discussed in this article, Chief Justice Rehnquist and Justice Scalia voted similarly in all seven cases. Since joining the court, Justice Thomas has voted with them. Justice Scalia interprets the Constitution, using what has been termed "textualism": avoid reference to legislative history, and interpret the Constitution according to the plain language meaning of the relevant section. Chief Justice Rehnquist and Justices Scalia and Thomas are inclined to protect states' rights from court decisions that expand US Constitutional power in cases involving civil plaintiffs and criminal defendants. They seek to protect states from being sued in federal courts, and, if there is doubt, lean toward not interfering with state prerogatives. They tend to not find unenumerated rights and prefer clear-cut rules over amorphous standards. Justices Kennedy and O'Connor, at times joined by Justice Souter in the middle of the court, provide the deciding votes in many cases. They seem to prefer a case-by-case pragmatism over a global jurisprudential philosophy. Approaching cases one at a time, they usually avoid broad philosophic pronouncements when they join with Chief Justice Rehnquist. Justice Stevens, joined by Justices Breyer and Ginsburg since they have been appointed to the court, is more likely to favor a broader reading of the 14th Amendment's Due Process and Equal Protection clauses. Of the seven cases, Kennedy and O'Connor voted with the majority in five cases, the dissent in one case (Zinermon v Burch), and split their votes in one case (Foucha v Louisiana, with O'Connor siding with the Court and Kennedy with the dissent). Commager, a noted historian, believed that political issues can be explored, explained, and debated and that

  17. Genetics in the courts

    Coyle, Heather; Drell, Dan


    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

  18. The International Criminal Court

    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....

  19. Supreme Court's New Term. Supreme Court Roundup.

    Williams, Charles F.


    Discusses the issues addressed in the 2002 U.S. Supreme Court term, such as the First, Fourth, Eighth, and Fourteenth Amendments, cruel and unusual punishment, sex offender registries, fair housing, cross burning, jury selection, affirmative action, abortion protests, and copyrights and the public domain. (CMK)

  20. US Supreme Court allows limits on AIDS-related insurance benefits.

    Elliott, R


    In a ruling issued on 10 January 2000 with respect to Doe v Mutual of Omaha Insurance, the US Supreme Court refused to review a lower-court decision allowing an insurance company to limit health-care benefits for AIDS-related claims to less than one-tenth of what it pays under the same policies for expenses related to other illnesses. The lower court had ruled that anti-discrimination legislation does not apply to insurance policies.

  1. International organizations before national courts

    Reinisch, August


    This book presents a radical, empirical investigation of how national courts "react" to disputes involving international organizations, analyzing in particular whether such organizations should be immune to national jurisdictions. Under the headings "domestic legal personality" and "immunity" of international organizations, some of the issues covered have already been treated in international legal scholarship, mostly in the form of short articles or case notes. This study, however, provides a thorough comparative analysis and the largest compilation of relevant decisions on the subject, making it indispensable for practitioners as well as academics in the field.

  2. Indigenous Partner Violence, Indigenous Sentencing Courts, and Pathways to Desistance.

    Marchetti, Elena; Daly, Kathleen


    Mainstream sentencing courts do little to change the behavior of partner violence offenders, let alone members of more socially marginal groups. Indigenous offenders face a court system that has little relevance to the complexity of their relations and lived experiences. Assisted by respected Elders and Community Representatives, Australian Indigenous sentencing courts seek to create a more meaningful sentencing process that has a deeper impact on Indigenous offenders' attitudes and, ultimately, their behavior. Drawing from interviews with 30 Indigenous offenders, we explore the ways in which the courts can motivate Indigenous partner violence offenders on pathways to desistence.

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

    Lydia Terekhova


    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.

  4. Local Courts as Legislators?Judicial Lawmaking by Sub-National Courts in China



    <正>Introduction:Statute Law and Judge-Made Law through the Comparative Lens The relationship between the roles of the legislature and of the judiciary in the development of law in a legal system is a subject of enduring interest.The traditional comparative law scholarship regards the different relationship between statute law and judge-made law,and in particular the different role of the judge,as ones of the"characteristic differences"between the common law and the civil law traditions.[2]In the conventional view,civil law is mostly a codified system where the role of the judge is primarily to interpret and apply a written body of statutes,whereas common law is made and developed in large

  5. What Defines an International Criminal Court?

    Kjeldgaard-Pedersen, Astrid


    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...... be settled according to each court’s constituent document and other relevant sources of law, depending on the legal system to which this document belongs....

  6. The Right to Minority Language Public School Education as a Function of the Equality Guarantee: A Reanalysis of the "Gosselin" Supreme Court of Canada Charter Case

    Grover, Sonja


    This paper concerns a recent Supreme Court of Canada decision dealing ostensibly with the protection of language minority rights. The case, in fact, however, concerns the Court imposing statutory limits on constitutionally guaranteed equality and liberty rights. The Court in the instant case held as constitutional Quebec legislation permitting…

  7. [Consequences of the judgment of the Federal Constitutional Court on the fighting dog problem].

    Hülsenbusch, M


    The Federal Constitutional Court decided with its "Dangerous dog-judgment" about the constitutional complaint of 53 dog breeders on the federal act combating dangerous dogs. This judgment was a so-called Pyrrhic Victory for the appellants. The Court declared the legislative competence of the federal level in this issue for null and void. But the statutory prohibition for breeding Pitbull-Terrier-, American Staffordshire-Terrier-, Staffordshire-Bullterrier-, Bullterrier-races and cross breeding out of this dogs will be governed in police laws by the Laender finally. The Standing Conference of the Ministers for Internal Affairs declared an appropriate recommendation. The use of the category "race" was refused by experts in discussions as completely wrong and not acceptable. But the Federal Constitutional Court reasons that the legislator can use the category "race" within his scope of evaluation and prognostication in accordance with the Constitution for the ban of import of dangerous dogs. The Court demands--because of the weak data background - that the legislator monitors the legislation, to adjust it according to current developments. The Constitutional Court creates with the judgment "dangerous dogs" legal certainty. The jurisprudence of the administrative courts of the Laender and of the Federal Administrative Court based on the category "race" was approved as well as the police laws of the Laender dealing with dangerous dogs.

  8. Nullum Crimen sine Lege in the International Criminal Court



    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.

  9. The Royal Courts of Equity in England in the 16-17 centuries.

    Ilya Strizhakov


    Full Text Available УДК 340.15The subject of research are the courts of England in 16-17 centuries.The purpose of article is to answer the question which courts must be included to a number of "courts of equity".Methodology. Historical analysis of the scientific literature, of the English legislation and judicial practice of the 16-17 centuries.Results. The priority for the Court of Star Chamber was to protect the interests of Royal power and not the rights of people. Moreover, this court did not seek to bridge the gaps of common law. In this regard, his reference to the number of “courts of equity” is incorrect.Star Chamber had a close relationship with the Privy Council. There were no clear boundaries between them during the XVI century. The Star Chamber was the emergency Committee of the Privy CouncilThe purpose of the Court of Requests was to ease social tensions, to create the impression of caring filed emanating from the monarch and the nobility.Despite the fact that the Court of the Requests was conceived as "a court for poor people", it became popular wealthy people under the rule Henry VIII.The Court of High Commission was a court focused on the strengthening of Royal power. In its activities it has been focused on improving the rights of the Kingdom.The Court of Exchequer provided judicial protection for some types of transactions that are not recognized by the common law. In this it is similar to the Chancery Court. Initially, the Court of the Exchequer has been focused on protecting the interests of the crown. Therefore, the function to eliminate the gaps of the common law could not be implemented in full.The Chancery Court, unlike the special courts were required to consider complaints coming from citizens about the inability to get a fair trial.Conclusions. The criteria for judicial institutions to be considered as “courts of equity” are: the purpose of the establishment of the court was to fill gaps in the common law; interference with the

  10. Abortion 1982: the Supreme Court once again.

    Healey, J M


    . Bolton original abortion decisions, the Supreme Court as an institution finds itself at this time at 1 of those many critical junctures with enormous implications for the distribution of power among the 3 branches of government. The abortion cases reflect the conflict over the appropriate roles of the legislative and judicial branches of government in a complex public policy area.

  11. e-ready legislation

    Hvingel, Line; Baaner, Lasse

    of the trustworthiness of administration systems. On the other hand, a successful adaption of legislation to a digital setup could help promote good service towards citizens and businesses, and according to land administration theories maybe even promote societal sustainability in large. Based on studies on Denmark......In general, digital society challenges traditional modes of legislation and rulings. Dissimilar compositions of the legislation and non-comparable spatial representations of the legal content makes traditional legislation unfit for e-Government. Lacking attention may lead to the undermining...

  12. Court-ordered caesareans.

    Prochaska, Elizabeth; Lomri, Sara


    Court-ordered caesarean sections are in the news after a number of recent legal decisions authorising surgery for women who lack mental capacity to consent. The decisions have not always been based on good evidence and they raise serious concerns about the protection of the rights of mentally ill women. The authors explain the legal process and question the wisdom of recent judgements.

  13. Court of Public Opinion

    Oguntoyinbo, Lekan


    It was late on Election Day 2010 and Vander Plaats, a Sioux City, Iowa, businessman and leader of a campaign to oust three Iowa Supreme Court justices, had just gotten word that he and his team had pulled it off. The voters had rejected the three justices up for a retention vote: David Baker, Michael Streit, and Chief Justice Marsha Ternus.…

  14. Supreme Court Roundup

    Williams, Charles F.


    Reactions to the retirement of Justice Sandra Day O'Connor and debate over the president's replacement nomination, Judge John Roberts, Jr., of the D.C. Circuit, dominated this summer's Supreme Court recess. Subsequently, after Chief Justice William H. Rehnquist's death on September 3, 2005, President Bush nominated Roberts for the chief justice…

  15. The Party Members’ Court: judicial control over intraparty disputes in Mexico



    Full Text Available Between 1997 and 2003, in a series of relevant cases, the Electoral Court of the Federal Judicial Branch (ECFJB increased its capacity to adjudicate intraparty disputes. This paper explains how the ECFJB, without a supporting legislation, was able to establish a direct and far reaching control over intraparty disputes such as the election of party leaders, the selection of candidates, or the punishment of party members. Following a strategic behavior approach, I will provide empirical evidence to prove that there was a negative correlation between the level of judicial control over the parties’ internal life, on the one hand, and the vulnerability of the ECFJB from the legislature and party leaders, on the other.

  16. Infanticide or civil rights for women: did the Supreme Court go too far in Stenberg v. Carhart?

    Schmutz, Stephanie D


      In "Stenberg v. Carhart," the US Supreme Court seemed to ignore doctors, legislators and the people of the US by finding unconstitutional Nebraska's statute that banned the use of partial-birth abortions...


    James J. Brudney; Corey Ditslear


    .... Professors Brudney and Ditslear compare how the Supreme Court has relied on legislative history and the canons of construction when construing tax statutes and workplace statutes from 1969 to 2008...

  18. Legislation and regulation



    This document presents the fulfilling of the Brazilian obligations under the Convention on Nuclear Safety. The Chapter 3 of the document contains some details about the Brazilian legislation and regulation, the legislative and regulatory framework, regulatory body and responsibility of the license holder.

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

    Chen, Daniel; Halberstam, Yosh; Yu, Alan C L


    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.

  20. Post-Conflict Reparation: Ukrainian Restitution Remedies for Property and Restitution Complaints before the European Court of Human Rights

    Antsupova, Tetyana


    This article describes the proposed Ukrainian legislation on national remedies for the restitution of property damaged or destroyed during the conflicts in Eastern Ukraine and Crimea. Noting gaps in this proposed legislation, it emphasizes the need for an effective National Strategy for post-conflict reparations and a related Action Plan. The article also analyzes the European Court of Human Rights’ decision in Lisnyy and Others v. Ukraine and Russia, in which the Court ruled inadmissible for...

  1. U.S. Supreme Court refuses to review decision invalidating provisions in Louisiana parental consent law.


    On October 20, 1997, the US Supreme Court refused to review an April decision of the US Court of Appeals finding that parental consent provisions in Louisiana's abortion law posed an unconstitutional "undue burden" on minors seeking abortions. Louisiana has required consent of one parent with a court bypass procedure since the early 1980s, but the legislature amended this legislation in 1995 to give judges wide latitude to deny young women abortions, breach their confidentiality, and permit unspecified time parameters in making a decision. A District Court found the amendments in conflict with established federal court precedent, and the Appeals Courts agreed and also found that the lack of guarantee for a specified time for resolution of a petition was inconsistent with court rulings against such open-ended bypass procedures. The Court also rejected a provision that gave a judge authority to order a young woman to attend evaluation and counseling sessions (again with no time limit) before authorization for abortion would be granted. The panel also struck down a provision that permitted a court to contact the parents of a minor if the court determined that the minor was not mature and that such notification would be in her best interests. It was found that this mandate would unacceptably compromise a petitioner's anonymity.

  2. On court interpreters' visibility

    Dubslaff, Friedel; Martinsen, Bodil

    This paper is part of the initial stage of a larger empirical research project on court interpreting seen as a complex interaction between (at least) three co-participants. The empirical material consists of recordings of interpreted interrogations in court room settings and questionnaires filled...... of the service they receive. Ultimately, the findings will be used for training purposes. Future - and, for that matter, already practising - interpreters as well as the professional users of interpreters ought to take the reality of the interpreters' work in practice into account when assessing the quality...... of the service rendered/received. The paper presents a small-scale case study based on an interpreted witness interrogation. Recent research on the interpreter's role has shown that interpreters across all settings perceive themselves as "visible" (Angelelli 2003, 2004). This has led us to focus...

  3. Legislative Districts - 1990

    Kansas Data Access and Support Center — Each coverage contains a COVER-ID field that defines the House or Senate district number. Kansas House and Senate districts were created by the Legislative Research...

  4. Fundamental Soviet Labor Legislation

    Brown, Emily Clark


    The crucial assumption underlying new Soviet legislation is the existence of common interest of workers and management in production; stressing cooperation, consultation, and creative participation and an increase in the role of trade unions in decision making. (Editor)

  5. Japan’s Supreme Court Discourse and Lifetime Employment

    Tackney, Charles T.; Sato, Toyoko

    to employee participation in managerial prerogative. The comparative social policy aim is to examine and account for observed employment relations variance in the U.S. and Japan, given their similar labor legislation. Japan’s Supreme Court recognizes lifetime employment as an institutionalized practice and we......'s participatory employee relations system contrasts sharply with recent U.S. state-based legislative assaults on long-standing collective bargaining, particularly for public sector unions. The concept of cultural cognition, recently deployed in legal studies to account for domestic U.S. risk, public policy......Our study explores cultural cognition in comparative U.S. – Japan employment relations through interdisciplinary analysis of Japanese Supreme Court regulation of the post-World War II lifetime employment system and the latest data available on Japan's collective bargaining-based approach...

  6. Child’s right to be Heard in Chilean Family Courts: Confidential Hearing

    Elena Salum Alvarado


    Full Text Available This work addresses the views family court judges have on The Right of Children to be heard (0-14 years and the importance they give this as one of the components of the Best Interests of the Child. This qualitative study is framed into the empirical Legal Sociology. To this effect, semi structured interviews to Family Court Judges were applied, focusing on Family Courts processes, specifically in the Confidential Hearing Audience. We argue that there would be a misalignment between the legislation which aims to give life to the Convention on the Rights of the Child’s guiding principles and Family Courts, specifically, on how this legislation plans on implementing the right to be heard.

  7. Paradigm shift in transport legislation or rather at the 'bottleneck'; Paradigmenwechsel im Befoerderungsrecht oder am 'Flaschenhals'

    Naeser, Hanns [GNS Gesellschaft fuer Nuklear-Service mbH, Essen (Germany)


    In the year just started significant decisions with considerable consequences by the Federal Constitutional Court and the Federal Administrative Court in the field of nuclear law are expected. Especially the decision with regards to 'nuclear phase-out' within the 13th amendment of the Atomic Energy Act is being eagerly expected, as with its far-reaching consequences also fundamental constitutional questions need to be answered. The Federal Administrative Court will need to decide on the question, whether she admits the appeal against the Brunsbuettel decision by the Higher Administrative Court Schleswig-Holstein (HAC), which from the view of claimant shifted the fundamental basis of demarcation of responsibilities between the executive and judiciary power. In comparison to these fundamental decisions the awaited decision by the HAC on nuclear transport legislation seems of subordinate importance, although she will proceed with a paradigm shift in the legal area. The decision deals with the question as to whether and when a right of action from a third party within the nuclear transport legislation can be accepted or more precisely under which preconditions a third party has clear standing against a nuclear transport authorisation. As the site selection law (issued on 23 July 2013 BGBI I p. 2552) excludes the recirculation of vitrified waste block canisters from reprocessing spent fuel elements to the transport cask storage facility Gorleben, the decision by the HAC Lueneburg for this site will only be relevant for present unpredictable transportations from the transport cask storage facility Gorleben to a final repository. If necessary interest to seek a declaratory judgment for declaratory action, in concreto danger of recurrence will be approved, is another matter.

  8. Finding and Visualizing Dutch Legislative Context Networks

    Winkels, R.; Boer, A.


    This paper describes preliminary research on automatically determining relevant context to display to a user of a legislative portal given the article they are retrieving, purely based on ‘objective’ criteria inferred from the network of sources of law. Two prototypes doing this, visualizing the res

  9. Equality, Legal Certainty and Tax Legislation in the Netherlands
    Fundamental Legal Principles as Checks on Legislative Power: A Case Study

    Hans Gribnau


    Full Text Available Fundamental legal principles may function as a check on legislative power protecting citizens against arbitrary interferences with their liberty. This contribution deals with the principle of equality and the principle of certainty. First, the testing of legislation against the principle of equality is presented as a case study of constitutional review. In the Netherlands, the constitutional dialogue between the legislator and the Dutch Supreme Court revolving around the principle of equality demonstrates a fair amount of subtle details. As a result, constitutional review can hardly be called an all or nothing affair.Secondly, retroactive tax legislation is dealt with. The legislator does seem to take the principle of legal certainty, another fundamental legal principle, quite seriously, although no testing of statutory legislation is possible by the courts. With regard to retroactive tax legislation the Government has committed itself in a memorandum, requested by Parliament, to adhere to rules of conduct with regard to different situations where it deems retroactive tax legislation to be justified. Thus, a soft law instrument facilitates a dialogue between different partners in the business of law-making.

  10. Equality, Legal Certainty and Tax Legislation in the NetherlandsFundamental Legal Principles as Checks on Legislative Power: A Case Study

    Hans Gribnau


    Full Text Available Fundamental legal principles may function as a check on legislative power protecting citizens against arbitrary interferences with their liberty. This contribution deals with the principle of equality and the principle of certainty. First, the testing of legislation against the principle of equality is presented as a case study of constitutional review. In the Netherlands, the constitutional dialogue between the legislator and the Dutch Supreme Court revolving around the principle of equality demonstrates a fair amount of subtle details. As a result, constitutional review can hardly be called an all or nothing affair.Secondly, retroactive tax legislation is dealt with. The legislator does seem to take the principle of legal certainty, another fundamental legal principle, quite seriously, although no testing of statutory legislation is possible by the courts. With regard to retroactive tax legislation the Government has committed itself in a memorandum, requested by Parliament, to adhere to rules of conduct with regard to different situations where it deems retroactive tax legislation to be justified. Thus, a soft law instrument facilitates a dialogue between different partners in the business of law-making.

  11. Intercultural pragmatics and court interpreting

    Jacobsen, Bente


    . The court interpreters are all state-authorized court interpreters and thus fully competent professionals.   The centrality of pragmatics in triadic speech events has been demonstrated by a number of studies (e.g. Berk-Seligson 2002, Hale 2004, Jacobsen 2002). Thus, conversational implicatures, which...

  12. Chinese court case fiction

    Hansen, Kim Toft


    Western history of crime fiction usually designates Edgar Allan Poe as the undisputed father of the detective story. Crime fiction is, hence, generally associated with incipient modernity and modern societies and cityscapes. Sir Arthur Conan Doyle even asks: Where was the detective story until Poe...... breathed the breath of life into it? The usual answer is that crime fiction, in fact, was invented by Poe, but another counter-view is that China – at that point – had had a long narrative tradition for stories about crime and detection. The socalled gongan genre – court case fiction – was probably...... sinological sources introducing a revised introduction of crime fiction on the world’s literary scene. So to answer Doyle’s question about crime fiction before Poe: Crime fiction may have been in China....

  13. Evaluating Court Performance: Findings from Two Italian Courts

    Luis Lepore


    Full Text Available This study is part of a wider research project aimed at developing and testing a Performance Measurement System (PMS for courts based on a Balanced Scorecard (BSC framework. The current study represents an initial effort to describe results of a performance measurement attempt that may suggest some challenges in developing a comprehensive PMS for courts. We have tried to assess the performance in two Italian courts focusing on three issues: efficiency measures (clearance rates, case turnover, and disposition time, culture assessment, and Information Systems (IS success. Our findings provide some useful and interesting insight for researchers and practitioners.

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

    Freckelton, Ian


    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…

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

    Freckelton, Ian


    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…

  16. Draft Legislative Proposals

    Turcan, Romeo V.; Bugaian, Larisa; Niculita, Angela;


    This chapter proposes legislative proposals for restructuring and modernization of Higher Education (HE) in Moldova. It is based on (1) the analysis of the institutional university autonomy in Moldova; (2) the benchmark analysis of institutional university autonomy in Denmark, Lithuania, Romania......, Scotland and Sweden; (3) the on-going analysis of the current situation of institutional university autonomy in Moldova, including the on-going analysis and review of the Code of Education; and (4) the European Commission agenda for the modernization of higher education. The chapter identifies...... the objectives of the legislative proposals; discusses risks and challenges that HE in Moldova faces today and in the next 10-15 years; identifies expected outcomes; identifies basic principles on which the process will be founded; proposes a new structure for the HE sector; offers an example...

  17. 2013 environmental health legislation.

    Farquhar, Doug; Ellis, Amy C


    The NEHA Government Affairs program has a long and productive association with the National Conference of State Legislatures (NCSL). The organizations have worked together on any number of legislative and policy areas that directly impact the environmental health profession. One of the keys to the successes of the NEHA/NCSL collaboration has been the recognition of the fact that often some of the most significant legislation and policy initiatives related to environmental public health occur in state legislatures. The states have, in a very real sense, been the innovators in developing new programs and practices. In recognition of this fact, we have asked NCSL to provide occasional overviews of state environmental public health legislative activity, covering topics that are of the most pressing public concern. Doug Farquhar, program director for NCSI's Environmental Health Program, has worked with NCSL since 1990. Mr. Farquhar directs development, management, and research for the Environmental Health Program. These projects encompass consultation and policy analysis of state and federal policies and statutes, regulations, and programs regarding environmental and related topics for state legislatures and administrative programs. Amy Ellis is a law clerk for NCSL within the Environment, Energy, and Transportation Group. As a law clerk she has researched a wide variety of environmental health policies. She is expected to obtain her JD from the University of Colorado Law School in 2015.

  18. Court Remands as a Percentage of New Court Cases Filed

    Social Security Administration — Longitudinal report detailing the numbers and percentages of court remand actions received during each Fiscal Year 2010 - onward as compared to the total number of...

  19. State legislators' intentions to vote and subsequent votes on tobacco control legislation.

    Flynn, B S; Dana, G S; Goldstein, A O; Bauman, K E; Cohen, J E; Gottlieb, N H; Solomon, L J; Munger, M C


    The predictive validity of state legislators' behavioral intentions in relation to their votes on tobacco control legislation was assessed by using the theory of planned behavior (I. Ajzen, 1991). Intentions to vote for cigarette tax increases were measured through interviews in the summer of 1994. A bill containing cigarette tax increases was considered about 8 months later. Votes were compared with intentions and were found to be consistent for 78% of these legislators (N = 120). Multiple logistic regression analyses showed a strong independent relationship between intentions and voting and a similar effect of political party; results suggested but did not confirm that votes were predicted by interactions between intentions and perceived control. Legislator surveys that use this conceptual model can provide results relevant to understanding tobacco policy development.

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


    analysis of the relevant provisions of the law and literature, it is argued that ... light on the exercise of their jurisdiction and on their relationship with courts of .... Ethiopia, and it had a significant influence in the political and legal traditions of ...... a reaction of identity group's active resistance to external forces of change and.




    Full Text Available Taxation is a fairly important field in the relationship between taxpayers and tax authorities, especially given the frequent changes in specific legislation. Legislative changes affect the patrimonial position of the taxpayers, but also their behavior, therefore this phenomenon is important to advise those interested and also to analyze the changes resulting from changes in tax legislation. This paper aims to meaningfully present the latest legislative changes and to analyze their influences on taxpayers and on budget revenues from taxes subject to change. The research methodology is based on comparison and inference, based on previous analyzes for such studies on the tax system. In the literature there are known ways and methods of increasing the tax burden and, based on these variables, in the present paper we will highlight the particular influences on the taxpayer’s , loaded by weight imposed by the official distribution of the tax burden. The implications of legislative changes in tax matters should be sought in the innermost chord of taxpayers and also in the increasingly large and patched pockets of the modern state. In the first place, we will point out the implications on changing tax procedures, in terms of the workload for the taxpayer and the tax collectors. By accurately and relevantly analyzing the influences generated by such changes, the author aims to demonstrate the harmful influences of some changes in terms of discouraging investments and honest labor.

  2. First Year at Somerset Court

    Elgar, Sybil


    Twenty-three autistic adolescents are currently being provided with individualized programs of education, social and work experience at Somerset Court, the first British residential center of its kind. (LH)

  3. How far may Colombia’s Constitutional Court go to protect IDP rights?

    Manuel José Cepeda-Espinosa


    Full Text Available In 2004 Colombia’s highest court declared that the inhumaneliving conditions of the country’s IDPs were ‘unconstitutional’and ordered the authorities to take action. Colombia has,arguably, the world’s most progressive IDP legislation butcan the state guarantee IDPs their constitutional rights?

  4. "California v. Greenwood" Moot Court Simulation.

    Hess, Diana


    Provides a moot court activity in which secondary students re-enact the U.S. Supreme Court case "California v. Greenwood," concerning the exclusionary rule and the privacy of a citizen's trash. Students role-play Supreme Court justices and attorneys to gain an understanding of how appellate courts operate. (LS)

  5. Three Years of Teen Court Offender Outcomes

    Forgays, Deborah Kirby


    Since 1983, Teen Courts have offered a judicial alternative for many adolescent offenders. In the first year of the Whatcom County Teen Court Program, a small sample of Teen Court offenders had more favorable outcomes than did Court Diversion offenders. In the current study, the results are based on a three-year sample of 84 Whatcom County…

  6. Court interpreting and pragmatic meaning

    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....

  7. Legal Principles and Legislative Instrumentalism

    Gribnau, J.L.M.; Soeteman, A.


    Instrumentalist legislation usually underestimates the importance of legal principles in modern law. Legal principles are the normative core of a value oriented conception of law. They function as essential criteria of evaluation for lawmaking by the legislator and the executive. In fact, legislator

  8. The Impact of Legislation and Litigation on Discipline and Student Behavior in the Classroom

    Yell, Mitchell L.; Rozalski, Michael E.


    In this article, the authors examine the effect of legislation and litigation on the discipline of public school students. The authors explore how the courts have influenced discipline in schools, discuss the laws that affect discipline, provide a brief overview of students' rights in public schools, discuss the discipline of students with…

  9. The Thirteenth and Fourteenth Amendments: Constitutional Authority for Federal Legislation Against Private Sex Discrimination

    Calhoun, Emily


    Court cases are cited to indicate that twentieth century federal legislation does not prohibit private discrimination based on sex as rigorously as it does that based on race. Enforcement measures afforded by the thirteenth and fourteenth amendments are noted. For journal availability see HE 509 251. (LBH)

  10. Reform of environmental and water legislation; Ympaeristoe- ja vesilainsaeaedaennoen uudistus

    Siivola, L. [Laensi-Suomen vesioikeus (Finland)


    The 1962 Water Act collated all the water statutes within one and same Act, thus providing an overall view of the effects of projects on water courses. The final decision in matters pertinent to petitions, disputes, offences and executive assistance was passed to the water rights courts. A reform of the water and environmental legislation is to come into force on I March 2000. The handling of water cases will then proceed in the opposite direction. The water rights courts will be abolished and water issues will be handled by administrative officials. The provisions concerning pollution will be transferred from the Water Act to the Environmental Protection Act. The Water Act will then only contain provisions referring to water management. The Environmental Protection Act will prescribe the integrated handling of discharges to the air, water and soil. The water rights courts will be replaced by environmental authorities offices which will deal with the above issues, water management petitions and certain environmental permit matters. Issues pertinent to environmental permits will also be handled by regional environment centres and local environmental authorities. The handling of disputes and criminal cases will be taken over by district courts. (orig.)

  11. Congress, Ex Parte Young, and the Fate of the Three-Judge District Court

    Michael E. Solimine


    Full Text Available In 1908 the Supreme Court held in Ex parte Young that a federal judge could enjoin a state attorney general from enforcing an unconstitutional state statute, notwithstanding sovereign immunity doctrines, which would normally bar such relief. The case was sharply criticized at the time as another example of an activist federal judiciary striking down Progressive Era regulatory legislation. Congress enacted legislation requiring that Ex parte Young injunctions only be issued by a specially convened three-judge district court. Despite the initial hostility, as has been recounted by Owen Fiss, William Ross, and other scholars, the injunctive power recognized in the case came to be regarded as a powerful and necessary tool to enforce federal civil rights laws, especially in the face of recalcitrant state authorities. In contrast, the history of the three-judge district court has received less attention and has had a different arc. During the Civil Rights era, some federal judges, particularly in the Deep South, were perceived as being hostile to the enforcement of federal law, and a three-judge court was considered by many to be a necessary tool to marginalize such judges and optimize enforcement of federal legal norms. The federal judiciary itself later questioned the court’s usefulness due to the administrative burdens of convening such courts, and the perception that their role in enforcing federal law was no longer necessary. Responding to those concerns, and over the opposition of the NAACP, Congress in 1976 sharply restricted the jurisdictional coverage of the court. The changes in the three-judge district court demonstrate the importance of appreciating the motivations and effects of Congressional regulation of the institutional structures of the federal courts and that of interest groups in influencing Congress.

  12. [The role of the court system in regulating health insurance plans in Brazil].

    Alves, Danielle Conte; Bahia, Ligia; Barroso, André Feijó


    Consumer complaints against private health insurance plans and companies in Brazil have become increasingly frequent in the country's 'supplementary' (non-public) health care sector, with numerous cases reaching the courts. The problem raised the need for regulation of this private market, which began in 1998, through Law no. 9.656. One of the challenges faced by the National Agency for Supplementary Health Care (ANS) is resistance to the legislation by health insurance companies, besides the fact that there are still some contracts not covered by this law. The objective of the current study was to analyze health insurance policyholders' appeals against court rulings for or against injunctions concerning coverage, in cases heard by the courts in Rio de Janeiro and São Paulo. The main data investigated were: court issuing the ruling; defendant; basis for the case; ruling by the Circuit Court and Court of Appeals; and the legal arguments. Based on the findings, the Brazilian court system still plays an important role in hearing and ruling on complaints by health insurance policyholders. The ANS has an important role in filling some gaps that have still not been solved in regulating the health insurance industry.

  13. Teen Court: A National Movement. Technical Assistance Bulletin No. 17.

    Nessel, Paula A.

    Teen courts have gained in popularity in the 1990s. These courts include youth courts, peer juries, peer courts, student courts, and other courts using juveniles to determine the sentences of juvenile offenders. The courts issue sentences that are carried out in a school or community setting and generally involve community service, jury duty,…

  14. Teen Courts and Law-Related Education. ERIC Digest.

    Nessel, Paula A.

    Teen courts have gained in popularity in the 1990s. These courts include youth courts, peer juries, peer courts, student courts, and other courts using juveniles to determine the sentences of juvenile offenders. The courts issue sentences that are carried out in a school or community setting and generally involve community service, jury duty,…

  15. European social model and the harmonization of Macedonian labour legislation with the European Union community labour law

    Kalamatiev Todor


    Full Text Available The European integration process accompanied by the harmonization of the EU member states' legislation will inevitably lead to the establishment of a European social model which has a 'sui generis' legal nature. European social model forms a part of the common legal heritage of the European countries and it can be defined as a system of values that include democracy and individual rights, free collective bargaining, market economy, equal opportunities for all, and social protection and solidarity. Subject of analysis in this paper are both, the essential components of the European social model such as: the social 'acquis communautaire' and the European industrial relations. The social 'acquis communautaire' is an integral part of the general 'acquis communautaire' and it encompasses the regulations arising from the primary and secondary labour law legislation of the EU, decisions of the European Court of Justice and other legal measures of the European Union with a binding or non-binding legal nature. European industrial relations encompass the key features of the European trade union models as well as the types of social dialogue in different EU member states. This paper pays attention to a profound elaboration of the harmonization of two EU labour law directives with the Macedonian employment legislation. The first Directive (Directive 91/533/EEC of 14 October 1991 on an employers' obligation to inform employees of the conditions applicable to the contract or employment relationship may be classified in the field of individual employment relations, while the second one (Directive 2002/14/EC of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community can be subsumed within the field of collective employment relations. Finally, the authors illustrate the advantages and disadvantages of the Macedonian labour legislation in the process of harmonization with the relevant EU directives

  16. Woman's Right to Know Act: a legislative history.

    Stam, Paul


    This article provides a comprehensive legislative history of North Carolina's Woman's Right to Know Act of 2011. The Act requires informed consent and a mandatory twenty-four hour waiting period for abortion, thus protecting a woman's right to make an informed choice. Informed consent provisions and mandatory waiting periods give individuals making decisions the information and time necessary to make informed choices. The Act further provides that an ultrasound be performed and explained no less than four hours and no more than seventy-two hours before the abortion. The article first provides a brief overview of sources of legislative history recognized in North Carolina. It then details the history of the Woman's Right to Know Act, from the first informed consent bill introduced in 1981, to the passage of the 201l law, and to the federal court case that followed. Finally it provides specific objections that were raised against the bill and responses to each. Legislators considering similar legislation need to be aware of the opposition they inevitably will encounter when passing such a bill. The author expects that this history and the ultimate success of North Carolina will encourage other states' legislators and lawyers and give them the tools to make their case effectively.

  17. From the Statehouse to the Schoolhouse: How Legislatures and Courts Shaped Labor Relations for Public Education Employees during the Last Decade.

    Strom, David J.; Baxter, Stephanie S.


    Examines six state and federal legislative developments and related court cases that have shaped employment relations in public schools in the 1990s: state takeovers and reconstitutions, vouchers and tuition tax credits, charter schools, legislative efforts to restrict the scope of bargaining, elimination of tenure, and restrictions on the…

  18. State Legislative Support for Parks

    Judy Kruger


    Full Text Available Background: Parks are important venues that can encourage population-level physical activity, and policy legislation can facilitate or discourage physical activity and other park uses, depending on the type and level of support. This study aims to summarize the status and content of state-level park-related legislation. Methods: We searched for eligible legislation from 2001–2007 in two data sources, CDC’s Nutrition, Physical Activity and Obesity Legislative Database and Lexis-Nexis, using the key words conservation, growth management/land use, parks, recreation, preservation, path, green space, or open space. State legislation was categorized into seven broad topic areas and analyzed by number introduced and passed (enacted as law, by state and category. Results: States varied in the number and type of park-related legislation introduced and passed. Common categories of introduced park-related state legislation were preservation or conservation (n = 26, 9 passed, funding (n = 43, 10 passed, creation or acquisition of park land (n = 53, 9 passed, safety and liability (n = 34, 5 passed, accessibility (n = 20, 2 passed, outreach (n = 15, 2 passed, and outdoor activities (n = 13, 2 passed. Conclusion: During 2001 to 2007, 19% of park-related state legislation was enacted. Research on legislative policy is an emerging field, and more information on the content of park-related legislation could assist states in their efforts to promote physical activity in park venues.

  19. English as a Court Language in Continental Courts

    C. Kern (Cristoph)


    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 idea

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

    Simović Miodrag N.


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

  1. Health manpower legislation.

    Hoopes, J E


    In response to the desires of Congress, medical schools dramatically enhanced their ability to perform biomedical research and to educate health professions personnel. Initially, Congress viewed health professionals as a national resource in terms of being willing to subsidize their education. Congress continues to view the health professions as a national resource, but the philosophy of Congress has become substantially modified: Congress is unwilling to subsidize the education of physicians, but perceives that it must regulate their specialty and geographic distribution. Medical students and medical schools have, in a major sense, been left "holding the bag." A cogent argument can be offered that the natural history of health-care evolution has been confused by excessive meddling with the system. Additional legislatively induced confusion should not be imposed, at least until the results of the previous meddling have been observed. Unfortunately, the foregoing presentation raises considerably more questions than it answers: Medical schools: What will be the source(s) of financial support? Medical students: What will be the impact of tuition indebtedness? Practicing physicians: What will be the result(s) of severe competition? Health professions educational institutions must address fundamental issues concerning their financial survival. That is, will they accept the carrot-and-stick philosophy and pursue federal funding? or will they seek financial independence toward the goal of assuming responsibility for their own destiny? The philosophy of federal funding "without strings attached" does not exist.

  2. Court representation in Russia before 1917 (historical aspect

    Konstantin V. Ilyashenko


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

  3. Beyond court digitalization with ODR

    Dory Reiling


    Full Text Available “I felt so sorry for you, such a lovely tool, and then you have no users!” This was one of the comments after my presentation of the eKantonrechter at ODR2016, organized by HIIL in the Hague in May 2016. ODR, online dispute resolution, was presented as a tool to solve all problems in the 4th Trend Report by HIIL after the conference. A weblog, however, commented that ODR had raised hopes in its early promoters, but had not really taken off. ODR is a tool to help parties in de dispute resolve their problem. There are various examples of ODR tool: supporting double blind bidding to determine a sum of money, working out divorce settlements, negotiating a solution and taking a case to court. Interesting research questions abound in the area of ODR and its users: What paths do people take when trying to resolve a problem? How can people have ownership of their court procedure? How can solutions, ODR and court procedures, best be tailored to the type of problem? The article describes the development of the e-Kantonrechter, a digital small claims procedure, as an example. ODR and its users is a field in which law and society researchers can effectively contribute to improving digital problem solving and dispute resolution procedures in court.

  4. Introduction: Staying Out of Court

    R. van Swaaningen (René)


    textabstractThe ways court procedures can be avoided is a classical theme in socio-legal studies and criminology. The preface to a book published on that theme by the Erasmus School of Law in 1988, on the occasion of its 25th anniversary, covers the then dominant view very well: ‘They [people who ad

  5. International Justice through Domestic Courts:

    Tang, Yi Shin


    of Human Rights immediately followed with an opposing view in the Araguaia case, declaring that the amnesty law lacks effect under the American Convention on Human Rights. Brazilian society now faces an unprecedented challenge: can it expect its domestic courts to implement such international obligations...

  6. Pragmatics in Court Interpreting: Additions

    Jacobsen, Bente


    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...... of an investigation regarding one kind of interpreter modification in particular: additions. The investigation was undertaken for a doctoral thesis....

  7. The Camera Comes to Court.

    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…

  8. Introduction: Staying Out of Court

    R. van Swaaningen (René)


    textabstractThe ways court procedures can be avoided is a classical theme in socio-legal studies and criminology. The preface to a book published on that theme by the Erasmus School of Law in 1988, on the occasion of its 25th anniversary, covers the then dominant view very well: ‘They [people who ad

  9. Student Rights and the Courts.

    ERIC Clearinghouse on Educational Management, Eugene, OR.

    This chapter of "The Best of the Best of ERIC" contains 17 annotations of documents and journal articles on student rights and the courts, all of which are indexed in the ERIC system. Materials on sex discrimination, suspension and expulsion, due process, mainstreaming, school publications, and other topics are annotated. (DS)

  10. Professionalism in court

    Hutchins, John C.


    Summary Serving as an expert witness can be a rewarding experience. It affords the neurologist the opportunity to contribute expertise to the legal system's pursuit of justice and benefits the public interest. However, serving as an expert witness without understanding and incorporating relevant professional and specialty guidelines concerning expert witness testimony can place the neurologist at risk. The American Academy of Neurology has established standards governing expert witness testimony and a disciplinary process to respond to complaints of violation of its standards. Increased understanding of and adherence to these qualifications and guidelines, coupled with an awareness of how the legal system differs from clinical practice, will better equip neurologists serving as expert witnesses and minimize their professional risk when doing so. PMID:25279255

  11. Outdoor recreation in forest policy and legislation

    Mann, Carsten; Pouta, Eija; Gentin, Sandra;


    The benefists of outdoor recreation and the need for recreation inventories and monitoring are described in various policy and legislation documents at the European level. The objective of this paper is to analyse how these recreational aspects are reflected at the national level in core forest...... in the field of outdoor recreation, and reveal similarities, differences, gaps and future needs. Among the main findings is a contradiction between the expressed political importance of outdoor recreation at the national level, and the absence of binding commitments for action. The majority of the countries...... surveyed recognise and express outdoor recreation in some form of political and/or legislative way. However, recreation monitoring or measurements are rarely mentioned in relevant policies or acts at the national, regional or local level, perhaps due to a l ack of political will or resources. The analysis...

  12. Drug-Exposed Infant Cases in Juvenile Court: Risk Factors and Court Outcomes.

    Sagatun-Edwards, Inger; Saylor, Coleen


    This longitudinal study of social services and juvenile court files identified factors associated with court outcomes for drug exposed infants (N=118). Regression analysis suggested that mothers' compliance with court orders was the major predictor of court outcomes although chi square analysis found ethnicity, past referrals, and criminal record…

  13. Does the justice concur witn court adjudication of criminal case?

    Berova D.M.


    Full Text Available Two formulas are confronted in the article: “justice in the Russian Federation is administered only by court” and “court adjudicates criminal cases”. Different scientific standpoints are analyzed. The viewpoint on justice as any court procedural activity (including pre-trial control of preliminary investigation bodies and arguments justifying it are studied, notably justice is not only judicial proceeding and conclusion on guilt and liability, but also deciding issues on arrest, search, taking other measures of criminal procedure constraint. The author proposes to consider justice in its direct meaning and in the narrow sense as the court activity on trying and adjudicating criminal cases. The rest of the court’s functions including the function of pre-trial control of preliminary investigation bodies cannot be considered as justice. The criminal case adjudication totally concurs with justice, and “justice” remains the priority legislative term. It is proved that justice as criminal case adjudication begins in the stage of preparing for judicial sitting, but it is executed in all the following degrees of jurisdiction and also when reopening the case due to newly discovered facts. In such cases reversal and revision of a sentence are possible, which is court’s prerogative forming a justice function. The judicial proceeding in the stage of executing a sentence is not considered as justice because in this case the sentence is not reversed or revised, its legality and validity are not examined and questioned, but execution of punishment can be amended.

  14. The Court in the Homeric Epos

    Loginov, Alexandr


    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…

  15. Some considerations of authority of the courts

    Žaklina Harašić


    We are showing that some solutions of Croatian lawmaker means exception from the principle of European-continental law in which decisions of higher courts binds lower courts because of their quality, so there are some types of binding decisions of higher courts which have “de facto” effect of precedents.

  16. Court Decisions Go Online in Beijing


    A website has been initiated by the BeijingHigher People's Court to help people search andreview the documents of judicial decisions onintellectual property rights(IPR)cases handled bythe courts in Beijing at various levels.A chief judge from the Beijing Higher People'sCourt said that all of the judicial documents of the


    Haim Sandberg


    Full Text Available Civil Law codices are analytic, abstract and removed from the specific influence of particular cases. When rules are codified In Common Law systems they reflect a collection of rulings and not a collection of analytic principles. These differences stem from the nature and the motivations of the legislative enterprise. Civil-continental legislation originates in a legislative initiative “from above”. It is driven by the aspiration for legal harmony and completeness, and was originally formulated by academics. Legislation in the common-law countries results from a "bottom up" effect in which reality dictates the nature of the developing rules, step by step.Civil law systems like Common Law systems accept the supremacy of the statutory law over judge-made law. Yet when the judiciary has the authority or the power to influence the legislative agenda there is a veritable role switch. In a manner resembling continental-style legislation, the court reviewing existing legislation determines an abstract principle, usually in reliance on a particular constitutional text, and it is the legislature that is required to distill the principles into specific legislative norms, a function normally fulfilled by the common law court. The question forming the basis of this paper is the nature of the legislative process and the legislation produced by this kind of relationship. The paper addresses this question through the narrow prism of a detailed examination of a particular Israeli test case in which the Israeli Supreme Court handed down a ruling on a fundamental principle but on its own initiative delegated to the legislature the task of implementing it and providing a specific legislative enactment of this principle, on the basis of which the Court would then rule on the concrete case. The result in this particular case was that the traditional roles of the respective branches were reversed. The practical result of the move to delegate the implementation of

  18. Check List for Legislators: Towards a Canadian Approach to End-of-Life Choices.

    Chipeur, Gerald


    In this article, the author reviews Supreme Court of Canada and European Court of Human Rights case law to identify the factors the Parliament of Canada should take into account when it creates legislation regulating physician-assisted suicide. He also highlights the Criminal Code provisions that currently govern the provision of assistance in a suicide. The author concludes that the Charter of Rights and Freedoms requires a unique Canadian approach to the subject of physician-assisted suicide--an approach that provides adequate safeguards to protect the vulnerable, adequate oversight to ensure transparency, and adequate accommodation for the ethical and moral concerns of physicians to respect their human rights.

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

    Rajić Nataša


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


    Naiara Posenato


    Full Text Available The Inter-American system for the protection of human rights recognizes the importance of freedom of expression for democratic systems. The analysis of the Inter-American Court of Human Rights (IACtHR case law shows that it is probably the regional framework that provides the greatest scope and the broadest guarantees of protection to the right to freedom of thought and expression. Based on American Convention on Human Rights and on other relevant legislative instruments and, above all, in light of their prevailing interpretation by the aforementioned Court, this brief analysis is intended to clarify, with some comparative insights, the main features and the peculiarities of the regional system protection of the right to freedom of expression. In particular, it will consider the types of speech deserving special protection due to their importance for the exercise of other human rights or for the maintenance and the strengthening of democracy and, by contrast, the conditions according to which restrictions to freedom of expression are admitted by the Inter-American system. Keywords: Freedom of expression. Press freedom. Inter-American Court of Human Rights (IACtHR. European Court of Human Rights (ECHR. Case-law. Protected speech. Balacing human rights. National security.

  1. Albanian veterinary legislation and its approximation with acquis communautaire.

    Xhelil Koleci


    Full Text Available After the signing of the Stabilization and Association Agreement with the European Union and its ratification by all member states, Albania has made serious efforts towards the harmonization and approximation of its legislation, to align it more with the standards of the member countries. Setting of new game rules makes Albanian society walk safer in a process of integration, where the EU principles are inserted even better in domestic laws. Core legislation, food safety and veterinary fields, are some prerequisites that Albania should meet in its way towards full membership in the EU. For a long time now, Albania has been establishing new food and feed standards and all its actions are in full compliance with EU regulations and directives. In addition to adequate policies to enforce better the current legislation in respect with an effective consumer protection, it is worth mentioning full reforming and streamlining of functioning institutions in the framework of food safety.The veterinary legislation is a main discipline of veterinary medicine regulating veterinary service relations with food business operators. It establishes legal criteria and standards for animal health and welfare protection, public health, food safety and other related areas. ‘Acquis communautaire’ refers to the EU’s total body of legislation, i.e. everything from treaties to directives, the case-law of the Court of Justice, declarations and international agreements, etc. When a new member country is to be admitted to the EU, the point of departure is that it must satisfy the entire body of rules and regulations, i.e. the ‘acquis communautaire’ or the ‘acquis’ as it is also known, from the first day of membership. As a candidate country Albania should accept acquis communautaire before joining the European Union. Currently, Albania is undergoing the process of harmonization, approximation and transposition of acquis to the domestic legislation.

  2. The Special Court for Sierra Leone

    Damgaard, Ciara Therése


    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...

  3. Supreme Court rejects challenge to FACE.


    On October 7, the US Supreme Court declined to hear Skott vs. US, a case challenging the Freedom of Access to Clinic Entrances Act (FACE). The 1994 law makes it a federal crime to use or attempt to use force, threat of force, or physical obstruction to injure, intimidate, or interfere with reproductive health care providers and their patients. The case came to the High Court after the US Court of Appeals for the Seventh Circuit overturned an earlier district court ruling and upheld the constitutionality of the federal statute in December 1995. Six Wisconsin anti-choice protestors, who had been arrested in September 1994 after participating in a blockade of a Milwaukee women's health facility, had successfully petitioned the US District Court for the Eastern District of Wisconsin to dismiss criminal charges based on FACE. While the district court held that Congress had no authority under the Commerce Clause or under the Fourteenth Amendment of the US Constitution to enact FACE, the appellate panel found that the lower court had not given sufficient consideration to congressional findings that the activities restricted by FACE substantially affect interstate commerce and are subject to the regulatory power of Congress. FACE has been upheld by the US Courts of Appeal for the Fourth, Eighth, and Eleventh Circuits and eleven federal district courts. Two district courts have found the law invalid. This marks the third time the High Court has refused to hear a challenge to the law.

  4. Legislation hampers medical research in acute situations

    Thomsen, Jakob Hartvig; Hassager, Christian; Bro-Jeppesen, John


    INTRODUCTION: Informed consent in incapacitated adults is permitted in the form of proxy consent by both the patients' closest relative (next of kin, NOK) and general practitioner (GP). In research in acute situations not involving pharmaceuticals, Danish legislation allows for randomisation...... situations. The Ethics Committees' approval of the trial justified by their competence and authority, combined with the NOK´s insight into the patient's wishes may be a relevant and feasible alternative to the current consent procedure. FUNDING: This work was supported by the European Regional Development...

  5. National Courts and EU Law

    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...... rights in the area of freedom, security and justice. The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics. With its new legal and empirical assessment covering the newest member states of the EU......, 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....

  6. Legislative Prohibitions on wearing a headscarf: Are they justified?

    Fatima Osman


    Full Text Available A headscarf, a simple piece of cloth that covers the head, is a controversial garment that carries various connotations and meanings. While it may be accepted as just another item of clothing when worn by non-Muslim women, it is often the subject of much controversy when worn by Muslim women. In recent years the headscarf has been described as a symbol of Islam's oppression of women and simultaneously of terrorism. As the debate regarding the acceptability of the headscarf in the modern world continues, an increasing number of states have legislated to ban the wearing of the headscarf. This article critically examines the reasons underlying these bans and argues that these prohibitions are not justified. It does this by first analysing the place of the headscarf in Islam, its religious basis and its significance to Muslim women. It argues that the headscarf is more than just a mere religious symbol and that Muslim women wear the headscarf as a matter of religious obligation. The headscarf is considered to be an important religious practice protected by the right to freedom of religion. Thereafter the article examines legislative bans on the headscarf in France, Turkey and Switzerland in order to identify the most popular justifications advanced by states and courts for banning the headscarf. It critically evaluates the justifications for protecting secularism, preventing coercion, promoting equality and curbing religious extremism, and disputes that the reasons put forward by states and accepted by courts justify banning the headscarf. It thereafter explores how South African courts would respond to a headscarf ban and argues that schools and employers should accommodate the headscarf. While Muslim women may not have an absolute right to wear the headscarf, there has thus far been no justifiable reason for banning the headscarf.

  7. Chinese Judge At WTO Court


    China had its first judge appointed to the World Trade Organization (WTO) when the world body recently selected four senior jus- tices to its seven-people Appellate Body—top court.Lawyer Zhang Yuejiao was one of the four appointed on November 27 by the Dispute Settlement Body (DSB) for a four-year term.Her tenure will commence on June 1,2008.


    TIMOFTE Claudia Simona


    Full Text Available This paper underlines the current legislation and compliance issues leather waste in different waste groups according to relevant legislation and shows that, although seemingly harmless waste of skin sometimes contain dangerous compounds. As presented risks to human health were some restricted substances in leather. Since 2001 Romania had preoccupation in national legislation on waste management, but some categories, such as leather waste are not framed to this category. Also, another goal is implementing the EU management/storage strategy of industrial waste. Unfortunately, Romania imports huge quantities of used clothing and shoes. Transport, storage and use of them are poor, and many of these are subsequently stored waste by the fact that it is even sometimes improperly discarded. The paper also shows the statistics on waste management in the Bihor County by activity of national economy and by activity of industry at level of CANE REV.2 Section. Analyzing the postings on Internet regarding the sale and purchase of leather wastes in Romania, it was found that there are the following 'categories' of wastes: leather goods, leather from coats, leather from footwear industry, suede, leather, leather resulting from the production of upholstery. It was found that most car buyers use waste leather upholstery. It is recommended that production companies to highlight more transparent their inventory textile and leather waste on types for those interested (including online can access/capitalize them.

  9. Library Legislation: Some General Considerations

    Ladenson, Alex


    Library service has become a concern of government at all levels with each having its specific role to play. This introductory statement to this issue of Library Trends" indicates the major substantive areas of library legislation. (Author/NH)

  10. Swiss legislation on dog ownership

    DSU Department


    The Swiss Permanent Mission in Geneva has requested CERN to inform the members of its personnel that a notice relating to Swiss legislation on dog ownership has been published on-line at the following address: This legislation is applicable to all international civil servants who own a dog. Relations with the Host States Service

  11. The South African Constitutional Court Experience: Reasoning Patterns Based on Foreign Law

    Andrea Lollini


    Full Text Available This article aims to analyse the phenomenon of the diffusion of interpretive paradigms or argumentation models between constitutional courts. This phenomenon involves the importation of parameters - defined here as extra-systemic to a specific legal system - and the use of the comparative method in applying constitutional texts.The main subject of this study is the analysis of the first 11 years of South African constitutional jurisprudence, which is a convenient scenario since a constitutional provision enables the Constitutional Court to 'consider foreign law' when interpreting the Bill of Rights. In fact, this led to the wide use of foreign jurisprudence and legislation (from which were extracted argumentation models, patterns of balancing between principles and sometimes actual normative 'meanings': in other words, extra-systemic legal inferences. This article shows the existence of several patterns of legal argumentation based on foreign law which were developed by the South African Constitutional Court.

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

    Wiist, William H


    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 VIEW OF THE COURT OF APPEAL OF THE STATE OF RIO GRANDE DO SUL ON TORTURE: judgments of public and private actors

    Dani Rudnicki


    Full Text Available This article deals with the views of the Judiciary in relation to the practice of the crime of torture by public and private actors, in accordance with judgments of the Court of Appeal from the state of Rio Grande do Sul. The study through an analysis of 92 decisions from the court, from 2009 until 2013. We seek to observe the legal reasoning from these criminal appeals that discuss the merits of the crime of torture, in order to check for differences in the application of Torture Act depending on the agent denounced being a public or private actor and which are the factors that could influence this different application of the law. We present the transformation and the concept of the crime of torture, in the international and in the Brazilian law, and after that the most relevant judgments are described and analyzed. Thus, we conclude that there is a difference in the application of the law by the Judiciary, with greater punishment for private agents than for public ones, and that this difference occurs due to the expansion of the concept of torture carried out by the Brazilian legislator, who popularized the term and the conduct typified as a common crime. For full understanding of the phenomenon, we must also consider the characteristics of the Brazilian penal system, which is selective. Thus through the perpetuation of a classic criminal model, it allows for public officials to commit illegalities.

  14. Speech Cases Turned Aside by High Court

    Walsh, Mark


    The U.S. Supreme Court declined without comment to take up two major appeals involving student free-speech rights on the Internet. One appeal encompassed two cases decided in favor of students last June by the full U.S. Court of Appeals for the 3rd Circuit, in Philadelphia. The other appeal stemmed from a decision by the U.S. Court of Appeals for…

  15. Speech Cases Turned Aside by High Court

    Walsh, Mark


    The U.S. Supreme Court declined without comment to take up two major appeals involving student free-speech rights on the Internet. One appeal encompassed two cases decided in favor of students last June by the full U.S. Court of Appeals for the 3rd Circuit, in Philadelphia. The other appeal stemmed from a decision by the U.S. Court of Appeals for…


    Vjeran Strahonja


    Full Text Available An anomaly in legislation is absence of completeness, consistency and other desirable properties, caused by different semantic, syntactic or pragmatic reasons. In general, the detection of anomalies in legislation comprises validation and verification. The basic idea of research, as presented in this paper, is modelling legislation by capturing domain knowledge of legislation and specifying it in a generic way by using commonly agreed and understandable modelling concepts of the Unified Modelling Language (UML. Models of legislation enable to understand the system better, support the detection of anomalies and help to improve the quality of legislation by validation and verification. By implementing model-based approach, the object of validation and verification moves from legislation to its model. The business domain of legislation has two distinct aspects: a structural or static aspect (functionality, business data etc., and a behavioural or dynamic part (states, transitions, activities, sequences etc.. Because anomalism can occur on two different levels, on the level of a model, or on the level of legislation itself, a framework for validation and verification of legal regulation and its model is discussed. The presented framework includes some significant types of semantic and syntactic anomalies. Some ideas for assessment of pragmatic anomalies of models were found in the field of software quality metrics. Thus pragmatic features and attributes can be determined that could be relevant for evaluation purposes of models. Based on analogue standards for the evaluation of software, a qualitative and quantitative scale can be applied to determine the value of some feature for a specific model.

  17. The Impact of Teen Court on Young Offenders. Research Report.

    Butts, Jeffrey A.; Buck, Janeen; Coggeshall, Mark B.

    This paper reports findings from the Evaluation of Teen Courts Project, which studied teen courts in Alaska, Arizona, Maryland, and Missouri. Researchers measured pre-court attitudes and post-court (6-month) recidivism among more than 500 juveniles referred to teen court for nonviolent offenses. The study compared recidivism outcomes for teen…

  18. Victimological aspects of court judgments

    Bačanović Oliver


    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.

  19. The approaches of the EU Court of Justice and the European Court of Human Rights vis-à-vis discrimination on the ground of nationality in social security

    Pennings, F.J.L.


    The case law of the CoJ and the ECtHR on discrimination on ground of nationality differs, in particular since the latter Court does not use the concept of indirect discrimination. Furthermore for the CoJ being an EU citizen is a relevant argument in the objective justification of discrimination wher

  20. 40 CFR 1508.17 - Legislation.


    ... 40 Protection of Environment 32 2010-07-01 2010-07-01 false Legislation. 1508.17 Section 1508.17 Protection of Environment COUNCIL ON ENVIRONMENTAL QUALITY TERMINOLOGY AND INDEX § 1508.17 Legislation. Legislation includes a bill or legislative proposal to Congress developed by or with the...

  1. A Century of Environmental Legislation

    Kaiser, Brooks; Cain, Louis P.


    At the beginning of the 20th century, three intertwined ambitions drove federal legislation over wildlife and biodiversity: establishment of multiple-use federal lands, the economic development of natural resources, and the maintenance of option values. We examine this federal intervention...

  2. Coping with EU environmental legislation

    Anker, Helle Tegner; de Graaf, Kars; Purdy, Ray;


    A ‘burden reducing’ agenda has spurred an increased interest in how EU environmental legislation is transposed into national legislation—most prominently reflected in the principle of ‘no gold-plating’. Yet, an important question is to what extent transposition principles and practices may ensure...

  3. Employment protection legislation in Croatia

    Kunovac, Marina


    ... the observed period, primarily as concerns individual dismissal in the cases of regular employment contracts, while in the case of temporary employment the protection strengthened slightly. On the other hand, despite the adoption of amendments to the Labour Act (LA), Croatian labour legislation governing employment protection for regular employme...

  4. A Century of Environmental Legislation

    Cain, Louis P.; Kaiser, Brooks


    At the beginning of the 20th century, three intertwined ambitions drove federal legislation over wildlife and biodiversity: establishment of multiple-use federal lands, the economic development of natural resources, and the maintenance of option values. We examine this federal intervention in nat...

  5. Moral autonomy in Australian legislation and military doctrine

    Richard Adams


    Full Text Available Australian legislation and military doctrine stipulate that soldiers ‘subjugate their will’ to government, and fight in any war the government declares. Neither legislation nor doctrine enables the conscience of soldiers. Together, provisions of legislation and doctrine seem to take soldiers for granted. And, rather than strengthening the military instrument, the convention of legislation and doctrine seems to weaken the democratic foundations upon which the military may be shaped as a force for justice. Denied liberty of their conscience, soldiers are denied the foundational right of democratic citizenship and construed as utensils of the State. This article critiques the idea of moral agency in Australian legislation and military doctrine and is concerned with the obligation of the State to safeguard the moral integrity of individual soldiers, so soldiers might serve with a fully formed moral assurance to advance justice in the world. Beyond its explicit focus on the convention of Australian thought, this article raises questions of far-reaching relevance. The provisos of Australian legislation and doctrine are an analogue of western thinking. Thus, this discussion challenges many assumptions concerning military duty and effectiveness. Discussion will additionally provoke some reassessment of the expectations democratic societies hold of their soldiers.

  6. Supreme Court Biographies as a Classroom Resource

    Ryan, John Paul


    In this article, the author goes beyond Supreme Court decisions to investigate the upbringing and personalities of three Supreme Court justices who left their mark on history: Oliver Wendell Holmes, Jr., Thurgood Marshall, and Sandra Day O'Connor. His interviews with their biographers, G. Edward White for Oliver Wendell Holmes Jr., Juan Williams…

  7. The Supreme Court in the Culture Wars.

    Rabkin, Jeremy


    Argues that the U.S. Supreme Court has been an active and liberally biased participant in the U.S. culture war. Historical evidence is presented, including areas of tuition tax credit and segregated private schools, abortion and the Right-to-Life movement, and prayer in public schools. The author discusses how the Supreme Court has strengthened…


    Fr. Ikenga

    Page | 29. EBOIBI: Jurisdiction of The International Criminal Court: Analysis, Loopholes and Challenges ... as it may be affected by the effects or passage of time. The right to ... force, the Court may exercise its jurisdiction only with ..... Statute that core criminal cases will be decided by a political body, the Security Council.

  9. Enhancing Residential Treatment for Drug Court Participants

    Koob, Jeff; Brocato, Jo; Kleinpeter, Christine


    In this study, the authors describe and evaluate the impact of increased access to residential treatment added to traditional drug court services in Orange County, California, with a goal of increasing program retention, successful completion, and graduation rates for a high-risk drug offender population participating in drug court between January…

  10. 28 CFR 902.7 - Court action.


    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Court action. 902.7 Section 902.7 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL DISPUTE ADJUDICATION PROCEDURES § 902.7 Court action. Pursuant to Section (c) of Article XI of the Compact, a decision by...

  11. The Supreme Court as a Small Group.

    Brownlee, Don

    The application of small group interaction and decision making assessment methods has demonstrated many of the interpersonal preferences, understandings, and attitudes of the Supreme Court. Six terms of the Supreme Court, from October 1969 through October 1974 were chosen for evaluation. Only those cases in which the formal opinion of the Court…

  12. The Juvenile Court: Changes and Challenges.

    Feld, Barry C.


    Explores the changes in the juvenile court system, in particular, the juvenile waiver and sentencing laws, as it transformed from a social welfare agency into a type of criminal court system for young offenders. Addresses whether states should create an integrated juvenile and criminal justice system. (CMK)

  13. The Roberts Court and Academic Freedom

    Rahdert, Mark C.


    Since President Bush named Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. to the Supreme Court, speculation has run high as to where the new court may be headed. Citing three recent cases ("Morse v. Frederick", "Rumsfeld v. Forum for Academic and Institutional Rights, Inc." and "Garcetti v. Ceballos"), Rahdert expresses concern…

  14. Court Seen Balky on Religion Cases

    Walsh, Mark


    When Chief Justice John G. Roberts Jr. reached his fifth anniversary on the U.S. Supreme Court in late September, observers took note of the court's rightward shift during his tenure in a number of areas, including corporate spending on federal elections and the ways school districts may consider race in assigning students. But at least one…


    Louis J Virelli III


    Full Text Available The debate over the role of traditionalism in constitutional interpretation has itself become a tradition. It remains a popular and controversial topic among constitutional scholars and presents normative questions that are as divisive, difficult, and important today as at the Founding. Missing from the discussion, however, is a comprehensive account of how the Supreme Court has employed traditionalism-an approach that looks for meaning in present manifestations of longstanding practices or beliefs-in its constitutional jurisprudence. This project is the first to fill this gap by providing an exhaustive and systematic analysis of the Court's use of constitutional traditionalism. This article focuses on the Roberts Court's first five terms to provide an empirical foundation that will not only offer previously unavailable insights into the Court's current traditionalist practices, but will also set forth a useful framework for the ongoing normative debate over traditionalism. This project uses content analysis of key terms to identify every instance in which the Roberts Court employed traditionalism to interpret the Constitution. More specifically, this project set out to answer the following three questions: First, how frequently does the Roberts Court employ traditionalism in its constitutional jurisprudence? Second, how robust is the Court's use of traditionalism (i.e., is it used to interpret a broad or narrow range of constitutional provisions? And finally, how often and in what contexts do individual Justices on the Roberts Court rely on traditionalism in their own constitutional opinions? The research provided here suggests answers to all three of these questions. First, the data indicate that traditionalism has been relied upon regularly by the Roberts Court, appearing in nearly half of the Court's constitutional cases. Second, traditionalism is frequently applied to a wide variety of constitutional provisions: Two-thirds of the

  16. Courting the expert: a clash of culture?

    Caldwell, P


    This article reviews the utility of expert opinion in legal proceedings and the deployment of expert witnesses in adversarial litigation. The use of expert witnesses to assist courts in making just and fair conclusions may be contrasted with the partisan interests of those who call them. An adversarial system is a bad method of scientific enquiry and undermines the court's capacity to reach the 'right' answer. As a consequence, courts may reach the wrong conclusion based on bad science. The role of the expert as a witness places strain on an expert to provide certainty, where in fact there may be none. Recent reforms in the civil courts have changed little and the problem is even more acute in criminal trials. The expert can rely solely on the integrity of his or her own opinion, tempered with a little humility. However, when filtered through the rhetoric and advocacy of a court arena, even this may be compromised.

  17. The Supreme Court upholds parental notice requirements.


    On June 25, 1990 the US Supreme Court ruled in 2 cases concerned with the constitutionally of 2 state law that required parental notification of minors seeking an abortion. In Hodgson v Minnesota the Court ruled that states may not require 2 parent notification. They can however require that both biological parents be notified if a judicial bypass is provided for minors wishing to keep the matter private. In Ohio v. Akron Center for Reproductive Health the Court upheld a 1 parent notification law which included a judicial bypass clause. The Court however did refuse to decide whether the state must provide the bypass option it is mandates 1 parent notification. In the Hodgson case the courts opinion stated that the state did not have the right to require that family members talk to each other. Also the Court upheld that states may require a 48-hour waiting period between notification and the procedure to give parents time to provide medical records and to check the doctor's competency. In Ohio the court ruled that states do not have to guarantee absolute anonymity of the minor as long as they make a reasonable effort to keep her name from beginning public. The Court also ruled that states can require a minor to provide "clear and compelling" evidence, the most difficult legal standard of proof, when she is petitioning the court that she is sufficiently mature to consent to the procedure or that parental notification is not in her best interest. Also, the Court ruled that the state may require doctors to notify the parents personally concerning the procedure.

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

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


    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.

  19. Pursuing transparency through science courts

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


    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.

  20. Legislation. Legislation and Regulations Affecting Libraries in 2001; Legislation and Regulations Affecting Publishing in 2001.

    Sheketoff, Emily; Costabile, Mary R.; Adler, Allan


    These two reports discuss federal legislation and regulations that affect libraries and the publishing industry. Topics include funding for federal library and related programs; ESEA (Elementary and Secondary Education Act) reauthorization; E-rate; the USA Patriot Act and other actions after the September terrorist attacks; intellectual property;…

  1. Legislation: Legislation and Regulations Affecting Libraries in 2002; Legislation and Regulations Affecting Publishing in 2002.

    Sheketoff, Emily; Costabile, Mary R.; Adler, Allan


    Reviews legislation and regulations affecting libraries and the publishing industry, including the Museum and Library Services Act; Office of Educational Research and Improvement (OERI); copyright; access to electronic government information; telecommunications and technology; electronic surveillance and privacy, including the USA Patriot Act;…

  2. Evaluating the impact of existing legislation in Europe with regard to Female Genital Mutilation. Spanish National Report

    VVAA .


    reports. In chapter 2 we have selected and summarized seven court cases in which we hace found enough relevant information to other parts of the report. At the same time, we need to identify the practicing communities to estimate the prevalence of women with FGM and the number of girls at risk of FGM. This was interesting not only to limit the research but to focus on a territory where there was a probability of cases in Court. We have choosen Catalonia: a community with court cases (in Barcelona and Girona and prevalence of FGM; and Valencia, a territory without known cases and with no prevalence of FGM. This analysis is shown in chapter 3. In order to detect factors that hamper the implementation of existing legisaltion we need to know how procedures works at different levels: health services, social assistance, police, prosecution office and courts. Examining procedure laws, referral procedures, guidelines or ruled practices was not enough. We had to know what happen, who know a case, which institution examine it, which real mens they have.... To complete this, we have performe a study, interviewing key-informants with an standard interview: police, prosecutors, judges, doctors, nurses, social assistants and immigrants. Interviews were fulfilled in Valencia, Tarragona, Barcelona and Girona. Results are in Chapter 4 (procedure followed; Chapter 5 (implementation of appllicable legislation and Chapter 6 (obstructing and favouring factors for the implementation of legislation.We had three main meetings to design the research and discuss texts and provissional results. Some of conclusions of provissional spanish report were discused in two seminars: “Ciudadania europea y conflictos culturales”, [european citizenship and cultural conflicts] (Valencia, 29, 30 and 31 october 2003; and “Violencia de género: instrumentos jurídicos en la lucha contra la discriminación de las mujeres”[Gender violence: legal instruments fighting agains women discrimination] (Valencia

  3. Dissolution Threats and Legislative Bargaining

    Becher, Michael; Christiansen, Flemming Juul


    Chief executives in many parliamentary democracies have the power to dissolve the legislature. Despite a well-developed literature on the endogenous timing of parliamentary elections, political scientists know remarkably little about the strategic use of dissolution power to influence policymaking....... To address this gap, we propose and empirically evaluate a theoretical model of legislative bargaining in the shadow of executive dissolution power. The model implies that the chief executive's public support and legislative strength, as well as the time until the next constitutionally mandated election......, are important determinants of the use and effectiveness of dissolution threats in policymaking. Analyzing an original time-series data set from a multiparty parliamentary democracy, we find evidence in line with key empirical implications of the model....

  4. Legislators Urge Carbon Emissions Cuts

    Kumar, Mohi


    Legislators from the world's largest carbon dioxide (CO2) emitting countries met on 14-15 February in Washington, D.C., to discuss the future of the global climate and strategies to mitigate temperature increases resulting from global warming. The world faces a ``double challenge-how to reduce damaging carbon emissions while still meeting the energy demand that the world's poor need to escape poverty,'' said World Bank President Paul Wolfowitz during a keynote talk.

  5. Using litigation to defend women prosecuted for abortion in Mexico: challenging state laws and the implications of recent court judgments.

    Paine, Jennifer; Noriega, Regina Tamés; Puga, Alma Luz Beltrán Y


    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.

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

    Gruodytė Edita


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

  7. The Future Of Court Interpreting In Croatia

    Dobrić Katja


    Full Text Available Court interpreting in Croatia is a very unregulated field especially regarding the training and the skills that are to be acquired in order to pro- vide accurate translation at courts. One of the prerequisites according to the Regulations on Court Interpreters in Croatia is knowledge of the structure of judicial power, state government and legal terminology. Although the Regulations prescribe that the training should last no longer than two months, the organisations providing such training shorten this to three or four days. Taking into account all that has been said one realizes that in such short time a per- son cannot be properly qualified to practice as a court interpreter. According to the EU Directive on the right to interpretation and translation in criminal proceedings member states should provide adequate training in order to ensure the quality of interpretation and to avoid that suspected or accused persons complain that the quality of interpretation was not good enough to secure the fairness of the proceeding, which according to Article 2 of the Directive they have the right to. Since Croatia joined the European Union on 1 July 2013, it will have to change its Regulations on Court Interpreters in order to com- ply with this Directive. This paper will try to analyze the problems within the scope of court interpreter’s profession in Croatia both in civil and in criminal proceedings. Several examples will be suggested as the possible model for modifying court interpreting in Croatia. Since this profession is often underrated by the national courts, the paper will suggest ways to prevent such views and point out the importance of good court interpretation


    Arifuddin -


    Full Text Available Research on the judge's ruling against the disparity of offender criminal acts of corruption as well as the factors that influence the occurrence of the judge's verdict, the disparity was held in the Court of a criminal offence, Corruption in the courts, the courts of Makassar Tipikor Tipikor Bandung, with this type of problem identification research perskriptif-shaped, with the descriptive nature of the use of legal normative approach. Primary data obtained through interviews with as many as 15 judges and prosecutors as well as 7 5 academics 3 advocates determination technique done with a sample of secondary data and sampling purporsiv acquired through the study of librarianship is analyzed then qualitatively.The research results showed that determination of the disparity, mistakes and condemnation to the perpetrator of the criminal offence of corruption in the courts, the courts of Makassar Tipikor Ti [ikor Jakarta and Bandung Tipikor Court as well as in the great Mahkama occurs because positive Indonesia corruption criminal law that gives broad freedom to determine fault and criminal type (strafsoort both weighs criminal ringannya or (strafmaat to the perpetrator of the criminal offence of corruption all not under the minimum standard of judgment and memlampaui the maximum punishment standards defined in legislation the eradication of criminal acts of corruption. Factors that cause the occurrence of an error or judgment determining the disparity to the perpetrator of the criminal offence of corruption in the courts, the courts of Makassar Tipikor Ti [ikor Jakarta and Bandung Tipikor Court as well as in legal substance Agungadalah Mahkama factor, which gives freedom to the judge in deciding guilt and punishment inflicted to the defendant, politics and power, because the perpetrator of the criminal offence of corruption involves many officials or former officials of the regional social stratification, which is strong in the Association

  9. Hearing children in court disputes between parents.

    Mackay, Kirsteen


    The Children (Scotland) Act 1995 gives children the right to have their views taken into account when their parents take a dispute over the child to court. This is consistent with Article 12 of the United Nations Convention of the Rights of the Child (UNCRC). The most common dispute concerning children which comes before the court is over the amount of contact a child should have with the non-resident parent. This briefing reports key findings from a recent study that examined court cas...

  10. A legislator`s guide to municipal solid waste management

    Starkey, D; Hill, K


    The purpose of this guide is to allow individual state legislators to gain a better understanding of municipal solid waste (MSW) management issues in general, and examine the applicability of these concerns to their state. This guide incorporates a discussion of MSW management issues and a comprehensive overview of the components of an integrated solid waste management system. Major MSW topics discussed include current management issues affecting states, federal activities, and state laws and local activities. Solid waste characteristics and management approaches are also detailed.

  11. Enlightenment from the Argument over Extraterritorial Legislations on Spouse Heirship and Legislative Amendments---Centered on the Relevance of Surviving Spouse Heirship and Rules on Marital Property%域外配偶继承权制度立法修法之争及启示*--以配偶继承权与夫妻财产制的关联性为中心



    The arguments over extraterritorial legislations on spouse heirship and legislative amendments shows that spouse heirship is closed connected to rules on marital property, thus in order to establish the spouse heirship system, rules on marital property should be developed accordingly so as to balance protection of the spouse heirship and the lineal inheritance rights.In accordance with community property system, it is not necessary to modify the current Succession Law on provisions of the order and percentage of spouse inherit-ance.Besides, there is no need to formulate rule on the usufruct and the priority to claim for property.How-ever, in accordance with the contractual marital property system, the explicit percentage of inheritance and forced heirship should be determined so that this effective method can protect the property liquidation right of the surviving spouse upon the death of the other under the separate property system.Further, rules on statutory inheritance for senior spouse should be improved and subsequent succession should be set up so as to protect the heirship of senior spouse and to establish the spouse heirship system for the ageing society with fewer chil-dren in our country.%域外配偶继承权制度立法或修法之争显示,配偶继承权是和夫妻财产制紧密相联的,要构建配偶继承权制度,必须注意与夫妻财产制相对应,以平衡对配偶继承权和对直系血亲继承权的保护。因此,在夫妻财产共有制下,无需修改现行《继承法》有关配偶的继承顺序及份额,亦无必要通过规定居住权即用益权以及先取权再行保护;但在夫妻约定财产制下,则有必要通过明确配偶的继承份额和特留份这一有效方法,保障别产制下的生存配偶在另一方死亡时的财产清算。另一方面,通过完善老年配偶的必继份制度、建立后位继承制度来保障老年配偶的继承权,构建少子高龄化下的我国配偶继承权制度。

  12. Reproductive health information and abortion services: standards developed by the European Court of Human Rights.

    Westeson, Johanna


    In 3 recent judgments, the European Court of Human Rights addressed the issue of access to abortion and related reproductive health services. In 2 of the judgments, the Court declared that the state violated women's rights by obstructing access to legal health services, including abortion. In so doing, it referred to the state's failure to implement domestic norms on prenatal testing and conscientious objection, and recognized the relevance of international medical guidelines. This illustrates that domestic and international medical standards can serve as critical guidance to human rights courts. In the third case, the Court showed its unwillingness to declare access to abortion a human right per se, which is troubling from the perspective of women's right to health and dignity. The present article outlines the relevance of these cases for the reproductive health profession and argues that medical professional societies can influence human rights courts by developing and enforcing medical standards, not only for the benefit of abortion rights domestically but also for the advancement of women's human rights worldwide.

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

    Klemfuss, J. Zoe; Ceci, Stephen J.


    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…

  14. Teen Court Referral, Sentencing, and Subsequent Recidivism: Two Proportional Hazards Models and a Little Speculation

    Rasmussen, Andrew


    This study extends literature on recidivism after teen court to add system-level variables to demographic and sentence content as relevant covariates. Interviews with referral agents and survival analysis with proportional hazards regression supplement quantitative models that include demographic, sentencing, and case-processing variables in a…


    In June 2006, the US Supreme Court issued decisions in two cases concerning the Clean Water Act (CWA). The decisions discuss factors potentially relevant to CWA jurisdiction, including the hydrological permanence of non-navigable streams and adjacent wetlands (NNSAWs) and their ...

  16. What Defines an International Criminal Court?

    Kjeldgaard-Pedersen, Astrid


    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...... community’, and Sarah Williams, who 50 years later relied on the same factor in her definitions of ‘hybrid’ and ‘internationalized’ criminal tribunals. Through examples of rulings by the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia, this article will demonstrate...




    Full Text Available There is a substantial amount of evidence from experimental studies to indicate that a variety of individual skills are impaired at blood alcohol concentrations (BACs well below 0.05%. Epidemiological studies indicate that the risk of a crash increases sharply for drivers with BACs below 0.05%. The correlation between drunk driving and the risk of traffic accidents has been established on the individual as well as the aggregate level. The BAC level legally permitted is a public policy decision by legislators, while scientists can present experimental and epidemiological evidence indicating the BAC level at which psychomotor skills deteriorate and accident probabilities increase. There is considerable epidemiological evidence to support the fact that the risk of alcohol impaired drivers being involved in traffic crashes rises with increasing BAC's. By contrast, the evidence on the BAC at which a driver should be regarded as committing an offence has been the subject of much debate and various legislative decisions. Historically, per se laws specify BAC levels which are a compromise figure intended to reflect both the point at which a driver becomes significantly more likely to be involved in an accident than a comparative driver with a zero BAC and that which is politically acceptable, but falls within the BAC region of increased accident liability. Therefore, the per se legislation in most countries has not kept pace with scientific progress. This study suggests that if saving lives on the road is an important issue, then, passing laws that incorporate scientific and epidemiological studies, is necessary.

  18. 20 CFR 416.1485 - Application of circuit court law.


    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Application of circuit court law. 416.1485... Determinations and Decisions Court Remand Cases § 416.1485 Application of circuit court law. The procedures which... circuit court decision that we determine contains a holding that conflicts with our interpretation of...

  19. 33 CFR 276.5 - Legislative history.


    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Legislative history. 276.5 Section 276.5 Navigation and Navigable Waters CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF... Legislative history. Discussion of this legislation is contained in the reports by the Senate Committee...

  20. Legislative Basis of Pedagogical Education in Japan

    Kuchai, Tetiana


    Legal framework policy of Japan in the field of education has been analyzed. The problem of influence of legislative materials on the development of education in Japan, its legislative support has been considered. It has been defined that directive materials affect the development of education system in Japan. Legislation policy of the country is…

  1. Institutional Constraints, Legislative Activism and Policy Change

    Citi, Manuele; Justesen, Mogens Kamp


    This article presents a study of how institutional constraints affect legislative activism and how legislative activism in turn affects policy change through an analysis of the European Union's legislative process. The argument revolves around the key role of the European Commission in advancing ...

  2. The Development and Role of the Court Administrator in Canada

    Pamela Ryder-Lahey


    Full Text Available By the turn of the millennium most courts in Canada had court administrators managing their operations and their staff. As a rule, the court administrators worked in a partnership with the chairmen of their courts, who typically delegated some of their official responsibilities. But the mere presence of court administrators, not to speak of their broad range of functions, was still relatively new. Only in the 1970s did most courts acquire administrators, and it took at least another decade before they were fully accepted by judges and entered into a position of equality with some, if not many, chairs of courts.

  3. How do the Constitutional Courts decide?

    Pasquale Pasquino


    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.

  4. Legal argumentation based on foreign law
    An example from case law of the South African Constitutional Court

    Andrea Lollini


    Full Text Available This article aims to make some introductory remarks concerning the phenomenon of the circulation of ‘foreign law’ between constitutional courts. A convenient setting for some considerations regarding this legal phenomenon is the South African constitutional jurisprudence, since Section 39 of the 1996 Constitution enables the Constitutional Court to ‘consider foreign law’ when interpreting the Bill of Rights. This provision has led to the wide use of foreign jurisprudence and legislation, as well as extra-systemic parameters, that have formed the basis for models of legal argumentation. The article explores what appears to be a recurring ‘patterns’ of legal argumentation based on foreign law used by the Court which has been defined ‘probative importation’.

  5. Results and unsolved problems following the amendment to the Italian Law on assisted reproduction brought about by the Constitutional Court.

    Molinelli, Andrea; Bonsignore, Alessandro; Darretta, Valeria; Anserini, Paola


    Since the approval of Law N° 40/2004, Italian specialists have been applying assisted reproductive techniques in compliance with a number of restrictions. Several attempts were made to find a solution to the practical and ethical issues brought about by this restrictive legislation. Finally, in May 2009, the Italian Constitutional Court banned most of the limitations. In the last year the authors worked together to study the impact of the Italian Constitutional Court modifications on assisted reproduction from both a gynecological and medico-legal point of view. Despite the clinically positive impact of the ruling, a lot of technical and legal unsolved issues still exist. Analyzing these problems, the authors stress the importance of a multidisciplinary approach to achieve adequate legislation in order to improve patients' outcome and avoid "reproductive migration" from Italy to other European Countries. New regulation could also be important for practitioners by keeping the risk of legal troubles to the minimum.

  6. Employment protection legislation in Croatia

    Marina Kunovac


    Full Text Available According to business climate and competitiveness indicators published by international organisations, Croatia is a country with a rigid labour market and a high level of the legal protection of employees. Given that an Act on Amendments to the Labour Act (OG 73/13 entered into force in Croatia in June 2013, this paper examines changes in employment protection legislation in Croatia and Central and Eastern European (CEE countries, as well as in Croatia's main trading partners during the period between 2008 and 2013. A cross-country comparison shows a strong downward trend in legal employment protection in most CEE countries during the observed period, primarily as concerns individual dismissal in the cases of regular employment contracts, while in the case of temporary employment the protection strengthened slightly. On the other hand, despite the adoption of amendments to the Labour Act (LA, Croatian labour legislation governing employment protection for regular employment contracts remains relatively inflexible compared to that in other countries.

  7. Heeding Black Voices: The Court, Brown, and Challenges in Building a Multiracial Democracy

    Joe R. Feagin


    Full Text Available In 1967, thirteen years after the first Brown v. Board of Education decision, Dr. Martin Luther King, Jr. voiced great frustration with the lack of progress in societal desegregation: “[e]very civil rights law is still substantially more dishonored than honored. School desegregation is still 90 percent unimplemented across the land. . . . Legislation that is evaded, substantially nullified and unenforced is a mockery of the law.” Dr. King articulated the views of most African-Americans, views stemming from centuries of painful experiences with systemic racism in U.S. society. Thus, for more than a decade after Brown, white officials in southern districts defied the mandates and implications of Supreme Court and lower federal court rulings and, therefore, the black perspective on U.S. racism and racial change. Indeed, by 1960-1961 only a miniscule 0.16 percent of black children were in school with white children in the South.

  8. In courtroom 7--the Children's Koori Court at work: findings from an evaluation.

    Borowski, Allan


    This article reports some of the findings of an evaluation of the Children's Koori Court (CKC)--the first legislated effort in Australia to involve the Indigenous community in the sentencing of young Aboriginal offenders as a strategy for reducing their overrepresentation in the juvenile justice system. A prominent feature of this court of summary jurisdiction is that the presiding magistrate, while remaining the sentencing authority, is assisted by Aboriginal Elders. This article focuses on the evaluation findings that were derived from observations of the CKC in action. They indicate that the operational objective of cultural responsiveness was realized. They also point to realization of the community-building goal-fostering Indigenous ownership of the administration of the law. Little slippage was found between the CKC's design and operation, although some areas of improvement were identified. Nevertheless, the scope for the CKC by itself to significantly reduce overrepresentation is limited.


    Emilian-Constantin MEIU


    Full Text Available We propose further brief analysis of the substantive conditions that should be met in order to be covered by the contract adaptation regulated by the Romanian Civil Code art. 1213 Civ. C. By virtue of the novelty of this institution in the Romanian legislation could be some practical difficulties before the court that we briefly consider in our work and propose possible solutions.

  10. Regulating traditional justice in South Africa: a comparative analysis of selected aspects of the traditional courts bill

    Caiphas Brewsters Soyapi


    Traditional justice systems have been in place for a very long time in South Africa and in Africa in general. They are characterised by informal systems that are not beset by the normal technicalities prevalent in formal justice systems. In recent times South Africa has sought to do away with the Black Administration Act, which was the regulating legislation on traditional justice systems, by introducing the Traditional Courts Bill. Initially introduced in Parliament in 2008 and withdrawn for...

  11. The consequences of abortion legislation.

    Braude, M


    This article examines the consequences of the 1973 US Supreme Court decision legalizing abortion as well as potential implications of proposed legilation aimed at nullifying this decision. In addition to giving women the right to determine their own reproduction, legal abortion had had beneficial health effects for both mothers and infants. The partial reversal of abortion gains due to restrictions on public funding and limitations on how and where abortions can be performed has produced a slight increase in abortion mortality, but the impact has not been dramatic. Moreover, each year since 1973, women have been obtaining abortions earlier in pregnancy. Abortion may be experienced as a loss by the mother, but there is no evidence of serious psychological sequelae. In contrast, a large body of evidence supports the physical, psychological, and social benefits of legal abortion to women, children, and families. However, proponents of the proposed Human Life Amendment place protection of the rights of the fetus over all other considerations. Their antiabortion actions have challenged the medical tradition of privacy and the confidentiality of the doctor-patient relationship. Most supporters of legal abortion would prefer that there be fewer abortions; such a decrease is more likely as a result of better education and contraceptive methods rather than coercion.

  12. Synthesis of Climate Change Policy in Judicial, Executive, and Legislative Branches of U.S. Government

    Robert Brinkmann


    Full Text Available In recent years, the United States has struggled to develop a comprehensive policy for climate change and concomitant greenhouse gas emissions that addresses the current scientific thinking on the topic. The absence of any clear legislative or executive approach dominated national discussions and the court system was used to litigate a variety of issues associated with global warming. This paper synthesizes actions taken in the three branches of government prior to and immediately following the Obama election. In the Judicial branch, several branches of law have been used to force government and private parties to reduce greenhouse gas emissions. Based on the historic greenhouse gas lawsuit, Massachusetts et al. v. the United States Environmental Protection Agency (U.S. EPA, and under the direction of the Obama administration, the U.S. EPA has taken significant action to regulate greenhouse gases. In the legislative branch, a comprehensive energy and climate bill passed the House of Representatives and comparable and alternate energy and climate bills were debated in the Senate indicating hope for legislation in the 111th Congress. However, these bills proved to be unsuccessful, therefore leaving the U.S. EPA and the courts the only options for national climate policy in the near future.

  13. The Warren Court and the Burger Court: Some Comparisons of Education-Related Decisions.

    Faber, Charles F.


    Compares the records of the Warren Court and the Burger Court on education-related cases concerning religion and the schools, teachers' loyalty, due process and racial segregation, freedom of expression, civil rights, and equal protection under the law. Reports the voting record of individual justices. (Author/MLF)

  14. Constitutional Court of South Africa overturns lower court's decision on the right to "sufficient water".


    On 8 October 2009, the Constitutional Court of South Africa overturned the judgment of the Supreme Court of Appeal, which addressed the proper interpretation of Section 27(1)(b) of the Constitution of South Africa (Constitution)--namely, everyone's right to have access to sufficient water.

  15. Electronic Courts and the Challenges in Managing Evidence. A View From Inside The International Criminal Court

    Mark Patrick Dillon


    Full Text Available Many courts face challenges dealing with large volumes of electronic evidence. Innovative solutions are in place, but challenges remain for those who manage our courts. Some of the international tribunals have embraced new technologies. High staff turnover leads to a knowledge drain and mobile devices which generate a significant amount of meta-data are issues that need to be addressed.

  16. Accommodaton of constitutional due process rights within the new patients' rights legislation in Slovenia.

    Ivanc, Blaz


    The Constitutional Court of the Republic of Slovenia issued several decisions concerning the protection of patients' rights (e.g. decisions on involuntary commitment, on access to health care, on rights related to obligatory and voluntary health insurance). Consequently, the Parliament renewed Health Legislation by the enactment of the Patients' Rights Act (February 2008) and of the Mental Health Act (July 2008). Both bills enshrine a charter of patients' rights that may be considered as concretization of several human rights that are protected by the Constitution. The discussion is focused on the due process rights (e.g. equal protection of rights, right to judicial protection, right to legal remedies, legal guarantees in proceedings related to deprivation of personal liberty) that were in particular addressed by the Court. The results demonstrate that their effective implementation was one of the most important demands that the Legislature had to accommodate when enacting new bills.

  17. Consolidating Supranational Authority: the Caribbean Court of Justice Decisions in the Tomlinson cases

    Caserta, Salvatore; Madsen, Mikael Rask


    and Trinidad and Tobago, both of which contain express provisions banning the entry of homosexuals into those two countries. The CCJ rejected the two cases by claiming that the two Immigration Acts had in fact not been applied by Belize and Trinidad and Tobago. At the same time, the Court ruled that CARICOM...... law requires member states to admit homosexuals from other CARICOM states, and that Belize and Trinidad and Tobago may therefore not indefinitely retain legislation that appears to conflict with their obligations under Community law. In these two cases, the CCJ also touched upon important legal issues...




    The adherence of Romania to the European Union on January 1st 2007 assumes also the harmonization of Romanian law with the European one. In the fiscal domain, while in case of the value added tax and in case of the excise duties the harmonization is realized through the implementation to the national legislation of the European Directives, in case of the most direct taxes the absence of some harmonized regulations assesses the recourse to the decisions adopted by the European Court of Justice...

  19. Egyptian court overturns ban on genital mutilation.


    The ban on female genital mutilation (FGM) performed by health professionals in Egypt was overturned by a June 24 [1997] ruling of Judge Abdul Aziz Hamade of a mid-level administrative court in Cairo. The judge determined that the ministerial decree, which had been implemented last July by Health Minister Ismail Sallam, inappropriately restricted the practice of doctors. According to news reports, the court cited research purporting to show that failure to perform FGM harmed children, as well as quotes from Mohammed, which FGM advocates said endorsed the procedure under Islamic law. Although the court overturned the ministerial decree, it did acknowledge that Parliament could outlaw the practice; however, human rights groups believe the practice is too popular for Parliament to do so. The suit against the ban had been filed by Sheik Youssef al-Badry, a conservative Islamic cleric, and Munir Fawzi, a Cairo gynecologist. In May, Egypt's highest court had recommended to the mid-level court that FGM should be legal. The decision does not effect a ban on the performance of surgery by those without a medical license, including barbers and midwives. It is estimated that 80% of girls in Egypt undergo FGM. Egypt's highest Sunni Moslem authority contests the endorsement of FGM under Islamic law.

  20. 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

    NEVES JÚNIOR, Idalberto Jose das


    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

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

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


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

  2. Medicine, eugenics, and the Supreme Court: from coercive sterilization to reproductive freedom.

    Lombardo, P A


    This article shows how the current language of reproductive rights, including the determination of US constitutional protections, can be traced to three cases heard by the US Supreme Court that challenged eugenic state legislation written between 1924 and 1935. The introduction defines "eugenics" as the notion that the human race can be improved and social ills gradually eliminated by selective procreation and notes that eugenicists were extremely effective in using the law as their ally and effected the adoption of nearly 100 eugenic statutes by the states between 1900 and 1970. Part 2 examines the classification of social deviance as a social ill that could be overcome by the application of eugenic principles bolstered by scientific explanations about defective "germ-plasm." The third part of the article illustrates the legal impact of US eugenicists in 1924 when the Federal Immigration Restriction Act was adopted with national origin quotas that remained in place until 1965. This year also saw adoption of two eugenic laws enacted in Virginia that would be later challenged in the Supreme Court. Part 4 details one of these cases, Buck vs. Bell, that challenged Virginia's Eugenical Sterilization Act. In upholding the Virginia statute, the Supreme Court allowed the forced sterilization of a young woman in the first and only instance in which the Court allowed a physician to act as an agent of state government in the performance of an undesired and unnecessary operation. Part 5 describes how the Supreme Court overturned Oklahoma's law mandating the sterilization of "hereditary criminals" in Skinner vs. Oklahoma. The 1967 ruling in Loving vs. Virginia overturning Virginia's Racial Integrity Act preventing interracial marriage is presented in part 6. The article ends by tracing the impact of these cases on the constitutionalization of reproductive rights in the US.

  3. Supreme Court refuses to review clinic access law; Second Appeals Court upholds statute.


    On June 19, the US Supreme Court refused to review "Woodall v. Reno," a challenge to the Freedom of Access to Clinic Entrances Act (FACE) filed in Virginia by an anti-choice individual. FACE prohibits the use of force, threat of force, or physical obstruction to intentionally injure, intimidate, or interfere with anyone providing or obtaining reproductive health services. By denying the petition for "certiorari," the High Court let stand the US Court of Appeals for the Fourth Circuit decision in February. In that ruling, the midlevel federal court affirmed a lower court's dismissal of two of the eight anti-choice lawsuits challenging FACE, "Woodall v. Reno" and "American Life League v. Reno," which were consolidated by the appeals panel. Although plaintiffs in the first case filed a request for review by the High Court within days of the appellate court ruling, plaintiffs in the latter case waited until May to do so. The Department of Justice, which is defending the federal statute, and CRLP and the NOW Legal Defense and Education Fund, who are intervening on behalf of women and health care providers, will file their opposition to the review by July 26. The Justices will then decide to hear the case. On June 23, a three-judge panel for the US Court of Appeals for the Eleventh Circuit affirmed a lower court's decision to dismiss "Cheffer v. Reno," a facial challenge by Florida anti-choice activists seeking to invalidate FACE. The appeals court had ruled the law did not infringe on First Amendment rights, and the panel rejected the argument that Congress had exceeded its authority under the Commerce Clause of the US Constitution by finding that the measure "protects and regulates commercial enterprises." The appeals court accepted an "amicus" brief filed by CRLP and NOW Legal Defense and Education Fund on behalf of the National Abortion Federation, the National Organization of Women, physicians, and women's health clinics, but denied their request to intervene in the

  4. Employers liability to the international criminal court

    Yenifer Yiseth Suárez Díaz


    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.

  5. Considerations on the Contribution of the UE Court of Justice related to the Uniform Application of the Community Regulations on the Principle of Equal Remuneration for Equal Work Irrespective of Sex

    Alina Livia Nicu


    Full Text Available The Court of Justice of the European Union is the community institution that, through its jurisprudence, has formulated principles that have directly influenced the social relations between the member states of the Union concerning the transposition into practice of community regulations, even determining modifications in the national legislation or in the community legislation. This paper aims at offering the interested readers a systematization of the main opinions with law principle value, formulated by the Court and consecrated as a fact in its decisions regarding the principle of equal pay for equal work of employees, irrespective of sex

  6. Aruna Shanbaug: Is Her Demise the End of the Road for Legislation on Euthanasia in India?

    Kanchan, Tanuj; Atreya, Alok; Krishan, Kewal


    Aruna Ramachandra Shanbaug breathed her last after 42 years of being in a persistent vegetative state. Euthanasia in any form is not permitted in India and it was only in the year 2011 that a petition was filed in the court that urged the cessation of her force feeding with a nasogastric tube and the request for her peaceful death. What followed was a string of arguments and counter arguments relating to Euthanasia. The sad demise of Aruna Shanbaug is not the end of an individual, but may be the end of the road for clear cut guidelines and legislation on Euthanasia in India.

  7. Constituent contacts can influence how legislators vote


    Does calling your legislator actually lead to results for those who are passionately for or against\\ud certain legislation? In new research, using a randomized field experiment, Daniel Bergan finds\\ud that it does. Those legislators who received at least one phone call from a constituent asking\\ud them to support a certain bill were 11-12 percent more likely to support the legislation, an effect\\ud independent of the legislators’ party, gender or the competitiveness of their district.

  8. Juvenile prison in parallel legislation

    Lutovac Mitar


    Full Text Available The need for punishment of juveniles occurred from the time when there was no clear line separating them from the adult criminal population. At the same time, the evolution of the juvenile punishment is not in itself involve substantial changes to their criminal status. On the contrary, the status of minors in society did not show serious differences regarding the status of young adults, as well as the adult elderly. On the other hand, on the ground of their punishment is recorded deviations that go in the direction of application of mild corporal punishment. Closing the minor was performed in a physically separate parts of the general penal institutions with the use of a lower degree of restrictions while serving juvenile prison. Due to the different treatment of minors during the evolution of their criminal status leads to their different treatment in comparative law. That is why we are witnessing the existence of numerous differences in the juvenile punishment in some countries in the world. On the European continent there is a wide range of different legal solutions when it comes to punishing juveniles. There are considerable differences in the procedure pronouncing juvenile prison and in particular penal treatment of juveniles in penitentiary institutions. For these reasons, the author has decided to show the basic statutory provisions in the part that relates to the issue of punishment of minors in the legislation of individual countries.

  9. [Legislation on professional respiratory diseases].

    Lezaun, M


    The legally protected occupational pathology consists of work accidents and occupational diseases. Diseases are considered to be occupational when there is a relationship of demonstrable causality between exposure to a determinate occupational risk and a specific disease. To facilitate recognition, different organisations (International Labour Organisation, European Community) draw up, update and recommend the use of lists that are voluntarily adopted by member states. In the case of the Spanish state, the system of the closed list has been adopted. The current list was published in 1978 and the system of notification and registration currently in use is in need of urgent reform, which has been started. It is frequently difficult to identify the work-related origin of occupational diseases and they are often treated in the public health care system without their relation to work being recognised. Knowledge of some basic aspects of the labour legislation by the health workers and the inclusion of a few questions during the anamnesis of patients would make their identification and adequate treatment possible.

  10. Treatment Services in Adult Drug Courts: Report on the 1999 National Drug Court Treatment Survey. Drug Courts Resource Series.

    Pexton, Elizabeth A.; Gossweiler, Robert

    In October 1999, National Treatment Accountability for Safer Communities (TASC), in cooperation with the Office of Justice Programs, Drug Courts Program Office and the Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Treatment, developed and distributed a questionnaire designed to describe substance abuse…

  11. Symbolic Communication as Speech in United States Supreme Court Jurisprudence

    Łukasz Machaj


    Full Text Available The First Amendment to the United States Constitution forbids government to pass any law which abridges freedom of speech. Notwithstanding the absolute tenor of the clause, this guarantee is clearly not limitless; its boundaries are established mainly in the course of Constitutional adjudication. The United States Supreme Court has extended free speech guarantees to so-called symbolic speech, i.e. to nonverbal expression of ideas, views or emotions. The article analyzes basic criteria and limits of First Amendment protection with respect to such instances of (alleged symbolic communication as flying a red flag, refusing to salute the U.S. flag, wearing a black armband, silently protesting segregation rules, burning a crucifix, burning a draft card, sleeping in a park and nude dancing. In some cases the level of protection given to symbolic speech is deemed analogous to that accorded to written or oral expression; in other cases the Supreme Court applies the so-called O’Brien standard, which is an instrument designed specifically for judging laws relevant to this mode of communication.

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

    Łukasz Wirkus


    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.

  13. Radon legislation and national guidelines

    Aakerblom, G


    The International Commission on Radiological Protection (ICRP) and The Council of the European Union have recommended the Member States to take action against radon in homes and at workplaces. Within the EU project European Research into Radon in Construction Concerted Action, ERRICCA, the Topic Group on Legal and Building Code Impact was designated to study the current radon legislation and give advice regarding future enactment of laws and recommendations. On behalf of the Group, a questionnaire on radon legislation was sent out to nearly all European states and a selection of non-European states. Questions were asked regarding reference levels for dwellings, workplaces and drinking water, and about regulations or recommendations for building materials and city planning. All 15 EU Member States, 17 non-EU European countries and 10 non-European countries responded to the questionnaire. Their answers are considered current as of the end of 1998. Most European States and many non-European countries have recommended reference levels for dwellings and workplaces, and some have guidelines for measures against radon incorporated in their building codes and guidelines for construction techniques. However, only a few countries have enforced reference levels or regulations for planning and construction. The reference levels for indoor radon concentration in existing and new dwellings or workplaces are within the range 150-1000 Bq/m{sup 3}. Sweden is the only country (Out of 15 EU member states) which has enforced limits for existing dwellings. Sweden and the UK have both enforced levels for new dwellings. 7 non-European countries (Out of 17 responding countries) have enforced levels for existing dwellings and 9 have them for new dwellings. At the end of 1998, only Finland, Sweden, the Czech Republic, Romania, Russia and the Slovak Republic had limits for radon in water, although 8 countries were planning to introduce such limits. The present limits are within the range for

  14. Supreme Court Ruling on Chinese Children

    Integrated Education, 1974


    Presents the text of a unanimous Supreme Court opinion delivered by Justice Douglas, as well as two separate concurring opinions, which granted non-English speaking Chinese students' petition for relief from unequal and unconstitutional educational opportunities resulting from an absence of English language instruction. (Author/SF)

  15. Children, Special Needs and the Courts.

    Rabinowicz, Jack


    This article discusses legal developments relating to the 1981 Education Act in Great Britain, focusing on court interpretation in the areas of parental rights and participation, wider integration of students with special needs into ordinary schools, defining a special educational need, reassessments, and repayment of fees. Possible future trends…

  16. The Unified Patent Court (UPC) in Action

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


    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...

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

    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…

  18. An International Criminal Court of Public Opinion

    Bouwknegt, Thijs Bastiaan


    In recent months, South Africa, Burundi and the Gambia have terminated their membership of the International Criminal Court (ICC). Observers and academics alike have narrowly portrayed this walkout as an ‘African’ exodus and an ‘African’ problem. But what about Vladimir Putin’s ‘unsigning’ of the Ro

  19. The Supreme Court and Public Pressure.

    Richardson, Scott


    Uses recent freedom of expression cases to explore the effect of public opinion and pressure on U.S. Supreme Court rulings, through a simulation for secondary students. Students are assigned a pressure group to represent, discuss the facts in small groups, and formulate their decisions and arguments for class discussion. (LS)

  20. Supreme Court Signals Caution on Affirmative Action.

    Schmidt, Peter


    Describes how, during oral arguments at the U.S. Supreme Court over the University of Michigan's race-conscious admissions policy, several justices indicated that they did not see any viable alternatives to the use of affirmative action in college admissions. (EV)

  1. Supreme Court Upholds Religious Liberty: Educational Implications.

    Mawdsley, Ralph D.; Russo, Charles J.


    Reviews a set of Supreme Court rulings that may dramatically alter the landscape of First Amendment jurisprudence: "Church of the Lukumi Babalu Aye v. City of Hialeah"; "Jones v. Clear Creek Independent School District"; "Lambs Chapel v. Center Moriches Union Free School District"; and Zobrest v. Catalina Foothills…

  2. World’s Eyes on Center Court


    One of the most watched matches in history takes basketball to a whole new level Thousands of spectators cheered when Yao Ming left the court with 4:41 minutes left in China’s 70-101 loss to the United States at the basketball

  3. Status of Cases in the Supreme Court.

    Chronicle of Higher Education, 1986


    The status as of October 9, 1986 of higher education-related Supreme Court litigation is outlined concerning: accreditation, affirmative action, asbestos, bar examinations, collective bargaining, creationism, racial discrimination, infectious disease, liquor sales, pensions, pregnancy benefits, revocation of degree, sexual harassment, and student…

  4. Development of Food Legislation Around the World

    Meulen, van der B.M.J.


    A variety of systems are presented in the perspective of the development of food legislation to give an impression of the features found in food law and the reasons they have taken certain forms. Legislation on food is not only widely distributed in time but also in space. The assurance of safe food

  5. Seatbelt research and legislation in The Netherlands.

    Kampen, L.T.B. van


    Research projects such as detailed accident studies and seatbelt surveys have been carried out by SWOV and the results reported to the government and used to develop seatbelt legislation in the Netherlands. The layout of current seatbelt legislation and the compliance details are discussed. Legislat

  6. 20 CFR 404.985 - Application of circuit court law.


    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Application of circuit court law. 404.985... and Decisions Court Remand Cases § 404.985 Application of circuit court law. The procedures which... release an Acquiescence Ruling for publication in the Federal Register for any precedential circuit...

  7. 19 CFR 176.31 - Reliquidation following decision of court.


    ... decision of the Court of Appeals for the Federal Circuit which involve the same issue, or which are based... is the subject of a decision of the Court of Appeals for the Federal Circuit shall be reliquidated at... 19 Customs Duties 2 2010-04-01 2010-04-01 false Reliquidation following decision of court....

  8. The New York Court Review of Children in Foster Care

    Festinger, Trudy Bradley


    Presents a study which investigated three areas: (1) factors related to the court's determination of foster care status or availability of children for adoption; (2) the extent of agreement between agency recommendations and court orders; and (3) the impact of the court review on moving children out of foster care. (SDH)

  9. Highway Safety Program Manual: Volume 7: Traffic Courts.

    National Highway Traffic Safety Administration (DOT), Washington, DC.

    Volume 7 of the 19-volume Highway Safety Program Manual (which provides guidance to State and local governments on preferred highway safety practices) focuses on traffic courts, their purpose and objectives. Federal authority in the area of traffic courts are described. Program development and operations (a study of courts trying traffic cases, a…

  10. Human Dignity: incorporation of the case law of the European Court of Human Rights by the Colombian Constitutional Court

    Silvana Insignares Cera; Viridiana Molinares Hassan


      This paper analyzes how the Colombian Constitutional Court in its jurisprudence includes references to case law of the European Court of Human Rights, in exercising its constitutional oversight and...

  11. Means of determining the condition of insanity in administrative proceedings based on the court practice

    Tatyana Mikhailovna Sekretareva


    Full Text Available Objective in the absence in the Russian administrative legislation of the provisions on the procedure and the ways to detect the condition of insanity of a physical person who has committed an administrative wrongful act there is a variety of lawenforcement acts for the resolution of these issues. In order to further systematize the enforcement acts for the resolution of these issues we consider it necessary to assess the practical application of the provisions of Article 2.8 quotInsanityquot of the Administrative Code by the courts in different Russian regions. Methods the methodological basis of research is the general scientific dialectic method of cognition the author used methods such as analysis synthesis description explanation. Results the author has conducted an analysis of practice of application of the provisions of Article 2.8 quotInsanityquot of the Administrative Code by courts of the Russian Federation. On the basis of this analysis it is found that courts use different methods of establishing the state of insanity of the person who committed the violation of the legislation on administrative offences. This is due to the fact that the courts base on a variety of actual data when establishing the state of insanity in the resolution of specific cases. These actual data were combined into 4 groups. Each method for establishing the state of insanity was evaluated which allowed to conclude about the need to organize the actions of individuals considering the cases on administrative offences aimed at defining the state of insanity of the offender and to offer one of the possible options for resolving the identified problems. Scientific novelty for the first time the analysis of practice of application of Article 2.8 quotInsanityquot of the Administrative Code was made and the author39s assessment of its provisions is given. Practical value the results of the study can be used for the generalization of judicial practice at the level of

  12. The European Legislation and Protection of Trademarks in Romania

    Codruta Stefania Jucan


    Full Text Available Objective: The present paper aims at producing a brief account and analysis of the changes thathave been made to the Romanian Trademark Law during the last few years in order to achieve harmonizationwith the European Trademark Law. Prior Work: The subject is being researched especially by the authorsfrom abroad and only the last years brought new investigations from the Romanians. Approach: The presentpaper was put together using a synthesis and analytical approach, taking in account different sources fromlegislation, court cases to papers that have been written about the subject. Results: The result of this studyindicates a way of harmonizing the internal legislation of Romania with that of the E.U on the subject andfuture directions of Trademark Law. Implications: The present study does its part in the intellectual propertystudies research area, offering a better view on the problems regarding the trademark law and itsnaturalization in the legal systems of the member states. Value: The study at hand is of great value inunderstanding the problems and challenges in the harmonization of legal concepts using the example ofIntellectual Property Rights in the U.E.

  13. Child sex tourism: extending the borders of sexual offender legislation.

    Newman, William J; Holt, Ben W; Rabun, John S; Phillips, Gary; Scott, Charles L


    Child sex tourism, the act of traveling to engage in sexual acts with minors, plagues developing nations worldwide. Several laws have been passed internationally in recent years designed to curtail this practice. Government entities and human rights organizations have driven these efforts. United States citizens represent a significant proportion of participants in child sex tourism. The PROTECT Act of 2003 prohibits United States citizens from participating in sexual acts with minors while traveling, and establishes extraterritorial jurisdiction. The case of Michael Lewis Clark, the first United States citizen convicted under this legislation, is highlighted. Child sex tourism poses unique issues to courts that will require ongoing clarification as challenges arise. This article discusses potential future challenges, describes strategies to address this problem, and relates this issue to psychiatry. Mental health providers may have the role of evaluating both the victims and perpetrators of child sex tourism. The authors propose a classification system for offenses and an initial list of topics to discuss with victims. The authors also describe the proper mechanism for reporting United States citizens suspected of participating in child sex tourism. Copyright © 2011 Elsevier Ltd. All rights reserved.

  14. [Legal aspects of psychiatry in Soviet legislation].

    Babayan, E A


    The Author examines and describes in detail the normative and organizational aspects of forensic-psychiatric services in the URSS. Both criminal expert opinions and civil aspects are described. The problem of civil rights of mentally ill persons are discussed together with education and training of the experts employed in institutions and by the courts.

  15. Recommendations for European health data protection legislation.

    Callens, S; Nys, H


    In year 1 of the SEISMED project, the Katholieke Universiteit Leuven coordinated the inventory and analysis of medical personal data protection legislation in Europe. A report on legal issues of medical data protection legislation in Europe was written by the Vrije Universiteit Amsterdam, the Centre National pour la Recherche Scientifique (Paris) and the University College Dublin. This report served as a basis for a second important legal deliverable, i.e. the Health Informatics Deontology Code. In this third and final report, we take into account the results of the other two legal reports and we formulate recommendations for the national and European legislator. This report analyses critically the upcoming privacy directive. We propose several recommendations which should be taken into account by the European and national legislator. We focused quite extensively on the use of medical data for research purposes. We had several reasons to do this. One of them is the fact that the use of medical data for research purposes is very popular, in particular now the health care sector is becoming more and more 'standardized' by using computers, networksystems and telematics. Legislation is therefore needed. Moreover, the use of medical data for research purposes involves the transfer of data from one Member State to another. Therefore, a harmonized legislation is really needed. We hope that the recommendations we propose, will be taken into consideration by the European legislator.

  16. Hawaii state legislator views on e-cigarettes and likelihood of legislative action.

    Juarez, Deborah Taira; Seto, Jason; Guimaraes, Alexander; Masterson, James; Davis, James; Seto, Todd B


    To examine perspectives on e-cigarette use and regulations in Hawaii through key informant interviews with state legislators. E-cigarette use is rapidly increasing, with sales in 2013 topping $1 billion in the United States, but e-cigarettes are still a largely unregulated industry. Although e-cigarettes are thought by most to be a healthier alternative to traditional cigarettes, long-term health effects are not yet known. Semistructured key informant interviews were conducted with Hawaii state legislators (n = 15). We found a lack of consensus among legislators, which suggests that substantial legislative action is unlikely in the upcoming session. However, most legislators believe that some type of incremental legislation will pass, such as enactment of a small tax, limitations on advertising to protect adolescents, or regulations concerning where people can use e-cigarettes. Legislators eagerly await further research to clarify the overall benefits and harms of e-cigarettes at both the individual and population levels.


    Marko Babic


    Full Text Available Regulating relations in the sphere of housing for their compliance with the Constitution, the legislator has, by the Rent Act, replaced tenant’s right of tenancy, under certain conditions, to lease. Since the alignment of housing legislation implemented during the transition period of transformation of social property and privatization, the legislator, for the owners of apartments, had kept the burden of restrictions on their property rights, the burden of protected tenants, as (inevitable effect to protect vested rights (based on valid legal grounds on the apartment that is not their property. The enforcement of this legal regulation had not demanded that the owners of these apartments suffer greater restrictions on their ownership than the limitations that already existed, and which consisted in impossibility to live in that apartment. However, the Rent Act in Article 19 provides for situations in which the lessor (landlord may cancel the lease to lessee (the former person entitled to tenancy rights. Nevertheless, except for reasons of Article 19 of Rent Act, landlord may terminate the lease if he intends to settle in the apartment wether alone or with his descendants, parents or persons under special regulations to support (Article 21 and 40 of the Rent Act. Regarding to their extreme sensitivity that emerged in implementing the law on real life (dis advantages of addressees, Article 21 Paragraph 2 and Article 40 paragraphs 1 and 2 were before the Constitutional Court in the proceedings initiated in order to assess their conformity with the Constitution. Because of established breach of Articles 3, 14 § 2, 48 paragraph 1 and 50 paragraph 1 of the Constitution, Croatian Constitutional Court in decision and ruling UI-762/1996 abolished Article 21 Paragraph 2 and Article 40 § of Rent Act. In pronouncement of mentioned decision is determined that abolished Article 21 Paragraph 2 and Article 40 Paragraph 2 of Rent Act expire until six months

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

    O.D. Rustemov


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

  19. 论互联网相关市场的界定%The Definition of Relevant Internet Market



    界定相关市场是反垄断法实施中的核心问题。此文主要侧重于互联网相关市场的界定。文章第一部分描述了互联网相关市场的五项基本特征。第二部分介绍中国关于界定互联网相关市场的反垄断立法和有关案件的情形。第三部分推介和阐释了欧盟委员会、德国联邦卡特尔局和德国法院在界定互联网相关市场中应用的理论与方法。文章最后部分提出了关于如何界定中国互联网相关市场的若干建议。%Defining relevant markets is the key issue in enforcing antimonopo-ly law.This paper focuses primarily on the definition of the relevant internet mar-ket.The first part describes 5 basic characteristics of the relevant internet market . The second part introduces the situation of China ’s antimonopoly legislation about the definition of the relevant internet market and the relevant China ’s antimonopoly cases .The third part introduces and explains theories and methods used by the Eu -ropean Commission , German Federal Cartel Office and German courts to define a relevant internet market .Finally, it offers suggestions about how to define the rele-vant internet market in China .

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

    Goga Gina Livioara


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

  1. Report of the Environmental Legislation Review Panel


    A review panel was established in October 1990 to hold public meetings throughout Alberta for providing the public with opportunities to express their views on draft environmental legislation. Overviews of public comments and review panel recommendations regarding the draft legislation are summarized in such categories as sustainable development, discretionary powers, environmental impact assessments, approvals, contaminant releases, conservation and reclamation, waste minimization and recycling, the polluter-pays concept, the role of local government, dispute resolution mechanisms, protected areas, environmental protection orders, and enforcement of the legislation.

  2. Nuclear regulatory legislation, 102d Congress. Volume 2, No. 2


    This document is a compilation of nuclear regulatory legislation and other relevant material through the 102d Congress, 2d Session. This compilation has been prepared for use as a resource document, which the NRC intends to update at the end of every Congress. The contents of NUREG-0980 include The Atomic Energy Act of 1954, as amended; Energy Reorganization Act of 1974, as amended, Uranium Mill Tailings Radiation Control Act of 1978; Low-Level Radioactive Waste Policy Act; Nuclear Waste Policy Act of 1982; and NRC Authorization and Appropriations Acts. Other materials included are statutes and treaties on export licensing, nuclear non-proliferation, and environmental protection.

  3. Nuclear regulatory legislation: 102d Congress. Volume 1, No. 2


    This document is a compilation of nuclear regulatory legislation and other relevant material through the 102d Congress, 2d Session. This compilation has been prepared for use as a resource document, which the NRC intends to update at the end of every Congress. The contents of NUREG-0980 include: The Atomic Energy Act of 1954, as amended; Energy Reorganization Act of 1974, as amended, Uranium Mill Tailings Radiation Control Act of 1978; Low-Level Radioactive Waste Policy Act; Nuclear Waste Policy Act of 1982; and NRC Authorization and Appropriations Acts. Other materials included are statutes and treaties on export licensing, nuclear non-proliferation, and environmental protection.

  4. Nuclear Regulatory legislation: 103d Congress. Volume 1, No. 3



    This document is a compilation of nuclear regulatory legislation and other relevant material through the 103d Congress, 2d Session. This compilation has been prepared for use as a resource document, which the NRC intends to update at the end of every Congress. The contents of NUREG-0980 include the Atomic Energy Act of 1954, as amended; Energy Reorganization Act of 1974, as amended, Uranium Mill Tailings Radiation Control Act of 1978; Low-Level Radioactive Waste Policy Act; Nuclear Waste Policy Act of 1982; and NRC Authorization and Appropriations Acts. Other materials included are statutes and treaties on export licensing, nuclear non-proliferation, and environmental protection.

  5. Nuclear Regulatory legislation: 103d Congress. Volume 2, No. 3



    This document is a compilation of nuclear regulatory legislation and other relevant material through the 103d Congress, 2d Session. This compilation has been prepared for use as a resource document, which the NRC intends to update at the end of every Congress. The contents of NUREG-0980 include the Atomic Energy Act of 1954, as amended; Energy Reorganization Act of 1974, as amended, Uranium Mill Tailings Radiation Control Act of 1978; Low-Level Radioactive Waste Policy Act; Nuclear Waste Policy Act of 1982; and NRC Authorization and Appropriations Acts. Other materials included are statutes and treaties on export licensing, nuclear non-proliferation, and environmental protection.

  6. The problems of cross-border personal bankruptcy in russian and chinese legislation and practice

    Tatiana Kareva


    Full Text Available The subject of the article is the legal and practical problems of cross-border personal bankruptcyin Russia and China.The main goal of this work is to analyze the major issues and obstacles in recognition andenforcement of Russian individual bankruptcy decisions in China and introduce it to Russianscholars and legal professionals.The methodological basis is analysis of the Russian and Chinese legislation, judicial practiceand special literatureThe results, scope of application. This article discusses the possibility of applying the provisionsof the Federal Law On Insolvency (Bankruptcy to the Chinese nationals registered asindividual entrepreneurs in Russia. The article also reviews the Chinese legal regulation andoffers recommendations on execution of the court judgments on bankruptcy and collectionof debts from the PRC nationals. Existing Russian legislation allows to recognize the foreignnationals as bankrupts. The provisions on the cross-border insolvency also apply to them.The bankruptcy in China is not applied currently to the individuals, although theoretically itmay affect their property sphere during the bankruptcy of an individual private enterprise.Conclusions. The cross-border insolvency of the Chinese nationals encounters obstacles on threelevels. Firstly, the awards of the Russian arbitration courts have not been practically enforced inPRC due to inadequate notification of the Chinese party in the case. Secondly, Chinese courts inprinciple are extremely reluctant in recognizing foreign judgments on bankruptcy, such cases areexceptional. Thirdly, there is no personal bankruptcy institution in the PRC, while similar procedureslike bankruptcy of individual private enterprises are not applied in reality, and there are nolegislative prospects for the personal bankruptcy in the nearest future. Therefore, when conductingthe bankruptcy procedure for the Chinese nationals on the Russian territory, one can onlycount on their property located

  7. Matrix of Key Federal Statutes and Federal and State Court Decisions Reflecting the Core Concepts of Disability Policy

    Turnbull, H. Rutherford, III; Stowe, Matt; Klein, Samara; Riffel, Brandon


    This matrix displays the decisions of the United States Supreme Court and the federal statutes most relevant to individuals with disabilities and their families. It is organized according to the core concepts of disability policy as identified by Rud Turnbull and his colleagues at the Beach Center on Disability, the University of Kansas, Lawrence,…

  8. Courts, Scheduled Damages, and Medical Malpractice Insurance

    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...

  9. Trial by Jury in Russian Military Courts

    Nikolai P. Kovalev


    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.

  10. Sociomateriality at the Royal Court of IS

    Kautz, Karlheinz; Jensen, Tina Blegind


    The notion of ‘sociomateriality’ has recently gained in popularity among information systems (IS) scholars in their search for providing new ways of investigating and theorizing about IS in organizations and society at large. While some scholars put forward arguments and research accounts that lead...... for progressing the theorizing of ‘man–machine’ reconfigurations, we point to the necessity of a deeper exploration of the term. Inspired by the Alternative Genres Track at the European Conference on Information Systems 2012, the purpose here is to take a fresh look, to evoke new insights and to gain deeper...... 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...


    Oleg Kozhevnikov


    Full Text Available УДК 347.734The relevance of the study is determined by the debates around legal rules devoted to the bank deposit contract, as well as an extensive judicial practice, revealing the problems of existing legislation. Purpose: to systematize the main problems of enforcement related to the bank deposit contract and to suggest ways of improving the current legislation. Meth-ods: general and special scientific methods (systemic, comparative, formal-logical and other are used. Results: on the basis of the comparative experience of Belarus, Kazakhstan and other foreign countries, analysis of judicial practice proposals to improve existing legislation are presented (including types of contract, investigation of deposits, bail-in.The authors conclude, it is necessary to supplement Chapter 44 of Russian Civil Code by rules on types of bank deposit agreement, establish the order of registration of the deposit and deposited funds with the remote technology, by list of requirements as to the form of deposit and savings certificates, by details and peculiarities of treatment, as well as consolidate the definition of "interest capitalization" and establish the list of cases of restriction of the rights of depositors for disposal of deposits. Procedural rules on the investigation of the deposits, determining the jurisdiction of cases on the protection of investors, are also should be improved.

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

    Nielsen, Ruth; Tvarnø, Christina D.


    This article discusses the rulings of the CJEU1 and the Danish Supreme Court2 in the Ajos-case. This case is about the general principle of prohibition of age discrimination. The dispute concerned two private persons – an employer and an employee – who disagreed on the payment of a severance...... allowance. The main legal issue in the case is how EU law is to be applied by the national courts in the context of disputes between private persons. The Ajos-case is a Danish example of the reception of the CJEU’s judgments in Mangold 3 and Kücükdeveci4 in national courts, see these cases and the reception...... 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...

  13. 10 CFR 51.88 - Proposals for legislation.


    ...) Legislative Environmental Impact Statements-Proposals for Legislation § 51.88 Proposals for legislation. The... proposals for legislation. final environmental impact statements—general requirements ... 10 Energy 2 2010-01-01 2010-01-01 false Proposals for legislation. 51.88 Section 51.88...

  14. Republic of science and court on chemistry

    Jung, Wan Sang


    This book introduces the such a bizarre science class through our life, which is comprised of ten chapters. The contents of this book are case by gas, case by solubility, case by change of state, case by metal, case by density, case by oxidize, case by pressure, case by electrochemistry, case by heat. Each chapter has a few cases related chemical reaction and solution with interesting titles. It revels the birth of court for chemistry and becoming intimate with chemistry in the epilogue.

  15. Framework for Analysis of Mitigation in Courts


    examinations in six Swedish (Andenaes, 1968; Inger, 1986) and five Bulgarian (Terziev, 1987) court trials. Altogether the bilingual corpus consists of 46 000...not be mitigated because they do not have unwelcome effect, which is problematic to apply especially in intercultural communication perspective...Acknowledgements I express my gratitude to Jens Allwood and The Swedish Foundation of International Cooperation in Research and Higher Education (STINT) for

  16. Legislative Action: The Possibility of Instant Retrenchment.

    Jedamus, Paul


    Planning models developed at the University of Colorado, Boulder and resulting strategies for coping with legislated retrenchment are presented. Several areas for course of action are examined: contingency planning, planning for flexibility and enhancing real productivity. (LC)

  17. CDC STATE System Tobacco Legislation - Preemption

    U.S. Department of Health & Human Services — 1995-2016. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation—Preemption. The STATE...

  18. CDC STATE System Tobacco Legislation - Smokefree Campus

    U.S. Department of Health & Human Services — 1995-2016. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation – Smokefree Campuses....

  19. CDC STATE System Tobacco Legislation - Licensure

    U.S. Department of Health & Human Services — 1995-2016. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation—Licensure. The STATE...

  20. New protein sources and food legislation

    Belluco, Simone; Halloran, Afton Marina Szasz; Ricci, Antonia


    Growing global food demand has generated a greater interest in the consumption of new and diversified protein sources. Novel foodstuffs represent a challenge for food law as they need proper safety assessments before obtaining market permission. The case of edible insects and European law is a good...... representation of this issue because a selection of food grade insect species may be available on the European market in the coming years. However, European legislation does not explicitly address edible insects. Consequently, this has left a grey area, allowing different interpretations of the legislation among...... Member States. The aim of this paper is to analyse the challenge of the safe management of edible insects in the context of the current legal framework. The current Novel Food legislation, as well as the forthcoming version of the legislation, will be analysed and discussed in relation to edible insects...

  1. CDC STATE System Tobacco Legislation - Preemption Summary

    U.S. Department of Health & Human Services — 1995-2016. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation—Preemption. The STATE...

  2. CDC STATE System Tobacco Legislation - Advertising

    U.S. Department of Health & Human Services — 1995-2015. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation – Advertising. The STATE...

  3. CDC STATE System Tobacco Legislation - Smokefree Campus

    U.S. Department of Health & Human Services — 1995-2017. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation – Smokefree Campuses. The...

  4. CDC STATE System Tobacco Legislation - Smokefree Campus

    U.S. Department of Health & Human Services — 1995-2016. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation – Smokefree Campuses. The...

  5. CDC STATE System Tobacco Legislation - Preemption Summary

    U.S. Department of Health & Human Services — 1995-2017. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation—Preemption. The STATE...

  6. CDC STATE System Tobacco Legislation - Fire Safety

    U.S. Department of Health & Human Services — 1995-2016. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation – Fire-Safety. The STATE...

  7. CDC STATE System Tobacco Legislation - Youth Access

    U.S. Department of Health & Human Services — 1995-2016. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation—Youth Access. The STATE...

  8. CDC STATE System Tobacco Legislation - Tax

    U.S. Department of Health & Human Services — 1995-2017. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation-Tax. The STATE System...

  9. CDC STATE System Tobacco Legislation - Tax

    U.S. Department of Health & Human Services — 1995-2016. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation-Tax. The STATE System...


    Beatrice Onica Jarka


    Full Text Available * This paper has been prepared within the research project „Standardization of Judicial Practice and Harmonization With the ECHR Jurisprudence, a Mandatory Condition to Enforce Justice. Legislative Proposal to Grant Aconsistent Judicial Practice” (ID-1094 financed by the Romanian Minister of Education, Research, Youth and Sports.The article focuses on the practice of the Romanian Courts in awarding the attorneys’ fees of the awarded litigating party in the Romanian civil trial and the dichotomy between the different approaches of the attorney’s fees incurred by the awarded litigating party. An analysis of the criteria used for obliging the default litigating party to pay the attorneys’ fees of the awarded litigating party as judicial expenses shall be made to show the interdependence of the material provisions governing the legal assistance contract and the procedural relation created between the default litigating party and the awarded litigating party in the civil trial. The article shall consider the lack of substance of the abuse of law and the delictual liability as a reasoning used by the Romanian Courts in decreasing or not awarding the attorneys’ fees as judicial expenses for the awarded party and the criteria applied by the European Court of Human Rights for such cases as an instrument of creating consistency in the Romanian Courts practice in this field.

  11. The Roles of the Supreme Court of the Republic Indonesia in Enforcement of International Arbitral Awards in Indonesia

    Mutiara Hikmah


    Full Text Available Indonesia has been being a member of the 1958 New York Convention since 1981, namely upon issuance of the Presidential Decree No. 34 of 1981. Prior to taking into force of the Regulation of the Supreme Court of the Republic of Indonesia No. 1 of 1990 on Procedures for Enforcement of Foreign Arbitral awards, there were still constraints for the foreign business players in term of enforcement of arbitral awards in Indonesia. The Supreme Court as the highest judicial institution in Indonesia holds that international arbitral awards can not be enforced in Indonesia. After the Indonesian Supreme Court has issued such a regulation, enforcement of international arbitral awards in Indonesia began to be enforceable, because the procedural law that governs the procedures for execution of arbitral awards has been clear. In order to regulate better the international arbitral award problems in the hierarchy of legislation, on October 12, 1999, the Law on Arbitration and Alternative Dispute Resolution was promulgated. In that Law, there is a special part discussing the International Arbitration. This study examines the development of international arbitral award enforcement in Indonesia before Indonesia becoming member of the 1958 New York Convention, until nowadays, by analyzing the international arbitral awards that were decided by the Supreme Court of the Republic of Indonesia after the coming into effect of the Arbitration Law.

  12. Procedural Justice in Dutch Administrative Court Proceedings

    André Verburg


    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.

  13. Courts and health care rationing: the case of the Brazilian Federal Supreme Court.

    Wang, Daniel W L


    The recognition that access to health care is a constitutional right in Brazil has resulted in a situation in which citizens denied treatments by the public health care system have brought lawsuits against health authorities, claiming that their right to health was violated. This litigation forces the courts to decide between a patient-centred and a population-centred approach to public health - a choice that forces the courts to assess health care rationing decisions. This article analyses the judgments of the Brazilian Federal Supreme Court in right to health cases, arguing that the Court's recent decisions have been contrary to their long-standing stance against rationing. In 2009, the Court organized a public hearing to discuss this topic with civil society and established criteria to determine when rationing would be legal. However, I argue that these criteria for health care rationing do not adequately address the most difficult health care distribution dilemmas. They force the health care system to keep their rationing criteria implicit and make population-centred concerns secondary to individual-centred ones.

  14. Legislating Interprofessional Regulatory Collaboration in Nova Scotia

    William Lahey


    Full Text Available To shift health professions regulation from traditional to ‘collaborative’ self-regulation, Nova Scotia has adopted legislation which will: make all self-regulating health professions members of the Regulated Health Professions Network; mandate the Network to facilitate voluntary collaboration among its members; and enable regulators to work together on investigations of patient complaints, to adjust scopes of practice on an ongoing basis and to adjudicate appeals of unsuccessful applicants for registration. The goals are to give health professions regulation the capacity to enable and support the functioning of interprofessional teams. The legislation was adopted primarily for two reasons: collaborative development and unanimous support by all of the province’s self-regulating professions; and alignment with the government’s health care reform agenda and its emphasis on collaborative team-based care. Contrary to the approach of several other provinces, the legislation will enable but not require regulators to collaborate on the premise that consensual collaboration is more likely to happen, to be meaningful and to yield tangible benefits. Support for this approach can be taken from the impressive collaborative work on which the legislation is based. Evaluation will be critical, and the five-year review required by the legislation will give Nova Scotia the opportunity to test not only the legislation but the ideas on which it is based. The extent of the legislation’s reliance on voluntary process will prove to be either its greatest strength or its greatest weakness.

  15. 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

    葉啟洲 Chi-Chou Yeh


    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

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

    Francesco Paolo Busardò


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

  17. Human tissue legislation in South Africa: Focus on stem cell ...

    Human tissue legislation in South Africa: Focus on stem cell research and therapy. ... Related Substances Act, the Consumer Protection Act, the Children's Act and ... human tissue legislation in SA, the legislator has an opportunity to mirror the ...

  18. The consideration of ecological safety in judicial practice-also on the ecological safety legislation

    L(U) Zhongmei


    Ecological safety has been one of the hot issues of environmental law in recent years.The maintenance of ecological safety has become one of the legislative principles,as exemplified by the revision of the Law of Sand Prevention and Sand.Management and the Law against Solid Waste Environmental Pollution,and the relevant rules that will be established.However actual cases will still happen,whether the legislators have made the statutory law or not.While scholars and legislators are debating,the judges have to handle cases and render judgments.Through the analysis of a case,this article will discuss the feasibility for judges to make ecological safety considerations in the judicial process by applying the principle of good faith and will also discuss the legislative issues related to ecological safety.

  19. Overview of the gaps in the health care legislation in Georgia: short-, medium-, and long-term priorities.

    Kiknadze, Nino; Beletsky, Leo


    After gaining independence following the dissolution of the Soviet Union, Georgia has aspired to become the region's leader in progressive legal reform. Particularly in the realm of health care regulation, Georgia has proceeded with extensive legislative reforms intended to modernize its health care system, and bring it in line with international standards. As part of a larger project to improve human rights in patient care, we conducted a study designed to identify gaps in the current Georgian health care legislation. Using a cross-site research framework based on the European Charter of Patients’ Rights, an interdisciplinary working group oversaw a comprehensive review of human rights legislation pertinent to health care settings using various sources, such as black letter law, expert opinions, court cases, research papers, reports, and complaints. The study identified a number of serious inconsistencies, gaps, and conflicts in the definition and coverage of terms used in the national legislative canon pertinent to human rights in patient care. These include inconsistent definitions of key terms "informed consent" and "medical malpractice" across the legislative landscape. Imprecise and overly broad drafting of legislation has left concepts like patient confidentiality and implied consent wide open to abuse. The field of health care provider rights was entirely missing from existing Georgian legislation. To our knowledge, this is the first study of its kind in Georgia. Gaps and inconsistencies uncovered were categorized based on a short-, medium-, and long-term action framework. Results were presented to key decision makers in Georgian ministerial and legislative institutions. Several of the major recommendations are currently being considered for inclusion into future legal reform. Copyright © 2013 Kiknadze and Beletsky. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http

  20. Enacting legislation to restrict youth access to tanning beds: a survey of advocates and sponsoring legislators.

    Obayan, Busayo; Geller, Alan C; Resnick, Elissa A; Demierre, Marie-France


    Passing tanning bed legislation restricting underage use has remained challenging. We sought to determine the resources required to pass tanning bed legislation restricting use to children and identify key barriers to its passage. A total of 15 states sought to pass tanning bed legislation in 2006; in-depth surveys were completed with advocates in 10 states and legislators in 5 states. Advocates sought advice from the sponsoring legislator or legislators (n = 9), held discussions with other organizations (n = 8), and used a lobbyist (n = 5). The 3 major barriers were strong lobbying efforts by the tanning bed industry (n = 10), proceedings after the bill was filed (n = 5), and obtaining support from other organizations (n = 4). For legislators, the most significant barrier was making colleagues aware of the health effects of tanning bed use. Five of 10 legislators and 10 of 15 advocates responded to the survey. Barriers to passage of tanning bed legislation can potentially be surmounted with advice to advocates and coordinated efforts by multiple organizations. Copyright (c) 2009 American Academy of Dermatology, Inc. Published by Mosby, Inc. All rights reserved.

  1. Zum Ausdruck der Bewertung in deutschen und litauischen gerichtlichen Entscheidungen | Expression of evaluation in German and Lithuanian court judgments

    Virginija Masiulionytė


    Full Text Available This paper deals with the expression of evaluation in German and Lithuanian court judgments in civil cases. The purpose is to analyze lexical and grammatical devices, used by the court – the source of evaluation in this text type – in its judgments to express its opinion towards certain objects of evaluation. The analyzed corpus consists of 10 randomly selected court judgments in German (44 522 words in total and 10 in Lithuanian (38 347 words in total. The actual scope of the paper is a particular part of the judgments, namely, the grounds, in which the court examines the suit, pleadings of the parties, certain issues, facts and circumstances relevant for the decision etc. and gives its reasons for the decision. The respective parts of court decisions make up a subcorpus of 29 274 words in German and 18 693 words in Lithuanian. The main focus of the research are the aspects of evaluation, i. e. particular attributes of the objects evaluated. It has been found that in the analyzed court judgments the objects are evaluated in terms of success, merits, admissibility, veracity, reasonableness, persuasiveness, suitability, extent, probability etc. The research shows that lexical devices used in the court judgments in both languages to express the evaluation are typically formed on the same basis, e. g. tikėtina ‘(it is probable’ and tikimybė ‘probability’, abejoti ‘to doubt’ and abejonės ‘doubts’, unangemessen ‘unreasonable’ and Unangemessenheit ‘unreasonableness’; zweifelhaft ‘dubious’, zweifelsfrei ‘free of doubt’ and Zweifel ‘doubt’. In comparison to the German court judgments analyzed, Lithuanian court judgments contain an wider diversity of specific lexical constructions containing verba dicendi and verba putandi, in which the evaluating subject is encoded explicitly. The constructions found include the following: teismas sprendžia, kad/jog ‘the court rules that’, teismas laiko, kad ‘the court

  2. Cooperation between national administrative courts- the Court of the European Union and the European Court for the Protection of Fundamental Rights and Freedoms in implementing administrative court decisions after the Lisabon Treaty

    Bosiljka Britvić Vetma


    Full Text Available Over the last few decades, national administrative courts have been faced with several Copernican twists. Among them has been the ratification of the European Convention for the protection of human rights and fundamental freedoms as well as accession to the EU legal order. The authors of this paper believe it is necessary to mark the most recent changes, which have occurred as a result of Croatia gaining full membership to the EU. This includes in the cooperation among the national administrative courts, the Court of the European Union and the European Court for the Protection of Human Rights and Fundamental Freedoms in the implementation of the decisions by administrative courts. The aim of this cooperation is to avoid the conflicting court practice for the same case or the same legal problem. The authors here concisely examine the period “after” the Lisbon Treaty, noting certain difficulties and sources of conflict in implementation.

  3. Does State Legislation Improve Nursing Workforce Diversity?

    Travers, Jasmine; Smaldone, Arlene; Cohn, Elizabeth Gross


    A health-care workforce representative of our nation's diversity is a health and research priority. Although racial and ethnic minorities represent 37% of Americans, they comprise only 16% of the nursing workforce. The purpose of this study was to examine the effect of state legislation on minority recruitment to nursing. Using data from the National Conference of State Legislatures, American Association of Colleges of Nursing, and U.S. census, we compared minority enrollment in baccalaureate nursing programs of states (Texas, Virginia, Michigan, California, Florida, Connecticut, and Arkansas) before and 3 years after enacting legislation with geographically adjacent states without legislation. Data were analyzed using descriptive and chi-square statistics. Following legislation, Arkansas (13.8%-24.5%), California (3.3%-5.4%), and Michigan (8.0%-10.0%) significantly increased enrollment of Blacks, and Florida (11.8%-15.4%) and Texas (11.2%-13.9%) significantly increased enrollment of Hispanic baccalaureate nursing students. States that tied legislation to funding, encouragement, and reimbursement had larger enrollment gains and greater minority representation. © The Author(s) 2015.

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

    Mayoral, Juan A.; Wind, Marlene


    National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour...... in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments....

  5. Structured mayhem: personal experiences of the Crown Court

    Jacobson, Jessica; Hunter, G.; Kirby, Amy


    Synopsis: A CJA briefing on the sometimes harrowing experiences of victims, witnesses and defendants in a wide-ranging series of Crown Court cases. Structured Mayhem is a digest of a remarkable piece of research carried by the Institute for Criminal Policy Research. Featuring extensive interviews with court users it furnishes a stark reminder that, for all the progress made in recent years, our courts all too often still cause huge frustration and distress to victims and witnesses, and also d...

  6. Performance Assessment in Courts - The Swiss Case

    Andreas Lienhard


    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.

  7. Courting the idea of national health.

    Draper, J


    Compromise is the name of the game as America works towards a system of health insurance. In the run up to the presidential elections, John Draper looks at the current legislative proposals and their chances of survival in a country which has always shied away from 'socialised' health care.

  8. The CISG in Denmark and Danish Courts

    Lookofsky, Joseph


    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...




    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.

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

    Martinsen, Bodil


    to assume that they are able to monitor and thus evaluate the interpreting if the foreign language used in court belongs to the major ones within the Danish educational system, like English or French, contrary to "exotic" migrant languages. This paper highlights the problem that the interpreted proceedings...... 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.  ...

  11. [History of psychiatric legislation in Italy].

    Stocco, Ester; Dario, Claudia; Piazzi, Gioia; Fiori Nastro, Paolo


    The different models of mental illness which have followed one another in Italian psychiatry have been linked to the history of psychiatric legislation and its various attempts at reform. The first law of the newly United State which unified legislations and former procedures, whose prevalent psychiatric theories were those that referred to degeneration, was the law 36/1904 that set up the asylums. Accordingly psychiatric praxis was focused on social protection and custody, given that the mentally ill was seen as incurable; Fascism added the inmate's obligation to be enrolled in the judicial register. Afterwards numerous attempts to reform the psychiatric legislation were made that eventually gave rise to law 431/1968 which paved the way to territorial psychiatry. Law 180/1978 changed the organization of Italian psychiatry abolishing asylums and the concept of dangerousness, including psychiatry in the National Health Service but adopting an idea of mental illness as simply social unease.




    Full Text Available In the context of the debate analysis from the last decades on the relationship between accounting and taxation, independence or dependence of the accounting rules from the tax ones and taking into consideration that the independence of the two leads to permanent and even significant differences between the accounting and tax profit, I found that certain terms are regulated differently in accounting legislation in our country compared to fiscal one or the legislation in the economic field. Taken from this perspective the main objective of this scientific approach is the identification of accounting and tax legislative nonconformities and the proposal of the ways to solve them so as to eliminate, where possible, differentiated professional interpretations.

  13. Green Courts in India: Strengthening Environmental Governance? - Student Note

    Raghav Sharma


    Full Text Available The Constitution of India has been the bulwark of Indian environmental governance. Right to clean environment, as an incident of 'right to life', has become enshrined under Article 21 through judicial interpretation. The Indian experience, involving easy access to justice through Public Interest Litigation, demonstrates that 'independent' and 'powerful' superior courts are indispensable for securing environmental justice. However, this ideal turns into a mirage when the superior courts fail to satisfactorily resolve environmental disputes involving scientific and technical questions due to lack of permanent expert panels to assist them. To surmount this practical impediment, the Law Commission of India has mooted the idea of specialised Environmental (Green Courts in its 186 th Report which will be structurally modeled on similar courts functioning in Australia and New Zealand . While recognising the significance of a specialised judiciary, this paper criticizes the proposal of the Law Commission as a half hearted attempt in this direction. The proposed structure is utterly unimpressive as it purports to withdraw environmental disputes from the jurisdiction of superior courts while entrusting them to weak Environmental Courts which appear vulnerable to substantial executive interference. It fails to subserve the high aim of efficacious dispute resolution as the proposed courts have been weaned of the wide powers which the superior courts were hitherto exercising in environmental matters. Thus, as an alternative, it is proposed that a more pragmatic course will be to create specialist divisions within the existing Indian High Courts to effectively address the practical problems involved in environmental adjudication.

  14. Clinton asks court to rule against assisted suicide.


    The U.S. Supreme Court has been urged by the Clinton Administration to overturn two appeals court rulings that bar States from enforcing laws that prohibit doctor-assisted suicide. Solicitor General Walter Dellinger asked the court to reverse rulings by the 2nd and 9th U.S. Circuit Court of Appeals blocking New York and Washington States from arresting doctors who hasten the death of patients. In both cases, the plaintiff included people with AIDS and their caregivers. President Clinton previously stated that he opposes euthanasia. AIDS policy advocates generally support legalizing assisted suicide and were disappointed in the administration's involvement in these cases.

  15. The Case for Same-Sex Marriage Before the European Court of Human Rights.

    Hamilton, Frances


    For proponents of same-sex marriage, this essay sets forwards a critical analysis of relevant arguments before the European Court of Human Rights. The privacy aspect of Article 8 European Convention of Human Rights will never be a successful argument with reference to marriage, which involves a public status. The equality argument (Article 14) is useful in addressing this issue with its close connections with citizenship, symbolic value and proven record internationally. Difficulties remain with the equality argument; its conditional status, the width of the margin of appreciation allocated and the need for an equality comparator. The equality argument needs reinforcement by use alongside a developing family law argument under Article 8 and a dynamically interpreted Article 12 (right to marry) argument. Ultimately, the success of any argument depends upon convincingly influencing the European Court to consider that sufficient consensus has developed among Member States of the Council of Europe.

  16. Plate tectonics and offshore boundary delimitation: Tunisia-Libya case at the International Court of Justice

    Stanley, Daniel Jean


    The first major offshore boundary dispute where plate tectonics constituted a significant argument was recently brought before the International Court of Justice by Libya and Tunisia concerning the delimitation of their continental shelves. Libya placed emphasis on this concept to determine natural prolongation of its land territory under the sea. Tunisia contested use of the entire African continental landmass as a reference unit and views geography, geomorphology and bathymetry as relevant as geology. The Court pronounced that “It is the outcome, not the evolution in the long-distant past, which is of importance.” Moreover, it is the present-day configuration of coasts and seabed that are the main factors, not geology.

  17. Do Specialty Courts Achieve Better Outcomes for Children in Foster Care than General Courts?

    Sloan, Frank A.; Gifford, Elizabeth J.; Eldred, Lindsey M.; Acquah, Kofi F.; Blevins, Claire E.


    Objective: This study assessed the effects of unified family and drug treatment courts (DTCs) on the resolution of cases involving foster care children and the resulting effects on school performance. Method: The first analytic step was to assess the impacts of presence of unified and DTCs in North Carolina counties on time children spent in…

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

    Jacobsen, Bente


    that Danish court interpreters regularly fail to adhere to one of the rules stipulated under accuracy and completeness: the rule regarding additions. The contention is one of the hypotheses of a recently undertaken PhD project which aims at demonstrating the presence of additions in interpreter renditions...

  19. Smoke-free legislation and child health

    Faber, Timor; Been, Jasper V; Reiss, Irwin K; Mackenbach, Johan P; Sheikh, Aziz


    In this paper, we aim to present an overview of the scientific literature on the link between smoke-free legislation and early-life health outcomes. Exposure to second-hand smoke is responsible for an estimated 166 ,000 child deaths each year worldwide. To protect people from tobacco smoke, the World Health Organization recommends the implementation of comprehensive smoke-free legislation that prohibits smoking in all public indoor spaces, including workplaces, bars and restaurants. The implementation of such legislation has been found to reduce tobacco smoke exposure, encourage people to quit smoking and improve adult health outcomes. There is an increasing body of evidence that shows that children also experience health benefits after implementation of smoke-free legislation. In addition to protecting children from tobacco smoke in public, the link between smoke-free legislation and improved child health is likely to be mediated via a decline in smoking during pregnancy and reduced exposure in the home environment. Recent studies have found that the implementation of smoke-free legislation is associated with a substantial decrease in the number of perinatal deaths, preterm births and hospital attendance for respiratory tract infections and asthma in children, although such benefits are not found in each study. With over 80% of the world’s population currently unprotected by comprehensive smoke-free laws, protecting (unborn) children from the adverse impact of tobacco smoking and SHS exposure holds great potential to benefit public health and should therefore be a key priority for policymakers and health workers alike. PMID:27853176

  20. On dynamics of legislative work and its effects

    Nikolić Dušan


    Full Text Available Through a short comparative analysis, the author showed how much the speed of legislative work can influence the quality of normative solutions, and their effects in legal practice. Special attention was paid to the Austrian civil code (Allgemeines bürgerliches Gesetzbuch - ABGB, ACC, of year 1811, which succeeded in resisting the challenges of time for two centuries. A number of factors influenced its longevity. First of all, prior to adoption of the law, a long lasting and well designed work, which has been described in greater detail in this article, was done. The Code was written gradually, with lots of recalculations, checks and public debates. In legal literature, it is often written about a unique lawmaking experiment, which Austrian authorities made by implementing the Code in one part of the state territory. The Code was written for feudal order, but according to principles of natural law. This second thing has, in addition to widely formulated and flexible legal norms, left enough space for extensive interpretation of outdated rules, and filling in the legal lacunas, whose number was increasing as the time passed. Courts often used this opportunity in a creative manner, contributing to survival of the Code. Many additions and changes were made to the Code, but there were few of those who thought that it should be changed by a new one Code. Austrians are preparing a more detailed revision of the ACC, which will allow modernization of the national law and it's synchronization with trends in current European law, but on the other hand, to preserve the two century old legal heritage. In contrast, the Serbian civil code of 1844. emerged from different social and economic conditions. It was written in a relatively short period of time, with the Austrian code as a model. The opinion that the legislator contributed to the rapid decadence of family clans (porodična zadruga and along with it the economic weakening of society as a whole, by his

  1. The High Court's lost chance in medical negligence: Tabet v Gett (2010) 240 CLR 537.

    Faunce, Thomas; McEwan, Alexandra


    In 2010 the High Court of Australia in Tabet v Gett (2010) 240 CLR 537 determined an appeal in a medical negligence case concerning a six-year-old girl who had presented to a major paediatric hospital with symptoms over several weeks of headaches and vomiting after a recent history of chicken pox. The differential diagnosis was varicella, meningitis or encephalitis and two days later, after she deteriorated neurologically, she received a lumbar puncture. Three days later she suffered a seizure and irreversible brain damage. A CT scan performed at that point showed a brain tumour. As Australia does not have a no-fault system providing compensation to cover the long-term care required for such a condition, the girl (through her parents and lawyers) sued her treating physician. She alleged that, because a cerebral CT scan was not performed when clinically indicated after the diagnosis of meningitis or encephalitis and before the lumbar puncture, she had "lost the chance" to have her brain tumour treated before she sustained permanent brain damage. She succeeded at first instance, but lost on appeal. The High Court also rejected her claim, holding unanimously that there were no policy reasons to allow recovery of damages based on possible (less than 50%) "loss of a chance" of a better medical outcome. The court held that the law of torts in Australia required "all or nothing" proof that physical injury was caused or contributed to by a negligent party. The High Court, however, did not exclude loss of chance as forming the substance of a probable (greater than 50%) claim in medical negligence in some future case. In the meantime, patients injured in Australia as a result of possible medical negligence (particularly in the intractable difficult instances of late diagnosis) must face the injustice of the significant day-to-day care needs of victims being carried by family members and the taxpayer-funded public hospital system. The High Court in Tabet v Gett again provides

  2. HIV/AIDS and the South African Bill of Rights, with specific reference to the approach and role of the courts.

    Mubangizi, John C


    An outstanding feature of the 1996 South African Constitution is the inclusion of a Bill of Rights, which contains all the categories of human rights that are ordinarily included in most international human rights instruments. Section 27 provides for, among other things, the right to health care services and the right to emergency medical treatment. Several other provisions in the Bill of Rights are quite relevant to the fight against HIV/AIDS and to protecting the rights of those who are infected. The South African courts, particularly the Constitutional Court, have often been called upon to interpret and give effect to some of these rights. Judgements regarding confidentiality, HIV testing, access to medication and related issues have been passed in the courts. In that sense, the courts can and have played a pivotal role in the fight against the HIV/AIDS pandemic. In spite of that, South Africa is still perceived as a country that has failed to address the issue of HIV/AIDS with the urgency that it deserves. This article discusses the extent to which the South African Bill of Rights provides for those rights relevant to persons with HIV/AIDS and it examines some decisions by the courts regarding the enforcement of those rights. The article also explores how and whether or not particular court decisions have been implemented and honoured.

  3. Air Pollution and Control Legislation in India

    P Bhave, Prashant; Kulkarni, Nikhil


    Air pollution in urban areas arises from multiple sources, which may vary with location and developmental activities. Anthropogenic activities as rampant industrialization, exploitation and over consumption of natural resources, ever growing population size are major contributors of air pollution. The presented review is an effort to discuss various aspects of air pollution and control legislation in India emphasizing on the history, present scenario, international treaties, gaps and drawbacks. The review also presents legislative controls with judicial response to certain landmark judgments related to air pollution. The down sides related to enforcement mechanism for the effective implementation of environmental laws for air pollution control have been highlighted.

  4. Statistical Analysis Of Data Sets Legislative Type

    Gheorghe Săvoiu


    Full Text Available This paper identifies some characteristic statistical aspects of the annual legislation’s dynamics and structure in the socio-economic system that had defined Romania, over the last two decades. After a brief introduction devoted to the concepts of social and economic system (SES and societal computerized management (SCM in Romania, first section describes the indicators, the specific database and the investigative method and a second section presents some descriptive statistics on the suggestive abnormality of the data series on the legislation of the last 20 years. A final remark underlines the difficult context of Romania’s legislative adjustment to EU requirements.

  5. Norway's ICT Accessibility Legislation, Methods and Indicators.

    Rygg, Malin; Rømen, Dagfinn; Sterri, Brynhild Runa


    This paper gives an overview of the Norwegian legislation on Universal Design of information and communication technology (ICT) and how the Norwegian Authority for Universal Design of ICT works to enforce and achieve the goals behind the legislation. The Authority uses indicators to check websites for compliance with the regulations. This paper describes the rationale and intended use for the indicators and how they are used for both supervision and benchmarks as well as a way of gathering data to give an overview of the current state of Universal Design of websites in Norway.


    Chan, Benny; Somerville, Margaret


    In its landmark decision Carter v Canada (Attorney General), the Supreme Court of Canada ruled that the criminal prohibition on physician-assisted suicide and euthanasia for certain persons in certain circumstances violated their rights to life, liberty, and security of the person in sec. 7 of the Canadian Charter of Rights and Freedoms and thus was unconstitutional. The Supreme Court in effect overruled its earlier decision, Rodriguez v British Columbia (Attorney General), which upheld the prohibition as constitutionally valid, on the basis of changes in Charter jurisprudence and in the social facts since Rodriguez was decided. We argue that the Supreme Court's Carter decision shows conceptual disagreements with its Rodriguez decision concerning the nature and scope of the sec. 7-protected interests and the accompanying principles of fundamental justice. Not only do these conceptual differences have little to do with the changes that the Court in Carter invoked for 'revisiting' Rodriguez, the Court's articulation of the sec. 7 interests, particularly the right to life, and the principles of fundamental justice, especially the principle of over breadth, are problematic on their own terms. Furthermore, the way in which the Court dealt with evidence regarding abuses in permissive jurisdictions is also subject to criticism. We recommend that if, as now seems inevitable, legislation is introduced, it should mandate that assisted suicide and euthanasia be performed by specially licensed non-medical personnel and only on the authorization of a Superior Court judge. We also reject the key recommendations recently issued by the Provincial-Territorial Expert Advisory Group on Physician-Assisted Dying.

  7. Obamacare's (3) Day(s) in Court.

    Moncrieff, Abigail R


    Before the oral arguments in late March, the vast majority of legal scholars felt confident that the Supreme Court of the United States would uphold the individual mandate against the constitutional challenge that 26 states have levied against it. Since the oral arguments, that confidence has been severely shaken. This article asks why legal scholars were so confident before the argument and what has made us so concerned since the argument. The article posits that certain fundamental characteristics of health insurance, particularly its unusual role in steering health-care consumption decisions, which distinguishes health insurance from standard kinds of indemnity insurance, should make the constitutional question easy, but the Obama Administration's legal team was understandably hesitant to highlight those unique characteristics in its arguments. Because the Supreme Court justices seemed not to understand the uniqueness of health insurance without the government's help and because the justices seemed unusually willing to adopt a new constitutional constraint in this case, the individual mandate appears to be in far greater jeopardy than we legal scholars anticipated.

  8. South African court rejects country's new constitution.


    Fundamental principles designed to ensure that South Africa's new constitution upholds a wide range of individual rights and freedoms and establishes a responsive government with a balanced separation of powers, including recognition of the role of traditional tribal leadership, were adopted into the current interim constitution shortly before the 1994 free elections which brought Nelson Mandela and the African National Congress to power. In a judgement issued on September 6, 1996, South Africa's Constitutional Court rejected the country's new draft constitution, arguing that it failed to meet the standards of nine of the 34 principles established at the Kempton Park negotiations. The Constitutional Assembly is comprised of a joint meeting of the National Assembly and Senate. One of the court's major objections to the constitution concerned the proposed structure of rule, which was seen to give inadequate power to South Africa's nine provinces as compared with the national government. However, the bill of rights was almost entirely upheld. The bill would create a favorable environment for legalized abortion and guarantee a universal right of access to health care, including reproductive health services

  9. The congressional viewpoint: Deficit reduction and risk legislation

    Chakoff, H.E.


    This presentation will provide a current congressional status of legislation related to low-level waste and DOE cleanup. Key legislation discussed will include S. 755 for Privatization of the Uranium Enrichment Corporation and the markup of H.R. 1020, the Nuclear Waste Legislation. In addition, the session will include a discussion of legislation related to the approval of the Texas compact.

  10. Civil responsibility in traffic accidents with cars – relevant aspects of legislation, doctrine and jurisprudenceResponsabilidade civil em acidentes de trânsito automobilístico – aspectos relevantes da legislação, doutrina e da jurisprudência

    Aline Passos de Azevedo


    Full Text Available An approach concerning relevant and current aspects on civil responsibility in traffic accidents involving cars. Analysis of guilt theories and their pragmatic use. Study of the compensation parameters, taking into consideration external events for its occurrence and the victim’s accidental participation, with its consequences in the quantum. Indication about the compensation responsibility exclusion causes. Notes on civil responsibility in the Brazilian Traffic Code, followed by the conclusions. Abordagem sobre os aspectos relevantes e atuais sobre a responsabilidade civil em acidentes de trânsito com veículo automotor. Análise das teorias da culpa e sua aplicação pragmática. Estudo dos parâmetros de indenização, levando-se em conta os eventos externos para sua concorrência e eventual participação da vítima, com seus reflexos no quantum. Indicação sobre as causas de exclusão da responsabilidade de indenizar. Ao final, apontamentos sobre a responsabilidade civil no Código de Trânsito Brasileiro, seguindo-se das conclusões.

  11. Restructuring Environmental Legislation in the Netherlands

    Verschuuren, J.M.


    In 2002, the newly elected Cabinet in the Netherlands decided to act upon a growing number of complaints from businesses that government legis-lation is the cause of heavy administrative burdens for companies. According to businesses, this has a negative impact on the economy. The Cabinet promised t

  12. Herbal products: Marketing strategies and legislation

    Hooyenga, P.A.; Witkamp, R.F.; Groen, K.P.


    Marketing of herbal products in the European Union (EU) has been regulated under national legislation for years, leading to differences in legal status of these herbal products. In one member state, a product may be regulated as a food supplement, while in the other member state the same product is

  13. 49 CFR 520.27 - Legislative actions.


    ... ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PROCEDURES FOR CONSIDERING ENVIRONMENTAL IMPACTS Procedures § 520.27... Departmental position or originates the legislation will be cleared with TES, filed with CEQ, and submitted to... preparation, circulation, and filing of the environmental statement shall be in accordance with OMB...

  14. The legislative process in Latin America



    Full Text Available This article addresses through comparative analysis the stages of the ordinary legislative process in eighteen Latin American countries. Through a study of the national Constitutions and internal regulations, it aims to track for the different cases, the variety of forms of presentation, debate and approval of laws in the region.

  15. Analysis of cosmetics with regard to legislation

    Liem, D.H.


    A general picture of toxicological approach and practical aspects of cosmetic safety is described in this thesis. Such considerations are the basis for introducing negative and positive lists of cosmetic ingredients into cosmetic legislation. The first Dutch Cosmetic Act of 1968 already has several

  16. Herbal products: Marketing strategies and legislation

    Hooyenga Pieter


    Full Text Available Marketing of herbal products in the European Union (EU has been regulated under national legislation for years, leading to differences in legal status of these herbal products. In one member state, a product may be regulated as a food supplement, while in the other member state the same product is considered a medicinal product, thereby subjected to medicinal law. To provide free movement of these products in the inner market, new legislation has been set to improve harmonization. This raises the question what the appropriate positioning and marketing strategy for a herbal product will be under this new EU legislation. This review describes the legal status and registration procedures of different categories of herbal products, taking into account technical requirements and interesting market perspectives . Information was collected from legislation, guidance and official documents published by the European Commission, European Food Safety Authority and the European Medicines Agency. In addition, information was found in conference presentations and the scientific literature from Medline and Scopus. The EU market of herbal products will change considerably in the near future. Many products now marketed as food supplements will be expected to be registered as traditional herbal medicinal product in the future. However, it will take years for the EU to fully implement the new rules for harmonization.

  17. Diary of Social Legislation and Policy. 1989.

    Australian Inst. of Family Studies, Melbourne.

    A summary of the 1989 legislative and administrative changes made by the Australian Commonwealth government in social security and community services, employment, education, family law, immigration, housing and health is presented in this document. A 17-item bibliography and list of acronyms also are included. (DB)

  18. Analysis of cosmetics with regard to legislation

    Liem, D.H.


    A general picture of toxicological approach and practical aspects of cosmetic safety is described in this thesis. Such considerations are the basis for introducing negative and positive lists of cosmetic ingredients into cosmetic legislation. The first Dutch Cosmetic Act of 1968 already has several

  19. Internet Legislation: Russian and International Experience

    A. S. Ageychev


    Full Text Available Today Russia is often being criticized for new legislative initiatives in the field of Internet communications. Laws in this area are often negatively perceived by online community and critics and are the cause of misunderstanding between the government and society. Russia, however, is not the only country that has attempted to regulate its online sphere. World practice shows that many states are seeking to regulate virtual life of society. Such initiatives are indeed useful and necessary. The world today is shifting to a new reality where virtual space will play an increasingly important role, but it will raise many dangers and challenges that are needed to be solved at the legislative level. The regulation of the Internet is at the junction of legislation and politics as it is directly concerns the interests of society, the rights and freedoms of the individual, so it is impossible to resolve these problems in isolation from political science and sociology. This article contains a brief review of the legislation in the field of Russian Internet and in some countries, and represents an attempt to determine a necessary level of government intervention in the Internet and the level of its regulation.

  20. Report. Legislative Document (1967), No. 4.

    Greco, Stephen R.; And Others

    Living and working conditions of the migrant farm worker were investigated to develop corrective legislation and arouse sympathetic public opinion. The report (1) describes characteristics of migrant farm workers and families, (2) itemizes migrant health projects in existence, (3) narrates observations of tours to migrant labor camps, (4) reports…

  1. 50 CFR 80.3 - Assent legislation.


    ...) FINANCIAL ASSISTANCE-WILDLIFE SPORT FISH RESTORATION PROGRAM ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS § 80.3 Assent legislation. A State may... against the diversion of license fees paid by hunters and sport fishermen to purposes other than...

  2. The Supreme Court of Canada Ruling on Physician-Assisted Death: Implications for Psychiatry in Canada.

    Duffy, Olivia Anne


    On February 6, 2015, the Supreme Court of Canada ruled that the prohibition of physician-assisted death (PAD) was unconstitutional for a competent adult person who "clearly consents to the termination of life" and has a "grievous and irremediable (including an illness, disease, or disability) condition that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition." The radically subjective nature of this ruling raises important questions about who will be involved and how this practice might be regulated. This paper aims to stimulate discussion about psychiatry's role in this heretofore illegal practice and to explore how psychiatry might become involved in end-of-life care in a meaningful, patient-centred way. First, I will review existing international legislation and professional regulatory standards regarding psychiatry and PAD. Second, I will discuss important challenges psychiatry might face regarding capacity assessment, the notion of rational suicide, and the assessment of suffering.

  3. Legislation and patients' rights: some necessary remarks.

    Mujovic-Zornic, Hajrija


    The essence of a patient's rights and legislation framework requires an answer to the question on how legislation can work towards better defining, respecting, protecting and effectiveness of these rights. First, it is necessary to give a short introduction to patients' rights, their definition and different classifications. In the long list of human rights, patients' rights obviously take one of the very important places. Human life and health are the values, which, in comparison with all other human values, are considered as values of the highest rank. Patients' rights represent a legal expression of something, which every person basically and naturally expects from a doctor, medical staff, and from a health care system in general. The subject of the second part of this paper presents the intention, scope and conception of necessary legislation. How should it be considered - in a wider sense or as a special law? Some theoretical and practical questions regarding interaction between medical ethics regulation, confidentiality, and legislation are discussed as well. In the European context there are numerous examples of laws with the specific purpose of protecting patients' rights. Special attention and critical review will be paid to the situation of patients' rights in Serbia. The paper concludes with the point that the role of legislation is evidently important, but the traditional view should be replaced with a new one, due to the reason that modem health law puts the protection of patients' rights on a higher level. De lege lata, the whole system of health law in its diversity (civil, penal and administrative) is characterized by better understanding of rights, duties and legal relations, either through regulation or the protection of patients' rights.

  4. [Legal issues of physician-assisted euthanasia. Part III--Passive euthanasia, comparison of international legislation, conclusions for medical practice].

    Laux, Johannes; Röbel, Andreas; Parzeller, Markus


    The generic term "passive euthanasia" includes different issues dealing with the omission, discontinuation or termination of life-sustaining or life-prolonging medical treatments. The debate around passive euthanasia focuses on the constitutional right of self-determination of every human being on the one hand and the constitutional mandate of the State to protect human life on the other. Issues of passive euthanasia always require a differentiated approach. Essentially, it comes down to the following: In Germany, the human right of self-determination includes the right to prohibit the performance of life-sustaining treatments, even if this leads to the death of the patient. A physician who does not take life-sustaining treatment measures because this is the free will expressed by the patient is not subject to prosecution. On the other hand, if the physician treats the patient against his will, this can be deemed a punishable act of bodily injury. The patient's will is decisive even if his concrete state of health does no longer allow him to freely express his will. In the Patient's Living Will Act of 2009, the German legislator clarified the juridical assessment of such constellations being of particular relevance in practice. A written living will of a person in which he requests to take or not to take certain medical treatment measures in case that he is no longer able to make the decision himself shall be binding for the people involved in the process of medical treatment. If there is no living will, the supposed will of the patient shall be relevant. In its judgment in the "Putz case", the German Federal Court of Justice ruled in 2010 that actions terminating a life-sustaining treatment that does not correspond to the patient's will must be limited to letting an already ongoing disease process run its course. In this context it is not important, however, whether treatment is discontinued by an active act or by omission. Under certain circumstances, the


    Suwarno Abadi


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

  6. Conn. hospital's conduct violated labor law--court.

    Burda, D


    A federal appeals court in New York has ruled that Waterbury (Conn.) Hospital violated federal labor law in 1986 when it hired replacement nurses rather than returning striking nurses to fill certain hospital jobs. The court said the hospital didn't meet all the conditions under which it is allowable to hire permanent replacements during a strike.

  7. 20 CFR 405.515 - Application of circuit court law.


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

  8. HIV/STI Risk Behavior of Drug Court Participants

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


    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…

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

    Tsoutsanis, A.


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

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

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


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

  11. 78 FR 14271 - Manual for Courts-Martial; Proposed Amendments


    ... of the Secretary Manual for Courts-Martial; Proposed Amendments AGENCY: Joint Service Committee on... amendments to the Manual for Courts-Martial, United States (2012 ed.)(MCM). SUMMARY: The Joint Service Committee on Military Justice (JSC) is publishing final proposed amendments to the Manual for...

  12. HIV/STI Risk Behavior of Drug Court Participants

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


    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…

  13. 22 CFR 19.6 - Court orders and divorce decrees.


    ... 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....

  14. Teen Courts: A Focus on Research. OJJDP Bulletin.

    Butts, Jeffrey A.; Buck, Janeen

    The teen court concept has gained popularity in recent years as juvenile courts have had to deal with increased numbers of serious, violent, and chronic juvenile offenders. Its acceptance has been fueled, in part, by positive anecdotal reports from those involved with this peer-centered approach. Growing from a handful of programs in the 1960s,…

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

    Norris, Michael; Twill, Sarah; Kim, Chigon


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

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

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


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

  17. The Extra-Curricular Perspective: The Moot Court.

    Crouse, Janice Shaw; Thorpe, Judie Mosier

    At Ball State (Indiana) University, the moot court format's replication of real-world advocacy has been found far more conducive to teaching ethics and values than debate because it provides internal monitoring devices and instantaneous feedback. Of course, the main purpose of the moot court is to polish communication skills. Still, even with this…

  18. Domestic Violence and Dependency Courts: The "Greenbook" Demonstration Experience

    Malik, Neena M.; Silverman, Jerry; Wang, Kathleen; Janczewski, Colleen


    This field study reports on a cross-site evaluation of dependency courts in communities receiving federal funding to implement the "Greenbook" initiative, a multisite demonstration for community improvement of coordinated responses to families victimized by domestic violence and child maltreatment. This article focuses on the dependency court,…

  19. 38 CFR 3.214 - Court decisions; unremarried surviving spouses.


    ...; unremarried surviving spouses. 3.214 Section 3.214 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF... Requirements § 3.214 Court decisions; unremarried surviving spouses. Effective July 15, 1958, a decision rendered by a Federal court in an action to which the United States was a party holding that a...

  20. Individual Factors Predicting Mental Health Court Diversion Outcome

    Verhaaff, Ashley; Scott, Hannah


    Objective: This study examined which individual factors predict mental health court diversion outcome among a sample of persons with mental illness participating in a postcharge diversion program. Method: The study employed secondary analysis of existing program records for 419 persons with mental illness in a court diversion program. Results:…

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

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


    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…

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

    Norris, Michael; Twill, Sarah; Kim, Chigon


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

  3. Brandeis Lawsuit Puts Campus Courts in the Dock.

    Gose, Ben


    Analyzes the case of a Brandeis University student found guilty of "unwanted sexual activity" by a university judicial panel. The student sued Brandeis, and the Massachusets Appeals Court ruled against Brandeis despite the court's customary deference to the decision making of private institutions. Ten other colleges are supporting…

  4. Supreme Court declines to hear California clinic injunction challenge.


    On March 17, the United States Supreme Court refused to review "Williams v. Planned Parenthood Shasta-Diablo," a case which challenges a California state court order that requires anti-abortion protestors to remain across the street from a Vallejo clinic. The case first reached the High Court in October 1994, after the California Supreme Court upheld the injunction, and was sent back because of a decision four months earlier in "Madsen v. Women's Health Center," which found that an injunction creating a 36-foot buffer zone around a Florida clinic was constitutional. In July 1995, the California High Court again ruled in favor of the order. Justices Clarence Thomas, Anthony Kennedy, and Antonin Scalia dissented, stating that the Supreme Court should have accepted the case and reversed the state court's decision. Judge Scalia, basing his judgement on a portion of "Madsen" which describes a 300-foot "no-approach" zone around the Florida clinic as an unacceptable restriction on free expression, insisted that the evidence failed to show that the Vallejo protesters were obstructive enough to warrant government interference. Preventing stress and anxiety in patients, a central consideration for the California courts, was not a sufficient reason.

  5. The Constitutional Court and the Imperative of its Reform

    Claudia Gilia


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

  6. Units for the protection of child victims and witnesses in the criminal proceedings: Domestic legislation and practice

    Milosavljević-Đukić Ivana


    Full Text Available Republic of Serbia has invested maximum efforts in adjusting national legislation with the international legal framework, as well in fulfilling its obligations foreseen in relevant international documents, including the Child Rights Convention. The purpose of this paper is to present Units for the Protection of Child Victims and Witnesses in the Criminal Proceedings that were developed within the IPA project “Improvement of Children's Right through the System of Justice and Social Protection in Serbia”, funded by the EU, and implemented by the UNCEF in cooperation with the Ministry of Justice and Ministry of Labour, Employment, Veteran and Social Policy of the Republic of Serbia. The project was implemented from August 2014 to March 2017. The purpose of the Units is to ensure the best interest of children in situation when a child is identified as a victim or a witness of a crime and appears in the criminal or other court procedure. In this way, the state protects children who are important and infallible part of judicial proceedings from secondary victimization and traumatisation, given that the processes within institutions inevitably reflect on mental state of a child. Units were established in four cities: Belgrade, Niš, Novi Sad, and Kragujevac, and they operate at the regional level. This enables that all children, even those in rural areas, will be provided with adequate assistance and support during preparations for the hearing, during criminal proceedings, as well as in its aftermath. The role of the Units is multiple: along with the support to children, it also includes support to the judiciary agencies since the hearing may be performed with a help of professional personnel, psychologist, pedagogue or social worker. Since the members of the Units are trained for conducting forensic interviews according to the Protocol of the National Institute of Child Health and Human Development, their involvement by the judiciary becomes even

  7. On the Improvement of Public Participation in Legislation Mechanism in the Ethnic Minority Autonomous Areas

    Li Jun


    The legislative public participation in ethnic minority autonomous areas has its legal basis. The fifth regulation in the lifa fa ( The Leg-islative Law ) of China makes a general require-ment on public participation in legislation. In order to ensure the effective participation of the public in legislation, some ethnic minority autonomous re-gions have outlined some requirements on public comment, demonstration, and hearing during the legislative process through autonomous regulations. These ethnic minority autonomous areas are com-prised of both autonomous regions, autonomous prefectures and autonomous counties. However, the breadth and depth of the public participation in legislation in ethnic minority auton-omous areas is inadequate, and a perfect mecha-nism of public participation in legislation in ethnic minority autonomous areas has yet to be formed. This is mainly reflected in the following aspects:1 ) The relevant laws of public participation in leg-islation have not been perfected;2 ) The enthusi-asm of public participation in legislation is not high;3) Legislative information is not fully open, and the feedback mechanism has not been perfec-ted;4 ) The limited approach for public participa-tion in legislation, and the lack of ethnic and re-gional characteristics. To improve the mechanism of public partici-pation in the legislation of ethnic minority autono-mous areas, we can start with the following:1 ) Improving the legal regulation of public participation in the legislation of ethnic minority autonomous areas The state and the ethnic minority autonomous areas should develop operational laws of public participation, so as to provide a legal basis for the public’s participation. The ethnic minority autono-mous areas should fully integrate the actual situa-tion of the local ethnic people and create autono-mous regulations with local characteristics, protect public participation rights, and promote public participation in legislation in an orderly and

  8. Prospects of development of the court decrees enforcement system

    Kristina Sergeyevna Morkovskaya


    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

  9. Research on the fundamental principles of China's marine invasive species prevention legislation.

    Bai, Jiayu


    China's coastal area is severely damaged by marine invasive species. Traditional tort theory resolves issues relevant to property damage or personal injuries, through which plaintiffs cannot cope with the ecological damage caused by marine invasive species. Several defects exist within the current legal regimes, such as imperfect management systems, insufficient unified technical standards, and unsound legal responsibility systems. It is necessary to pass legislation to prevent the ecological damage caused by marine invasive species. This investigation probes the fundamental principles needed for the administration and legislation of an improved legal framework to combat the problem of invasive species within China's coastal waters. Copyright © 2014 Elsevier Ltd. All rights reserved.

  10. The wicked in court: a neuroscientific primer.

    Tobeña, Adolf


    The criminal cases of Anders Breivik, the Norwegian shooter, and Bernard Madoff, the fraudulent American financier, are used as prominent examples of the complexity that courts have to explore when judging the severity and responsibility of felonies performed by different types of psychopaths. I outline the brain circuits subserving morally charged decisions in ordinary citizens and in patients with gross lesions in the same areas, along with singularities in these brain systems that have been detected in psychopaths. These neural signatures, combined with thorough neuropsychological examination, will hopefully improve the diagnoses and prognoses of criminals with dangerous psychopathic traits. In this respect, the profiles of incarcerated members of gangs are used to exemplify and distinguish among typical niches and varieties of psychopathy within criminal organizations. A discussion follows, presenting the complexities of novel research that is increasing the sophistication of these challenging but key intersections between neuroscience and law.

  11. Private international Law in Chinese Courts

    HUANG Jin; DU Huanfang


    After the entry of China into World Trade Organization,there are problems such as jurisdiction,application of law,and judicial assistance,which need to be resolved step by step in judicial practice on foreign-related civil and commercial matters.As for private and international law problems in the Chinese courts,this paper analyses some general issues,including renovi,inter-temporal conflicts,and proof of foreign laws;reviews jurisdiction problems,for example,common jurisdiction versus special jurisdiction,selective jurisdiction versus presumptive jurisdiction and exclusive jurisdiction;discusses the choice of law problems such as the principle of party autonomy,the principle of the most significant judgment and international commercial arbitral award.

  12. Statistical mechanics of the US Supreme Court

    Lee, Edward D; Bialek, William


    We build simple models for the distribution of voting patterns in a group, using the Supreme Court of the United States as an example. The least structured, or maximum entropy, model that is consistent with the observed pairwise correlations among justices' votes is equivalent to an Ising spin glass. While all correlations (perhaps surprisingly) are positive, the effective pairwise interactions in the spin glass model have both signs, recovering some of our intuition that justices on opposite sides of the ideological spectrum should have a negative influence on one another. Despite the competing interactions, a strong tendency toward unanimity emerges from the model, and this agrees quantitatively with the data. The model shows that voting patterns are organized in a relatively simple "energy landscape," correctly predicts the extent to which each justice is correlated with the majority, and gives us a measure of the influence that justices exert on one another. These results suggest that simple models, groun...

  13. The Unified Patent Court (UPC) in Action

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


    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....... The article points out that the UPC because of this design will be biased towards technology based values and uniformity at the expense of other values and interests e.g. non-economic public interests, and values associated with diversity. The practical effects of these biases are analysed regarding cases...... involving ordre public and morality and scope of protection. The article shows that the biases will affect the law in all the areas discussed and that if unchecked they will reduce some of the “wriggling room” which the current system has provided. To maintain that room a focused effort by the UPC...

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

    Martinsen, Bodil


    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...... to assume that they are able to monitor and thus evaluate the interpreting if the foreign language used in court belongs to the major ones within the Danish educational system, like English or French, contrary to "exotic" migrant languages. This paper highlights the problem that the interpreted proceedings...... 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.  ...

  15. Brain death: legal obligations and the courts.

    Burkle, Christopher M; Pope, Thaddeus M


    Brain death, or death determined by neurologic criteria, has been legally adopted in all U.S. states for decades. Despite its long-established history, a lack of clear understanding has led to disputes requiring a legal forum for resolution. Recently, physicians and hospitals across the country have been impacted by a growing number of disputes about brain death. The authors offer clinicians a historical perspective on the evolution of brain death as a legal cause of death in the United States. They then review the more common legal categories of disputes encountered, including representative court cases for each. This overview provides physicians with a general legal perspective on brain death so they may better appreciate the pertinent issues if and when later confronted.

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

    Strootman, R.


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

  17. Infusing Science into Politics and Policy: The Importance of Legislators as an Audience in Mental Health Policy Dissemination Research.

    Purtle, Jonathan; Brownson, Ross C; Proctor, Enola K


    Legislators (i.e., elected Senators and House Representatives at the federal- and state-level) are a critically important dissemination audience because they shape the architecture of the US mental health system through budgetary and regulatory decisions. In this Point of View, we argue that legislators are a neglected audience in mental health dissemination research. We synthesize relevant research, discuss its potential implications for dissemination efforts, identify challenges, and outline areas for future study.

  18. Strategies for strengthening patent protection of pharmaceutical inventions in light of federal court decisions.

    Pillai, Xavier; Kinney, William A


    In this article, a brief history of patent law is presented, along with recent changes in its interpretation that are relevant in securing patents in the current landscape. Specific patent examples are presented to illustrate key issues. For example, the case of KSR International Co. v. Teleflex, Inc. is an important recent decision by the United States Supreme Court, which developed a more flexible definition of the teaching-suggestion-motivation (TSM) test in determining obviousness, which negates patentability. Although KSR case involved a mechanical invention, the ruling in this case has had implications in other areas of patent law, particularly as it applied to pharmaceutical and chemical inventions. It has had a significant impact on the outcome of patent prosecution at the United States Patent and Trademark Office (USPTO), as well as in defending patents in federal courts. If an invention is obvious to try and there are a finite number of predictable solutions in the prior art, then the invention will be considered obvious by current standards. Bayer Schering Pharma AG v. Barr Laboratories, Inc is presented as a case in which the court of appeals has applied the KSR standard of obviousness in invalidating a formulation patent claim, in which a finite number of options were available to the formulator. Unlike the formulation patent example, patents covering new molecules have survived challenges more successfully. In The Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc., the court of appeals for the Federal Circuit determined that the invention of risedronate was unobvious, although it was a mere positional isomer of a prior bisphosphonate. However in Altana Pharma AG v. Teva Pharmaceuticals USA, Inc., the court of appeals judged against the innovator company when there was a clearer case of predictable prior art. Finally, Ortho-McNeil Pharmaceutical, Inc. v. Mylan Laboratories, Inc. presents an example of a case at the Federal Circuit where topiramate

  19. 76 FR 3193 - Sentencing Guidelines for United States Courts


    appropriate to address concerns about firearms crossing the border and straw purchasers; (3) a proposed amendment to Appendix A (Statutory Index) in response to the Dodd-Frank Wall Street Reform and Protection Act, Public Law 111-203, and issues for comment regarding the directives in section 1079A of that Act; (4) a proposed amendment to Sec. 2B1.1 (Theft, Property Destruction, and Fraud) to implement the directive in section 10606 of the Patient Protection and Affordable Care Act, Public Law 111-148, and a related issue for comment; (5) a proposed amendment on supervised release, including a proposed change to Sec. 5D1.1 (Imposition of a Term of Supervised Release) on cases in which the court is required by the guidelines to impose supervised release and a proposed change to Sec. 5D1.2 (Term of Supervised Release) on the minimum lengths required by that guideline for a term of supervised release, and related issues for comment; (6) a proposed amendment to Sec. 2L1.2 (Unlawfully Entering or Remaining in the United States) that would provide a limitation on the use of convictions under Sec. 2L1.2(b)(1)(A) and (B) in certain circumstances; (7) a proposed amendment to Sec. 2J1.1 (Contempt) that would address a circuit conflict on the applicability of a specific enhancement in a case involving the willful failure to pay court- ordered child support; (8) a proposed amendment in response to miscellaneous issues arising from legislation recently enacted and other miscellaneous guideline application issues, including proposed changes to the policy statement at Sec. 6B1.2 (Standards for Acceptance of Plea Agreements) in light of United States v. Booker, 543 U.S. 220 (2005), and proposed changes to Appendix A (Statutory Index) to address certain criminal provisions in the Coast Guard Authorization Act of 2010, Public Law 111-281; and (9) a proposed amendment in response to certain technical issues that have arisen in the guidelines.

  20. Legislation for trial registration and data transparency

    Wu Tai-Xiang


    Full Text Available Abstract Public confidence in clinical trials has been eroded by data suppression, misrepresentation and manipulation. Although various attempts have been made to achieve universal trial registration- e.g., Declaration of Helsinki, WHO clinical Trial Registry Platform (WHO ICTRP, the International Committee of Medical Journal Editors requirement- they have not succeeded, probably because they lack the enough power of enforcement. Legislation appears to be the most efficient and effective means to ensure that all researchers register their trials and disseminate their data accurately and in a timely manner. We propose that a global network be established. This could be accomplished in two steps. The first step is to legislate about trial registration and data transparency, such as USA's FDAAA Act 2007; and the second step to establish a global network to ensure uniform, international consistency in policy and enforcement of trial registration and data transparency.

  1. Legislation for trial registration and data transparency.

    Bian, Zhao-Xiang; Wu, Tai-Xiang


    Public confidence in clinical trials has been eroded by data suppression, misrepresentation and manipulation. Although various attempts have been made to achieve universal trial registration- e.g., Declaration of Helsinki, WHO clinical Trial Registry Platform (WHO ICTRP), the International Committee of Medical Journal Editors requirement- they have not succeeded, probably because they lack the enough power of enforcement.Legislation appears to be the most efficient and effective means to ensure that all researchers register their trials and disseminate their data accurately and in a timely manner. We propose that a global network be established. This could be accomplished in two steps. The first step is to legislate about trial registration and data transparency, such as USA's FDAAA Act 2007; and the second step to establish a global network to ensure uniform, international consistency in policy and enforcement of trial registration and data transparency.

  2. Legislating for health: locating the evidence.

    Pawson, Ray; Owen, Lesley; Wong, Geoff


    This article examines the timorous courtship between public health law and evidence-based policy. Legislation, in the form of direct prescriptions or proscriptions on behaviour, is perhaps the most powerful tool available to the public health policymaker. Increasingly, the same policymakers have striven to ensure that interventions are based soundly on a secure evidence base. The modern mantra is that the policies to follow are the ones that have been demonstrated to work. Legislative interventions, involving trade-offs between public benefit and private interests, present formidable challenges for the evaluator. Systematic reviews of their overall efficacy, the main tool of evidence-based policy, are in their infancy. The article presents a design for such reviews using the example of a forthcoming synthesis on the effectiveness of banning smoking in cars carrying children.




    Full Text Available The link between socioeconomics and conservation and the role of legislation in conservation work was discussed in the group with participants from nine European countries. Interest and knowledge among the general public, stakeholders and managers is the key to successful conservation of native crayfish species. Exploitation and conservation do not necessarily exclude each other. A controlled fishery, where it can be sustained, may be an essential tool for conservation by increasing the general awareness and involving more people in the task of protecting the native crayfish species. This strategy is mainly possible for the noble crayfish in the northern part of its distribution, where strong traditions connected to crayfish also exist. A balance between utilisation and overexploitation has to be found and local guidelines for sustainable exploitation produced. Media, the Internet and educational material aimed at schools and stakeholders are excellent ways of reaching a wide audience with information. Universal objectives, rules and regulations at the European level are desirable and the noble crayfish and the stone crayfish should be included in Annex II of the Habitat Directive. Based on this framework detailed regulations are best worked out at the national level, considering the specific crayfish situation in the country. Information about the legislation, the purpose of the legislation and the consequences when not obeying it should be distributed. Stricter regulation of the trade with live alien crayfish is vital because of the associated risk of introducing new diseases and species.

  4. Abortion in Brazil: legislation, reality and options.

    Guedes, A C


    Abortion is illegal in Brazil except when performed to save the woman's life or in cases of rape. This paper gives a brief history of parliamentary and extra-parliamentary efforts to change abortion-related legislation in Brazil in the past 60 years, the contents of some of the 53 bills that have been tabled in that time, the non-governmental stakeholders involved and the debate itself in recent decades. The authorities in Brazil have never assumed full public responsibility for reproductive health care or family planning, let alone legal abortion; the ambivalence of the medical profession is an important obstacle. Most politicians avoid getting involved in the abortion debate, but the majority of bills in the 1990s have favoured less restrictive legislation. Incremental legislative and health service changes could help to improve the situation for women. Advocacy is probably the most important action, to promote an environment conducive to change. Clandestine abortion is a serious public health problem in Brazil, and the inadequacy of family planning services is one of the causes of this problem. The solutions should be made a priority for the Brazilian public health system.

  5. Generic legislation of new psychoactive drugs.

    van Amsterdam, Jan; Nutt, David; van den Brink, Wim


    New psychoactive drugs (NPDs, new psychoactive substances) enter the market all the time. However, it takes several months to ban these NPDs and immediate action is generally not possible. Several European countries and drug enforcement officers insist on a faster procedure to ban NPDs. Introduction of generic legislation, in which clusters of psychotropic drugs are banned in advance, has been mentioned as a possible solution. Here we discuss the pros and cons of such an approach. First, generic legislation could unintentionally increase the expenditures of enforcement, black market practices, administrative burden and health risks for users. Second, it may have a negative impact on research and the development of new treatments. Third, due to the complexity of generic legislation, problems in the enforcement are anticipated due to lack of knowledge about the chemical nomenclature. Finally, various legal options are already available to ban the use, sale and trade of NPDs. We therefore conclude that the currently used scientific benefit-risk evaluation should be continued to limit the adverse health effects of NPDs. Only in emergency cases, where fatal incidents (may) occur, should this approach be overruled.

  6. Battling for the Rights to Privacy and Data Protection in the Irish Courts

    Shane Darcy


    Full Text Available Far-reaching mass surveillance by the US National Security Agency and other national security services has brought issues of privacy and data protection to the fore in recent years. Information and technology companies have been embroiled in this scandal for having shared, unwittingly or otherwise, users’ personal data with the security services. Facebook, the world’s largest social media company, has long-been criticised by privacy advocates because of its treatment of users’ data. Proceedings before the Irish courts concerning the role of national data protection authorities have seen an examination of these practices in light of relevant Irish and EU law.

  7. Public Health and Law Collaboration: The Philadelphia Lead Court Study

    Gracely, Ed; Pan, Sarah; Cummings, Curtis; Palermo, Peter; Gould, George


    Objectives. We determined whether Philadelphia Lead Court is effective in enforcing lead hazard remediation in the homes of children with elevated blood lead levels. Methods. We created a deidentified data set for properties with an initial failed home inspection (IFHI) for lead hazards from January 1, 1998, through December 31, 2008, and compared compliance rates within the first year and time to compliance for lead hazard remediation between 1998 and 2002 (precourt period) and between 2003 and 2008 (court period). We evaluated predictors of time to compliance. Results. Within 1 year of the IFHI, 6.6% of the precourt and 76.8% of the court cases achieved compliance (P < .001) for the 3764 homes with data. Four years after the IFHI, 18% had attained compliance in the precourt period compared with 83.1% for the court period (P < .001). A proportional hazard analysis found that compliance was 8 times more likely in the court than the precourt period (P < .001). Conclusions. Lead court was more effective than precourt enforcement strategies. Most properties were remediated within 1 year of the IFHI, and time to compliance was significantly reduced. This model court could be replicated in other cities with similar enforcement problems. PMID:23678927

  8. Marine legislation--the ultimate 'horrendogram': international law, European directives & national implementation.

    Boyes, Suzanne J; Elliott, Michael


    The EU is a pre-eminent player in sustainable development, adopting more than 200 pieces of legislation that have direct repercussions for marine environmental policy and management. Over five decades, measures have aimed to protect the marine environment by tackling the impact of human activities, but maritime affairs have been dealt with by separate sectoral policies without fully integrating all relevant sectors. Such compartmentalisation has resulted in a patchwork of EU legislation and resultant national legislation leading to a piecemeal approach to marine protection. These are superimposed on international obligations emanating from UN and other bodies and are presented here as complex 'horrendograms' showing the complexity across vertical governance. These horrendograms have surprised marine experts despite them acknowledging the many uses and users of the marine environment. Encouragingly since 2000, the evolution in EU policy has progressed to more holistic directives and here we give an overview of this change.

  9. Library legislation and free access to information as new topics in library and information science education.


    Full Text Available An outline of LIS programs offered by the Department of Information Sciences, Faculty of Philosophy, University of Zagreb is given. Factors affecting the recent curriculum revision are described and the reasons for the introduction of a new course in library legislation and standards have been pointed out. The intention of the course has been to make students aware of the existence of international documents relevant to libraries and librarians and to show how the current trends are reflected in national legislation. It is hoped that the course might help students improve their understanding of the legal context surrounding libraries and other information institutions and teach them to appreciate the importance of good legislation.

  10. Quality legislation: lessons for Ontario from abroad.

    Veillard, Jérémy; Tipper, Brenda; Klazinga, Niek


    While the Excellent Care for All Act, 2010 (ECFA Act) provides a comprehensive approach to stimulating quality improvement in healthcare, there are other examples of legislations articulating strategies aimed at the same goal but proposing different approaches. This paper reviews quality of care legislations in the Netherlands, the United States, England and Australia, compares those pieces of legislation with the ECFA Act and suggests lessons for Ontario in planning the next stages of its healthcare quality strategy. Notable among the commonalities that the EFCA Act shares with the selected examples of legislation are mandatory reporting of performance results at an organizational level and furthering quality improvement, evidence generation and performance monitoring. However, the EFCA Act does not include any elements of restructuring or competition, unlike some of the other examples. Key to successful transformation of the Ontario healthcare system will be to propose a package of changes that will deal systematically with all aspects of transformation sought (including structural changes, payments systems and elements of competition), will garner support from all the actors, and will be implemented consistently and persistently. Benchmarking on the implementation and impact of reforms with the countries presented in this paper may be an additional important step. Quality of care is a key focus of health system reforms, and in recent years many countries in the Organisation of Economic Co-operation and Development (OECD), including Canada, have developed strategies aimed at improving healthcare quality and patient safety (OECD 2010). Øvretveit and Klazinga propose that national strategies for quality of care can be targeted at different types of health system stakeholders: professionals, healthcare organizations, medical products and technologies, patients and financers (World Health Organization Regional Office for Europe 2008). The generic elements of these

  11. Regulating Traditional Justice in South Africa: a comparative analysis of selected aspects of the Traditional Courts Bill

    Caiphas Brewsters Soyapi


    Full Text Available Traditional justice systems have been in place for a very long time in South Africa and in Africa in general. They are characterised by informal systems that are not beset by the normal technicalities prevalent in formal justice systems. In recent times South Africa has sought to do away with the Black Administration Act, which was the regulating legislation on traditional justice systems, by introducing the Traditional Courts Bill. Initially introduced in Parliament in 2008 and withdrawn for another tabling in 2012, the Bill has been met with much criticism. Instead of venturing on a clause by clause analysis of the provisions of the Bill this note considers selected aspects of it which are perceived to be significant and which have courted controversy. These are ascertainment, legal representation, jurisdiction, gender, and the hierarchy of courts. The essential arguments are that the Bill has not been properly aligned with the Traditional Leadership and Governance Framework Act 41 of 2003 (as amended in 2009 or the Constitution of the Republic of South Africa, 1996 and that the above issues have not been addressed adequately or are at times only vaguely addressed. The article also considers various provisions from other African countries with similar legislation and which also regulate on the same issues, for the purposes of identifying better ways of addressing the selected issues. In the final analysis, the recommendations are not that the South African legislature must transpose the provisions of other countries, but that the framers of the Bill must reconsider these issues along the lines in which they are addressed in the countries with which comparisons are drawn here. Without a reconsideration of the issues, the Bill will still be met with criticism even from those it is meant to regulate, and could potentially result in various constitutional challenges and litigations.

  12. Constitutional limits on federal legislation practically compelling medical employment: Wong v Commonwealth; Selim v Professional Services Review Committee.

    Faunce, Thomas


    A recent decision by the High Court of Australia (Wong v Commonwealth; Selim v Professional Services Review Committee (2009) 236 CLR 573) (the PSR case) has not only clarified the scope of the Australian constitutional prohibition on "any form of civil conscription" in relation to federal legislation concerning medical or dental services (s 51xxiiiA), but has highlighted its importance as a great constitutional guarantee ensuring the mixed State-federal and public-private nature of medical service delivery in Australia. Previous decisions of the High Court have clarified that the prohibition does not prevent federal laws regulating the manner in which medical services are provided. The PSR case determined that the anti-overservicing provisions directed at bulk-billing general practitioners under Pt VAA of the Health Insurance Act 1973 (Cth) did not offend the prohibition. Importantly, the High Court also indicated that the s 51(xxiiiA) civil conscription guarantee should be construed widely and that it would invalidate federal laws requiring providers of medical and dental services (either expressly or by practical compulsion) to work for the federal government or any specified State, agency or private industrial employer. This decision is likely to restrict the capacity of any future federal government to restructure the Australian health care system, eg by implementing recommendations from the National Health and Hospitals Reform Commission for either federal government or private corporate control of presently State-run public hospitals.

  13. The Party Members’ Court: judicial control over intraparty disputes in Mexico El Tribunal de los Militantes: el control judicial de los conflictos intrapartidistas en México



    Full Text Available Between 1997 and 2003, in a series of relevant cases, the Electoral Court of the Federal Judicial Branch (ECFJB increased its capacity to adjudicate intraparty disputes. This paper explains how the ECFJB, without a supporting legislation, was able to establish a direct and far reaching control over intraparty disputes such as the election of party leaders, the selection of candidates, or the punishment of party members. Following a strategic behavior approach, I will provide empirical evidence to prove that there was a negative correlation between the level of judicial control over the parties’ internal life, on the one hand, and the vulnerability of the ECFJB from the legislature and party leaders, on the other.Entre 1997 y 2003, el Tribunal Electoral del Poder Judicial de la Federación (TEPJF emitió diversos criterios jurisprudenciales mediante los cuales incrementó su capacidad para conocer de conflictos generados al interior de los partidos políticos. Este artículo explica cómo el TEPJF, sin una legislación que le diera facultades para ello, pudo establecer un control directo y de largo alcance para resolver litigios relacionados con la elección de dirigentes partidistas, la selección de candidatos o la imposición de sanciones a militantes. Siguiendo un enfoque de comportamiento estratégico, se aportará evidencia empírica para probar la existencia de una correlación negativa entre el nivel del control judicial ejercido sobre la vida interna de los partidos, por una parte, y la vulnerabilidad del TEPJF frente al Poder Legislativo y las dirigencias partidistas, por la otra.

  14. Manual for Courts-Martial, United States, 1984. Revision.


    the case of general courts-martial, the law of war. Discussion -- (a) In generat, Courts-martial have power to, Irv any of courts-martial was...grant immunity. This subsection is based on paragraph 68h of MCM, 1969 (Rev.) and on United States v. Kirsch . 15 U.S.C.M.A. ., -’,,* " 84,35 C.M.R. 56...1964). See also UnitedStates v. Villines, supra. Kirsch recognized codal authority fora convening authority to grant immunity - . .-- .’. (see Articles

  15. [The public health legislation in conditions of globalization].

    Yefremov, D V; Jyliyaeva, E P


    The article demonstrates the impact of globalization on development of public health legislation at the international level and in particular countries. The legislation is considered as a tool to decrease the globalization health risks for population

  16. Legislation on biotechnology in the Nordic Countries - an overview 2016

    Kvale, Hallvard; Gudmundsdóttir, Laufey Helga; Stoll, Jane;

    This overview on the legislation of biotechnology in the Nordic Countries from The Nordic Committee on Bioethics provides an overview over the core biomedical legislation in the Nordic Countries, thus facilitating management of cross-border activities....

  17. Malaysia water services reform: legislative issues

    Nabsiah Abdul Wahid


    Full Text Available The latest attempt by the Malaysian government to restructure its water sector has managed to promulgate two important acts, the Suruhanjaya Perkhidmatan Air Negara (SPAN Act (Act 654 and the Water Services Industry Act (WSIA/Act 655; these also complicate the governing of water services and water resources in the country as they affect the sovereignty of a state’s land and water issues. In Malaysia’s federated system of governance, water resources are placed fully within the purview of each State’s government, as stated in the Waters Act 1920 (Revised 1989, while water services are straddled across the purview of both the State and Federal government (Water Supply Enactment 1955. Any reforms will remain problematic unless further analysis is carried out on the available legislation that directly impacts said reform, particularly the Waters Act and Water Supply Enactment. For example, when the Waters Act stipulates “the entire property in and control of all rivers in any State is vested solely in the Ruler of that State”, it is clear that the Federal Government has no authority whatsoever over water resources of any states. The Water Supply Enactment 1955 (adopted by several States further empowers the state’s water supply authorities to supply water to domestic and commercial consumers. Other legislation that has been enacted to govern land and water issues in the country include the Geological Act 1974 on groundwater abstraction and the Environmental Quality Act 1974 (incorporating all amendments up to 1st January 2006 on some aspects of the environmental impact of groundwater abstraction. While these legislations seemed to provide adequate coverage on the governance of groundwater abstraction; treatment, distribution and wastewater management, which form the water supply value chain in the country, are not covered. Similarly, the Sewerage Services Act 1993 covers only wastewater governance issues rather than the whole value chain

  18. Legislating tolerance: Spain's national public smoking law.

    Muggli, Monique E; Lockhart, Nikki J; Ebbert, Jon O; Jiménez-Ruiz, Carlos A; Riesco Miranda, Juan Antonio; Hurt, Richard D


    While Spain's national tobacco control legislation prohibits smoking in many indoor public places, the law provides for an exception to the prohibition of smoking by allowing separate seating sections and ventilation options in certain public places such as bars and restaurants, hotels and airports. Accordingly, Spain's law is not aligned with Article 8 Guidelines of the World Health Organization's Framework Convention on Tobacco Control, which requires parties to ensure universal protection against secondhand smoke exposure in all enclosed public places, workplaces and on all means of public transport. Spain's law is currently being promoted by the tobacco companies in other countries as a model for smoke-free legislation. In order to prevent weakening of smoke-free laws in other countries through industry-supported exceptions, we investigated the tactics used by the tobacco companies before the implementation of the new law and assessed the consequences of these actions in the hospitality sector. Internal tobacco industry documents made public through US litigation settlements dating back to the 1980s were searched in 2008-9. Documents show that tobacco companies sought to protect hospitality venues from smoking restrictions by promoting separate seating for smokers and ineffective ventilation technologies, supporting an unenforceable voluntary agreement between the Madrid local government and the hospitality industry, influencing ventilation standards setting and manipulating Spanish media. The Spanish National Assembly should adopt comprehensive smoke-free legislation that does not accommodate the interests of the tobacco industry. In doing so, Spain's smoke-free public places law would be better aligned with the Framework Convention on Tobacco Control.

  19. Pharmacist provider status legislation: Projections and prospects.

    Harper, Patrick C


    To compare legislation at the federal level that would recognize pharmacists as health care providers under Medicare Part B with similar state-level efforts in an attempt to identify the strengths and weaknesses of these options and forecast outcomes. The current primary care provider shortage poses a significant threat to public health in the United States. The effort to achieve federal provider status for pharmacists, currently in the form of identical bills introduced in January 2015 into the U.S. House of Representatives and the U.S. Senate as the Pharmacy and Medically Underserved Areas Enhancement Act (H.R. 592 and S. 314), would amend the Social Security Act to recognize pharmacists as health care providers in sections of Medicare Part B that specify coverage and reimbursement. This action has budgetary implications owing to the compensation that would accrue to pharmacists caring for Medicare beneficiaries. Passage of these bills into law could improve public health by sustainably increasing access to pharmacists' patient care services in medically underserved areas. In this article, the legislation's strengths and weaknesses are analyzed. The resulting information may be used to forecast the bills' fate as well as plan strategies to help support their success. Comparison of the bills with existing, state-level efforts is used as a framework for such policy analysis. While the current political climate benefits the bills in the U.S. Congress, established legislative precedents suggest that parts of H.R. 592/S. 314, specifically those regarding compensation mechanisms, may require negotiated amendment to improve their chances of success.

  20. Your business in court: 2009-2010.

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


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

  1. Statistical Mechanics of US Supreme Court

    Lee, Edward; Broedersz, Chase; Bialek, William; Biophysics Theory Group Team


    We build simple models for the distribution of voting patterns in a group, using the Supreme Court of the United States as an example. The least structured, or maximum entropy, model that is consistent with the observed pairwise correlations among justices' votes is equivalent to an Ising spin glass. While all correlations (perhaps surprisingly) are positive, the effective pairwise interactions in the spin glass model have both signs, recovering some of our intuition that justices on opposite sides of the ideological spectrum should have a negative influence on one another. Despite the competing interactions, a strong tendency toward unanimity emerges from the model, and this agrees quantitatively with the data. The model shows that voting patterns are organized in a relatively simple ``energy landscape,'' correctly predicts the extent to which each justice is correlated with the majority, and gives us a measure of the influence that justices exert on one another. These results suggest that simple models, grounded in statistical physics, can capture essential features of collective decision making quantitatively, even in a complex political context. Funded by National Science Foundation Grants PHY-0957573 and CCF-0939370, WM Keck Foundation, Lewis-Sigler Fellowship, Burroughs Wellcome Fund, and Winston Foundation.

  2. Statistical Mechanics of the US Supreme Court

    Lee, Edward D.; Broedersz, Chase P.; Bialek, William


    We build simple models for the distribution of voting patterns in a group, using the Supreme Court of the United States as an example. The maximum entropy model consistent with the observed pairwise correlations among justices' votes, an Ising spin glass, agrees quantitatively with the data. While all correlations (perhaps surprisingly) are positive, the effective pairwise interactions in the spin glass model have both signs, recovering the intuition that ideologically opposite justices negatively influence each another. Despite the competing interactions, a strong tendency toward unanimity emerges from the model, organizing the voting patterns in a relatively simple "energy landscape." Besides unanimity, other energy minima in this landscape, or maxima in probability, correspond to prototypical voting states, such as the ideological split or a tightly correlated, conservative core. The model correctly predicts the correlation of justices with the majority and gives us a measure of their influence on the majority decision. These results suggest that simple models, grounded in statistical physics, can capture essential features of collective decision making quantitatively, even in a complex political context.

  3. GMOs in Russia: Research, Society and Legislation.

    Korobko, I V; Georgiev, P G; Skryabin, K G; Kirpichnikov, M P


    Russian legislation lags behind the rapid developments witnessed in genetic engineering. Only a scientifically based and well-substantiated policy on the place of organisms that are created with the use of genetic engineering technologies and an assessment of the risks associated with them could guarantee that the breakthroughs achieved in modern genetic engineering technologies are effectively put to use in the real economy. A lack of demand for such breakthroughs in the practical field will lead to stagnation in scientific research and to a loss of expertise.

  4. Appeal for legislation on greater safety.

    Baillie, Jonathan


    An Essex-headquartered company which claims to manufacture the world's leading "brand" of glass vision panel, is calling for legislation to regulate the quality and design of such products. With no statutory governance currently in place, it is concerned that a rash of badly-designed, poorer quality variants, that it says have emerged in recent years, pose a significant self-harm and ligature risk to mentally unwell patients in hospitals, and a potential danger to staff when components like internal fittings and the glass itself, especially should the latter be too thin and thus easy to break, are used as "weapons". HEJ editor Jonathan Baillie reports.

  5. [International trends in laboral risk legislation].

    García-Vigil, José Luis


    It had been established that labor damage are: laboral injuries, professional diseases and others diseases related with laboral conditions. All of them are referred to as diseases or damages suffered as a consequence of a laboral relations. It is implicated that the damage occurs in the place or during a laboral scheduled time with a causal direct relation. There is a trend in the Spanish laboral legislation, which is controversial in laboral medicine, because it includes a Law for the Prevention of Laboral Risks that consider also to the chronic diseases as a cause no traumatic of a laboral risk to conditioned a damage during the laboral journey.

  6. 40 CFR 1506.8 - Proposals for legislation.


    ... 40 Protection of Environment 32 2010-07-01 2010-07-01 false Proposals for legislation. 1506.8 Section 1506.8 Protection of Environment COUNCIL ON ENVIRONMENTAL QUALITY OTHER REQUIREMENTS OF NEPA § 1506.8 Proposals for legislation. (a) The NEPA process for proposals for legislation (§...

  7. High court says exposure without consent is a crime.


    The Canadian Supreme Court held that HIV-positive people can be subjected to criminal prosecution for exposing their sex partners to HIV, if the sex partners did not know that the other was HIV-positive. The partner does not need to become infected to establish the existence of significant risk. Based on this conclusion, the Supreme Court of Canada granted a new trial of [name removed] on two counts of aggravated assault. [Name removed] had originally been acquitted of the charges by a trial court. The Supreme Court also suggested that if the use of a condom is shown to reduce the risk of infection, then a defendant may argue that it is not necessary to disclose a person's HIV status when condoms are used.

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


    (III). Art 7 empowers the African Court to apply the provisions of the African Charter .... November 1950 at Rome, entered into force on 3 September 1953. ..... admissibility criteria has been taken as one of the steps to reform the European.

  9. Communicating across cultures in South African law courts: Towards ...

    language lives " the minds and on the tongues of its users" (Ting-Toomey 1999: 5). ... scripted situations, we must become 'mindful' of our thought processes" (Gudykunst ... differences", often contribute to miscommunication in the courts.

  10. The South African Constitutional Court's Use Of Foreign Precedent ...

    MJM Venter

    Empirical Study of the Use of Foreign Precedents by the South African .... empirical survey follows both a quantitative and a qualitative approach by ..... purposes.77 The Court compared some of the approaches in the judgments of the US.

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

    has published a number of peer-reviewed articles on military law, international law and ... Keywords: ICC, African Union, African Court of Justice and Human. Rights ... Tobago's motion to combat drugs and trafficking through the establishment.

  12. Florida court asked to decide legality of limiting suits.


    The state Supreme Court of Florida will rule on the legitimacy of a statute that restricts the ability of a plaintiff to sue for damages arising from HIV-contaminated blood transfusion. Under the malpractice law, patients have 4 years from the time of injury to file suit. In most HIV and AIDS cases, however, symptoms do not appear within the 4-year period. The Broward County Circuit Court recently dismissed a contaminated blood transfusion suit based on the expiration of the 4-year statute of repose. The Court of Appeals held the trial judge's application of the law correct, but found the statute uniquely unfair and harsh in HIV/AIDS cases. The State Supreme Court has been asked to rule on the issue.

  13. US Supreme Court decisions, expert testimony, and implant dentistry.

    Flanagan, Dennis


    There have been 3 US Supreme Court decisions in the last 8 years that have established new rules of admissibility of expert witness testimony. These will have great bearing on the practice of oral implantology now and in the future.

  14. 21 CFR Appendix A to Subpart B of... - Relevant Legislation, Regulations, and Procedures.


    ... HEALTH AND HUMAN SERVICES GENERAL MUTUAL RECOGNITION OF PHARMACEUTICAL GOOD MANUFACTURING PRACTICE... Federal Food, Drug and Cosmetic Act, 21 U.S.C. 321 et seq. b. The Public Health Service Act, 42 U.S.C. 201...

  15. From the Bench -- Juvenile Courts: How and Why They Have Changed.

    Van Nuys, Heather; Blitzman, Jay; Hibbler, William; Wakefield, Dana


    Offers four judges' perspectives on the various changes in the juvenile court system focusing on the increased violence among juveniles as having the greatest effect on the courts; includes issues such as juveniles being tried in adult courts, the need to improve juvenile courts, and the role of public interest. (CMK)

  16. The Effectiveness of Idaho DUI and Misdemeanor/DUI Courts: Outcome Evaluation

    Ronan, Scott M.; Collins, Peter A.; Rosky, Jeffrey W.


    As DUI Courts continue to expand through the United States, research needs to match the growth to inform administrators and the public on the effectiveness of these courts. The current study found that participation in a DUI or Misdemeanor/DUI Drug Court (23%) reduced recidivism compared to a comparison group (37%) with court filing records that…

  17. Defendants with Intellectual Disabilities and Mental Health Diagnoses: Faring in a Mental Health Court

    Burke, M. M.; Griggs, M.; Dykens, E. M.; Hodapp, R. M.


    Background: Begun in the late 1990s, mental health courts are specialty criminal courts developed to address the needs of persons with mental illness. Methods: As many persons with intellectual disabilities (IDs) may overlap in the mental health court system, we used mental health court records to examine the phenomenology and outcomes of 224…

  18. Defendants with Intellectual Disabilities and Mental Health Diagnoses: Faring in a Mental Health Court

    Burke, M. M.; Griggs, M.; Dykens, E. M.; Hodapp, R. M.


    Background: Begun in the late 1990s, mental health courts are specialty criminal courts developed to address the needs of persons with mental illness. Methods: As many persons with intellectual disabilities (IDs) may overlap in the mental health court system, we used mental health court records to examine the phenomenology and outcomes of 224…

  19. Introduction: domestic courts as agents of development of international law

    Tzanakopoulos, A.; Tams, C.J.


    This introductory paper to the symposium hosted by the Leiden Journal of International Law, and edited by the authors, deals with the function of domestic courts as agents for the development of international law. The paper ‘sets the scene’ for the contributions to the symposium, which seek to trace the impact of domestic courts in the development of canonical areas of international law, such as jurisdiction, immunity, state responsibility, the law of international organizations/human rights,...

  20. Alcohol Use and HIV Risk among Juvenile Drug Court Offenders

    Tolou-Shams, Marina; Houck, Christopher D.; Nugent, Nicole; Conrad, Selby M.; REYES, AYANARIS; Brown, Larry K.


    Juvenile drug courts (JDC) largely focus on marijuana and other drug use interventions. Yet, JDC offenders engage in other high-risk behaviors, such as alcohol use and sexual risk behaviors, which can compromise their health, safety and drug court success. An examination of alcohol use and sexual risk behaviors among 52 male substance abusing young offenders found that over 50% were using alcohol, 37% reported current marijuana use and one-third of all sexual intercourse episodes were unprote...

  1. The Role of Courts in Shaping Health Equity.

    Hall, Mark A


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

  2. A Critique of Kosovo’s Internationalized Constitutional Court

    Andrea Lorenzo Capussela


    Full Text Available The quality and the sustainability of the democratic institutions established in post-independence Kosovo under the guidance of the international community depend to a large extent on the performance of its constitutional court. The considerable international investment in that court reflects this assessment. One of the reasons why Kosovo’s international supervision has recently been terminated is that such court has been deemed to be functioning well. But its performance has not yet adequately been scrutinized. This essay reviews its most significant judgments, including decisions that deposed a president, annulled a presidential election, prevented a general election, and abolished the inviolability of parliament. The analysis of the reasons and effects of such rulings leads to the conclusion that the court gravely lacks independence and is subject to heavy political interference, which also the international judges do not seem immune from. The performance of the court is both a manifestation and a cause of Kosovo’s acute governance problems, which its international supervision has failed to remedy. The international community’s approach towards the court is also an illustration of the reasons why statebuilding in Kosovo led to unsatisfactory results, despite unprecedented investment.

  3. Supreme Court to hear Florida clinic access case.


    On April 27, 1994, the US Supreme Court will review a Florida Supreme Court decision ensuring access to women's health clinics that offer abortion services. In October 1993, the Florida High Court determined that an order issued by Brevard/Seminole County Circuit Judge Robert McGregor that requires anti-abortion protestors to remain 36 feet from the clinic grounds, prohibits approaching any clinic patient within 300 feet of the facility, bars excessive noise during clinic hours, and creates a 300 foot safety zone around the homes of clinic staff was reasonable. Anti-abortion activists had challenged Judge McGregor's injunction, maintaining that it violated their First Amendment rights and was overboard. Days before the Florida High Court ruling, however, the US Court of Appeals for the Eleventh Circuit had rejected Judge McGregor's injunction as unconstitutional. Although the appeal to the US Supreme Court, Madsen vs Women's Health Center, was filed by anti-abortion activists, pro-choice groups are supporting the review as a means of resolving the confusion created by conflicting state and federal rulings.

  4. An Empirical Study of the Use of Norm-based Direct Speech in Danish Courtrooms - or Deviations from such Use - on the Basis of the Prescriptive Norm-based Contents of Danish Court Proceedings

    Christensen, Tina Paulsen

    and accurate translation; i.e. he or she should function exclusively as a translating device. In 2003, The Danish Court Administration once again came to acknowledge the importance of the court interpreter in terms of the legal rights of the defendant by appointing a task force to examine the legal...... of ethics. The guide can be said to represent the expectancy norms concerning courtroom interpreting, which are explicitly projected by the Danish legal system. These interpreting norms are defined as internalised behavioural constraints governing the interpreter's choices in relation to the different...... in terms of what constitutes good interpreting. When selecting a form of address, the guidelines state that the Danish legislative community equates good interpreting and interpreting quality with the use of the direct, first-person style and that this applies to all actors in a court room. For example...

  5. Healthcare Identifiers legislation: a whiff of fourberie.

    Mendelson, Danuta


    The Healthcare Identifiers Bill 2010 (Cth), which will establish "the national e-health Healthcare Identifiers Service to provide that patients, healthcare providers and provider organisations can be consistently identified", is in the process of being enacted by the Australian Federal Parliament. The legislation will enable the government to assign to each "healthcare recipient" a 26-digit electronic "Healthcare Identifier", which will be accessible, with or without the recipient's consent, to a broad range of health care service providers as well as other entities. The individual Healthcare Identifier file will initially contain such identifying information as, where applicable, the Medicare number and/or the Veterans' Affairs number; name; address; gender; date of birth; and "the date of birth accuracy indicator" presumably birth certificate. However, since each "service" provided by a health care provider to a health care recipient will be automatically recorded on each individual's Healthcare Identifier file, in time these electronic files should contain a full record of such services or contacts. Moreover, the Healthcare Identifiers are considered a "key" to, or a "foundation stone" for, the implementation of the shared electronic health records scheme, because they will enable linkage with and retrieval of each patient's clinical records throughout the health care service system. However, there has been virtually no discussion about the legal, ethical and social implications of this legislation.

  6. Food legislation and its harmonization in Russia.

    Shamtsyan, Mark


    Bringing Russian legislation into compliance with international norms and standards is necessary after its accession to the World Trade Organization. Harmonization of food legislation and of sanitary and phytosanitary measures are among the problems that had to be solved first. Many Russian food and trade regulations had been changed or are still in the process of being reformed, largely owing to a policy of integration pursued by the Customs Union of Russia, Belarus and Kazakhstan. However, as a member of the Eurasian Economic Community, Russia is also engaged not only in harmonization throughout the Customs Union but also Kirgizstan and Tajikistan, and Armenia, Moldova and Ukraine as observer countries. Russia also continues to coordinate policy reforms closely with the European Union, its primary trade partner, ultimately bringing Russian food and sanitary norms closer to international standards (e.g. Codex). Today, all participants in the Russian food production chain, processing and sale of foods have to deal with growing numbers of security standards. Many organizations are certified under several schemes, which leads to unnecessary costs. Harmonization of standards has helped promote solutions in the domestic market as well as import-export of foods and raw materials for production. Priorities have included food safety for human health, consumer protection, removal of hazardous and/or adulterated products and increased competition within the domestic food market as well as mutual recognition of certification in bilateral and multilateral (inter)national agreements. © 2013 Society of Chemical Industry.

  7. The ergonomics of wheelchair configuration for optimal performance in the wheelchair court sports.

    Mason, Barry S; van der Woude, Lucas H V; Goosey-Tolfrey, Victoria L


    Optimizing mobility performance in wheelchair court sports (basketball, rugby and tennis) is dependent on a combination of factors associated with the user, the wheelchair and the interfacing between the two. Substantial research has been attributed to the wheelchair athlete yet very little has focused on the role of the wheelchair and the wheelchair-user combination. This article aims to review relevant scientific literature that has investigated the effects of wheelchair configuration on aspects of mobility performance from an ergonomics perspective. Optimizing performance from an ergonomics perspective requires a multidisciplinary approach. This has resulted in laboratory-based investigations incorporating a combination of physiological and biomechanical analyses to assess the efficiency, health/safety and comfort of various wheelchair configurations. To a lesser extent, field-based testing has also been incorporated to determine the effects of wheelchair configuration on aspects of mobility performance specific to the wheelchair court sports. The available literature has demonstrated that areas of seat positioning, rear wheel camber, wheel size and hand-rim configurations can all influence the ergonomics of wheelchair performance. Certain configurations have been found to elevate the physiological demand of wheelchair propulsion, others have been associated with an increased risk of injury and some have demonstrated favourable performance on court. A consideration of all these factors is required to identify optimal wheelchair configurations. Unfortunately, a wide variety of different methodologies have immerged between studies, many of which are accompanied by limitations, thus making the identification of optimal configurations problematic. When investigating an area of wheelchair configuration, many studies have failed to adequately standardize other areas, which has prevented reliable cause and effect relationships being established. In addition, a large

  8. Italian legislation and normatives on energy conservation: the S. I. LE. NO information system

    Grosso, F.; D' Errico, E.; Funaro, G. (ENEA, Rome (Italy))


    The report describes the information system S.I.L.E.N.O. which contains a collection of information and documentation regarding Italian legislation and normatives on energy conservation. The data base, established within the E.E.C. framework for the development of the rational use of energy, technologies and applications relevant to renewable energy sources, is intended to serve the construction, industrial and agricultural sectors, promote energy conservation and respect of natural ecosystems.

  9. Hydrology and Ecology Go to Court

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


    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

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

    David J McQuoid-Mason


    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...

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

    Gemma Sala


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

  12. Why relevance theory is relevant for lexicography

    Bothma, Theo; Tarp, Sven


    , socio-cognitive and affective relevance. It then shows, at the hand of examples, why relevance is important from a user perspective in the extra-lexicographical pre- and post-consultation phases and in the intra-lexicographical consultation phase. It defines an additional type of subjective relevance...... that is very important for lexicography as well as for information science, viz. functional relevance. Since all lexicographic work is ultimately aimed at satisfying users’ information needs, the article then discusses why the lexicographer should take note of all these types of relevance when planning a new...... dictionary project, identifying new tasks and responsibilities of the modern lexicographer. The article furthermore discusses how relevance theory impacts on teaching dictionary culture and reference skills. By integrating insights from lexicography and information science, the article contributes to new...

  13. Victim's Rights - Comparative Approach within EU Legislation

    Monica Pocora


    Full Text Available Usually is talking about offender rights and rarely about victim's rights. This study aims to analyse victim's rights especially in Romanian legislation from all points of view. Having involuntary fallen victim to crime, the person is often unaware of what information is available. It is therefore important that the onus is not put on the victim to request a certain piece of information. Victims of crimes need to have their important role in the criminal proceedings and he or she has to know about the extension of them rights. Not least, the study is focus on the right of the victim to receive information, not to be made responsible for the practicalities surrounding its delivery.

  14. International Legislation of Shallow Geothermal Energy Use

    Hähnlein, S.; Bayer, P.; Blum, P.


    Climate change, energy savings and energy autonomy are frequently discussed topics. Hence, renewable energy resources are currently promoted worldwide. One of these is geothermal energy. Worldwide the number of shallow geothermal installations (review the current international legal status of thermal use of groundwater. We present the results of an international survey, which offers comprehensive insight in the worldwide legal situation of closed and open systems of shallow geothermal installations. The focus is on minimum distances of these systems and limits for groundwater temperature changes. We can conclude that there are only few regulations and recommendations for minimum distances of these installations and groundwater temperature changes. Some countries have no regulations and in addition if recommendations are given, these are not legally binding. However, to promote shallow geothermal energy as an economically attractive and sustainable energy source, an international homogeneous legislation is necessary.

  15. Food Safety Legislation Regarding Of Aflatoxins Contamination

    Ketney, Otto


    The main objective of the European Union (EU) is to reduce certain contaminants in foodstuffs to acceptable levels. The occurrence of aflatoxin B1 in food was considered to be one of the most important issues of global food security to protect the health of humans and animals, over 100 nations have established maximum tolerable levels for aflatoxin in food. Although EU legislation covers many aspects of food safety was not legally establish an integrated framework that could effectively combat and cover all sectors of the food chain. Monitoring and reporting levels of aflatoxins after controls are essential actions that assist to identify potential risks to human health. The review process for aflatoxin regulations is a complex activity involving many factors and stakeholders.


    Elmira Kovač


    Full Text Available Companies are not always able to purchase fixed assets required to start, expand or modernize their own operations, and also do not have adequate resources that could offer as security for bank loans. Leasing is the answer to such problems, as it provides the possibility of leasing recipient to obtain the necessary equipment. Company pays lease fees from the profits generated from leasing subject use. Leasing, as a contemporary form of funding from year to year, plays a more prominent place in the international business world, making it necessary to devote special attention to the legislation and accounting coverage of business changes, which occur while taking and giving funds to leasing. The importance of these issues in accounting, or financial reporting is confirmed by the fact that International Accounting Standard (IAS 17 Leases is dedicated to this aspect.

  17. [Urology facing the courts. The basis of professional responsibility].

    Haertig, A; Haillot, O; Chopin, G


    The liability of the urologist can be involved according to 3 procedures: The civil procedure is that of the Tribunal de Grande Instance (High Court) then the Cour d'Appel (Court of Appeal). Financial compensations are claimed from the surgeon for not respecting the medical contact. This contract is tacit, oral and carries obligations for the surgeon. The administrative procedure is that of the Tribunal Administratif (Administrative Court) then the Conseil d'Etat (Council of State). This only concerns the salaried surgeon in his salaried activities. The penal procedure is that of the Tribunal Correctionnel (Criminal Court) then the Cour d'Appel (Court of Appeal). The surgeon is then charged with a crime, usually unintensional injuries or through negligence. Although the harlm is easy to prove, the reality of the fault of the surgeon and the relation between fault and damage are far less so. It is the plaintiff (Civil Course, Administrative Cours) or the State Prosecutor (Penal Course) who must prove the fault and causality by the help of an expert's report. So, the responsibility of the surgeon can be committed. However, the development of the insurance system has allowed more widespread compensation without any fault found on the surgeon's part and increasingly frequent conciliatory procedures.

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

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


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

  19. Court Reconstruction for Camera Calibration in Broadcast Basketball Videos.

    Wen, Pei-Chih; Cheng, Wei-Chih; Wang, Yu-Shuen; Chu, Hung-Kuo; Tang, Nick C; Liao, Hong-Yuan Mark


    We introduce a technique of calibrating camera motions in basketball videos. Our method particularly transforms player positions to standard basketball court coordinates and enables applications such as tactical analysis and semantic basketball video retrieval. To achieve a robust calibration, we reconstruct the panoramic basketball court from a video, followed by warping the panoramic court to a standard one. As opposed to previous approaches, which individually detect the court lines and corners of each video frame, our technique considers all video frames simultaneously to achieve calibration; hence, it is robust to illumination changes and player occlusions. To demonstrate the feasibility of our technique, we present a stroke-based system that allows users to retrieve basketball videos. Our system tracks player trajectories from broadcast basketball videos. It then rectifies the trajectories to a standard basketball court by using our camera calibration method. Consequently, users can apply stroke queries to indicate how the players move in gameplay during retrieval. The main advantage of this interface is an explicit query of basketball videos so that unwanted outcomes can be prevented. We show the results in Figs. 1, 7, 9, 10 and our accompanying video to exhibit the feasibility of our technique.

  20. The Impact of Policy and Legislation on Maori Children with Special Needs in Aotearoa/New Zealand

    Fortune, Kiri


    The purpose of this article is to review literature related to the impact of policy and legislation on Maori children with special needs. The historical perceptions of disability for Maori will be discussed and the impacts of western influences and policy will be reviewed. The article investigates relevant studies and literature, both national and…

  1. Comparison of Research Framing Preferences and Information Use of State Legislators and Advocates Involved in Cancer Control, United States, 2012–2013

    Dodson, Elizabeth A.; Tabak, Rachel G.; Brownson, Ross C.


    Introduction Evidence-based policy plays an important role in prevention of cancer and other chronic diseases. The needs of actors involved in policy decision-making should inform knowledge translation strategies. This study examines the differences between state legislators and advocates in how they seek and use information and what their preferences are for how research information is framed. Methods We conducted a cross-sectional comparison of survey responses by US advocates (n = 77) and state legislators (n = 265) working on issues related to cancer control. Results Advocates differed significantly from legislators on all demographic characteristics. Advocates reported seeking and using information more frequently than legislators, though legislators used legislative research bureaus more often (0.45 point difference, P = .004). Both legislators and advocates prioritized the presentation and timeliness of research information similarly but reported different preferences for source (information bias, information relevance, delivery of information by trusted person) of research information. Several differences between advocates and legislators were modified by participant age. Conclusion Our study provides insights for development of knowledge translation strategies to enhance evidence-based policy making for cancer control that are tailored to state-level legislators and advocates. Additional research efforts should evaluate the effectiveness of such knowledge translation strategies, particularly among advocates. PMID:28152363

  2. Lac Courte Oreilles Energy Analysis Project

    Leslie Isham; Denise Johnson


    The Lac Courte Oreilles Tribe applied for first step funding in 2007 and was awarded in October of that year. We wanted to perform an audit to begin fulfilling two commitments we made to our membership and resolutions that we adopted. One was the Kyoto Protocol and reduce our carbon emissions by 25% and to produce 25% of our energy by sustainable means. To complete these goals we needed to begin with first assessing what our carbon emissions are and begin taking the steps to conserve on the energy we currently use. The First Step Grant gave us the opportunity to do this. Upon funding the Energy Project was formed under the umbrella of the LCO Public Works Department and Denise Johnson was hired as the coordinator. She quickly began fulfilling the objectives of the project. Denise began by contact the LCO College and hiring interns who were able to go to each Tribal entity and perform line logging to read and document the energy used for each electrical appliance. Data was also gathered for one full year from each entity for all their utility bills (gasoline, electric, natural gas, fuel oil, etc.). Relationships were formed with the Green Team and other Green Committees in the area that could assist us in this undertaking. The Energy Task Force was of great assistance as well recommending other committees and guidance to completing our project. The data was gathered, compiled and placed into spreadsheets that would be understandable for anyone who didn't have a background in Renewable Resources. While gathering the data Denise was also looking for ways to conserve energy usage, policies changes to implement and any possible viable renewable energy resources. Changes in the social behaviors of our members and employees will require further education by workshops, energy fairs, etc.. This will be looked into and done in coordination with our schools. The renewable resources seem most feasible are wind resources as well as Bio Mass both of which need further

  3. Sink or Swim: Evolving a Broader Definition of Courts through the Multi-Door Approach to Dispute Resolution and the Implications it has for Traditional Court Systems

    L.H. Gummi


    Full Text Available This article comprises three parts. The first part addresses the Nigerian Court system, detailing the hierarchy of courts that make up our legal system or as the topic suggests the traditional court system. The second predominantly dwells on the introduction of the Multi- Door court system into our judicial landscape, and the uniqueness of its operation. The third offers my analysis, based on my experience as a court administrator on whether, with the introduction of the Multi-Door system we have swam or sank, and my advice to other judicial systems that are yet to imbibe the ADR culture.

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

    Norton, Martin L


    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.


    Ekaterina Shugrina


    Full Text Available УДК 342.53The question of the concept and characteristics of a municipal formation has a very practical embodiment: in disputes about territorial foundations of local self-government, the courts often have to infer the presence or absence of the municipality, to investigate the presence or absence of signs of a municipal formation have a specific territory. The objective is to study the concepts and characteristics of the municipality in the materials of law enforce-ment, a comparative analysis of different types of municipalities. The study used the dialec-tical, system-structural, functional, comparative-legal and other methods of cognition. The article compares the types of municipalities found in the Federal legislation and the legisla-tion of subjects of the Russian Federation, explores the question of the powers of the con-stituent entities of the Russian Federation on the establishment of new types of municipal formations. For example, the practice of the constitutional Court, materials of the State Duma emphasized that in providing different types of municipalities, the Federal legislator has quite clearly articulated its desire to establish their differences. Special attention is paid to the analysis of differences in the legal status of municipalities belonging to the same species. Analysis of legal material, law enforcement practice allows the following attributes of municipal formation: territory, permanently or primarily resident population, municipal property and local budgets, bodies of local self-government, the Charter and the system of municipal legal acts, official symbols. When considering the question of the legal status of municipalities stated that the question of equality of different types of municipal for-mations is not so straightforward. Most of the differences in the legal status of different types of municipalities is established by Federal laws and is driven by the desire to make local government more efficient

  6. Barriers and Enablers to Enacting Child and Youth Related Injury Prevention Legislation in Canada

    Linda Rothman


    Full Text Available Injury prevention policy is crucial for the safety of Canada’s children; however legislation is not adopted uniformly across the country. This study aimed to identify key barriers and enablers to enacting injury prevention legislation. Purposive snowball sampling identified individuals involved in injury prevention throughout Canada. An online survey asked respondents to identify policies that were relevant to them, and whether legislation existed in their province. Respondents rated the importance of barriers or enablers using a 5-point Likert type scale and included open-ended comments. Fifty-seven respondents identified the most common injury topics: bicycle helmets (44, 77%, cell phone-distracted driving (36, 63%, booster seats (28, 49%, ski helmets (24, 42%, and graduated driver’s licensing (21, 37%. The top enablers were research/surveillance, managerial/political support and professional group consultation, with much variability between injury topics. Open-ended comments emphasized the importance of a united opinion as an enabler and barriers included costs of protective equipment and inadequate enforcement of legislation. The results highlighted the importance of strategies that include research, management and community collaboration and that injury prevention topics should be addressed individually as information may be lost if topics are considered together. Findings can inform the process of turning injury prevention evidence into action.

  7. When evidence is not enough: a case study on alcohol marketing legislation in Brazil.

    Vendrame, Alan


    This case study identifies the influence and mechanisms that the alcohol industry in Brazil has been able to bring to bear to maintain self-regulation in the marketing of beer and many wines set against a trend of increasing alcohol consumption in Brazil, particularly among young people and women. It identifies the forms of power and strategies used by the alcohol industry in Brazil that may be useful for other countries to consider in seeking to move from self-regulation to state regulation of alcohol marketing. A review was conducted of recent legal documents and court cases, as well as the activities of alcoholic beverage industries. Because of an exemption, Brazilian law had established that both beer and many wines are not alcoholic beverages for marketing purposes. These beverages are subjected to industry self-regulation codes. Research shows that beer and wine marketing often violates industry codes, with little or no enforcement of penalties for non-compliance. Attempts to include beer and wine in the legal definition of alcohol have been opposed by the alcohol industry, and the courts have delegated responsibility to the legislature. The recent legal activities surrounding alcohol sales during the 2014 World Cup games in Brazil provide evidence of the alcohol industry's influence on the legislative process. The alcohol industry in Brazil plays a significant role in the formulation of public policies on alcohol, especially regarding the regulation of marketing. This power is exercised by strong lobbying of government officials responsible for public policies. © 2016 Society for the Study of Addiction.


    Chan, Benny; Somerville, Margaret


    In its landmark decision Carter v Canada (Attorney General), the Supreme Court of Canada ruled that the criminal prohibition on physician-assisted suicide and euthanasia for certain persons in certain circumstances violated their rights to life, liberty, and security of the person in sec. 7 of the Canadian Charter of Rights and Freedoms and thus was unconstitutional. The Supreme Court in effect overruled its earlier decision, Rodriguez v British Columbia (Attorney General), which upheld the prohibition as constitutionally valid, on the basis of changes in Charter jurisprudence and in the social facts since Rodriguez was decided. We argue that the Supreme Court's Carter decision shows conceptual disagreements with its Rodriguez decision concerning the nature and scope of the sec. 7-protected interests and the accompanying principles of fundamental justice. Not only do these conceptual differences have little to do with the changes that the Court in Carter invoked for ‘revisiting’ Rodriguez, the Court's articulation of the sec. 7 interests, particularly the right to life, and the principles of fundamental justice, especially the principle of over breadth, are problematic on their own terms. Furthermore, the way in which the Court dealt with evidence regarding abuses in permissive jurisdictions is also subject to criticism. We recommend that if, as now seems inevitable, legislation is introduced, it should mandate that assisted suicide and euthanasia be performed by specially licensed non-medical personnel and only on the authorization of a Superior Court judge. We also reject the key recommendations recently issued by the Provincial-Territorial Expert Advisory Group on Physician-Assisted Dying. PMID:27099364

  9. Environmental Legislation in China: Achievements, Challenges and Trends


    Compared to the environmental legislation of many developed countries, China’s environmental legislation was initiated late, beginning in 1979, but nevertheless has obtained considerable achievements. As many as thirty environmental laws have provided rules regarding prevention and control of pollution, resource utilization, and ecological protection in China. However, China’s environmental legislation still faces a series of challenges and problems, including that the sustainable development...

  10. Legal protection of pet animals in domestic legislation

    Vidić-Trninić Jelena


    Full Text Available The subject of the author's analysis is the issue of legal protection of pet animals. Through analysis of applicable provisions contained in the Act on Animal Welfare of Serbia, on one hand, and the fundamental principles and provisions set out in the European Convention for the Protection of Pet animals, on the other hand, this paper attempts to point out the degree of legal protection that pet animals are awarded under domestic legal regulations, as well as to answer the question of compatibility of the national legislation with the international standards set out in the mentioned European Convention regarding the above mentioned question. In addition, since the legal protection of pet animals is also regulated by relevant by-laws in our law, the analysis of certain aspects of protection provided to pet animals, specifically the Decision of the city of Novi Sad on keeping of domesticated animals, the paper attempts to draw attention to compliance of the solutions adopted in this legal act, with the fundamental principles of protection, provided to pets by laws or the Act on Animal Welfare of Serbia. Finally, in order to provide a more comprehensive insight in terms of achievement of the legal protection of pets in Serbian law, the paper analyzes the types of unlawful conduct of the owner or the holder of the animals, as well as their respective sanctioning prescribed in specific laws or bylaws.




    Full Text Available Article 522 ind.1 Criminal procedure code, governing the referral back to court in case of extradition, refers to article 405-408 provisions review applicable to appeal, but this reference is limited to retrial procedure and solutions that can be pronounced by the court.The review procedure and the retrial procedure after extradition have a distinct finality: if the review involves removal of essential errors to the facts withheld in a final decision, the purpose of referral back to court in case of extradition is to guarantee the right of of extradited person, who was tried and convicted in the absence, to have a fair trial and, mainly, to exercise the right to defence in a new procedural cycle, which implies the possibility for the person to be heard, to question the witnesses or other parts of the process and to administer favorable evidence, both on the facts, as well as circumstantial.

  12. California court to rule on insurer's denial of AIDS benefits.


    California Insurance Commissioner Chuck Quakenbush is asking the California Supreme Court to overturn a lower court ruling that bars policyholders from receiving disability payments because of AIDS. The State Court of Appeals ruled that Paul Revere Life Insurance Co. could deny coverage to [name removed] because his HIV infection amounted to a pre-existing condition. [Name removed] applied for the policy in 1988. He paid premiums for 5 years, longer than the 2 years the company had to confirm his medical condition. When he became unable to work because of AIDS, he applied for disability. The Commissioner says the intent behind the incontestability clause is to protect consumers from having claims denied after 2 years because of pre-existing conditions. One of [name removed]'s lawyers noted that the company's practice of offering insurance without any medical qualifications is not in line with industry standards. No date has been scheduled for oral arguments in the case.

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

    Siennicka, Malgorzata


    and significance of courts and other open spaces in the Mycenaean settlements in the Argolid during the Palatial and Post-Palatial periods (c. 15th–11th centuries BC). Various categories of areas, like courts, open spaces and open-air areas are discussed, with an emphasis on their functions and status. Courts......While space remains a neglected subject in research on Mycenaean settlements, archaeological and ethnographical studies devoted to social meaning of places and areas used by the inhabitants of the prehistoric and other communities increase in number. This paper aims to review the use...... and open spaces are considered as reflecting patterns of spatial organization in the settlements and of the diverse activities of their residents. The differences between the use of open areas in the acropoleis and in the lower towns are pointed out, as well as changes in the use patterns after the fall...

  14. Data logger device applicability for wheelchair tennis court movement.

    Sindall, Paul; Lenton, John; Cooper, Rory; Tolfrey, Keith; Goosey-Tolfrey, Vicky


    Assessment of movement logging devices is required to ensure suitability for the determination of court-movement variables during competitive sports performance and allow for practical recommendations to be made. Hence, the purpose was to examine wheelchair tennis speed profiles to assess data logger device applicability for court-movement quantification, with match play stratified by rank (HIGH, LOW), sex (male, female) and format (singles, doubles). Thirty-one wheelchair tennis players were monitored during competitive match play. Mixed sampling was employed (male = 23, female = 8). Friedman's test with Wilcoxon signed-rank post hoc testing revealed a higher percentage of time below 2.5 m · s(-1) [tennis match play are consistent with data logger accuracy. Hence, data logging is appropriate for court-movement quantification.

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


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

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

    John R. Gallagher


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




    Full Text Available International specialized literature approaches the concept of court of law from two perspectives: on the one hand, this concept refers to the court of law, regarded as a key linking element within the unitary judicial system, and, on the other hand, to the panel of judges, regarded as the main subject of the criminal procedure, i.e. thejudges who take part in trying a criminal case. In a criminal case, the court of law plays the most important role and its main attribute is the function of jurisdiction, which represents the sum of powers granted to a magistrate for the administration of justice1. The court of law plays a significant role in the rule of law state; thus, both at national and international level, attempts are made in order to set up a legal framework consisting of norms issued by national lawmakers or by official international institutions or by some magistrate associations or NGOs. All these efforts are meant to underline the significant role that the judiciary plays in a rule of law democratic society. In this study we shall try to analyse the concept of “independent court of law”, as this is presented in the national system of law, in its specific norms that are provided by international normative acts and in the principles deriving from the ECHR case-law.


    Mircea DAMASCHIN


    Full Text Available International specialized literature approaches the concept of court of law from two perspectives: on the one hand, this concept refers to the court of law, regarded as a key linking element within the unitary judicial system, and, on the other hand, to the panel of judges, regarded as the main subject of the criminal procedure, i.e. the judges who take part in trying a criminal case. In a criminal case, the court of law plays the most important role and its main attribute is the function of jurisdiction, which represents the sum of powers granted to a magistrate for the administration of justice. The court of law plays a significant role in the rule of law state; thus, both at national and international level, attempts are made in order to set up a legal framework consisting of norms issued by national lawmakers or by official international institutions or by some magistrate associations or NGOs. All these efforts are meant to underline the significant role that the judiciary plays in a rule of law democratic society. In this study we shall try to analyse the concept of “independent court of law”, as this is presented in the national system of law, in its specific norms that are provided by international normative acts and in the principles deriving from the ECHR case-law.

  19. The Relevant Physical Trace in Criminal Investigation

    Durdica Hazard


    Full Text Available A criminal investigation requires the forensic scientist to search and to interpret vestiges of a criminal act that happened in the past. The forensic scientist is one of the many stakeholders who take part in the information quest within the criminal justice system. She reads the investigation scene in search of physical traces that should enable her to tell the story of the offense/crime that allegedly occurred. The challenge for any investigator is to detect and recognize relevant physical traces in order to provide clues for investigation and intelligence purposes, and that will constitute sound and relevant evidence for the court. This article shows how important it is to consider the relevancy of physical traces from the beginning of the investigation and what might influence the evaluation process. The exchange and management of information between the investigation stakeholders are important. Relevancy is a dimension that needs to be understood from the standpoints of law enforcement personnel and forensic scientists with the aim of strengthening investigation and ultimately the overall judicial process.

  20. Abortion and the law: the Supreme Court, privacy, and abortion.

    Marsh, F H


    This article examines the impact of the continuing politicization of the abortion issue in the US on the rights of women and on the emerging concept of fetal rights. The introduction 1) attributes the "final and total politicization" of a woman's right to control her reproduction to the "undue burden" standard introduced by the Supreme Court in its 1992 Casey decision and 2) claims that, if unchecked, the concept of fetal rights may give the state's interest in protecting potential life supremacy over women's rights. The next section presents an in-depth discussion of the politicization of the right to abortion that covers such topics as how the courts before Casey became the forum for debating abortion policy, how the "undue burden" standard fails to set definite parameters of acceptable state behavior, how the Casey decision in effect abandons the trimester-based framework of reference provided in Roe vs. Wade, how Casey allows states to subtly coerce women seeking abortions, how the Casey decision failed to reduce the intense politicization of abortion, and how the court failed to protect individual rights to health care and abortion funding from states. Part 3 of the article begins its exploration of the concept of "fetal rights" with a sketch of the history of this concept in the US courts starting in 1884 when damages for miscarriage were denied. Ways in which fetal rights compete with the rights of a pregnant woman are described, the Supreme Court is blamed for allowing states to develop this concept, and issues of patient confidentiality versus reporting requirements are considered. It is concluded that the Supreme Court will have to act to limit fetal rights.

  1. 78 FR 51820 - Sentencing Guidelines for United States Courts


    ... any related legislation. (10) Implementation of the Violence Against Women Reauthorization Act of 2013... response to any related legislation. (4) Continuation of its work on economic crimes, including (A) a... defendant's prior conviction (e.g., ``crime of violence,'' ``aggravated felony,'' ``violent felony,''...

  2. Information Privacy: Culture, Legislation and User Attitudes

    Sophie Cockcroft


    Full Text Available Information privacy has received much public and research interest in recent years. Globally this has arisen from public anxiety following the September 11 attacks and within Australia a progressive tightening of privacy legislation in particular the privacy amendment (private sector Act of 2000 which became operative in 2001. This paper presents the results of a study into attitudes towards information privacy. Based on an instrument developed and validated by Smith et al (1996a this study sets out to measure individual concerns regarding organisational use of information along four dimensions: collection, errors, unauthorised secondary use, and improper access. The survey was completed by 67 undergraduate and postgraduate students enrolled in an e-commerce security subject at the University of Queensland. Comparisons are drawn between the results of this study and an identical one carried out at the University of North Alabama. Whilst it is too early to draw conclusions about the impact of these attitudes on the success of e-commerce in general, the results should be of interest to those within universities seeking to expand the use of networking technologies for handling sensitive information such as enrolment and fee processing (Vanscoy & Oakleaf 2003

  3. Seed Legislation and agrobiodiversity: conservation varieties

    Riccardo Bocci


    Full Text Available European seed policies and legislation have contributed to fostering a system in which fewer varieties are traded in ever bigger markets in accordance with the law of economy of scale. Informal seed systems have been marginalised and perceived as outdated in a scenario in which the agricultural system was being modernised. In 1998, however, the European Union recognised the need to conserve agricultural genetic resources and created a catalogue specially for registering what it called ‘conservation varieties’. In June 2008 an EU Directive was issued regulating the agricultural species involved. So what is this ‘new’ category of variety. What impact will it have in supporting the informal conservation initiatives in agricultural biodiversity and making them legitimate? This article sets out to address these questions by analysing the concept of conservation variety from when the phrase was coined up to the recent European directive 62/2008. After describing and evaluating the impact that the directive may have, Italian regulation on conservation varieties will be analysed focusing on synergies and diversities. Lastly, in the light of the International Treaty on Genetic Resources for Food and Agriculture, attention will turn to the regulations in order to verify how they correspond.

  4. EU's new pharmacovigilance legislation: considerations for biosimilars.

    Calvo, Begoña; Zuñiga, Leyre


    Biosimilars are biological medicines, the active substances of which are highly similar to those of biologics that have already been authorized. As for any other medicine, the applicant of the biosimilar marketing authorization must submit a risk-management plan (RMP)/pharmacovigilance plan. The pharmacovigilance plan should take into account risks identified during product development, the potential risks and how those risks will be addressed after authorization of the product.Recently, new European Pharmacovigilance legislation has been implemented, ensuring proper risk management through the recording of suspected adverse drug reactions and data collection from all stakeholders. The new regulation entails a reduction of the administrative burden on companies and regulatory agencies, as obligations of the responsible parties are clearly established and duplication of effort avoided.This article analyzes the new European Pharmacovigilance System requirements, with special focus on those medicines requiring additional monitoring, such as biosimilars, which are priorities for pharmacovigilance. Further, it provides the new obligations to marketing authorization holders, such as the continuous benefit-risk assessment.

  5. Italian Legislative Framework and Policies of Disability

    Maria Teresa Agati; Alessandro Giustini; Alessandro Solipaca; Pierfranco Linari; David Fletzer; Elisabetta Del Bufalo


    The most important reference in Italian legislation concerning interventions in favour of people with disabilities came about with Law 104 from February 5th 1992 in which the most important fights for disabled people were established.This law led to a new vision,the person with disabilities is no longer seen only a subject needing help but as a person who has the right to live his life in the best possible way that his condition allows him to and thus,it is society's duty and that of the Government,to do everything possible to remove invalidating causes,to promote a disabled person's autonomy and to realise his best social integration possible.To implement what is foreseen by this law it was necessary to activate different important interventions,two of which are very significant:the realisation of Guidelines from the Ministry of Health on rehabilitation activities in which the aims are defined on how rehabilitation should be implemented and how it should be organised on a national level and at a community level.Law 68 from March 12th 1999 decreed the full rights of people with disability to be integrated into the workplace.In the article we will also report some significant data concerning the results of the applications of the law.

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

    Marchuk, Iryna


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

  7. The Virtual Court Action: procedural facilitation in law

    Karen Barton


    Full Text Available When they learn procedural law, students need to understand and memorize the forms of legal court action which can be carried out by parties to a case. A large proportion of this body of law is descriptive and factual, but complex too; and the constraints of academic curricula do not allow students to learn procedural law in the real environment of the court. As a result, even with the inclusion of case law, and with examples to contextualize the procedural principles, the subject can be perceived as an exercise in knowledge acquisition alone (Vaughn, 1995.

  8. A Social Worker’s Role in Drug Court

    Melinda R. Roberts


    Full Text Available Drug Courts offer alternative sentencing for individuals with drug-related criminal charges, and although there is no mandate requiring a social worker to be a member of the team, this case study concludes that social workers have a unique purpose on the professional team resulting from their generalist and specialist knowledge and skills. The use of this knowledge and skill is illustrated in this descriptive account of the role of a social worker in a midwestern county in the United States. The implication of this case study suggests social workers should be included on drug court teams.

  9. Civilians in Russian Military Courts, 1881-1904

    William C. Fuller


    Full Text Available This article was previously published in the Russian Review, Vol. 41, No. 3. (Jul., 1982, pp. 288-305. It is reprinted in our journal with the Blackwell Publishing’s authorization.Clemenceau is supposed to have remarked once that "military justice is to justice as military music is to music." This salty analogy encapsulates the popular conception of military courts in Europe at the turn of the century. In the public mind the courts were presumed to be arbitrary tribunals in which due process...

  10. The Fashion of Chinoiserie in the European Courts: Metastasio’s Le cinesi

    Chiara Cristiani


    Full Text Available This essay proposes an overview of the chinoiserie trend that exploded across Europe in the eighteenth century, influencing tastes in dress, painting, furniture, and theatre, with a particular reference to the European courts, among which the Court of Vienna held a place of absolute relevance. Le cinesi, a celebrative short play by Metastasio, official poet of the House of Haupsburg, is a libretto that shows how the trend affected the social life at the emperors’ parties, offering also an important document of how European aristocrats and literary men imagined the Chinese way of life, people and costumes, often not actually in relation to the truth of that world, which lay so far away from them. With a strict textual analysis, this paper demonstrates how, in the end, Metastasio paints a wonderful picture of an allegorical representation of dramatic genres, creating a mirror effect between the European spectators and the Chinese characters, via which the author outlines a connection that binds the audience to the stage and leads them to reflect not only on themselves, but also on issues of the theatre itself. 


    Ionel BOSTAN


    Full Text Available The European Court of Accounts (ECA is the European Union’s institution, established by treaty, with thepurpose to make the audit of the EU funds. As an external auditor of the European Union, it contributes to improvingthe financial management of the Union, and acts as an independent defender of the financial interests of the Union’scitizens. The ECA provides with audit services, by which it evaluates the collection and use of the EU funds. Also, itexamines if the financial operations were correctly recorded and presented, if they were made respecting the law andthe regulations and managed with respect to the principles of economy, efficacy and efficiency. The ECA makes knownthe results of the audits in clear, relevant and objective reports and gives reports regarding various aspects of financialmanagement, The Court publishes the results of its audit activities in three types of reports: the annual reports,presenting the results of the financial audit activities as insurance declarations concerning the general budget and theEuropean Development Funds. These reports are presented together in the month of November, with the specificannual reports, which present the results of the financial audits made concerning the agencies and organizations of theCommunities. The special reports, reserved for the results of certain performance audits and conformity audits, may bepublished at any time of the year. The present paper analyzes exactly this latter category of reports, made by theinstitution in the recent annual financial statements.

  12. The “enemy combatants” and Bush administration: relations among executive, legislative and judiciary branches between 2001-2008

    Cristina Carvalho Pacheco


    Full Text Available The terrorist attacks against WTC in 2001 allowed the world to review its expectations regarding the post Cold War World of a society based on values such as market economy and liberal democracy. This paper aims to understand how domestic institutions were affected by this event. It assumes that although September 11th event does not constitute an element of disruption the established order in the domestic level, it allowed, for a brief period of time, to establish an unbalanced relation between Executive, Legislative and Judiciary Powers, in which Executive was preponderant. This balance was restored by the decisions taken by the U.S. Supreme Court, which are also object of analysis in this work.

  13. Contributions from assited human reproduction techniques' socio-legal research to the legislative field

    Marisa Herrera


    Full Text Available This paper’s intention is to share some of the main results of two field-based research projects regarding assisted human reproduction practices in Argentina. Both projects have been developed in a dynamic legislative context involving medical coverage regulation, parentage determination and the right to know one's origins for children born with third party genetic material. Also, in this context, the Draft Civil and Commercial Code reform introduced two figures that were then removed in the parliamentary debate: post mortem fertilization and surrogate motherhood. All these issues concerning the use of assisted human reproduction challenge the legal field and are addressed in these research projects, one of them more from an explorative perspective and the other from a qualitative one. Therefore, this article aims to introduce some of the measured variables and the findings obtained to serve as relevant contributions to achieve a more appropriate legislation according with the medical and social reality.

  14. [New Croatian legislation on tissue banking].

    Busić, Mirela


    regarding quality and safety for procurement, testing, processing and distribution of human tissues and cells for therapeutic purposes according to the required standards; Ordinance on Storing Personal Data of Donors and Recipients of Human Body Parts (OG 141/05), Ordinance on Cooperation with Related Foreign and International Organisations for the Purpose of Exchanging Organs and Human Tissues for Transplantation (OG 141/05), Ordinance on Measures to Ensure Safety and Quality of Human Body Parts for Medical Use COG 143/05), Ordinance on Distribution Principles of Unrelated Allogeneic Hematopoietic Cells and the Register of Potential Bone Marrow Donors COG 151/05), Ordinance on Distribution Criteria of Human Body Parts and Compilation of a National Waiting List (OG 152/05), Ordinance on the Method of Storage and Transportation of Human Body Parts Intended for Transplantation COG 152/05), Ordinance on Keeping Medical Documentation on Performed Removals and Transplants of Human Body Parts COG 152/05), Ordinance on Notification Procedures of the Death of Eligible Human Body Part Donors for Therapeutic Purposes (OG 152/05), Ordinance on the Work of Tissue Banks with and Supervision over Health Care Institutes or Divisions of Health Care Institutes COG 1/06), Ordinance on Method, Procedure and Medical Criteria for Death Determination of Body Part Donors for Transplants COG 3/06), and Ordinance on the Work of Coordinators in the Procedure of Removal and Transplantation of Human Body Parts for Therapeutic Purposes COG 51/06). The Croatian legislation is greatly consistent with the legislation of the European Union regarding this field. In the above mentioned law and decrees, Croatia has a legal foundation for regulating this field in compliance with EU standards.

  15. The low-down on the legislation

    Horswill, L.; Bertoldi, L.; Roman, A.; Rockingham, A.


    Les Horswill, Assistant Deputy Minister in the Ontario Ministry of Energy, Science,and Technology, advised participants that the Energy Competition Act had received Royal Assent, and that all sections required to establish the institutions promised in the White Paper and permit the commercialization of Ontario Hydro`s assets have been proclaimed. Linda Bertoldi, a lawyer with the firm of Borden and Elliot, addressed the question of licensing requirements in the Act. All direct market participants will now have to be licensed, including owners and operators of distribution, transmission and generating systems, retailers, certain purchasers and wholesalers, and the Independent Market Operator (IMO) itself. A series of questions that should be addressed through the generation licences have been identified as important, given the long-term nature of generation projects. IMO accreditation was also highlighted as an important issue outside the licensing process. Andrew Roman, partner in the Toronto law firm of Miller Thomson, stressed the benefits of the legislation, beginning with the elimination of Hydro`s monopoly and the creation of a regime that mitigates Genco`s market power. He also addressed issues facing municipalities in terms of making the right decisions with regard to their municipal electric utilities. Tony Rockingham, Director of the Air Policy and Climate Change Branch at the Ontario Ministry of the Environment spoke about the government`s commitment to building a strong environmental protection component into a competitive electricity system. He also reviewed some of the current thinking and on-going consultation with stakeholders concerning revisions of the Environmental Protection Act, especially emission caps and emissions trading.

  16. Text of High Court's Ruling on Judges' Right to Upset Academic Decisions.

    Stevens, John Paul


    The Supreme Court's opinion and concurring opinion in a case limiting the right of courts to overturn academic decisions, based on the case of university's dismissal of a student after his failure of an important examination, are presented. (MSE)

  17. The Impact of the New York Court Review of Children in Foster Care: A Followup Report

    Festinger, Trudy Bradley


    Examines the data on children studied in a 1974 investigation. Proposes that court review speed movement of children out of foster care, and suggests steps necessary for both court and agencies to make the procedures more effective. (Author/SB)

  18. 5 CFR Appendix A to Subpart F of... - Recommended Language for Court Orders Dividing Employee Annuities


    ... PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) COURT ORDERS AFFECTING RETIREMENT BENEFITS Terminology Used in Court Orders Affecting Employee Annuities or Refunds of Employee Contributions... has considered the requirements and standard terminology provided in part 838 of Title 5, Code...

  19. The Political Economy of Collective Labour Legislation in Taiwan

    James W. Y. Wang


    Full Text Available This article provides a seminal analysis of collective labour legislation in Taiwan. A chronological review of Taiwan’s legislative process suggests that the context of incorporation, institutional framework, mechanisms for delivering reforms, and sequence of reforms together shape the legislative outcomes of labour reforms at the collective level. While most labour legislation was revised and passed after the preceding sequence of economic transition, the reform of collective labour rights was greatly constrained by the flexible labour-market structure. In order for politicians to form new alliances with labour organizations, legislation of collective labour rights was a strategy to cultivate support during electoral periods. Consequently, the industrial relations changed following the enactment of substantial reform-oriented labour legislation. Theore-tically, the historical analysis of legislative procedure unveils evolutionary reform paths for collective labour rights in new democracies. At the same time, empirically, Taiwan demonstrates an alternative reform path in combination with incremental steps and progressive agendas. For new democracies of small economy, a window of opportunity for the progress in collective labour legislation remains open today, albeit with limitations.

  20. Inclusive Education in Spain: Promoting Advocacy by Legislation

    De Luis, Edurne Chocarro


    This article reviews the journey of special education in Spain by considering the legal frameworks. It examines the extent to which legislation has tapped into the feelings of society in general towards people with disabilities who wish to secure inclusion in both education and society. It tracks the evolution of legislation, originally based on a…

  1. 14 CFR 1216.315 - Processing legislative environmental impact statements.


    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Processing legislative environmental impact... ENVIRONMENTAL QUALITY Procedures for Implementing the National Environmental Policy Act (NEPA) Agency Procedures § 1216.315 Processing legislative environmental impact statements. (a) Preparation of a...

  2. National Environmental/Energy Workforce Assessment: National Legislation.

    National Field Research Center Inc., Iowa City, IA.

    This report presents abstracts of federal environmental legislation in each of the environmental pollution control areas of air, noise, potable water, pesticides, radiation, solid waste, wastewater, and energy. An additional section of the report outlines related environmental legislation citations from the 1950's to the present. This document is…

  3. Attending National Library Legislative Day: Why Is It Important?

    Young, Robyn


    Prior to this year, the National Library Legislative Day never really held much importance for the author as a school library media specialist. However, this feeling changed after she attended her first National Library Legislative Day in May of 2008. The goal of this day is to allow everyday practicing professionals to speak with their national…

  4. Legislative Update, December 2010. Report 10-21

    Blair, Julia


    This update contains the Governor's action on legislative initiatives being tracked by CPEC (California Postsecondary Education Commission) staff in the 2009-10 legislative session and information on the new members of the Legislature. A summary matrix of bills monitored by CPEC staff is included.

  5. 43 CFR 20.506 - Appropriations, legislation and lobbying.


    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Appropriations, legislation and lobbying. 20.506 Section 20.506 Public Lands: Interior Office of the Secretary of the Interior EMPLOYEE RESPONSIBILITIES AND CONDUCT Other Employee Conduct Provisions § 20.506 Appropriations, legislation and...

  6. 48 CFR 231.205-22 - Legislative lobbying costs.


    ... 48 Federal Acquisition Regulations System 3 2010-10-01 2010-10-01 false Legislative lobbying costs. 231.205-22 Section 231.205-22 Federal Acquisition Regulations System DEFENSE ACQUISITION REGULATIONS... Contracts With Commercial Organizations 231.205-22 Legislative lobbying costs. (a) Costs associated...

  7. TAKE ACTION NOW! Becoming a Legislative Advocate for Libraries

    Emily Ford


    Full Text Available   Introduction If you work in a library, chances are you’ve seen or heard calls for you to become a library legislative advocate. You may have seen e-mails asking you to fill out a web form asking legislators to continue funding LSTA, or you may have recently seen e-mails about USA PATRIOT Act reforms. But [...

  8. 40 CFR 750.7 - Conduct of legislative hearing.


    ... 40 Protection of Environment 30 2010-07-01 2010-07-01 false Conduct of legislative hearing. 750.7 Section 750.7 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) TOXIC SUBSTANCES... Rulemaking Under Section 6 of the Toxic Substances Control Act § 750.7 Conduct of legislative hearing. (a) A...

  9. Legislation and Lifelong Learning in Canada: Inconsistencies in Implementation.

    Rollings-Magnusson, Sandra


    This review of Canadian government policy as expressed in legislation revealed inconsistencies between rhetorical and actual support for a lifelong learning agenda; the absence of the protection and sense of permanence that legislation provides to policy implementation means that any actions taken or programs created may be easily changed,…

  10. Human tissue legislation in South Africa: Focus on stem cell ...


    Aug 10, 2015 ... The development of legislation is preceded by a policy document detailing the ... Most other stem cell types can be included in this broad definition. Pepper, ... appropriate legislative model in the fields of stem cell research and therapy. .... material for the purpose of reproductive cloning of a human being.

  11. Game Theory and Educational Policy: Private Education Legislation in China

    Law, Wing-Wah; Pan, Su-Yan


    This article presents a game theory analysis of legislating private education in China, based on set of primary and secondary documents related to this issue. The article argues that shaping educational legislation is a dynamic, repeated game of negotiation, cooperation, and/or competition on multiple occasions among various interested actors,…

  12. Minimum Teacher Salary Legislation in New Jersey: Cui Bono?

    Richards, Craig E.


    Provides a demographic and fiscal profile of New Jersey's schools and analyzes equity implications of minimum teacher salary legislation for poor school districts. Direct salary impacts should not destabilize local finances or create undue fiscal distress. Other states considering similar legislation should first examine their economic…

  13. Impact of Wellness Legislation on Comprehensive School Health Programs

    Graber, Kim C.; Woods, Amelia Mays; O'Connor, Jamie A.


    In 2004, Congress passed the Child Nutrition and WIC Reauthorization Act that requires schools to implement a wellness plan. Grounded in Ecological Systems Theory (EST) (Bronfenbrenner, 1977, 1979), the purpose of this study was to explore the impact of the legislation, discover what measures have been taken to enact the legislation, gauge how the…

  14. Court Culture during the Reign of Christian IV

    Olden-Jørgensen, Sebastian


    coronation in 1596, reaching a climax with the "great wedding" (of crown prince Christian) in 1634 and at last colapsing during the military and political crisis in the last years of his long reign (1588/96-1648). Danish court culture during the reign of Christian IV decidedly was on an European level...

  15. Natural Law, Santa Clara, and the Supreme Court.

    Rodgers, Raymond S.; Lujan, Phillip

    The court case, "Santa Clara Pueblo, et al. v. Julia Martinez, et al.," is the subject of this paper. It gives the background of the case of a woman whose children were refused admittance to tribal rolls because of an ordinance prohibiting the enrollment of children whose father is not a tribal member. The paper gives the arguments of…

  16. Will the International Criminal Court Investigate Mexico's "Drug War"?

    Pérez Caballero, Jesús


    The violence of Mexico's so-called "war on drugs" has caught the attention of the international community, with calls for the International Criminal Court (ICC) to turn its attention to the country. If they're successful, high-level government officials - or even leaders of drug trafficking organizations - may be prosecuted in the Hague. But it's a difficult road ahead.

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

    Zirkel, Perry A.


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

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

    Brincker, Rune; Andersen, P.


    In this paper an ambient response analysis of the Heritage Court Building structure is presented. The work is a part of a blind test organised by Professor Carlos Ventura, University of British Columbia. The response data were analysed using two different techniques: a non-parametric based on Fre...

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

    Fields, Cheryl M.


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

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

    Pottker, Janice

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

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

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


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

  2. Supreme Court Actions Push a Wrenching Controversy Straight at You.

    Harrington-Lueker, Donna


    The Supreme Court's past and expected future rulings on abortion cases will add controversy and costs to schools. Estimates the costs of teenage pregnancy; reviews the legal history of abortion; and offers guidelines on how schools can help reduce teenage pregnancy. (MLF)

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

    Adrian, Lin; Mykland, Solfrid


    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...

  4. A Court Case Analysis of Administrative versus Faculty Grading Rights

    Bates, Homer L.; Waldrup, Bobby E.


    Since 1940, when the AAUP formally defined academic freedom (AAUP, 1984), most faculty members believe they have the final authority in assigning course grades to their students. Faculty members may be surprised that several recent court decisions have concluded that college and university administrators have the right to change grades initially…

  5. Wind-induced Vibrations in the European Court Towers

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


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

  6. A Comprehensive Evaluation of the Supreme Court's "Forest Grove" Decision?

    Zirkel, Perry A.


    The article by Dixon, Eusebio, Turton, Wright, and Hale is entitled "Forest Grove School District v. T.A. Supreme Court Case: Implications for School Psychology Practice." Its implications are that a "comprehensive evaluation" under the Individuals with Disabilities Education Act (IDEA) requires assessment of the child's…

  7. 8 CFR 1003.11 - Administrative control Immigration Courts.


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

  8. Always "Outsiders": Asians, Naturalization, and the Supreme Court.

    Lesser, Jeff H.


    Focuses on Supreme Court naturalization rulings in relation to Asian immigrants. Asserts that an ethos of racial exclusion set the stage for internment of Japanese Americans in World War II and continues to discriminate against Asian immigrants in the United States today. (GC)

  9. Nosocomial infection and civil liability in Brazilian courts

    CARVALHO DA SILVA, José Marcio


    Full Text Available Nosocomial infection is notoriously one of the primary problems faced by healthcare insti-tutions and by professionals who work for them. This fact is demonstrated by the growing number of legal actions proposed in the legal system by patients and users of the health care system. Because of this scenario, the phenomenon of civil liability has arisen in cases of noso-comial infection. The legal implications of this phenomenon are varied and involve issues of the institutional environment and of professional conduct. Thus, the current study seeks to analyze the literature on the decisions taken by Brazilian courts regarding civil liability in cases of nosocomial infection. Conceptual aspects that define this healthcare problem are listed, as are the types of civil liability, the legal directives that guide conduct regarding this topic, and the decisions of Brazilian courts that consider civil liability in these cases. It was determined that the courts have been supported by the distinction between objective civil liability and subjective civil liability; additionally, it was determined that these courts are guided by the understanding of the existing service relationship between the institution or health care professional and the patient or user of the health care system.

  10. The Moderating Influence of International Courts on Social Movements

    Sieder, Rachel


    Abstract Feminists and religious conservatives across the globe have increasingly turned to courts in their battles over abortion. Yet while a significant literature analyzes legal mobilization on abortion issues, it tends to focus predominantly on domestic scenarios. In this article, we consider the effects of this contentious engagement of pro-choice and anti-abortion movements in international human rights fora, asking what happens to social movement claims when they reach international human rights courts. We answer the question through a detailed description of a single case, Gretel Artavia Murillo et al. v. Costa Rica, decided by the Inter-American Court of Human Rights in 2012 but with ongoing repercussions for abortion rights, given its authoritative interpretation of embryonic right to life. Through our analysis of Artavia Murillo, we show how legal mobilization before international human rights courts moderates social movement claims within the legal arena, as rivals respond to one another and argue within the frame of courts’ norms and language. PMID:28630548

  11. The Effects of Computerized Information Systems on Juvenile Courts

    Albrecht, Gary L.


    Organizational theorists alternatively hypothesized that computerized information systems (CIS) will produce no necessary changes, centralization, or decentralization in juvenile courts. This hypothesis is supported by the results of a four year study on the phenomenon. Suggestions are offered for improving the juvenile judicial system through…

  12. 77 FR 64853 - Manual for Courts-Martial; Proposed Amendments


    ... From the Federal Register Online via the Government Publishing Office ] Vol. 77 Tuesday, No. 205 October 23, 2012 Part II Defense Department Manual for Courts-Martial; Proposed Amendments; Notice #0;#0... piracy of an aircraft or vessel; or while the accused was engaged in the commission or...

  13. Russia: district court upholds legal ban on opioid substitution treatment.



    On 27 May 2011, the Leninsky district court of Kaliningrad Region upheld the refusal of the Ministry of Health of Kaliningrad Region to ensure access to opioid substitution therapy (OST) as an effective treatment for opioid dependence and an effective intervention for HIV prevention among people who inject drugs.

  14. Definition of Intellectual Disability in Criminal Court Cases

    Olley, J. Gregory


    Definitions and associated descriptions of the condition now commonly known as "intellectual disability" serve many functions. The "Atkins v. Virginia" U.S. Supreme Court decision (2002) has called attention to the importance of clear, objective, and measureable wording of the definition. This article discusses the potential for misunderstanding…

  15. Press Releases vs. Newspaper Coverage of California Supreme Court Decisions.

    Hale, F. Dennis


    A study comparing the coverage in newspapers and press releases regarding one year's decisions of the California Supreme Court revealed that the press releases influenced the kinds of decisions that were reported but not the quantity of coverage by the newspapers. (GT)

  16. You and the Courts: A Newcomer's Guide. 6.

    Michael, Jean

    A bilingual pamphlet containing practical law-related information for recent Russian Jewish immigrants to New York City, this document addresses the court system. Following a brief description of the Newcomer series, 9 questions are listed, each followed by an answer. Questions asked include the difference between criminal and civil law; how the…

  17. Supreme Court eases restriction on group homes for disabled.


    The Supreme Court ruled, in a six to three decision, that municipalities may not use occupancy limits to bar the establishment of group homes in residential settings if those limits do not apply to families as well. This ruling has made it harder for municipalities to prevent group homes for people with disabilities from locating in single-family neighborhoods. The court held that single-family zoning laws in Edmonds, WA, which forbid occupancy by more than five unrelated people, are not exempt from coverage under the Fair Housing Amendment Act (FHAA) because they do not apply to all people. The case which spurred the court ruling began when the City of Edmonds issued criminal citations against Oxford House-Edmonds, an alcohol and drug addiction treatment group home for ten to twelve adults, for violating the zoning law limiting to five the number of unrelated people allowed to live in a single-family home. The decision establishes a rule for the lower courts that local ordinances are not automatically exempt and must be measured against the anti-discrimination provisions of the Fair Housing Act.

  18. Higher Regional Court vs. clearinghouse; OLG gegen Clearingstelle

    Herrmann, Michael; Gottwald, Thorsten [Luther Nierer Rechtsanwaelte Partnerschaft, Berlin (Germany)


    What exactly is a biogas plant? Should several small-scale plants located in a single site be counted as one? A recent ruling of the Higher Regional Court of the German state of Brandenburg reflected this opinion, but only resulted in still greater uncertainty of definitions. (orig.)

  19. Wind-induced Vibrations in the European Court Towers

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


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

  20. 32 CFR 700.1101 - Demand for court-martial.


    ... 32 National Defense 5 2010-07-01 2010-07-01 false Demand for court-martial. 700.1101 Section 700.1101 National Defense Department of Defense (Continued) DEPARTMENT OF THE NAVY UNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS UNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS General Regulations Standards of Conduct § 700.1101 Demand for...