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

Science.gov (United States)

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

2013-01-01

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

SPECIALIZED COURTS OF THE EUROPEAN UNION

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Ioana Nely Militaru

2013-11-01

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

The Impact of Two Los Angeles County Teen Courts on Youth Recidivism: Comparing Two Informal Probation Programs

Science.gov (United States)

Gase, Lauren N; Kuo, Tony; Lai, Elaine; Stoll, Michael A; Ponce, Ninez

2016-01-01

Objective This study sought to examine the impact of two Teen Courts operating in Los Angeles County, a juvenile justice system diversion program in which youth are judged by their peers and given restorative sentences to complete during a period of supervision. Methods A quasi-experimental design was used to compare youth who participated in Teen Court (n=112) to youth who participated in another diversion program administered by the Probation Department (the 654 Contract program) (n=194). Administrative data were abstracted from Probation records for all youth who participated in these programs between January 1, 2012 and June 20, 2014. Logistic and survival models were used to examine differences in recidivism - measured as whether the minor had any subsequent arrest or arrests for which the charge was filed. Results Comparison group participants had higher rates of recidivism than Teen Court participants, after controlling for age, gender, race/ethnicity, and risk level. While the magnitude of the program effects were fairly consistent across model specifications (odd ratios comparing Teen Court [referent] to school-based 654 Contract ranging from 1.95 to 3.07, hazard ratios ranging from 1.62 to 2.27), differences were not statistically significant in all scenarios. Conclusions While this study provides modest support for the positive impact of Teen Court, additional research is needed to better understand how juvenile diversion programs can improve youth outcomes. PMID:27547171

22 CFR 19.6-2 - Qualifying court order.

Science.gov (United States)

2010-04-01

... principal's Foreign Service retirement benefit or survivor benefit. If a court directs or implies that a... Foreign Relations DEPARTMENT OF STATE PERSONNEL BENEFITS FOR SPOUSES AND FORMER SPOUSES OF PARTICIPANTS IN... the Secretary of State. A qualifying court order must— (1) Be consistent with the terms of the Act and...

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

Science.gov (United States)

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

2012-01-01

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

Examining implementation and preliminary performance indicators of veterans treatment courts: The Kentucky experience.

Science.gov (United States)

Shannon, Lisa M; Birdwhistell, Shira; Hulbig, Shelia K; Jones, Afton Jackson; Newell, Jennifer; Payne, Connie

2017-08-01

Veterans' Treatment Courts (VTCs) are posited as a solution to offer rehabilitation for veterans involved in the criminal justice system. Despite the pervasive implementation of VTCs, there is little research focused specifically on VTC implementation and outcomes, which are based on other problem-solving court models such as drug court. The current study presents qualitative process evaluation data from key stakeholders (n=21) and veteran participants (n=4) to show accomplishments, challenges, and lessons learned during first-year implementation at two VTC sites. Quantitative performance data is also presented on veteran participants (n=19) served during the first year to show: types of services, monitoring, judicial interaction, sanctions/therapeutic responses, and rewards, as well as preliminary data on recidivism. Qualitative data, from both key stakeholders and veteran participants, suggests that offering rehabilitation via various program components, services/referrals, and accountability are critical to the success of the VTC. Data also provides valuable lessons learned for VTC implementation including communication, collaboration, information/protocols, and resources. Performance data shows that a variety of services are utilized and that frequent judicial interaction, drug testing, and sanctions are cornerstones of the VTC. Implications and future directions for research are discussed. Copyright © 2017 Elsevier Ltd. All rights reserved.

Japan’s Supreme Court Discourse and Lifetime Employment

DEFF Research Database (Denmark)

Tackney, Charles T.; Sato, Toyoko

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

The constitutional court review of judicial decisions

Directory of Open Access Journals (Sweden)

Stojanović Dragan M.

2016-01-01

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

Intergenerational effects of parental substance-related convictions and adult drug treatment court participation on children's school performance.

Science.gov (United States)

Gifford, Elizabeth J; Sloan, Frank A; Eldred, Lindsey M; Evans, Kelly E

2015-09-01

This study examined the intergenerational effects of parental conviction of a substance-related charge on children's academic performance and, conditional on a conviction, whether completion of an adult drug treatment court (DTC) program was associated with improved school performance. State administrative data from North Carolina courts, birth records, and school records were linked for 2005-2012. Math and reading end-of-grade test scores and absenteeism were examined for 5 groups of children, those with parents who: were not convicted on any criminal charge, were convicted on a substance-related charge and not referred by a court to a DTC, were referred to a DTC but did not enroll, enrolled in a DTC but did not complete, and completed a DTC program. Accounting for demographic and socioeconomic factors, the school performance of children whose parents were convicted of a substance-related offense was worse than that of children whose parents were not convicted on any charge. These differences were statistically significant but substantially reduced after controlling for socioeconomic characteristics; for example, mother's educational attainment. We found no evidence that parent participation in an adult DTC program led to improved school performance of their children. While the children of convicted parents fared worse on average, much--but not all--of this difference was attributed to socioeconomic factors, with the result that parental conviction remained a risk factor for poorer school performance. Even though adult DTCs have been shown to have other benefits, we could detect no intergenerational benefit in improved school performance of their children. (c) 2015 APA, all rights reserved).

Smells Like Teen Spirit: Evaluating a Midwestern Teen Court

Science.gov (United States)

Norris, Michael; Twill, Sarah; Kim, Chigon

2011-01-01

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

22 CFR 19.6 - Court orders and divorce decrees.

Science.gov (United States)

2010-04-01

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

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

International Nuclear Information System (INIS)

Thomas, L.W.

1981-01-01

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

Adaptive Interventions in Drug Court: A Pilot Experiment

Science.gov (United States)

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

2009-01-01

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

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

Science.gov (United States)

King, Michael S

2008-12-01

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

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

Directory of Open Access Journals (Sweden)

Mandeep K. Dhami

2013-09-01

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

Status of Court Management in Switzerland

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Andreas Lienhard

2012-12-01

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

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

Science.gov (United States)

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

2017-08-01

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

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

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Ovidiu-Horia Maican

2017-12-01

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

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

Science.gov (United States)

Conti, Andrea Alberto

2014-08-20

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

Matching Judicial Supervision to Clients' Risk Status in Drug Court

Science.gov (United States)

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

2006-01-01

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

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

OpenAIRE

David Steelman

2010-01-01

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

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

Directory of Open Access Journals (Sweden)

В. І. Алєксєйчук

2015-11-01

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

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

Science.gov (United States)

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

2017-11-16

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

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

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Łukasz Wirkus

2015-08-01

Full Text Available Background The relationship between a court probation officer and their ward is a specific one and is frequently connected with enormous individuals costs. This fact is connected with the character of the job, and with the conditions determining its character. Psychosocial threats may influence both mental and somatic health, directly or indirectly, by means of the influence exerted by stress. Participants and procedure The main study was conducted at the offices of the teams of the Court Probation Service. The teams of the Court Probation Service are part of the structure of the following 9, randomly selected, district courts (DCs: DC Wrocław, DC Bydgoszcz, DC Szczecin, DC Poznań, DC Łódź, DC Lublin, DC Kraków, DC Katowice and DC Białystok. Participation in the research was voluntary and anonymous; the tools were arranged in sets, and the sequence of those sets was random. The sets of research tools were received by 1,000 individuals altogether. Results The conducted research confirmed the need to verify the significance of the feeling of occupational stress of court probation officers at the workplace and the correlations between it and a number of variables. Below, I present statistical analyses concerning various aspects of occupational stress experienced in the studied group, including correlations between the general level of occupational stress and the dimensions of it, and organizational predictors. The objective of the research was to indicate the styles of coping with stress and the correlations of them with the stress felt by court probation officers. Conclusions The research confirms a significant influence exerted by organizational determinants upon the general level of felt occupational stress. Professional court probation officers experience a higher level of felt occupational stress; what is conducive to that is high encumbrance with occupational responsibilities, and also functioning directly in structures of the court of

Does gender matter? Exploring mental health recovery court legal and health outcomes.

Science.gov (United States)

Kothari, Catherine L; Butkiewicz, Robert; Williams, Emily R; Jacobson, Caron; Morse, Diane S; Cerulli, Catherine

2014-12-05

Based upon therapeutic justice principles, mental health courts use legal leverage to improve access and compliance to treatment for defendants who are mentally ill. Justice-involved women have a higher prevalence of mental illness than men, and it plays a greater role in their criminal behavior. Despite this, studies examining whether women respond differently than men to mental health courts are lacking. Study goals were to examine gender-related differences in mental health court participation, and in criminal justice, psychiatric and health-related outcomes. This study utilized a quasi-experimental pre-posttest design without a control group. The data were abstracted from administrative records of Kalamazoo Community Mental Health and Substance Abuse agency, the county jail and both county hospitals, 2008 through 2011. Generalized estimating equation regression was used to assess gender-differences in pre-post program outcomes (jail days, psychiatric and medical hospitalization days, emergency department visits) for the 30 women and 63 men with a final mental health court disposition. Program-eligible females were more likely than males to become enrolled in mental health court. Otherwise they were similar on all measured program-participation characteristics: treatment compliance, WRAP participation and graduation rate. All participants showed significant reductions in emergency department visits, but women-completers had significantly steeper drops than males: from 6.7 emergency department visits to 1.3 for women, and from 4.1 to 2.4 for men. A similar gender pattern emerged with medical-hospitalization-days: from 2.2 medical hospital days down to 0.1 for women, and from 0.9 days up to 1.8 for men. While women had fewer psychiatric hospitalization days than men regardless of program involvement (2.5 and 4.6, respectively), both genders experienced fewer days after MHRC compared to before. Women and men showed equal gains from successful program completion in

Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts().

Science.gov (United States)

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

2013-01-01

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

Meeting health and psychological needs of women in drug treatment court.

Science.gov (United States)

Morse, Diane S; Cerulli, Catherine; Bedell, Precious; Wilson, John L; Thomas, Katherine; Mittal, Mona; Lamberti, J Steven; Williams, Geoffrey; Silverstein, Jennifer; Mukherjee, Aninda; Walck, Donna; Chin, Nancy

2014-02-01

We explored healthcare-related experiences of women drug court participants through combining context from the socio-ecological model with motivation needs for health behavior as indicated by self-determination theory. Five focus groups with 8 women drug court participants, 8 court staff, and 9 community service providers were examined using qualitative framework analysis. Themes emerged across the socio-ecological model and were cross-mapped with self-determination theory-defined motivation needs for autonomy, relatedness, and competence. Socio-ecological levels contained experiences either supporting or eroding women's motivation needs: (1) intrapersonal challenges participants termed an "evil cycle" of relapse, recidivism, trauma, and life challenges; (2) interpersonal context of parenting and stigma involving features of this "evil cycle"; (3) institutions with logistical barriers to legal and medical assistance; (4) community resources inadequate to support living and employment needs. Self-determination theory helps explain motivation required to address the women's healthcare needs and multiple demands at all levels of the socio-ecological model. © 2013.

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

Directory of Open Access Journals (Sweden)

David Steelman

2010-04-01

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

The United States: A Rome Statute of the International Criminal Court Non-Participant

National Research Council Canada - National Science Library

Hopkins, J

2004-01-01

.... As of 1 July 2002, the Rome Statute of the International Criminal Court is a reality. It will try individuals such as the Khmer Rouge, Slobodan Milosevic, and General Juvenal Habyarimana for crimes against humanity, genocide, and war crimes...

Clinical factors associated with rape victims' ability to testify in court ...

African Journals Online (AJOL)

This can be emotionally ... Keywords: Rape victims; Court referral; Psycho-legal assessment; Ability to testify in court; .... specifically been assessed and no psychometric intelligence .... abilities and self-esteem become compromised and their.

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

OpenAIRE

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

2013-01-01

In problem-solving courts judges are no longer neutral arbitrators in adversarial justice processes. Instead, judges directly engage with court participants. The movement towards problem-solving court models emerges from a collaborative therapeutic jurisprudence framework. While most scholars argue judges are the central courtroom actors within problem-solving courts, we find judges are the stars front-stage, but play a more supporting role backstage. We use Goffman's front-stage-backstage fr...

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

Science.gov (United States)

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

2006-11-01

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

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

Directory of Open Access Journals (Sweden)

Pamela Linden

2009-03-01

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

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

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Bosilja Britvić Vetma

2014-01-01

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

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

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Barbora Hola

2016-12-01

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

The United States: A Rome Statute of the International Criminal Court Non-Participant

Science.gov (United States)

2004-03-19

database on-line]; available from Questia; accessed 30 December 2003. 16 Paul C. Szasz , “The United States Should Join the International...Objections to the International Criminal Court” Szasz , Paul C. “The United States Should Join the International Criminal Court.” Database on

At the Supreme Court.

Science.gov (United States)

Williams, Charles F.

2000-01-01

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

COURT OF JUSTICE OF THE EUROPEAN UNION - INTERNATIONAL COURT

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Ioana Nely Militaru

2015-11-01

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

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

International Nuclear Information System (INIS)

Berkemann, J.

1985-01-01

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

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

Science.gov (United States)

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

2012-01-01

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

Effect of Court Dimensions on Players’ External and Internal Load during Small-Sided Handball Games

Science.gov (United States)

Corvino, Matteo; Tessitore, Antonio; Minganti, Carlo; Sibila, Marko

2014-01-01

The aim of this study was to investigate the effect of three different court dimensions on the internal and external load during small-sided handball games. Six male amateur handball players took part in this study and participated in three different 8-min 3vs3 (plus goalkeepers) small-sided handball games (each repeated twice). The three court dimensions were 12×24m, 30×15m and 32×16m. Through Global Positioning System devices (SPI pro elite 15Hz, GPSports) and video analysis, the following parameters were recorded: cyclic and acyclic movements (distance covered and number of technical actions executed), heart rate, and rating of perceived exertion (RPE). Total distance travelled increased with court dimensions (885.2m ± 66.6m in 24×12m; 980.0m ± 73.4m in 30×15m; 1095.0m ± 112.9m in 32×16m, p 5.2 m·s-1) highlighted substantial differences: playing with the 30×15m court in comparison to the 24×12m, the players covered less distance in the first speed zone (p = 0.012; ES = 0.70) and more distance in the second (p = 0.049; ES = 0.73) and third (p = 0.012; ES = 0.51) speed zones. Statistical differences were also found between the 24×12m and 32×16m courts: the players covered more distance in the second and third speed zones (p = 0.013, ES = 0.76; p = 0.023 ES = 0.69) with the 32×16m court in comparison to the 24×12m. There was no significant effect of court dimensions on the technical parameters (number of team actions, passes, piston movements toward goal and defensive activities), the number of specific handball jumps and changes of direction, and the time spent in the different heart rate zones. Considering the average data of all the experimental conditions together (24×12m, 30×15m, 32×16m), a pronounced statistical difference was highlighted between the values in first two HR zones and the last two (p handball games can be used to manipulate both external and internal loads on the players. Key points To cover the specific game demands, more

Effect of Court Dimensions on Players' External and Internal Load during Small-Sided Handball Games.

Science.gov (United States)

Corvino, Matteo; Tessitore, Antonio; Minganti, Carlo; Sibila, Marko

2014-05-01

The aim of this study was to investigate the effect of three different court dimensions on the internal and external load during small-sided handball games. Six male amateur handball players took part in this study and participated in three different 8-min 3vs3 (plus goalkeepers) small-sided handball games (each repeated twice). The three court dimensions were 12×24m, 30×15m and 32×16m. Through Global Positioning System devices (SPI pro elite 15Hz, GPSports) and video analysis, the following parameters were recorded: cyclic and acyclic movements (distance covered and number of technical actions executed), heart rate, and rating of perceived exertion (RPE). Total distance travelled increased with court dimensions (885.2m ± 66.6m in 24×12m; 980.0m ± 73.4m in 30×15m; 1095.0m ± 112.9m in 32×16m, p 5.2 m·s(-1)) highlighted substantial differences: playing with the 30×15m court in comparison to the 24×12m, the players covered less distance in the first speed zone (p = 0.012; ES = 0.70) and more distance in the second (p = 0.049; ES = 0.73) and third (p = 0.012; ES = 0.51) speed zones. Statistical differences were also found between the 24×12m and 32×16m courts: the players covered more distance in the second and third speed zones (p = 0.013, ES = 0.76; p = 0.023 ES = 0.69) with the 32×16m court in comparison to the 24×12m. There was no significant effect of court dimensions on the technical parameters (number of team actions, passes, piston movements toward goal and defensive activities), the number of specific handball jumps and changes of direction, and the time spent in the different heart rate zones. Considering the average data of all the experimental conditions together (24×12m, 30×15m, 32×16m), a pronounced statistical difference was highlighted between the values in first two HR zones and the last two (p handball games can be used to manipulate both external and internal loads on the players. Key pointsTo cover the specific game demands, more

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

Science.gov (United States)

Magwood, Ayo; Ferraro, Krista Fantin

2013-01-01

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

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

Science.gov (United States)

Smith, Scott; Chonody, Jill M.

2010-01-01

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

The influence of tennis court surfaces on player perceptions and biomechanical response.

Science.gov (United States)

Starbuck, Chelsea; Damm, Loïc; Clarke, James; Carré, Matt; Capel-Davis, Jamie; Miller, Stuart; Stiles, Victoria; Dixon, Sharon

2016-09-01

This study aimed to examine player perceptions and biomechanical responses to tennis surfaces and to evaluate the influence of prior clay court experience. Two groups with different clay experiences (experience group, n = 5 and low-experience group, n = 5) performed a 180° turning movement. Three-dimensional ankle and knee movements (50 Hz), plantar pressure of the turning step (100 Hz) and perception data (visual analogue scale questionnaire) were collected for two tennis courts (acrylic and clay). Greater initial knee flexion (acrylic 20. 8 ± 11.2° and clay 32.5 ± 9.4°) and a more upright position were reported on the clay compared to the acrylic court (P < 0.05). This suggests adaptations to increase player stability on clay. Greater hallux pressures and lower midfoot pressures were observed on the clay court, allowing for sliding whilst providing grip at the forefoot. Players with prior clay court experience exhibited later peak knee flexion compared to those with low experience. All participants perceived the differences in surface properties between courts and thus responded appropriately to these differences. The level of previous clay court experience did not influence players' perceptions of the surfaces; however, those with greater clay court experience may reduce injury risk as a result of reduced loading through later peak knee flexion.

Juvenile Court Statistics - 1972.

Science.gov (United States)

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

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

Juvenile Court Statistics, 1974.

Science.gov (United States)

Corbett, Jacqueline; Vereb, Thomas S.

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

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

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Сергей Евгеньевич Страхов

2013-12-01

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

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

Science.gov (United States)

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

2014-06-01

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

The Problem of Emergency in the American Supreme Court

DEFF Research Database (Denmark)

Ugilt, Rasmus; Hartz, Emily

2011-01-01

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

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

DEFF Research Database (Denmark)

Rytter, Jens Elo

2003-01-01

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

An Effectiveness Trial of Contingency Management in a Felony Preadjudication Drug Court

Science.gov (United States)

Marlowe, Douglas B; Festinger, David S; Dugosh, Karen L; Arabia, Patricia L; Kirby, Kimberly C

2008-01-01

This study evaluated a contingency management (CM) program in a drug court. Gift certificates for compliance were delivered at 4- to 6-week intervals (total value  =  $390.00). Participants in one condition earned gift certificates that escalated by $5.00 increments. Participants in a second condition began earning higher magnitude gift certificates, and the density of reinforcement was gradually decreased. No main effects of CM were detected, which appears to be attributable to a ceiling effect from the intensive contingencies already delivered in the drug court and the low density of reinforcement. Preplanned interaction analyses suggested that participants with more serious criminal backgrounds might have performed better in the CM conditions. This suggests that CM programs may be best suited for more incorrigible drug offenders. PMID:19192860

Coaches Beware of Participating with Players in Practice

Science.gov (United States)

Sawyer, Tonya L.

2018-01-01

A Missouri court of appeals reversed a trial court and restored a plaintiff's claim that a head football coach and an assistant coach were liable for assault and battery when the assistant coach donned football pads and participated in a practice in which he injured the plaintiff. In the same ruling, however, the court affirmed the finding that…

Trial by Jury in Russian Military Courts

Directory of Open Access Journals (Sweden)

Nikolai P. Kovalev

2008-07-01

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

Grounds for the Specialization of Courts and Judges in Russia

Directory of Open Access Journals (Sweden)

Lydia Terekhova

2014-01-01

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

Attorney Argumentation and Supreme Court Opinions.

Science.gov (United States)

Benoit, William L.

1989-01-01

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

Interpretative decisions in the practice of the Constitutional Court of Serbia

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Rajić Nataša

2014-01-01

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

25 CFR 11.912 - Contempt of court.

Science.gov (United States)

2010-04-01

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

Pragmatic meaning in court interpreting: An empirical study of additions in consecutively interpreted question-answer dialogues

DEFF Research Database (Denmark)

Jacobsen, Bente

Focusing on additions, my PhD thesis aims to demonstrate that, contrary to the expectation of most legal systems, court interpreters do not function as mere translating devices, but participate actively in the process of negotiating meaning in the courtroom.......Focusing on additions, my PhD thesis aims to demonstrate that, contrary to the expectation of most legal systems, court interpreters do not function as mere translating devices, but participate actively in the process of negotiating meaning in the courtroom....

25 CFR 11.908 - Court records.

Science.gov (United States)

2010-04-01

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

Supreme Court Update

Science.gov (United States)

Taylor, Kelley R.

2009-01-01

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

Examining the links between therapeutic jurisprudence and mental health court completion.

Science.gov (United States)

Redlich, Allison D; Han, Woojae

2014-04-01

Research demonstrates that mental health courts (MHCs) lead to improved outcomes compared to traditional criminal court processes. An underlying premise of MHCs is therapeutic jurisprudence (TJ). However, no research, to our knowledge, has examined whether MHC outcomes are predicted by TJ principles as theorized. In the present study, we examined whether principles measured at the onset of MHC enrollment (knowledge, perceived voluntariness, and procedural justice) predicted MHC completion (graduation). Using structural equation modeling with MHC participants from four courts, a significant, direct relationship between TJ and MHC completion was found, such that higher levels of TJ were associated with higher rates of success. Although this direct effect became nonsignificant when mediator variables were included, a significant indirect path remained, such that increased levels of initial perceived voluntariness and procedural justice, and MHC knowledge, led to decreased rates of new arrests, prison, MHC bench warrants, and increased court compliance, which, in turn, led to a higher likelihood of MHC graduation. PsycINFO Database Record (c) 2014 APA, all rights reserved.

Medication assisted treatment in US drug courts: results from a nationwide survey of availability, barriers and attitudes.

Science.gov (United States)

Matusow, Harlan; Dickman, Samuel L; Rich, Josiah D; Fong, Chunki; Dumont, Dora M; Hardin, Carolyn; Marlowe, Douglas; Rosenblum, Andrew

2013-01-01

Drug treatment courts are an increasingly important tool in reducing the census of those incarcerated for non-violent drug offenses; medication assisted treatment (MAT) is proven to be an effective treatment for opioid addiction. However, little is known about the availability of and barriers to MAT provision for opioid-addicted people under drug court jurisdiction. Using an online survey, we assessed availability, barriers, and need for MAT (especially agonist medication) for opioid addiction in drug courts. Ninety-eight percent reported opioid-addicted participants, and 47% offered agonist medication (56% for all MAT including naltrexone). Barriers included cost and court policy. Responses revealed significant uncertainty, especially among non-MAT providing courts. Political, judicial and administrative opposition appear to affect MAT's inconsistent use and availability in drug court settings. These data suggest that a substantial, targeted educational initiative is needed to increase awareness of the treatment and criminal justice benefits of MAT in the drug courts. Copyright © 2013 Elsevier Inc. All rights reserved.

An Effectiveness Trial of Contingency Management in a Felony Preadjudication Drug Court

Science.gov (United States)

Marlowe, Douglas B.; Festinger, David S.; Dugosh, Karen L.; Arabia, Patricia L.; Kirby, Kimberly C.

2008-01-01

This study evaluated a contingency management (CM) program in a drug court. Gift certificates for compliance were delivered at 4- to 6-week intervals (total value = $390.00). Participants in one condition earned gift certificates that escalated by $5.00 increments. Participants in a second condition began earning higher magnitude gift…

CONFLICT BETWEEN LEGAL OPINIONS OF ECHR AND NATIONAL CONSTITUTIONAL COURTS

Directory of Open Access Journals (Sweden)

Yuliya Nadtochey

2017-01-01

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

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

OpenAIRE

Schiek, Dagmar

2014-01-01

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

An Ever More Powerful Court?

DEFF Research Database (Denmark)

Martinsen, Dorte Sindbjerg

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

The Special Court for Sierra Leone

DEFF Research Database (Denmark)

Damgaard, Ciara Therése

2004-01-01

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

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

National Research Council Canada - National Science Library

Short, John J

1987-01-01

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

Examining substance use among rural Appalachian and urban non-Appalachian individuals participating in drug court.

Science.gov (United States)

Shannon, Lisa M; Perkins, Elizabeth B; Neal, Connie

2014-02-01

The study purpose was to examine differences in substance use among individuals in drug court (N = 583) in rural Appalachian (n = 301) and urban non-Appalachian areas (n = 282). A series of logistic regression analyses suggested individuals in the rural Appalachian area were significantly more likely to report lifetime use of cocaine, illicit opiates, and illicit benzodiazepines, but they were less likely to report methamphetamine use when compared with individuals in the urban non-Appalachian area. Regarding past 30-day use, a series of logistic regression analyses suggested individuals in the rural Appalachian area were significantly more likely to use marijuana, illicit opiates, and illicit benzodiazepines, but they were less likely to report crack cocaine use when compared with individuals in the urban non-Appalachian area. Identifying differences which exist in substance use is the first step in generating evidence-based structural changes in treatment drug court programs. Future research should focus on better understanding context in terms of demographic, geographic, and economic conditions, which may be of critical influence on substance use and treatment planning.

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

Science.gov (United States)

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

1994-01-01

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

The International Criminal Court

DEFF Research Database (Denmark)

Damgaard, Ciara Therése

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

The Courts and Student Rights -- Procedural Matters.

Science.gov (United States)

Phay, Robert E.

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

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

Directory of Open Access Journals (Sweden)

Mr.Sc. Sabri Halili

2013-06-01

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

Genetics in the courts

Energy Technology Data Exchange (ETDEWEB)

Coyle, Heather; Drell, Dan

2000-12-01

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

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

Directory of Open Access Journals (Sweden)

Wan Abdul Fattah Wan Ismail

2017-12-01

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

Atypical Rulings of the Indonesian Constitutional Court

Directory of Open Access Journals (Sweden)

Bisariyadi

2016-08-01

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

Effect of Court Dimensions on Players’ External and Internal Load during Small-Sided Handball Games

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Matteo Corvino

2014-06-01

Full Text Available The aim of this study was to investigate the effect of three different court dimensions on the internal and external load during small-sided handball games. Six male amateur handball players took part in this study and participated in three different 8-min 3vs3 (plus goalkeepers small-sided handball games (each repeated twice. The three court dimensions were 12×24m, 30×15m and 32×16m. Through Global Positioning System devices (SPI pro elite 15Hz, GPSports and video analysis, the following parameters were recorded: cyclic and acyclic movements (distance covered and number of technical actions executed, heart rate, and rating of perceived exertion (RPE. Total distance travelled increased with court dimensions (885.2m ± 66.6m in 24×12m; 980.0m ± 73.4m in 30×15m; 1095.0m ± 112.9m in 32×16m, p 5.2 m·s-1 highlighted substantial differences: playing with the 30×15m court in comparison to the 24×12m, the players covered less distance in the first speed zone (p = 0.012; ES = 0.70 and more distance in the second (p = 0.049; ES = 0.73 and third (p = 0.012; ES = 0.51 speed zones. Statistical differences were also found between the 24×12m and 32×16m courts: the players covered more distance in the second and third speed zones (p = 0.013, ES = 0.76; p = 0.023 ES = 0.69 with the 32×16m court in comparison to the 24×12m. There was no significant effect of court dimensions on the technical parameters (number of team actions, passes, piston movements toward goal and defensive activities, the number of specific handball jumps and changes of direction, and the time spent in the different heart rate zones. Considering the average data of all the experimental conditions together (24×12m, 30×15m, 32×16m, a pronounced statistical difference was highlighted between the values in first two HR zones and the last two (p < 0.05; large ES. The rating of perceived exertion was significantly higher during the drill with the 32×16m court compared with the 24

Trial Courts in the Judicial Process.

Science.gov (United States)

McKnight, R. Neal

1981-01-01

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

The Court in the Homeric Epos

Science.gov (United States)

Loginov, Alexandr

2016-01-01

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

How do the Constitutional Courts decide?

Directory of Open Access Journals (Sweden)

Pasquale Pasquino

2016-12-01

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

ECHR and national constitutional courts

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Nastić Maja

2015-01-01

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

Recidivism following mental health court exit: Between and within-group comparisons.

Science.gov (United States)

Lowder, Evan M; Desmarais, Sarah L; Baucom, Daniel J

2016-04-01

Over the past decade, Mental Health Courts (MHCs) have spread rapidly across the U.S. These courts aim to reduce recidivism among adults with mental illnesses through diversion into community-based treatment. Extant research suggests that MHCs can be effective in reducing recidivism, but also demonstrates that effectiveness varies as a function of characteristics of the participants (e.g., criminal history) and the program (e.g., coercion). Less is known regarding the extent to which process-related factors (e.g., length of participation, time between referral and receipt of services) impact effectiveness. Prior research also is limited by a focus on recidivism during MHC as opposed to postexit. To address these knowledge gaps, we examined recidivism 1 year postexit for a group of MHC participants (n = 57) and offenders receiving treatment as usual (TAU; n = 40), total N = 97. We also investigated the influence of individual characteristics and process factors on changes in jail days 1 year preentry to 1 year postexit for MHC participants. Overall, results provide some evidence supporting the effectiveness of MHCs. MHC participants had significantly fewer jail days, but not charges or convictions, relative to TAU participants. Among MHC participants, graduation from the MHC, presence of co-occurring substance use, and longer length of MHC participation were associated with greater reductions in jail days. Other process factors were unrelated to reductions in recidivism. Findings suggest that MHCs may be particularly effective for high-risk participants and that time spent in a MHC has positive effects on recidivism, regardless of graduation status. (c) 2016 APA, all rights reserved).

Investigating deviations from norms in court interpreting

DEFF Research Database (Denmark)

Dubslaff, Friedel; Martinsen, Bodil

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

Science Court on ICRH [ion cyclotron resonance heating] modeling of tokamak plasmas

International Nuclear Information System (INIS)

Hively, L.M.; Sadowski, W.L.

1987-10-01

The Applied Plasma Physics (APP) Theory program in the Office of Fusion Energy is charged with supporting the development of advanced physics models for fusion research. One such effort is ion cyclotron resonance heating (ICRH), which has seen substantial progress recently. However, due to serious questions about the adequacy of present models for CIT (Compact Ignition Tokamak), a Science Court was formed to assess ICRH models, including: validity of theoretical and computational approximations; underlying physics assumptions and corresponding limits on the results; self-consistency; any subsidiary issues needing resolution (e.g., new computer tools); adequacy of the models in simulating experiments (especially CIT); and new or improved experiments to validate and refine the models. The Court did not review work by specific individuals, institutions, or programs, thereby avoiding any biases along these lines. Rather, the Science Court was carefully structured as a technical review of ICRH theory and modeling in the US. This paper discusses the Science Court process, findings, and conclusions

International Justice through Domestic Courts:

DEFF Research Database (Denmark)

Tang, Yi Shin

2015-01-01

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

25 CFR 11.901 - The children's court established.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false The children's court established. 11.901 Section 11.901 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.901 The children's court established. When conducting...

Administrative court control in taxation matters

OpenAIRE

Nataša Zunić Kovačević

2016-01-01

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

Key performance indicators for Australian mental health court liaison services.

Science.gov (United States)

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

2017-12-01

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

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

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Gemma Sala

2014-12-01

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

English as a Court Language in Continental Courts

NARCIS (Netherlands)

C. Kern (Cristoph)

2013-01-01

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

Who can monitor the court interpreter's performance?

DEFF Research Database (Denmark)

Martinsen, Bodil

2009-01-01

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

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

Directory of Open Access Journals (Sweden)

Thierry Kirat

2010-04-01

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

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

Science.gov (United States)

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

2015-09-01

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

5 CFR 1651.8 - Participant's estate.

Science.gov (United States)

2010-01-01

... Participant's estate. If the account is to be paid to the duly appointed executor or administrator of the participant's estate under § 1651.2(a)(5), the following rules apply: (a) Appointment by court. The executor... executor or administrator. Documentation which demonstrates that the person is properly authorized under...

Clerics and courtly love in Andreas Capellanus' The Art of Courtly Love and Chaucer's Canterbury Tales

OpenAIRE

Williams, Andrew

1990-01-01

In both The Canterbury Tales and The Art of Courtly Love Geoffrey Chaucer and Andreas Capellanus deal with various aspects of courtly love. In particular, both of them focus to some degree on the question of clerical celibacy. The use of tale telling and imaginary dialogues result in a contemporary overview of the role of the cleric in courtly love, the church rules on the subject, and the opinions of the people on a subject that is ripe for exploration. My aim is to point out some of the ...

Supervisory Control and Court Management

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Andreas Lienhard

2009-08-01

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

Can a foetus participate in legal proceedings involving atomic energy law?

International Nuclear Information System (INIS)

Anon.

1992-01-01

A conceived but still unborn child (foetus) is not able to participate in an administrative lawsuit dealing with the decommissioning of a repository for radioactive waste. Federal Administrative Court, decision of 5.2.1992 - 7 B 13.92 - (Regional Superior Court of Magdeburg). (orig.) [de

The use of mental health court appearances in supervision.

Science.gov (United States)

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

2010-01-01

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

Guide to Alabama Court Procedures.

Science.gov (United States)

Alabama Administrative Office of Courts, Montgomery.

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

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

Science.gov (United States)

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

2006-04-01

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

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

Directory of Open Access Journals (Sweden)

Krstić Novak

2016-01-01

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

Court decisions on medical malpractice.

Science.gov (United States)

Knaak, Jan-Paul; Parzeller, Markus

2014-11-01

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

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Science.gov (United States)

2006-09-26

Separation of Powers Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Eliminating Federal Court Jurisdiction Where There Is No State Court Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 1 542 U.S. 466 (2004). Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court In Rasul v. Bush,1 a divided Supreme Court declared that “a state

Opteren voor de Netherlands Commercial Court

NARCIS (Netherlands)

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

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

Past and Future for Management of Courts

Directory of Open Access Journals (Sweden)

Bert Maan

2009-08-01

Full Text Available This article is written from the perspective of a court president in The Netherlands, a so called civil law country. In theory, in a civil law country, judges and lawyers in civil and commercial cases base their actions on the application of the law and its interpretation. Moreover, in criminal matters, the courts use inquisitorial procedures which differ from the adversarial procedures used in common law countries. The field of court management is not highly developed because of the tension between the need for judicial independence and judicial organization. There are many examples of this tension, including the fact that courts may be subject to budgetary limits which themselves may intrude upon judicial independence. For instance, suppose that a judge believes it necessary to appoint an expert to answer a certain scientific question, but the expert is expensive and budgetary considerations preclude the appointment. When I was involved in the process of the budgets of prosecutors’ offices and courts, this question frequently arose. In an effort to deal with this problem, part of the courts’ budgets were treated as open-ended even though courts rarely spent these open-ended budgets lavishly.

Barriers to addressing substance abuse in domestic violence court.

Science.gov (United States)

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

2014-03-01

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

The Court is dead, long live the courts?: On judicial review in Poland in 2017 and „judicial space” beyond

OpenAIRE

Koncewicz, Tomasz Tadeusz

2018-01-01

How should Polish judges respond, now that the Constitutional Court is being used in the day-to-day politics, and keeps delivering goods for its political masters? We have to be unequivocal here. Any future decisions taken by the „fake Court” with the “fake” judges sitting on the cases will be marred by invalidity. The ordinary judges will have a valid claim not to follow these rulings. Should they decide to follow decisions made with the participation of, or made by, “fake” judges, their own...

PENGADILAN HIBRIDA (HYBRID COURT SEBAGAI ALTERNATIF PENANGANAN KEJAHATAN INTERNASIONAL

Directory of Open Access Journals (Sweden)

Arie Siswanto

2016-10-01

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

Sex specific molecular responses of quick-to-court protein in Indian malarial vector Anopheles culicifacies: conflict of mating versus blood feeding behaviour

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Tanwee Das De

2017-07-01

Full Text Available Understanding the molecular basis of mosquito behavioural complexity plays a central role in designing novel molecular tools to fight against their vector-borne diseases. Although the olfactory system plays an important role in guiding and managing many behavioural responses including feeding and mating, but the sex-specific regulation of olfactory responses remain poorly investigated. From our ongoing transcriptomic data annotation of olfactory tissue of blood fed adult female An. culicifacies mosquitoes; we have identified a 383 bp long unique transcript encoding a Drosophila homolog of the quick-to-court protein. Previously this was shown to regulate courtship behaviour in adult male Drosophila. A comprehensive in silico analysis of the quick-to-court (qtc gene of An. culicifacies (Ac-qtc predicts a 1536 bp single copy gene encoding 511 amino acid protein, having a high degree of conservation with other insect homologs. The age-dependent increased expression of putative Ac-qtc correlated with the maturation of the olfactory system, necessary to meet the sex-specific conflicting demand of mating (mate finding versus host-seeking behavioural responses. Sixteen to eighteen hours of starvation did not alter Ac-qtc expression in both sexes, however, blood feeding significantly modulated its response in the adult female mosquitoes, confirming that it may not be involved in sugar feeding associated behavioural regulation. Finally, a dual behavioural and molecular assay indicated that natural dysregulation of Ac-qtc in the late evening might promote the mating events for successful insemination. We hypothesize that Ac-qtc may play a unique role to regulate the sex-specific conflicting demand of mosquito courtship behaviour versus blood feeding behaviour in the adult female mosquitoes. Further elucidation of this molecular mechanism may provide further information to evaluate Ac-qtc as a key molecular target for mosquito-borne disease management.

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

OpenAIRE

Koubková, Iveta

2012-01-01

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

Court interpreting and pragmatic meaning

DEFF Research Database (Denmark)

Jacobsen, Bente

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

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

NARCIS (Netherlands)

Hoevenaars, J.

2018-01-01

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

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

OpenAIRE

Hiller, Kinga

2010-01-01

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

The Relevance of Criminal Courts in the Global South

Directory of Open Access Journals (Sweden)

Pablo Leandro Ciocchini

2017-12-01

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

PARTICIPATION OF MINI-BASKETBALL PLAYERS DURING SMALL-SIDED COMPETITIONS

Directory of Open Access Journals (Sweden)

M\\u00AA Isabel Pi\\u00F1ar

2009-01-01

Full Text Available This study presents the differences of competition between mini-basketball with the traditional rules (5-a-side and minibasket with rule modifications (3-a-side such as: reduced number of players on court, compulsory participation in 2 of the match's 4 periods, reduced court size, placing the free throw line at 3m from the basket, and including a three-point line. The sample that was selected included 47 mini-basketball players, and the study was carried out using a quasi-experimental design without a control group. The aim was to determine the effect of rule modifications on the participation of the player with the ball. It was demonstrated that the degree of individual participation is greater in mini-basketball with modified rules.

Debatable questions of the lawyer’s responsibilities definition in the court: the foreign doctrine

Directory of Open Access Journals (Sweden)

Тетяна Борисівна Вільчик

2016-01-01

Conclusion. The conducted analysis of judicial decisions and scientific points of view leads to the following conclusions: 1 The legal status of lawyers is characterized by the fact that as participants in the proceedings, they take part together with the judges in the administration of justice. 2 Lawyers are an integral part of the administration of justice. 3 Lawyers should promote the efficient use of limited resources of the court. 4 The advocate’s duties in front of the court are of paramount importance and must be fulfilled even if a client gives a lawyer the opposite order. 5 Advocates should inform their client in time that their duty in front to the court is of paramount importance for the lawyer. 6 The lawyer’s duties include calling of the judge’s attention to any mistakes that he perhaps made. 7 Advocates should guide clients in litigation in the interests of promoting public confidence in the administration of justice

Unwrapping Court-Connected Mediation Agreements

DEFF Research Database (Denmark)

Adrian, Lin; Mykland, Solfrid

2018-01-01

Court-connected mediated agreements seem to both fulfil and fail the ideal of self-determination in mediation theory. In a study of 134 agreements from court-connected mediation, we found that the majority of agreements contain creative elements and display great variation in the provisions...... and understand them. The judicial language is well known for the drafters of the agreement but not the parties. Thus, court-connected mediation seems to fail aspects of self-determination when it comes to drafting agreements. We draw on new-institutional theory when we explore and explain this apparent...... they contain. These results indicate that the parties play an important role in crafting the substance of their agreements. However, we also found that the wording of the agreements is characterised by legal and bureaucratic language to the extent that people without legal training find it difficult to read...

Limits of verification by the Federal Constitutional Court

International Nuclear Information System (INIS)

Anon.

1985-01-01

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

Internal and External Dialogue: A Method for Quality Court Management

Directory of Open Access Journals (Sweden)

Marie Hagsgård

2008-10-01

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

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

Science.gov (United States)

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

2013-09-01

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

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

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Andrea Lollini

2012-05-01

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.

PARTICIPANTS IN INSOLVENCY

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RARES-SEBASTIAN PUIU-NAN

2012-05-01

Full Text Available The article examines the officials and other participants in insolvency. The main purpose of the insolvency procedure is to cover all the debts of the debtor side, in favor of his creditor side. The most important regulations regarding this issue consist in Law no. 85/2006, according to it in the insolvency procedure are to be appointed the following officials: insolvency courts of justice, insolvency judge, receiver, liquidator. All these officials have to act in celerity, in order to promptly perform acts and operations provided by law and to respect and provide other participants’ rights and obligations. My article present in the beginning the insolvency courts of justice, their material and territorial competence and the procedure rules. Next chapters are dedicated to the insolvency judge, receiver and liquidator and analyze the following issues: their appointment, their powers, their auxiliary officials and their ceasing of the powers. Some regards on the British law and French law are also included. The next chapter is dedicated to the participants to the insolvency procedure: the creditors general assembly, creditors committee and special administrator, followed by conclusions and recommendations.

Criminal adjudication by state courts under the FDRE constitution ...

African Journals Online (AJOL)

... delegation power or as an original power. This article explores how the state courts are adjudicating federal criminal matters, and how the criminal adjudicative jurisdiction of the federal courts and state courts is compartmentalized. Keywords: jurisdiction, criminal adjudication, compartmentalization, constitution, federalism ...

25 CFR 11.907 - Transfer to Court of Indian Offenses.

Science.gov (United States)

2010-04-01

....907 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.907 Transfer to Court of Indian Offenses. (a) The presenting officer or the minor may file a petition requesting the children's court to transfer the minor to...

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

Science.gov (United States)

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

2013-01-01

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

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

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Abdullah Gofar

2017-07-01

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

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

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María Eugenia Monte

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

A Standing Investment Court under TTIP from the Perspective of the Court of Justice of the European Union

NARCIS (Netherlands)

Gáspár-Szilágyi, S.

2016-01-01

This article critically assesses the feasibility of the recently proposed Investment Court System (ICS) under the envisaged Transatlantic Trade and Investment Partnership (TTIP), from the perspective of the Court of Justice of the European Union (CJEU). It is argued that an ex ante assessment of the

Legal Bibliography for Juvenile and Family Courts. Supplement 2.

Science.gov (United States)

Sheridan, William H.; Freer, Alice B.

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

Court rejects claim of mental illness from needlestick.

Science.gov (United States)

1998-05-29

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

First instance competence of the Higher Administrative Court

International Nuclear Information System (INIS)

Anon.

1988-01-01

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

Educational Malpractice: Why the Courts Say No.

Science.gov (United States)

Hammes, Richard

1989-01-01

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

The Role of Courts in Shaping Health Equity.

Science.gov (United States)

Hall, Mark A

2017-10-01

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

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

Directory of Open Access Journals (Sweden)

О. О. Сидоренко

2015-11-01

our country have an opportunity to apply for protection of violated rights to the European Court. The Convention, the basic human rights and freedoms, and in performance of work by an international agreement is necessary to consider the interpretation of the Court. It follows from Article 32 of the Convention, according to which the jurisdiction of the Court shall extend to all matters concerning the interpretation and application of the Convention and its Protocols. The case-law of the European Court increasingly becoming an important source of law in Ukraine. The European Court is the subject of judicial lawmaking. The high authority of the European Court was obtained by ensuring uniform interpretation and application of the Convention across the entire European continent. Number of appeals to the European Court is growing, and more and more of its decision relating to the interpretation of law, and the problems of its imperfection.Law of Ukraine «On execution of decisions and application of the European Court of Human Rights» dated February 23, 2006 by fundamental for the legal system of Ukraine provisions. The existence of precedents of the European Court as a unique source of law is due, usually gaps in the law or its ambiguous understanding. In terms of reforming legislation of Ukraine, the European Court in its systematic conceptual models provide certain legislative activities. The court is designed to ensure strict adherence to and compliance with the rules of the Convention by the States Parties. It carries out this task through the consideration and resolution of specific cases taken him to the proceedings on the basis of individual complaints filed by an individual, group of individuals or non-governmental organization. It is also possible filing complaints of violations of the Convention by the State - a member of the Council of Europe of another Member State. European court can not reverse the decision rendered by a public authority or national court

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

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Willene Holness

2014-12-01

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

The diversity of the Brazilian regional Audit Courts on government auditing

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André Feliciano Lino

2017-11-01

Full Text Available ABSTRACT Currently, the 33 regional audit courts are responsible to monitor the public financial management cycle for states and municipalities and to judge the compliance of governors’ acts to the laws regarding procurement and civil servants’ employment from more than 20,000 governmental entities under their jurisdiction. This article aims to analyze the diversity of internal configuration of these regional audit courts and to discuss the potential associations with the financial auditing quality their teams usually run. We conducted interviews with external auditors and IT directors from 18 courts, followed by triangulation to official documents from the audit courts, such as audit manuals and activities reports. The audit quality drivers were identified within the governmental auditing literature, supporting the evidences collected by the interviews content analysis. Despite all regional auditing bodies in Brazil were based on the Napoleonic model, the analysis indicates the identified configurations vary according to the team’s organization and size, auditor rotation and use of data reporting systems. The discussion shows that dissimilarities on the courts’ configurations, as they are responsible to audit a specific country area, will contribute to a different coercion level on fiscal and accounting issues to state and municipalities, due a combination of characteristics which could mitigate or improve the audit quality. This paper additionally suggests some precautions, based on the organization alignment literature, for the use of proxies to control audit quality effects in the public finance studies in Brazil.

Opteren voor de Netherlands Commercial Court

OpenAIRE

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

2017-01-01

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

Regional Courts as Judicial Brakes?

Directory of Open Access Journals (Sweden)

Metcalf Katrin Nyman

2017-12-01

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

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

OpenAIRE

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

2016-01-01

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

National Courts and EU Law

DEFF Research Database (Denmark)

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

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

NARCIS (Netherlands)

Strootman, R.

2007-01-01

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

Editorial Coverage of Reagan Supreme Court Nominees.

Science.gov (United States)

Hale, F. Dennis

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

78 FR 14017 - Courts of Indian Offenses

Science.gov (United States)

2013-03-04

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

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

Directory of Open Access Journals (Sweden)

Cvetić Radenka M.

2015-01-01

Full Text Available Through the review of the principle of entry and the principle of reliability in the Real Estate Cadastre and their reach in our court practice, this article indicates the indispensability of compliance with these principles for the sake of legal certainty. A formidable and a complex role of the court when applying law in order to rightfully resolve an individual case has been underlined. Having regard to the accountability of the courts for the efficacy of the legal system, without any intention to disavow the court practice, some deficiencies have been pointed out, with the aim to help. An abstract manner of legal norms necessarily requires a creative role of courts in cases which cannot be easily qualified. For that reason certain deviations ought to be made followed by reasoning which unambiguously leads to the conclusion that only a specific decision which the court rendered is possible and just.

Reference to Foreign Law in the Supreme Courts of Britain and the Netherlands: Explaining the Development of Judicial Practices

Directory of Open Access Journals (Sweden)

Elaine Mak

2012-05-01

Full Text Available How do judges decide cases in a globalised legal context, characterised by the increased interconnections between legal systems and between actors in these legal systems? In this article, firstly, four types of variables (constitutional, institutional, organisational, and personal which influence judicial practices are described, and it is shown how these variables shape the judicial decision-making of the highest courts in liberal-democratic legal systems. Secondly, the specific development of the use of foreign law in the Supreme Courts of the UK and the Netherlands is analysed in light of the identified variables. In this way, some general insights are provided into the development of judicial decision-making under the effects of globalisation, and it is made clear what the national highest courts can and may do in the specific context in which they are functioning.

[Cochlear implants in the social courts].

Science.gov (United States)

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

2018-02-01

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

Sociomateriality at the Royal Court of IS

DEFF Research Database (Denmark)

Kautz, Karlheinz; Jensen, Tina Blegind

2013-01-01

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

What Defines an International Criminal Court?

DEFF Research Database (Denmark)

Kjeldgaard-Pedersen, Astrid

2015-01-01

that only criminal tribunals deriving their authority from international law should be labelled ‘international’, while the term ‘national criminal court’ should apply to tribunals set up under national law. This terminology would underline that issues concerning jurisdiction and applicable law must......Since the post-World War II tribunals, only few scholars have attempted to draw a definitional distinction between international and national criminal courts. Remarkable exceptions include Robert Woetzel, who in 1962 categorized criminal courts according to ‘the involvement of the international...... that ‘the involvement of the international community’ is at best an unhelpful criterion when it comes to resolving questions, e.g. regarding the immunity of state officials and the relevance of domestic law, that require a determination of the legal system in which the court operates. Instead, it is argued...

Jurisdiction of the international Criminal Court: Analysis, loopholes ...

African Journals Online (AJOL)

Jurisdiction of the international Criminal Court: Analysis, loopholes and challenges. ... Journal Home > Vol 3 (2012) > ... One of the most fundamental questions of law is whether a given court has jurisdiction to preside over a given case.

The Constitutional Court and the Imperative of its Reform

Directory of Open Access Journals (Sweden)

Claudia Gilia

2012-12-01

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

Activist Infighting among Courts and Breakdown of Mutual Trust?

DEFF Research Database (Denmark)

Neergaard, Ulla; Sørensen, Karsten Engsig

2017-01-01

had itself created it out of nowhere. In turn this appeared to be an implicit reference to the widely criticized interpretative approach of the CJEU, resulting in a far-reaching willingness to espouse judicial activism. But in acting as it did, it seems ironic that the Danish Supreme Court itself......, in this article the judgments are analysed in depth and placed into their wider context. Among other matters, we have considered how the courts should strike a sensitive balance, which has to exist in the relationship between the national courts and the CJEU, requiring mutual trust or, at the least, judicial......In its combative Ajos judgment recently rendered by the Danish Supreme Court, the court openly and controversially challenged the authority of the CJEU. By the same token, in the preliminary ruling by the CJEU preceding it, the CJEU had continued to develop the controversial general principle...

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

Science.gov (United States)

1997-02-21

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

UK: Welsh court reduces sentence, cites HIV status.

Science.gov (United States)

Marceau, Emmanuelle

2003-08-01

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

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

Science.gov (United States)

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

2012-04-01

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

Court Cases Involving Contracts for School Districts

Science.gov (United States)

Allen, L. Hank

2011-01-01

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

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

Directory of Open Access Journals (Sweden)

Dragan Elijaš

2016-01-01

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

First experience of programming a court decision

Directory of Open Access Journals (Sweden)

Sergey B. Polyakov

2017-06-01

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

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

International Nuclear Information System (INIS)

Anon.

1983-01-01

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

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

Directory of Open Access Journals (Sweden)

Pamela D. Schutz

2013-02-01

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

Court supervised institutional transformation in South Africa ...

African Journals Online (AJOL)

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

Enrollment in mental health courts: voluntariness, knowingness, and adjudicative competence.

Science.gov (United States)

Redlich, Allison D; Hoover, Steven; Summers, Alicia; Steadman, Henry J

2010-04-01

Mental health courts (MHCs) are rapidly expanding as a form of diversion from jails and prisons for persons with mental illness charged with crimes. Although intended to be voluntary, little is known about this aspect of the courts. We examined perceptions of voluntariness, and levels of knowingness and legal competence among 200 newly enrolled clients of MHCs at two courts. Although most clients claimed to have chosen to enroll, at the same time, most claimed not to have been told the court was voluntary or told of the requirements prior to entering. The majority knew the "basics" of the courts, but fewer knew more nuanced information. A minority also were found to have impairments in legal competence. Implications are discussed.

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

International Nuclear Information System (INIS)

Anon.

1984-01-01

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

Court Culture during the Reign of Christian IV

DEFF Research Database (Denmark)

Olden-Jørgensen, Sebastian

2007-01-01

Court culture can be defined as a range of cultural forms (festival culture, painting, literature, music, architecture) employed for the enhancement of princely status and the communication of political messages. Christian IV evidently set great store on court culture beginning with his magnificent...

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

Directory of Open Access Journals (Sweden)

Сергій Володимирович Васильєв

2016-01-01

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

Federal Court of Administration confirms preclusion of objections

International Nuclear Information System (INIS)

1982-01-01

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

High School Food Courts: A New Evolution in Student Dining.

Science.gov (United States)

Beach, George

2000-01-01

Discusses how traditional high school cafeterias have changed in recent years into food courts and dining areas usually found in shopping malls. Areas examined include food court design, traffic patterns, safety and after-hours usage, and kitchens and serving areas. How one school district turned its food court system into a successful…

The relationship between administrative court control and legislative control

International Nuclear Information System (INIS)

Beckmann, M.

1986-01-01

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

Nuclear weapons and the World Court ruling

International Nuclear Information System (INIS)

Singh, J.

1998-01-01

based on the initiatives by non-governmental organizations, the World Health Organisation (WHO) Assembly asked the International Court of Justice for an advisory opinion in 1993 whether, considering the environmental and health consequences, the use of nuclear weapons by a state in war or other armed conflict would be a breach of its obligations under international law. The World Court decided that it was not able to give an advisory opinion as requested, because of the fact that questions of use of force and such like were beyond the scope of specialized agencies like the WHO. The Court has ruled that the international community, especially the five nuclear weapon states have not only an obligation to negotiate a treaty for total nuclear disarmament, but also have an obligation to conclude such treaty. We may expect that the nuclear weapon states will cynically disregard the ruling of the World Court as they have been doing to the basic obligation itself in pursuit of nuclear hegemony. But the remaining 150 countries or so also bear a responsibility to keep nudging the recalcitrant states into implementing their commitments to disarm

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

DEFF Research Database (Denmark)

Jacobsen, Bente

1999-01-01

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

Establishing an effective dialog between courts and agencies

NARCIS (Netherlands)

Humphery-Jenner, Mark L.

2013-01-01

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

Introduction. National Courts vis-à-vis EU Law

DEFF Research Database (Denmark)

Mayoral, Juan A.; Wind, Marlene

2016-01-01

National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour...

16 CFR 1502.44 - Review by the courts.

Science.gov (United States)

2010-01-01

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

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

Science.gov (United States)

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

2004-02-01

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

Psychotic Symptomatology in a Juvenile Court Clinic Population

Science.gov (United States)

Lewis, Dorothy Otnow; And Others

1973-01-01

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

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

Directory of Open Access Journals (Sweden)

Collins E. Ijoma

2012-06-01

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

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

Science.gov (United States)

2010-01-01

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

8 CFR 1003.46 - Protective orders, sealed submissions in Immigration Courts.

Science.gov (United States)

2010-01-01

... Immigration Courts. 1003.46 Section 1003.46 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Immigration Court-Rules of Procedure § 1003.46 Protective orders, sealed submissions in Immigration Courts. (a) Authority. In any...

Supreme Court Review

Science.gov (United States)

Williams, Charles F.

2009-01-01

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

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

International Nuclear Information System (INIS)

Anon.

1983-01-01

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

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

Science.gov (United States)

Wolff, Nancy; Fabrikant, Nicole; Belenko, Steven

2011-10-01

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

The International Criminal Court at the crossroads

Directory of Open Access Journals (Sweden)

Abdelwahab Biad

2010-05-01

Full Text Available Since the adoption of the Statute of Rome in July 1998, the ICC has been confronted by a number of problems. One such problem is the disagreement which persists among the members of the Assembly of Member States as to whether the crime of Aggression is one over which the Court has competence pursuant to Article 5 of the Statute. Another diffi culty is the opposition of the United States of America which, since the Bush Administration, has deployed a juridical arsenal with the aim of impeding any type of collaboration with the ICC; the tools in the arsenal include the American Service Members’ Protection Act and bilateral immunity agreements which prevent the transfer of American citizens to the Court by State members of the Rome Statute. The entry into force of the of the Statute on 1 July 2002 allowed the Court Prosecutor to initiate the fi rst investigations and processes for war crimes and crimes against humanity committed in the confl icts which have devastated certain African States (D.R.C., The Central African Republic and Uganda. The arrest warrant against the Sudanese President Omar Al Bashir for atrocities committed in Darfur demonstrates the limitations of action on the Court which cannot carry out its mandate without the cooperation of the States. Above all, the Court must confront the criticism of “double standards” and that it is an instrument of “justice for the poor”, while the “powerful” escape. The answers to these problems can be contributed to, in part, through the revision process foreseen by the Statute nine years after its entry into force.

The European Union Court of Justice after the Treaty of Lisbon

Directory of Open Access Journals (Sweden)

Radivojević Zoran

2016-01-01

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

Employers liability to the international criminal court

Directory of Open Access Journals (Sweden)

Yenifer Yiseth Suárez Díaz

2014-01-01

Full Text Available The constant changes in the social dynamics due to economic and technological development has brought along the need to dispose of a High Court, with competence over International Crimes. The above was the reason to establish the International Criminal Court, destined to prosecute and punish the maximum responsible for crimes of its jurisdiction. Nonetheless, despite the existence of individual criminal responsibility as an accomplice in the case of entrepreneurs who contribute to the crime, there is not an actual investigation or conviction as such in the Court fase for those individuals. Through a criminological study, the actions in the frame of the criminal policy in international law, in order to hold individual criminal responsibility towards entrepreneurs for international crimes, will be evaluated, from the dogmatic categories established in the international guidelines as well as from international doctrine.

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

Science.gov (United States)

2010-01-01

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

Sources of International Courts' Legitimacy: A comparative study

DEFF Research Database (Denmark)

Godzimirska, Zuzanna; Creamer, Cosette

Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine the reas......Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine...... of supply-side factors— the features, roles and practices of a court—in assessing its legitimacy, we argue that demand-side factors—namely the characteristics of the evaluating state—also largely determine the sources of an IC’s legitimacy. To support and illustrate this argument, we examine statements...... of members on the operation of three ICs with different institutional designs and roles: the International Court of Justice, the International Criminal Court, and the Appellate Body of the World Trade Organization. We employ supervised learning methods of text classification to identify statements...

H:q ratios and bilateral leg strength in college field and court sports players.

Science.gov (United States)

Cheung, Roy T H; Smith, Andrew W; Wong, Del P

2012-06-01

One of the key components in sports injury prevention is the identification of imbalances in leg muscle strength. However, different leg muscle characteristics may occur in large playing area (field) sports and small playing area (court) sports, which should be considered in regular injury prevention assessment. This study examined the isokinetic hamstrings-to-quadriceps (H:Q) ratio and bilateral leg strength balance in 40 male college (age: 23.4 ± 2.5 yrs) team sport players (field sport = 23, soccer players; court sport = 17, volleyball and basketball players). Five repetitions of maximal knee concentric flexion and concentric extension were performed on an isokinetic dynamometer at two speeds (slow: 60°·s(-1) and fast: 300°·s(-1)) with 3 minutes rest between tests. Both legs were measured in counterbalanced order with the dominant leg being determined as the leg used to kick a ball. The highest concentric peak torque values (Nm) of the hamstrings and quadriceps of each leg were analyzed after body mass normalization (Nm·kg(-1)). Court sport players showed significantly weaker dominant leg hamstrings muscles at both contraction speeds (P Sport-specific leg muscle strength was evident in college players from field and court sports. These results suggest the need for different muscle strength training and rehabilitation protocols for college players according to the musculature requirements in their respective sports.

Court Administrators and the Judiciary — Partners in the Delivery of Justice

Directory of Open Access Journals (Sweden)

Wayne Stewart Martin

2014-12-01

Full Text Available This article examines several topics relating to the administration and governance of courts in democratic societies.  It includes a summary of the development of court administration as a profession, highlighting Australia and the United States.  The summary includes a discussion of how judges and court administrators must work together and coordinate their efforts in key areas of court administration and management.  The article also reviews separation of powers issues, highlighting the problems that emerge in systems in which oversight and administration of the courts is vested in the executive branch or power of government, most commonly in a justice ministry.  It reviews the practical advantages of having courts governed and managed through institutional mechanisms within the judicial power rather than the executive power.

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

Directory of Open Access Journals (Sweden)

Romana Reva

2016-04-01

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

The Modernization of the Audit Courts of Brazil: PROMOEX deployment assessment in Audit Courts subnational

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Diones Gomes da Rocha

2017-09-01

Full Text Available Mainly since the Brazilian Federal Constitution of 1988, the Brazilian Courts of Accounts (TC had expanded its expertise to carry out the control of management of public entities on different perspectives, such as operational, accounting, budgetary and financial. The differences between these institutions in terms of economic, technological and human resources were factors that made it difficult to adapt these institutions to the new acquired competences. The Promoex then emerged as a solution for modernization of Brazilian subnational Courts of Accounts. Such solution had funds of US $ 64.4 million dollars. The purpose of this research, therefore, is to assess the implementation of this program by 33 TCs. The evaluation was conducted from documents collected from web pages of MPOG, ATRICON, IRB and the Portal of Brazil Courts of Accounts. The Loan Agreement 1628-OC / BR, Object Compliance Report, Progress Reports of the 1st and 2nd semesters of 2013 (final report, and surveys conducted by the FIA and FGV also were scrutinized. The results indicate that the Promoex was less than expected; the modernization proposals were more focused on solving administrative problems, as well as by the low impact of Promoex over the actions developed by the TCs.

IsTeen Court effective for repeat offenders? A test of the restorative justice approach.

Science.gov (United States)

Forgays, Deborah Kirby; DeMilio, Lisa

2005-02-01

Teen Courts are an effective judicial alternative for many youth offenders. The majority of youth courts deal solely with first-time offenders. However, repeat offenders are at a greater risk for future crime. Is Teen Court effective with more experienced offenders? In this study, the authors examine the outcomes of 26 Whatcom County Teen Court offenders with at least one prior conviction. The sentence completion rate was higher and the recidivism was lower for the Teen Court offenders when compared with a sample of first-time Court Diversion offenders. This objective evidence of program success is augmented by an offender's perspective on his or her court experience. These perspectives as well as the continued voluntary involvement with Teen Court are discussed in relation to empowerment theory.

The courts in Renaissance Italy

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Beatrice Del Bo

2011-09-01

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

legal pluralism, sharia courts, and constitutional issues in ethiopia

African Journals Online (AJOL)

eliasn

of sharia courts. These laws include the Proclamation to Consolidate Federal. Courts of ... This is found in the statement of the Prophet: 'leave the ...... some support (which may be financial or enforcement).81 To this end, the state may, as in ...

The European Court of Human Rights, Secular Education and Public Schooling

Science.gov (United States)

Arthur, James; Holdsworth, Michael

2012-01-01

Since 9/11 the European Court of Human Rights (the European Court) has raised anew the question of the relationship between religion and public education. In its reasoning, the European Court has had to consider competing normative accounts of the secular, either to accept or deny claims to religious liberty within Europe's public education…

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

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Radivojević Zoran

2014-01-01

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

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

National Research Council Canada - National Science Library

Baldrate, Brian C

2005-01-01

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

Treatment as Part of Drug Court: The Impact on Graduation Rates

Science.gov (United States)

Taxman, Faye S.; Bouffard, Jeffrey A.

2005-01-01

Drug treatment is one of the critical components of drug court programming, yet it has not been thoroughly studied in the drug court literature. Very little is understood about the nature of drug treatment services provided in the drug court setting. The purpose of this study was to examine the effects of selected treatment variables on drug court…

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

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Kristin Hero

2011-12-01

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

Finding Vredo: the Dutch Supreme Court decision on escitalopram

NARCIS (Netherlands)

Tsoutsanis, A.

2014-01-01

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

Mandatory appearances of forensic examiner for cross-examination in court and related systemic improvement under china's criminal procedure

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Jianye Qu

2017-01-01

Full Text Available In China's criminal procedure system, forensic advice is one of the key types of evidence. These advices play an important part in discovering the facts of a case, convictions, and sentencing, and they cannot be ignored in assessments of guilt and the death penalty. However, due to broad and flexible criminal laws, in actual litigation, the nonappearance of forensic examiner or mere provision of documentation of advice read in court has become the norm. This has led to the existence in name only of cross-examination rights, which directly damages the legitimate rights and interests of the parties and the objective and impartial rulings of referees. At present, there is no legal clarity in criminal proceedings that examiner should or should not be examined in court. In my opinion, the entire court system should require an appearance in court, which must be a clear mandatory appearance with specific exceptions. The system should guarantee the forensic examiner' mandatory appearances, which would inevitably improve the rules of evidence.

Reviewing the National Courts in Creating Orderly International Law and Community

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Johanis Leatemia

2017-08-01

Full Text Available Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.

USTC & TBA Guidelines for Tennis Court & Running Track Construction.

Science.gov (United States)

United States Tennis Court & Track Builders Association.

Guidelines are presented on tennis court and track and field construction that reflect the latest developments in construction technology, methodology, and practice. Based on contributions from experienced certified tennis court and track builders, material suppliers and design professionals, this manual examines each of the critical areas of…

Abused and Neglected Children in Court: Knowledge and Attitudes

Science.gov (United States)

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

2010-01-01

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

20 CFR 405.515 - Application of circuit court law.

Science.gov (United States)

2010-04-01

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

16 CFR 1.62 - Ancillary court orders pending review.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Ancillary court orders pending review. 1.62 Section 1.62 Commercial Practices FEDERAL TRADE COMMISSION ORGANIZATION, PROCEDURES AND RULES OF PRACTICE GENERAL PROCEDURES Injunctive and Condemnation Proceedings § 1.62 Ancillary court orders pending review...

Good Faith in Life Insurance Contract by Indonesian Court

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Mokhamad Khoirul Huda

2017-03-01

Full Text Available This paper reviews both the interpretation of good faith and its implementation by the Court in terms of life insurance contracts. The principle of good faith in life insurance contracts was under the provision of the Article 251 Wet Boek van Kophandel which assigned the obligation of good faith on the insured. Based on the context of its historical and systematical interpretation, the obligation of good faith should be on both sides, the insurer and the insured. The insured had an obligation to inform any material facts and the insurer had to investigate those all facts. Until recent days, however, judges in all levels of Court did not have any shared and full understanding on the interpretation of good faith in life insurance contracts. As the result, many Courts were frequently inconsistent with each other. Hence, the sense of fairness the people perceived from the court verdict was not achieved.

The Control of Environment Management Through Administrative Court

Science.gov (United States)

Putrijanti, Aju

2018-02-01

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

Compensation in Indian courts: Appropriate for environmental catastrophies

International Nuclear Information System (INIS)

Bongaerts, J.C.; Heinrichs, D.

1985-01-01

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

Choice of Court Clauses and Lis Pendens under Brussels I Regulation

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Ekaterina Ivanova

2010-08-01

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

Choice of Court Clauses and Lis Pendens under Brussels I Regulation

Directory of Open Access Journals (Sweden)

Ekaterina Ivanova

2010-08-01

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

The Interactive Effects of Antisocial Personality Disorder and Court-Mandated Status on Substance Abuse Treatment Dropout

Science.gov (United States)

Daughters, Stacey B.; Stipelman, Brooke A.; Sargeant, Marsha N.; Schuster, Randi; Bornovalova, Marina A.; Lejuez, C.W.

2013-01-01

The present study sought to examine the interactive effects of court-mandated (CM) treatment and antisocial personality disorder (ASPD) on treatment dropout among 236 inner-city male substance users receiving residential substance abuse treatment through a pretrial release to treatment program. Of the 236 participants, 39.4% (n = 93) met criteria for ASPD and 72.5 % (n = 171) were mandated to treatment by the court system. Results indicated a significant interaction between ASPD and CM status, such that ASPD patients voluntarily receiving treatment were significantly more likely to drop out of treatment than each of the other groups. Subsequent discrete-time survival analyses to predict days until dropout using Cox proportional hazards regression indicated similar findings, with ASPD patients voluntarily receiving treatment completing fewer days of treatment than each of the other groups. These findings suggest the effectiveness of the court system in retaining ASPD patients, as well as the role of ASPD in predicting treatment dropout for individuals who are voluntarily in treatment. Implications are discussed including the potential value of early implementation of specialized interventions aimed at improving adherence for ASPD patients who are receiving treatment voluntarily. PMID:17869050

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

Science.gov (United States)

McQuoid-Mason, David J

2017-04-25

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

Proceedings with participation of foreign persons in international procedural law of Russia and Kazakhstan

OpenAIRE

Natalia Erpyleva

2013-01-01

This article is dedicated to one of the most interesting aspects of International Procedural Law – litigation with participation of foreign persons. Author focused on a comparative analysis of Russian and Kazakh legislation concerning the regulation of international procedural relations. Article includes two paragraphs: the first one considers international jurisdiction of Russian arbitrazh courts and Kazakh economic courts on commercial matters; the second one examines the recognition and en...

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

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Mateus de Oliveira Fornasier

2017-08-01

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

Court Appointed Volunteers for Abused and Neglected Children.

Science.gov (United States)

Justin, Renate G.

2002-02-01

A court appointed special advocate (CASA) volunteer is a trained citizen who is appointed by a judge to represent the best interests of an abused and neglected child in court. An independent voice, the volunteer gathers information and reports to the court. The CASA volunteer works in close cooperation with other professionals, physicians, lawyers, social workers, and teachers to find the most suitable permanent placement for a victimized child, whether it be a foster home, parental home, or adoptive home. Another function for CASA volunteers is to be supportive to the child during a time of uncertainty in his or her life and to help the youngster adjust to new and changing situations; the CASA volunteer may be the only consistent adult presence during this difficult period of transition.

8 CFR 337.8 - Oath administered by the courts.

Science.gov (United States)

2010-01-01

... Form N-646, that the applicant has been determined by the Attorney General to be eligible for admission... ALLEGIANCE § 337.8 Oath administered by the courts. (a) Notification of election. An applicant for... election to have the oath of allegiance administered in an appropriate court having jurisdiction over the...

19 CFR 176.11 - Transmission of records to Court of International Trade.

Science.gov (United States)

2010-04-01

... SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED) PROCEEDINGS IN THE COURT OF INTERNATIONAL TRADE Transmission of Records § 176.11 Transmission of records to Court of International Trade. Upon receipt of service of a summons in an action initiated in the Court of International Trade the following items shall...

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

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Hjalmar Punla Hernandez

2017-09-01

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

Unanimous Supreme Court finds for actions by whistleblowers

International Nuclear Information System (INIS)

Norris, J.E.

1990-01-01

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

Parent Group Training Programs in Juvenile Courts: A National Survey

Science.gov (United States)

Windell, James O.; Windell, Ellen A.

1977-01-01

This survey of juvenile courts across the country indicates that only one of five courts have a parent group program and few use procedures reported in the growing literature relating to changing the behavior of agressive children. (Author)

Anthropometric and Physical Fitness Differences Among Brazilian Adolescents who Practise Different Team Court Sports.

Science.gov (United States)

Silva, Diego Augusto Santos; Petroski, Edio Luiz; Gaya, Adroaldo Cesar Araujo

2013-03-01

The objective of this work was to compare the anthropometric and physical fitness characteristics of Brazilian adolescents who practise team court sports and to compare specific parameters obtained for adolescents with data from the general population. This was a cross-sectional study of 1,348 male adolescents grouped as follows: basketball players (n = 287), indoor soccer players (n = 665), handball players (n = 108) and volleyball players (n = 288), all between 10 and 14 years of age. Anthropometric (body mass, body height, arm span, and body mass index) and physical fitness data (flexibility, muscular strength, explosive power, speed, aerobic fitness and agility) were collected. The Brazilian population was used as a reference and compared to the adolescent subjects using Z scores for all variables. Anthropometric characteristics and performances in physical fitness tests differed (psports. In addition, for each variable assessed, adolescents who practised team court sports showed similar or improved results compared to their counterparts in the general population (pcharacteristics differed depending on the team court sport practised. These findings may elucidate which physical abilities are most impacted by the practise of a particular team sport as well as help teachers and physical education and sport professionals identify talented adolescents.

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

Science.gov (United States)

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

2009-04-01

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

On appointment of Courts presidents - some open questions

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Mijo Galiot

2014-01-01

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

Questions of legal responsibility for Srebrenica before the Dutch courts

NARCIS (Netherlands)

Spijkers, Otto

This contribution provides an overview of the litigation in the Dutch civil and criminal courts concerning the Srebrenica massacre. The author maps out the Dutch courts' divergent approaches to immunity of United Nations peacekeepers, state responsibility and individual criminal responsibility for

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

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

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

The Constitutional Court Adjudication and Its Implications for the Justice Seekers

OpenAIRE

Sutiyoso, Bambang

2008-01-01

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

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

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Cristian JURA

2014-05-01

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

Assisted Reproduction and the Courts: The Case of California

Science.gov (United States)

Maule, Linda S.; Schmid, Karen

2006-01-01

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

28 ATTITUDE OF NIGERIAN COURTS TO THE ENFORCEMENT OF ...

African Journals Online (AJOL)

Fr. Ikenga

Both the 1958 Ordinance and the 1990 Act stipulate the time period within which a foreign judgment may be registered in Nigeria. Section 3(1) of the 1958 Ordinance provides that where a judgment has been obtained in the High Court in England or Ireland, or in the Court of Session in Scotland, the judgment creditor may ...

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

Directory of Open Access Journals (Sweden)

David J McQuoid-Mason

2017-05-01

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

DISPARITY OF PUNISHMENT AT THE COURT OF THE CRIME OF CORRUPTION

Directory of Open Access Journals (Sweden)

Arifuddin -

2015-07-01

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

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

Directory of Open Access Journals (Sweden)

Jui-hung Tu

2010-03-01

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

ACCESS TO JUSTICE AND THE INSTITUTIONAL LIMITS OF INDEPENDENT COURTS

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Micah B. Rankin

2012-02-01

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

An all-encompassing study of an authentic court setting

DEFF Research Database (Denmark)

Christensen, Tina Paulsen

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

Court-Annexed Mediation Practice in Malaysia: What the Future Holds

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Choong Yeow Choy

2017-03-01

Full Text Available It is an indubitable fact that the use of mediation as a form of dispute resolution process has gained traction across the globe. More importantly, the practice of mediation has also been transformed through the establishment of several techniques for formalised mediation. This article will provide insights into one of these avenues for formalised mediation, namely, court-annexed mediation practice in Malaysia. It will first discuss the motivations that led to the introduction of such a programme. This will be followed by an analysis of the operational aspects of the practice. A matter of utmost importance concerns the role of the courts and the judiciary in court-annexed mediation and this aspect is considered in considerable detail. This article will then offer suggestions on how some of the challenges that exist and are inherent in this particular method of formalised mediation could be overcome. These views are expressed with the hope that court-annexed mediation can function as an effective alternative dispute resolution mechanism under the umbrella of the Malaysian courts. Last but not least, it is also hoped that the above deliberations will be a catalyst for further comparative research and debates concerning this increasingly imperative form of formalised mediation process across all jurisdictions.

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

Science.gov (United States)

Schmidt, Peter

2012-01-01

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

Judicial Separation and Divorce in the Circuit Court

OpenAIRE

O'Shea, Roisin

2014-01-01

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

National Court Remand Activity Data Collection

Data.gov (United States)

Social Security Administration — This dataset creates a collection of reports for the national total of court remand receipts, dispositions, and pending cases at the Office of Hearings Operations...

Proximity to Sports Facilities and Sports Participation for Adolescents in Germany

Science.gov (United States)

Reimers, Anne K.; Wagner, Matthias; Alvanides, Seraphim; Steinmayr, Andreas; Reiner, Miriam; Schmidt, Steffen; Woll, Alexander

2014-01-01

Objectives To assess the relationship between proximity to specific sports facilities and participation in the corresponding sports activities for adolescents in Germany. Methods A sample of 1,768 adolescents aged 11–17 years old and living in 161 German communities was examined. Distances to the nearest sports facilities were calculated as an indicator of proximity to sports facilities using Geographic Information Systems (GIS). Participation in specific leisure-time sports activities in sports clubs was assessed using a self-report questionnaire and individual-level socio-demographic variables were derived from a parent questionnaire. Community-level socio-demographics as covariates were selected from the INKAR database, in particular from indicators and maps on land development. Logistic regression analyses were conducted to examine associations between proximity to the nearest sports facilities and participation in the corresponding sports activities. Results The logisitic regression analyses showed that girls residing longer distances from the nearest gym were less likely to engage in indoor sports activities; a significant interaction between distances to gyms and level of urbanization was identified. Decomposition of the interaction term showed that for adolescent girls living in rural areas participation in indoor sports activities was positively associated with gym proximity. Proximity to tennis courts and indoor pools was not associated with participation in tennis or water sports, respectively. Conclusions Improved proximity to gyms is likely to be more important for female adolescents living in rural areas. PMID:24675689

Proximity to sports facilities and sports participation for adolescents in Germany.

Directory of Open Access Journals (Sweden)

Anne K Reimers

Full Text Available To assess the relationship between proximity to specific sports facilities and participation in the corresponding sports activities for adolescents in Germany.A sample of 1,768 adolescents aged 11-17 years old and living in 161 German communities was examined. Distances to the nearest sports facilities were calculated as an indicator of proximity to sports facilities using Geographic Information Systems (GIS. Participation in specific leisure-time sports activities in sports clubs was assessed using a self-report questionnaire and individual-level socio-demographic variables were derived from a parent questionnaire. Community-level socio-demographics as covariates were selected from the INKAR database, in particular from indicators and maps on land development. Logistic regression analyses were conducted to examine associations between proximity to the nearest sports facilities and participation in the corresponding sports activities.The logistic regression analyses showed that girls residing longer distances from the nearest gym were less likely to engage in indoor sports activities; a significant interaction between distances to gyms and level of urbanization was identified. Decomposition of the interaction term showed that for adolescent girls living in rural areas participation in indoor sports activities was positively associated with gym proximity. Proximity to tennis courts and indoor pools was not associated with participation in tennis or water sports, respectively.Improved proximity to gyms is likely to be more important for female adolescents living in rural areas.

Reconciling industry operation requirements and public participation

International Nuclear Information System (INIS)

Wildgruber, O.H.

1993-01-01

It is beyond all doubt that our society needs to have public participation in important decision making processes. But the actual situation calls for more congruent procedures at least the OECD countries and emphasizes the need to clarify and cast into binding legislation quite a number of issues not yet addressed: the clear definition of acceptable residual risks, the validity of 'solved' issues (compare supreme Court decisions: a problem once clarified must not be raised again-which is quite a difference to issues raised in the public participation processes)

Congressional Authority Over the Federal Courts

National Research Council Canada - National Science Library

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

2005-01-01

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

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

Science.gov (United States)

Hastings, Kylie B

2014-02-01

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

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

OpenAIRE

Alba Betancourt, Ana

2016-01-01

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

Current Administrative court practice in the procedure of Public Procurement

Directory of Open Access Journals (Sweden)

Silvio Čović

2017-01-01

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

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

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Andi Mardiana

2015-06-01

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

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

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J. Michael Greenwood

2012-06-01

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

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

OpenAIRE

Mishra, Saurabh Kumar

2016-01-01

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

Multilingualism as a Principle of the EU Court of Justice

Directory of Open Access Journals (Sweden)

Karina Kh. Rekosh

2014-01-01

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

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

OpenAIRE

Andrea Lollini

2012-01-01

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 constitution...

Pragmatics in Court Interpreting: Additions

DEFF Research Database (Denmark)

Jacobsen, Bente

2003-01-01

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

Intercultural pragmatics and court interpreting

DEFF Research Database (Denmark)

Jacobsen, Bente

2008-01-01

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

National New Court Cases Data Collection

Data.gov (United States)

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

20 CFR 405.510 - Claims remanded by a Federal court.

Science.gov (United States)

2010-04-01

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

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

Directory of Open Access Journals (Sweden)

Iman Prihandono

2017-12-01

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

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

African Journals Online (AJOL)

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

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

Science.gov (United States)

2010-07-01

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

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

Science.gov (United States)

Carcasson, Martin; Aune, James Arnt

2003-01-01

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

New jurisdiction of the European Court of Justice in resolving monetary and fiscal disputes

Directory of Open Access Journals (Sweden)

Dimitrijević Marko

2016-01-01

Full Text Available The global financial crisis has caused the need for a stronger positioning of the European Court of Justice in the new model of economic governance in the European Union. The Jurisdiction of the European Court of Justice contributes in creating the optimal legal control mechanism of budget spending in the European monetary law and ensure maintenance of euro-zone fiscal framework. The role of the European Court of Justice in the EMU in earlier periods was secondary, but in times of crisis, it points to the growing need of Jurisdiction's extending in the field of monetary relations between member states and respect of convergence rules. Court's Jurisdiction in resolving of monetary and fiscal disputes is increasingly implemented in determining the legal nature of international agreements, whose ratio is economic stability, where the Judgments regarding complementarities of these legal documents with primary law provisions have the crucial impact on the future direction of national fiscal policies coordination. Although, the Court's Jurisdiction in this area is still underdeveloped and Judgments are often conditioned by pragmatism reasons, by development of credible macroeconomic dialogue between Court of Justice, European Central Bank and European Court of Auditors may establish conditions for fullfiling legal gaps in the performance of monetary and fiscal Jurisdiction of the Court.

Criminal Courts of Justice, Dublin

Directory of Open Access Journals (Sweden)

Jonathan Tooth

2012-04-01

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

Nuclear fuel tax in court

International Nuclear Information System (INIS)

Leidinger, Tobias

2014-01-01

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

Procedural Justice in Dutch Administrative Court Proceedings

Directory of Open Access Journals (Sweden)

André Verburg

2014-11-01

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

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

Directory of Open Access Journals (Sweden)

Salma Marija

2011-01-01

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

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

Science.gov (United States)

2011-03-04

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

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

National Research Council Canada - National Science Library

2002-01-01

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

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

NARCIS (Netherlands)

Knook, A.D.L.

2009-01-01

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

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

Science.gov (United States)

Stahl, Anne L.

2006-01-01

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

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

Directory of Open Access Journals (Sweden)

Kreća Milenko

2014-01-01

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

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

Science.gov (United States)

Bechtold, Jordan; Cauffman, Elizabeth

2014-04-01

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

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

African Journals Online (AJOL)

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

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

Science.gov (United States)

2010-07-01

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

K-12 Implications Seen in Some Cases before High Court

Science.gov (United States)

Walsh, Mark

2010-01-01

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

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

Science.gov (United States)

Greenlaw, Paul S.; Swanson, Austin D.

1994-01-01

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

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

International Nuclear Information System (INIS)

1978-01-01

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

Koblenz Higher Administrative Court reproaches complainants with abusing legal protection

International Nuclear Information System (INIS)

Anon.

1981-01-01

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

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

International Nuclear Information System (INIS)

Anon.

1983-01-01

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

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

Science.gov (United States)

Abeles, Norman

2010-11-01

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

California court says disability benefits do not preclude suit.

Science.gov (United States)

1998-05-01

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

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

Science.gov (United States)

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

2011-11-01

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

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

Science.gov (United States)

Levin, Betsy

1975-01-01

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

Freer markets, more court rulings?

NARCIS (Netherlands)

Hildebrand, Y.

2010-01-01

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

The Camera Comes to Court.

Science.gov (United States)

Floren, Leola

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

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

Energy Technology Data Exchange (ETDEWEB)

1984-01-01

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

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

Science.gov (United States)

2012-12-04

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

Rearrest and linkage to mental health services among clients of the Clark County mental health court program.

Science.gov (United States)

Herinckx, Heidi A; Swart, Sandra C; Ama, Shane M; Dolezal, Cheri D; King, Steve

2005-07-01

This study examined rearrest and linkage to mental health services among 368 misdemeanants with severe and persistent mental illness who were served by the Clark County Mental Health Court (MHC). This court, established in April 2000, is based on the concepts of therapeutic jurisprudence. This study addressed the following questions about the effectiveness of the Clark County MHC: Did MHC clients receive more comprehensive mental health services? Did the MHC successfully reduce recidivism? Were there any client or program characteristics associated with recidivism? A secondary analysis of use of mental health services and jail data for the MHC clients enrolled from April 2000 through April 2003 was conducted. The authors used a 12-month pre-post comparison design to determine whether MHC participants experienced reduced rearrest rates for new offenses, reduced probation violations, and increased mental health services 12 months postenrollment in the MHC compared with 12 months preenrollment. The overall crime rate for MHC participants was reduced 4.0 times one year postenrollment in the MHC compared with one year preenrollment. One year postenrollment, 54 percent of participants had no arrests, and probation violations were reduced by 62 percent. The most significant factor in determining the success of MHC participants was graduation status from the MHC, with graduates 3.7 times less likely to reoffend compared with nongraduates. The Clark County MHC successfully reduced rearrest rates for new criminal offenses and probation violations and provided the mental health support services to stabilize mental health consumers in the community.

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

Directory of Open Access Journals (Sweden)

Stojanović Dragan

2016-01-01

Full Text Available In a legal system based on the principle of the separation of powers, constitutional judicature is necessarily (given the nature of its social function at the intersection of law and politics. Thus, constitutional judiciary is required to preserve political neutrality, particularly in relation to political (legislative and executive authorities. The paper analyzes the principal issues pertaining to constitutional court interpretation, particularly in light of observing the principle of the separation of powers that the constitutional judiciary is bound to abide by and considering the role of the constitutional court as an institution standing at the intersection of law and politics. Every constitutional court is required to be politically neutral and independent from daily politics, which is the major factor in delineating not only the overall boundaries of the constitutional control of the normative framework but also in ensuring the independent and unbiased activity of the constitutional court in the process of interpreting the Constitution and the laws. The constitutional control function shall not be politicized, and it must be exercised only through legal reasoning. Consequently, in the process of constitutional interpretation, the Constitutional Court of Serbia has to develop and consistently pursue a doctrine of self-restraint, thus refraining from politically-driven assessment which is the exclusive duty of political authorities. A closer examination of the doctrine of self-restraint in recent constitutional practice shows that the most prominent elements of this doctrine are relatively new interpretative constructions and legal formulations of constitutional court, which reinforce not only the political neutrality of the constitutional judiciary but also its role as 'the negative legislator'. Yet, some of these constructions may be challenged because their excessive and often inadequate application has resulted in a kind of 'self

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

Directory of Open Access Journals (Sweden)

Roger Guimerà

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

Performance evaluation of court in construction claims settlement of litigation

Science.gov (United States)

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

2017-06-01

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

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

NARCIS (Netherlands)

A. Stadler (Astrid)

2013-01-01

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

Court Supervised Institutional Transformation in South Africa

Directory of Open Access Journals (Sweden)

Deon Erasmus

2015-12-01

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

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

International Nuclear Information System (INIS)

Anon.

1983-01-01

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

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

Directory of Open Access Journals (Sweden)

Taufiq Jati Murtaya

2018-01-01

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

DEVELOPMENTS IN THE CONSTITUTIONAL REVIEW. CONSTITUTIONAL COURT BETWEEN THE STATUS OF NEGATIVE LEGISLATOR AND THE STATUS OF POSITIVE CO-LEGISLATOR

Directory of Open Access Journals (Sweden)

Marieta Safta

2012-11-01

Full Text Available The study wants to emphasize that Constitutional Courts belonging to the European model depart from their traditional role as ”negative legislator” – which refers to the effect of their acts consisting in removal from the legal system of those rules contrary to the Basic Law -, becoming, to a certain extent, a ”positive legislator”. Official interpreters of the Constitution, Constitutional Courts assume, sometimes, a role of co-legislators, creating provisions they deduct from the Constitution - when controlling the absence of legislation or legislative omissions -, and revealing the content of constitutional and even infraconstitutional rules accordingly with the Constitution in their case-law, whose effects are nothing but specific forms of „impulse” or „coercion” of the legislator to proceed in a certain sense, and whose continuous development guides the evolution of the entire legal system. Case – law selected presents ways in which the Constitutional Court of Romania is associated to law-making activity. Without minimizing in any way its traditional role as "negative legislator", the study refers mainly to acts and situations that give expression to the creative role of the Constitutional Court of Romania.

PRINCIPLES OF THE SYSTEM OF "CUSTOMIZABLE” DEFENSE ON THE FULL BASKETBALL COURT

Directory of Open Access Journals (Sweden)

Pavle Rubin

2010-09-01

Full Text Available The problem of this work stems from the fact that the tactics (not just applications, but also to create the principles of basketball games and variants belongs to the domain experts of this sport (coaches, theorists, etc.. Every devising, selecting and applying specific tactics should satisfy two main objectives, to: be the greater surprise and provide adequate "response" to the opponent's tactics. The possibility of surprising opponent is primarily associated with the phase of defense, till firstly from an offense is expected to find and implement an adequate solution ("response". Prerequisite that this defense could be successfully adopted is that the players (they know, and they can play quality individual defense (one - on - one. Another prerequisite is that the basketball players fully adopted the principles of the system: zone pressing and "man to man" (variations of "pressing" on the full court. The defense in the foul court is, even more demanding because of the space that is defended, which allows players to adapt to the possible, at least the first time, adequate "response" on offense.

Circuit courts clash over HIV in the workplace.

Science.gov (United States)

1997-09-19

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

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

DEFF Research Database (Denmark)

Butler, Graham

2015-01-01

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

“'The Constitution means what the Supreme Court says it means’... But only when I want!” About how (not to work with precedents

Directory of Open Access Journals (Sweden)

Guilherme Gonçalves Alcântara

2017-03-01

Full Text Available A semiotic analysis of the arguments brought to light by the 9th Criminal Chamber of São Paulo’s Court of Appeal when compared to the paradigmatic judgments of the Supreme Court in criminal proceedings harvest, dealing specifically with the presumption of innocence and the individualization of punishment. We used the phenomenological method to bring to São Paulo judicial practice a hermeneutic constraint directed to judicial solipsism.

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

Directory of Open Access Journals (Sweden)

Carolina Anello

2014-03-01

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

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

Science.gov (United States)

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

2012-12-01

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

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

Directory of Open Access Journals (Sweden)

Jimly Asshiddiqie

2015-07-01

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

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

International Nuclear Information System (INIS)

Sellner, D.

1986-01-01

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

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

OpenAIRE

Mardiana, Andi; Darwis, Rizal

2015-01-01

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

A Statewide Examiniation of Mental Health Courts in Illinois: Program Characteristics and Operations

Directory of Open Access Journals (Sweden)

Arthur J. Lurigio

2015-07-01

Full Text Available This study represents the only broad-based, statewide evaluation of mental health courts (MHCs conducted to date.  Data were collected from 2010 to 2013 at each of the nine active MHC programs operating in Illinois at the start of the study. The purpose of the study was to compare and contrast the adjudicatory and supervisory models of each established Illinois MHC program by utilizing a variety of research methodologies. A four-year recidivism analysis of case-level data from three Illinois MHCs was also conducted. Illinois MHCs were largely characterized by the '10 essential elements of an MHC', such as voluntary participation, informed choice and hybrid team approaches to case manage clients. Results of the recidivism analysis suggest that MHCs compare favorably to other types of probation. Overall, findings revealed that Illinois MHCs are delivering services effectively and efficiently in a well-coordinated, client-centered team approach. Differences found among the MHCs are not evidence of significant variance from the model, and instead represent responsiveness to the unique culture of the court, the niche-filling character of the program, the expectations of the program stakeholders and the nature and extent of the local service environment.

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

NARCIS (Netherlands)

Breemen, V.

2014-01-01

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

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

NARCIS (Netherlands)

Langbroek, Philip; van der Linden - Smith, Tina

2014-01-01

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

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

Science.gov (United States)

Pereira, Daniel J; Kunin, Stephen G

2014-12-04

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

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

National Research Council Canada - National Science Library

Rutkus, Denis S

2007-01-01

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

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

NARCIS (Netherlands)

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

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

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

NARCIS (Netherlands)

Van Hees, Martin; Steunenberg, Bernard

2000-01-01

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

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

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Marius ANDREESCU

2014-05-01

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

Victimological aspects of court judgments

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Bačanović Oliver

2012-01-01

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

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

Science.gov (United States)

Freckelton, Ian

2013-09-01

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

Bacterial communities on food court tables and cleaning equipment in a shopping mall.

Science.gov (United States)

Dingsdag, S; Coleman, N V

2013-08-01

The food court at a shopping mall is a potential transfer point for pathogenic microbes, but to date, this environment has not been the subject of detailed molecular microbiological study. We used a combination of culture-based and culture-independent approaches to investigate the types and numbers of bacteria present on food court tables, and on a food court cleaning cloth. Bacteria were found at 10²-10⁵ c.f.u./m² on food court tables and 10¹⁰ c.f.u./m² on the cleaning cloth. Tag-pyrosequencing of amplified 16S rRNA genes revealed that the dominant bacterial types on the cleaning cloth were genera known to include pathogenic species (Stenotrophomonas, Aeromonas), and that these genera were also evident at lower levels on table surfaces, suggesting possible cross-contamination. The evidence suggests a public health threat is posed by bacteria in the food court, and that this may be due to cross-contamination between cleaning equipment and table surfaces.

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

Science.gov (United States)

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

2013-11-01

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

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

DEFF Research Database (Denmark)

Faeh, Andrea Beata

2015-01-01

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

The Universal Jurisdiction of South African Criminal Courts and Immunities of Foreign State Officials

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Evode

2015-12-01

Full Text Available Under the "complementarity" regime of the Rome Statute of the International Criminal Court (ICC, the jurisdiction of the ICC is secondary to the jurisdiction of domestic courts. States Parties, not the ICC, have the primary responsibility of investigating and prosecuting international crimes. The ICC acts only when States are "unable" or "unwilling" to prosecute. As a State Party, in order to give effect to the complementarity principle, South Africa enacted the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, which determines the modalities of prosecuting perpetrators of the crimes of genocide, crimes against humanity and war crimes in South African courts. The Implementation Act also provides that South African courts will have jurisdiction over these crimes not only when they are committed on the territory of South Africa but also when they are committed outside the Republic. By granting South African courts jurisdiction over a person who commits a crime outside the Republic when that person is later found on South African territory, without regard to that person's nationality or the nationality of the victims, the Implementation Act empowers South African courts with universal jurisdiction over international crimes. This paper seeks to determine whether and to what extent foreign State officials, such as foreign heads of State, heads of government and ministers of foreign affairs, can plead immunity when they are accused of international crimes before South African courts when exercising their universal jurisdiction in terms of the Implementation Act and in accordance with the complementarity regime of the Rome Statute. In other words, the article endeavours to determine whether international law rules regarding immunities of State officials may or may not limit the ability of South African courts to exercise universal jurisdiction over international crimes committed in foreign States.

Two Important Supreme Court Decisions Extending Gay Rights and Their Significance

DEFF Research Database (Denmark)

Ashbee, Edward

2013-01-01

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

Animal rights and environmemntal rights in Brazilian Supreme Court

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Fernando Cesar Costa Xavier

2018-01-01

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

Juvenile Courts. Creation and development

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Montserrat GONZÁLEZ FERNÁNDEZ

2013-11-01

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

Results with Open Court Reading.

Science.gov (United States)

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

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

A court-mandated workshop for adolescent children of divorcing parents: a program evaluation.

Science.gov (United States)

Young, D M

1980-01-01

This article provides a description and an empirical evaluation of a predivorce workshop established by the Family Court of Allen County, Indiana, for adolescent children (N = 48) of divorcing parents. Highlighted are the concerns of the adolescents, the approaches taken by the workshop staff, and the impact of the program on the participants. Viewpoints on the clinical, ethical, and legal issues involved in "required" predivorce counseling for adolescents are presented. The preventive nature of the program, its means of transforming initial resentment toward the workshop experience into positive feelings, and the implications for future practice and research are also discussed.

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

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Morgana Paiva Valim

2015-12-01

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

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

Science.gov (United States)

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

2010-01-01

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

Economic Evaluation of the Juvenile Drug Court/Reclaiming Futures (JDC/RF) Model.

Science.gov (United States)

McCollister, Kathryn; Baumer, Pamela; Davis, Monica; Greene, Alison; Stevens, Sally; Dennis, Michael

2018-07-01

Juvenile drug court (JDC) programs are an increasingly popular option for rehabilitating juvenile offenders with substance problems, but research has found inconsistent evidence regarding their effectiveness and economic impact. While assessing client outcomes such as reduced substance use and delinquency is necessary to gauge program effectiveness, a more comprehensive understanding of program success and sustainability can be attained by examining program costs and economic benefits. As part of the National Cross-Site Evaluation of JDC and Reclaiming Futures (RF), an economic analysis of five JDC/RF programs was conducted from a multisystem and multiagency perspective. The study highlights the direct and indirect costs of JDC/RF and the savings generated from reduced health problems, illegal activity, and missed school days. Results include the average (per participant) cost of JDC/RF, the total economic benefits per JDC/RF participant, and the net savings of JDC/RF relative to standard JDC.

Real-time data helps in court

International Nuclear Information System (INIS)

Houlahan, T.

2000-01-01

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

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

International Nuclear Information System (INIS)

2012-01-01

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

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

Science.gov (United States)

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

2018-01-01

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

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

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В. В. Надьон

2017-12-01

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

Swan Song for the Burger Court.

Science.gov (United States)

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

1986-01-01

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

Stage-by-stage licensing procedure, prevention of damage, control by administrative courts. Some comments on the Wyhl judgment of the Federal Administrative Court

International Nuclear Information System (INIS)

Sellner, D.

1986-01-01

The author discusses the three main items of the Wyhl judgment of the Federal Administrative Court, of December 19, 1985 - 7C65/82, which are likely to set trends. The judgment clarifies the function of the socalled preliminary approval of the concept and its delimitation to the preliminary partial licence. According to the judgment, the first is a licensing requirement in substantial law. Precaution for preventing damage according to sec. 7, sub-sec (2) No. 3 Atomic Energy Act is regarded by the Court not as a prevention of hazards, but as the obligation to take every precaution to prevent damage, i.e. types of damage have to be taken into account that cannot be excluded to develop to a real hazard or potential risk. The problem of extent of control by the administrative courts is solved by the approach based on the legal functions of competence and responsibility that are to be drawn from the principle of division of power. (HSCH) [de

European Court of Human Rights : Milisavljević v. Serbia

OpenAIRE

Voorhoof, Dirk

2017-01-01

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

A PLEADING IN FAVOUR OF THE CONSTITUTIONAL COURT

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Valentina BĂRBĂŢEANU

2016-05-01

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

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

Science.gov (United States)

2010-01-01

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

The Christian Nobles at the Court of Great Khan, as Described in Mediaeval European Sources

Czech Academy of Sciences Publication Activity Database

Liščák, Vladimír

2017-01-01

Roč. 5, č. 2 (2017), s. 276-289 ISSN 2308-152X Institutional support: RVO:68378009 Keywords : religion in mediaeval China * Yuan Dynasty China * Christianity in the Great Khan court * Franciscan missions * Christian Alan nobility * Western mediaeval sources Subject RIV: AB - History OBOR OECD: History (history of science and technology to be 6.3, history of specific sciences to be under the respective headings)

Participation of the citizen in the approval procedures for power stations

International Nuclear Information System (INIS)

Puettner, G.

1977-01-01

The author first deals with the causes, and the forms taken, of the trend towards more citizen participation. In detail he then deals with the complaint from an association as the most important cause of disagreement in citizen participation; also discussed are the disquiet under constitutional law concerning control of the administration by associations and courts instead of by the government, problems of the law protection system, and practical considerations. Finally he indicates reasonable possibilities of participation by associations, e.g. in relation to the provision of a particular site. (orig.) [de

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

International Nuclear Information System (INIS)

Anon.

1980-01-01

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

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

International Nuclear Information System (INIS)

Deppe, V.

1982-01-01

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

State court rejects estoppel in job accommodation case.

Science.gov (United States)

1997-07-25

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

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

International Nuclear Information System (INIS)

Bauser, M.A.

1996-01-01

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

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

Science.gov (United States)

Parmet, Wendy E

2016-12-01

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

The privileges and immunities of international organizations in domestic courts

CERN Document Server

2013-01-01

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

Courts and open spaces in the Late Helladic III Argolid

DEFF Research Database (Denmark)

Siennicka, Malgorzata

2015-01-01

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

Legitimacy of Constitutional Justice: Democracy, Constitutional Court and Theory Against Majority Interest

Directory of Open Access Journals (Sweden)

Thaminne Nathalia Cabral Moraes e Silva

2016-12-01

Full Text Available This article has as its theme the analysis of the separation of powers and the rule of democracy, in addition to the possibility of the Constitutional Court be composed of people appointed by the President of the Republic, not fulfilling the democratic rule, and make the control of constitutionality of laws, created through democratic process. Will be answered: the separation of powers obey the democratic rule? When the Legislature fails to fulfill its function of legislating, opens the opportunity for the Supreme Court, as the Constitutional Court that is, create, through judicial activism, silent rules? That injured the democratic rule?

Role and activities of courts in procedures of atomic energy laws

International Nuclear Information System (INIS)

Shiono, Hiroshi

1980-01-01

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

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

Directory of Open Access Journals (Sweden)

Tatyana I. Eremina

2014-12-01

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

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

Science.gov (United States)

McCarthy, William Osler

1979-01-01

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

Heinrich Schütz as European cultural agent at the Danish courts

DEFF Research Database (Denmark)

Moe, Bjarke

2011-01-01

that Schütz in his Danish engagement was far more than an esteemed composer. As cultural agent with contacts throughout Europe he played an important role in providing the Danish courts with desirable musicians and music. While staying in the Danish capital he extended his European network in a way so that he......Based on recent studies of sources linked to the musical milieus at the Danish courts, this article argues that Heinrich Schütz acted as European cultural agent in musical affairs while staying in Copenhagen. As Kapelmester at the Danish Court (1633-35 and 1642-44) he built up the chapel...... by engaging musicians from his own circles, e.g. members of the Saxon Hofkapelle as well as members of his own family. Both Danish Courts, the King's and the Prince-elect's, enjoyed his contacts with several European musical centres, from where he among other things purchased new music. The paper shows...

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

Science.gov (United States)

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

2006-01-01

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

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

International Nuclear Information System (INIS)

Anon.

1983-01-01

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

Behavioral Genetics in Criminal and Civil Courts.

Science.gov (United States)

Sabatello, Maya; Appelbaum, Paul S

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

Courts, Scheduled Damages, and Medical Malpractice Insurance

DEFF Research Database (Denmark)

Bertoli, Paola; Grembi, Veronica

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

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

Science.gov (United States)

Cozac, David

2009-12-01

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

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

Directory of Open Access Journals (Sweden)

Tatyana Mikhailovna Sekretareva

2015-06-01

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

ECHR and national constitutional courts

OpenAIRE

Nastić, Maja

2015-01-01

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

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

African Journals Online (AJOL)

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

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

Science.gov (United States)

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

2013-09-01

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

Dignity and the death penalty in the United States Supreme Court

OpenAIRE

Malkani, Bharat

2016-01-01

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

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

OpenAIRE

Finnegan, David Louis

2004-01-01

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

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

Science.gov (United States)

2010-01-01

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

Reforming of the Judicial System of Kosovo based on the Law no. 03/L-199 on Courts and its challenges

Directory of Open Access Journals (Sweden)

Dr.Sc. Azem Hajdari

2014-06-01

system. The method of analysis and synthesis has been applied to elaborate in detail specific articles of the Law on Courts, they were commented and in some cases concrete proposals have been given for solution, considered as advanced.

National constitutional courts in the European Constitutional Democracy

DEFF Research Database (Denmark)

Komárek, Jan

2014-01-01

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

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

International Nuclear Information System (INIS)

Anon.

1992-01-01

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

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

Science.gov (United States)

Sosin, Michael

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

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

Science.gov (United States)

Jacobson, Peter D; Tunick, Michael R

2007-01-01

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

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

Science.gov (United States)

Moncrieff, Abigail R

2012-09-01

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

KAJIAN YURIDIS TERHADAP CONTEMPT OF COURT DI DEPAN PENGADILAN (STUDI DI DEPAN PENGADILAN NEGERI MEDAN

Directory of Open Access Journals (Sweden)

Syarifah Masthura

2011-11-01

Full Text Available Pengertian Contempt Of Court adalah segala tindakan berbuat aktif atau tidak melakukan (fasif dilakuan oleh mereka yang berperkara atau pihak lain yang tidak terlibat yang cenderung mengganggu, mencampuri proses penyelenggaraan peradilan sehingga merendahkan martabat peradilan.Pengaturan mengenai tindak pidana terhadap peradilan Contempt Of Court di Indonesia dapat dilihat dari diundangkannya UU No 14 Tahun 1985 tentang Mahkamah Agung dan juga tersebar dalam beberapa pasal dalam KUHP. Fenomena dalam peradilan kita menunjukan Contempt Of Court terjadi hampir di setiap lembaga pengadilan. Kewibaan peradilan mengalami penurunan akibat perilaku tidak baik yang dilakukan oleh para pihak yang berperkara maupun juga dilakukan oleh aparat penegak hukum. Dalam penelitian ini akan mmengkaji pengaturan bentuk-bentuk Contempt Of Court di Indonesia, selanjutnya akan di teliti sebab-sebab terjadi Contempt Of Court di depan pengadilan dan bagaimana seharusnya penanggulan tindak pidana Contempt Of Court.Contempt Of Court terjadi di depan pengadilan disebabkan belum bekerjanya sistem hukum dengan  baik. Perilaku hukum dan budaya hukum yang dipengaruhi oleh sistem hukum yang diterapkan di Indonesia. Hukum modern di Indonesia diterima dan dijalankan sebagai suatu instansi baru yang yang didatangkan atau dipaksakan dari luar, yakni melalui kebijakan colonial Hindia Belanda. Aparat penegak hukum belum bekerja dengan baik untuk dapat menegakan hukum, terutama ketika sidang di pengadilan maka fungsi dan peran jaksa, advokat, dan hakim belum mencerminkan upaya  hukum yang maksimal. Budaya hukum masyarakat dalam euphoria reformasi menunjukan kurangnya penghargaan terhadap kewibawaan hukum. Hal ini diperparah dengan kekecewaan praktek pengadilan dan mafia peradilan.

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

Science.gov (United States)

Chakhvadze, B; Chakhvadze, G

2017-01-01

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

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

International Nuclear Information System (INIS)

Eyermann, E.

1986-01-01

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

Guantanamo Detainees: Habeas Corpus Challenges in Federal Court

National Research Council Canada - National Science Library

Elsea, Jennifer K; Thomas, Kenneth

2005-01-01

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

Shutdown of biogas plant by court ruling; Runterfahren

Energy Technology Data Exchange (ETDEWEB)

Bensmann, Martin; May, Hanne

2009-04-15

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

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

DEFF Research Database (Denmark)

Kjeldgaard-Pedersen, Astrid

2010-01-01

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

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

NARCIS (Netherlands)

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

2014-01-01

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

Push Characteristics in Wheelchair Court Sport Sprinting

NARCIS (Netherlands)

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

2016-01-01

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

Push characteristics in wheelchair court sport sprinting

NARCIS (Netherlands)

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

2016-01-01

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

Challenging international criminal tribunals before domestic courts

NARCIS (Netherlands)

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

2011-01-01

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

Court Upholds Confidentiality of Research Records/Data.

Science.gov (United States)

Florio, David H.

1980-01-01

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

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

Directory of Open Access Journals (Sweden)

F.L. Ted Morton

2015-04-01

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

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

Science.gov (United States)

2010-07-01

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

[On the competitiveness between parties in judicial proceedings with the participation of a forensic medical expert].

Science.gov (United States)

Topil'skaia, E V; Kadochnikov, D S; Makarov, I Iu; Pankratova, I V; Rakitin, V A

2011-01-01

The authors report the results of analysis of the rights of the participants in judicial proceedings (both the prosecution and the defense) to appoint and carry out forensic medical expertise in the course of the criminal court process.

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

Science.gov (United States)

Bouchard, Jessica; Wong, Jennifer S

2017-07-01

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

Testing of badminton specific endurance

DEFF Research Database (Denmark)

Madsen, Christian Møller; Højlyng, Mads; Nybo, Lars

2016-01-01

In the present study, a novel intermittent badminton endurance test (B-ENDURANCE) was developed and tested in elite (n=17) and skilled (n=9) badminton players as well as in age-matched physically active men (non-badminton players; n=8). In addition, B-ENDURANCE test-retest reproducibility...... was evaluated in nine badminton players.B-ENDURANCE is an incremental test where each level consists of repeated sequences of badminton specific actions towards the four corners on the court. The subject starts in the center of the court in front of a computer screen and within each sequence he must...... decreases until the subjects cannot follow the dictated tempo.B-ENDURANCE performance for elite players was better (Pbadminton players. In addition, B-ENDURANCE performance correlated (r=0.8; P

Sources of International Courts' Legitimacy: A comparative study

DEFF Research Database (Denmark)

Godzimirska, Zuzanna; Creamer, Cosette

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

Supreme Court Deals Blow to Student Journalists.

Science.gov (United States)

Gynn, Ann

1989-01-01

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

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

Science.gov (United States)

Macdonald, Gillian S

2016-06-01

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

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

Directory of Open Access Journals (Sweden)

Geeta Oberoi

2017-12-01

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

On the Right for Lawful Court in Investigation and Search Activities

Directory of Open Access Journals (Sweden)

Chechetin A. E.

2012-05-01

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

Aspects of the role of scientific-technical expert knowledge in administrative court procedures on licensing of large technical projects

International Nuclear Information System (INIS)

Wagner, H.

1983-01-01

On the basis of atomic energy law, the author explains some specific problems associated with the respective roles of experts (or expert bodies) and courts of law. In legal theory, it is comparatively easy to draw the line between the two functions, but in practice this delimination meets with difficulties. Finally, the author proposes to improve the definitions of the respective functions of experts (expert bodies) and courts of law in procedures dealing with permits of large technical facilities as follows: A highly qualified, independent body of experts in a technically representative composition lays down, in a binding way, the main elements of the safety standard of a specific plant or type of plant. The responsible administrative authority, after having examined all other legal conditions, grants the permit for that plant. There are no objections to such a model in the light either of aspects of constitutional law or of legal policy or constitutional policy, not are there any practical reasons against this approach. The only doubtful aspect is the present political feasibility. (orig.) [de

WOMEN, CRIME AND THE SECULAR COURT IN EIGHTEENTH CENTURY CLUJ

Directory of Open Access Journals (Sweden)

Andrea Fehér

2015-12-01

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

Challenges When Using Jurimetrics in Brazil—A Survey of Courts

Directory of Open Access Journals (Sweden)

Bruna Armonas Colombo

2017-10-01

Full Text Available Jurimetrics is the application of quantitative methods, usually statistics, to law. An important step to implement a jurimetric analysis is to extract raw data from courts and organize that data in a way that can be processed. Most of the raw data is unstructured and written in natural language, which stands as a challenge to Computer Science experts. As it requires expertise in law, statistics, and computer science, jurimetrics is a multidisciplinary field. When trying to implement a jurimetric system in Brazil, additional challenges were identified due to the heterogeneity of the different court systems, the lack of standards, and how the open data laws in Brazil are interpreted and implemented. In this article, we present a survey of Brazilian courts in terms of readiness to implement a jurimetric system. Analyzing a sample of data, we have found, in light of Brazil’s open data regulation, privacy issues and technical issues. Finally, we propose a roadmap that encompasses both technology and public policy to meet those challenges.

A History of Court and Commoner Clothing in Vietnam

Directory of Open Access Journals (Sweden)

Liam C. Kelley

2016-09-01

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

The New 2001-2002 Term. Supreme Court Roundup.

Science.gov (United States)

Williams, Charles F.

2001-01-01

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

The Legal Investigation Peculiarities in RF Constitutional Court

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Natal'ya V. Lebedeva

2012-11-01

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

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

Science.gov (United States)

2012-04-21

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

Evaluation of the rights of the child to participation in divorce/custody ...

African Journals Online (AJOL)

... proceedings is at the discretion of the court; award of custody in most cases are based on the testimony of the parents alone which may not be verified actually. In view of these findings, guidelines and measures to protect the best interest of the child and the legal right to child participation in custody matters are advocated.

Internal and External Dialogue: a Swedish Approach to Quality Work in Courts

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Marie B. Hagsgård

2014-12-01

Full Text Available When evaluation shows that a court is not delivering justice in the best possible way, change in the way a court operates can be hard to accomplish. One way is to engage all judges and staff in an internal and external dialogue about the way the court is functioning and how to improve it. When judges and staff are actively involved in evaluating the present situation, in analyzing, suggesting and implementing new measures and in evaluating the effects of those measures, improvements can be reached in the way the court operates in a range of areas. The deployment of such approach in a growing number of Swedish courts is an indicator of the success of the method.At present the majority of Swedish courts are involved in a broad external dialogue, where judges and staff attend meetings with prosecutors and lawyers and interview court users. The aim of the dialogue is to evaluate and improve information and treatment of parties and witnesses and the writing of intelligible judgments. Cuando una evaluación muestra que un tribunal no está administrando justicia de la mejor manera posible, puede ser difícil lograr cambiar la forma en que ese tribunal funciona. Una opción es involucrar a todos los jueces y personal en un diálogo interno y externo sobre el funcionamiento del tribunal y cómo se podría mejorar. Cuando los jueces y el personal participan activamente en la evaluación de la situación actual, analizando, sugiriendo y desarrollando nuevas medidas y evaluando los efectos de esas medidas, se pueden conseguir mejoras en la forma en la que el tribunal opera en diferentes áreas. El uso de este enfoque en un número creciente de tribunales suecos es un indicador del éxito del método.En la actualidad la mayoría de los tribunales suecos están involucrados en un amplio diálogo externo, en el que jueces y personal participan en reuniones con fiscales y abogados y se entrevistan con usuarios de los tribunales. El objetivo del diálogo es

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

Science.gov (United States)

Pinchevsky, Gillian M

2016-05-22

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

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

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Birmontienė Toma

2015-01-01

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

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

OpenAIRE

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

2012-01-01

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

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

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Đajić Sanja

2014-01-01

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

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

Science.gov (United States)

Freckelton, Ian

2013-01-01

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

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

OpenAIRE

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

2011-01-01

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

[Parental alienation syndrome (PAS): unknown in medical settings, endemic in courts].

Science.gov (United States)

Pignotti, Maria Serenella

2013-02-01

A purposed syndrome of so-called parental alienation (PAS), unsupported by any evidence-based data, unknown in medical settings, unquoted in medical books, absent in DSM and ICD, never demonstrated by controlled studies published in high scientific level journals, is rampant in Courts where it can lead to loose parental custody. During a divorce trial, almost always the mothers and the children, become joint in a sort of folie au deux, in a denigration campaign of ex-husband/father. From a review on this issue it seems evident its theoretical roots lie on a theory that justify gender violence and children sexual abuse. The bias that both of them are layers and that he children have not autonomy block their possibility of any defence in front of a Court. In severe cases, PAS becomes a new and efficient tool of intra-familiar violence. The treatment of severe cases is to stop any contact between mother and children. The resort to PAS in Courts must be strongly rejected.

Assisting the High Administrative Court in Restricting Too Broad a Concept of Academic Judgment.

Science.gov (United States)

Cardao-Pito, Tiago

2016-01-01

I have received substantial monetary compensation and a formal apology from my first doctoral school, and a Ph.D. from another university. This essay describes my personal view on discussing the boundaries of academic judgment and research supervision with the ombudsman agency for higher education, and at the High Administrative Court of England and Wales. The Court's judicial doctrine addresses substantial research accountability matters. It clarifies that although the Court and ombudsman agency must not interfere with academic judgment, not everything done by an academic can be considered as academic judgment. A Ph.D. supervisor can seriously fail to perform his/her duties.

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

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Gruodytė Edita

2016-12-01

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

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

African Journals Online (AJOL)

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

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

International Nuclear Information System (INIS)

Zining, Jin

2015-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

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

2015-11-15

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

Federal Administrative Court recognizes foreclosure of demurer in administrative proceedings, too

International Nuclear Information System (INIS)

Anon.

1980-01-01

In its decision of July 17, 1980, the Federal Administrative Court dismissed the appeal lodged by the community S. against the dismissal by the administrative court concerning the action to set aside the license granted for the Wyhl reactor. In doing so, and by giving full reasons, the effectiveness of the foreclosure of demurers in administrative proceedings has been recognized and the notion of demurer has been defined. The amount in litigation was fixed at 50000 DM for the proceedings of appeal. (HSCH) [de

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

Directory of Open Access Journals (Sweden)

Rafael Nieto Navia

2010-05-01

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

The Unified Patent Court (UPC) in Action

DEFF Research Database (Denmark)

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

2015-01-01

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

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

Science.gov (United States)

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

Design and implementation of a caustic flooding EOR pilot at Court Bakken heavy oil reservoir

Energy Technology Data Exchange (ETDEWEB)

Xie, J.; Chung, B.; Leung, L. [Society of Petroleum Engineers, Canadian Section, Calgary, AB (Canada)]|[Nexen Inc., Calgary, AB (Canada)

2008-10-15

Successful waterflooding has been ongoing since 1988 at the Court Bakken heavy oil field in west central Saskatchewan. There are currently 20 injectors and 28 active oil producers in the Court main unit which is owned by Nexen and Pengrowth. The Court pool has an estimated 103.8 mmbbl of original oil in place (OOIP), of which 24 per cent has been successfully recovered after 20 years of waterflooding. A high-level enhanced oil recovery (EOR) screening study was conducted to evaluate other EOR technologies for a heavy oil reservoir of this viscosity range (17 degrees API). Laboratory studies showed that caustic flooding may enhance oil recovery after waterflooding at the Court Bakken heavy oil pool. A single well test demonstrated that caustic injection effectively reduced residual oil saturation. A sector model reservoir simulation revealed that caustic flood could achieve 9 per cent incremental oil recovery in the pilot area. Following the promising laboratory results, a successful caustic flood pilot was implemented at Court heavy oil pool where the major challenges encountered were low reservoir pressure and water channeling. 6 refs., 2 tabs., 6 figs.

Performance Assessment in Courts - The Swiss Case

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Andreas Lienhard

2014-12-01

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

The Courts, Social Science, and School Desegregation.

Science.gov (United States)

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

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

Wind-induced Vibrations in the European Court Towers

DEFF Research Database (Denmark)

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

2012-01-01

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

The Institutional Strategy of Brazilian Supreme Court on the Legislative Process

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Fernando Bentes Bentes

2016-12-01

Full Text Available The Brazilian Federal Constitution established a framework of laws that allow for the Supreme Court to act over the social life and branches of the government. Nevertheless, the analysis of the federal legislative process by the strategic institutional approach demonstrates that the panorama among state departments is not asymmetric. In fact, the separation of powers game can create groups of scenarios that generate decisions based on the preference of individual judges, or that restrict the autonomy of the Court when criticism or external retaliations threaten its authority.

Appeals court reverses verdict favoring drug companies.

Science.gov (United States)

1995-06-02

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

[Psychiatry and criminology in Criminal Justice: Jury Trial Courts and Appellate Courts in the Federal District of Rio de Janeiro, during the 1930s].

Science.gov (United States)

Dias, Allister Andrew Teixeira

2015-01-01

As part of a research study on the 1930s and 1940s medical-criminological debate in Brazil, this research paper analyzes some of the uses and criticisms of arguments of a psychiatric and criminological nature, among certain jurists who carried out important work in the city of Rio de Janeiro during the 1930s. In this context, these magistrates, tended to have significant psychiatric and criminological knowledge, in spite of all the heterogeneity, plurality and differences in perspectives that existed among them. We selected two principal areas to conduct an analysis of the activities of these jurists: the Appellate Court of the Federal District of Rio de Janeiro and Jury Trial Courts.

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

Science.gov (United States)

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

2018-01-01

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

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

Science.gov (United States)

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

2018-01-01

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

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

Directory of Open Access Journals (Sweden)

О. П. Євсєєв

2015-05-01

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

Effects of 3 months of full-court and half-court street basketball training on health profile in untrained men

DEFF Research Database (Denmark)

Thomsen, Morten Bredsgaard Randers; Hagman, Marie von Ahnen; Brix, Jonathan

2018-01-01

Purpose: The aim of the present study was to investigate whether street basketball organized as 3 v 3 on either a half court (HC) with 1 basket or a full court (FC) with 2 baskets could improve fitness and health profiles of untrained men after 3 months of supervised training. Methods: Thirty.......5 ± 2.9 %HRmax in FC and HC, respectively. Results: The 3 months of street basketball training on an FC with 2 baskets increased maximal oxygen uptake (2.4 mL/min/kg (95% confidence interval (CI): 1.0-3.9)), time to exhaustion (47 s (95%CI: 26-67)), lean body mass (0.8 kg (95%CI: 0.1-1.5)), and bone...... (-0.9% (95%CI: -1.9 to -0.1)) were observed in this group. Conclusion: Three months of 3 v 3 street basketball training improved fitness and led to broad-spectrum improvements in variables related to overall health profile, with the most marked effects observed when playing on a FC with 2 baskets....

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

Directory of Open Access Journals (Sweden)

Wojciech Major

2015-01-01

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

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

Directory of Open Access Journals (Sweden)

Donika Plakolli

2017-03-01

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

8 CFR 1003.11 - Administrative control Immigration Courts.

Science.gov (United States)

2010-01-01

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

Supreme Court Upholds Cal. Law Requiring Maternity Leaves.

Science.gov (United States)

Fields, Cheryl M.

1987-01-01

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

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

Science.gov (United States)

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

2010-01-01

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

A Quiz on Recent Court Decisions Concerning Student Conduct.

Science.gov (United States)

Zirkel, Perry A.

1980-01-01

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

The reality of teenage driving: the results of a driving educational experience for teens in the juvenile court system.

Science.gov (United States)

Manno, Mariann; Maranda, Louise; Rook, Allison; Hirschfeld, Ryan; Hirsh, Michael

2012-10-01

In the United States, one third of all deaths in teens are a result of motor vehicle crashes, accounting for 6,000 deaths annually. Injury Free Coalition for Kids-Worcester in collaboration with Worcester Juvenile Court has developed an interactive program for first-time teenaged driving offenders, Reality Intensive Driver Education (Teen RIDE). This full-day program at the trauma center provides a realistic exposure to the consequences of risky driving behaviors. This article examined the driving offense recidivism rates for Teen RIDE participants versus a comparison group (CG). The intervention group (IG) consists of teenagers between 13 years and 17 years who have been arrested for the first time for a serious driving offense and are sentenced by a Worcester Juvenile Court Judge or Magistrate to the Teen RIDE program. They are required to attend the program as a condition of probation, so attendance is mandatory. Each participant in the IG completed the program and was tracked for driving reoffenses for 6 months after completion of the course. The CG consists of also first-time driving offenders. The CG was matched with the IG with respect to age (13-17 years), sex, and offense type. Springfield, Massachusetts, serves as the site for recruitment of the CG, since it is demographically similar to Worcester but 60 mi away. Students in the CG had no exposure to this program. Each CG member was also tracked for 6 months after arrest. The recidivism rate for Teen RIDE participants 6 months after the course is 6% with 0% reoffending more than once. The CG has a recidivism rate of 56% 6 months after the arrest and 14% have more than one reoffense. The CG is 13.062 (4.296-39.713) times more likely to reoffend, and this is significant (p Teen RIDE program provides an impactful exposure of the consequences of risky driving behaviors to teenaged participants. In addition, Teen RIDE participants are significantly less likely to reoffend after completion of the course

Participation des pays en développement au Projet international de ...

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

Participation des pays en développement au Projet international de code barre du vivant. Le code barre ADN est un nouvel outil de recherche taxinomique. Le code barre correspond à une très courte séquence standardisée de l'ADN d'un gène connu. Il s'agit d'un moyen sûr et moins compliqué que l'observation classique ...

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

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Aditya Wisnu Mulyadi

2015-07-01

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

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

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JM Pienaar

2011-06-01

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

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

Science.gov (United States)

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

2016-01-01

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

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

OpenAIRE

Kang, Taewook

2012-01-01

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

The family v. the family court: sterilisation issues.

Science.gov (United States)

Petersen, K

1992-06-01

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

Nuclear fuel tax in court; Kernbrennstoffsteuer vor Gericht

Energy Technology Data Exchange (ETDEWEB)

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

2014-07-15

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

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

Science.gov (United States)

Chong, Heap Yih; Low, Thuan Siang

2014-01-01

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

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

Science.gov (United States)

Lens, Vicki

2004-01-01

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

Jurisprudence by the European Court of Justice in the field of environment protection

International Nuclear Information System (INIS)

Lenz, C.O.

1993-01-01

The lecture gives a detailed overview of the jurisprudence by the European Court of Justice, especially of the legal and contractual basis of environment protection. It deals with the distribution of responsibilities, jurisprudence on water protection, clean air presevation, and disposal law. From a global viewpoint, the European Court of Justice can only give impulses, the implementation of concrete measures being the task of the politicians. (HSCH) [de

The social worker in family courts. Employability in Mazatlan, Sinaloa, México

Directory of Open Access Journals (Sweden)

Dra. María Esperanza Benítez-Cortés

2015-10-01

Full Text Available This article  deals with the analysis of the role that a social worker has in intervening in family courts. It investigates the effects of structural and functional aspects that have influenced the institutional and organizational scheme of the departments of social work and the value of the professionals who work at them. At the same time it attempts to demonstrate the importance of this intervention for the families who for various reasons may have conflicts. It argues that intervention should be taken upon with the theoretical and methodological support of the social worker with a command of legal concepts and practices related to the family’s problems and issues in family courts. The research reflection that is born from this critical analysis-  We reflect that the profession tries to propose a better integration of the social worker in the management and care of various conflicts affecting domestic life.Keywords:  social work, family courts, family,  conflict,  crisis, mediation, social assessment.

5 CFR 581.307 - Compliance with legal process requiring the payment of attorney fees, interest, and/or court costs.

Science.gov (United States)

2010-01-01

... the payment of attorney fees, interest, and/or court costs. 581.307 Section 581.307 Administrative... payment of attorney fees, interest, and/or court costs. Before complying with legal process that requires withholding for the payment of attorney fees, interest, and/or court costs, the governmental entity must...

The stormy waters of the International Criminal Court: universal fight against impunity or liberal universalization?

Directory of Open Access Journals (Sweden)

Mateus Kowalski

2014-05-01

Full Text Available The universalistic dimension of the International Criminal Court's (ICC nature and function is clear. Yet, this dimension must be thoroughly defined. We must ask ‘what universalism’? A rational approach to international social relations is different from an ethical one. While the rational approach may lead to universalization of localized specific moral models (e.g. the liberal Western model promoting its hegemony, the ethical approach promotes diversity through considering non-reducible differences and common human phenomena in which only a minimal common ethics is universal. This paper argues that the answer to this structural question is crucial to understand if the ICC is essentially a hegemonic tool to expand the predominant Western liberal model or rather a mechanism to fight impunity acknowledging diversity and rooted on an ethical concern. We contend that the ICC is immersed in troubled waters where it is not always possible to separate a universalizing Western liberal approach from an ethical universal approach. Nevertheless, we conclude that the Court, even if partially and at times serves as tool for hegemony, is essentially defined by the universalization of the fight against impunity through reference to a minimal common ethics.

20 CFR 1002.310 - How are fees and court costs charged or taxed in an action under USERRA?

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false How are fees and court costs charged or taxed... Enforcement of Rights and Benefits Against A State Or Private Employer § 1002.310 How are fees and court costs charged or taxed in an action under USERRA? No fees or court costs may be charged or taxed against an...

Original jurisdiction of the Superior Administrative Court for litigation on licensing of large-scale commercial plants

International Nuclear Information System (INIS)

Ule, C.H.

1983-01-01

Proceeding from the suggestion of the Bundesrat (Deutscher Bundestag, Document 9/1851) concerning the draft of Rules of the Administrative Courts (VwGO), according to which original jurisdiction of the Higher Administrative Court (OVG) is to be introducing legel actions concerning the licensing of large scale installations in the field of energy, the author points out the now existing regulations and former ones in administrative jurisdiction and criminal jurisdiction by which legal protection is limited to a court of first instance which is competent for fact-finding (e.g. sec. 138 Para. 1 Act of compulsory consolidation of the boundaries of land (FlurbG), sec. 47 Rules of the Administrative Courts (VwGO), sections 24 Para. 1 No. 3, 74 Para. 1 p. 2 Judicature Act (GVG). He tries to transfer the idea of accelerating legal procedure from the model of the Criminal Court in criminal jurisdiction to administrative jurisdiction. Finally, the author examines the question whether cutting down the length of proceedings is really necessary, or if the same result could be reached by making an appeal subject to special admission. (HP) [de

Measuring the benefits of open standards standards : Beyond the motion Gerkens and the Dutch Court of Audit report1

NARCIS (Netherlands)

Egyedi, T.M.; Enserink, B.

2013-01-01

In 2010 the Dutch Parliament (motion Gerkens) requested the Court of Audit to measure the benefits of using open standards and open source software for government IT. In its report of 2011 the Dutch Court of Audit concluded that there were hardly any benefits to be gained. The Court's underlying

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

Science.gov (United States)

Superfine, Benjamin Michael; Thompson, Alea R.

2016-01-01

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

The long term operation of nuclear power plants measured by the yardstick of environmental impact assessment and public participation. Perspective on the European directives, on the Aarhus convention and the Espoo convention. Application to the specific case of Belgium/A perspective on the national implementation of the conventions to nuclear activities. Long-term operation of NPP's measured by the yardstick of environmental impact assessment and public participation

International Nuclear Information System (INIS)

Beyens, Marc

2017-01-01

Mr Beyens illustrated the challenges regarding the applicability of the concepts of environmental impact assessment and public participation, as defined in the Aarhus and Espoo Conventions and the relevant directives of the European Union, to the federal laws extending the operation of two nuclear power plants in Belgium. The Belgian authorities considered that those laws only opened the possibility to extend the operational period of those nuclear plants, subject to conditions set by the Belgian regulatory authority. Therefore, these laws should be considered as 'policies', exempt from the requirements of environmental impact assessment and public participation. In addition, Mr Beyens explained that, after an environmental screening had been carried out, the regulator ruled that its decision to authorise the long-term operation project did not require an environmental impact assessment, since it considered that the modifications to the installations would not significantly impact existing radiological environmental effects. However, in both instances legal challenges have been filed before the constitutional and administrative courts and are still pending. It is possible that a request for a preliminary ruling be submitted to the Court of Justice of the European Union in this regard

Your business in court: 2009-2010.

Science.gov (United States)

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

2011-01-01

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

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

Directory of Open Access Journals (Sweden)

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

2012-11-01

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

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

International Nuclear Information System (INIS)

Anon.

1987-01-01

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

The Challenges Facing the International Criminal Court in ...

African Journals Online (AJOL)

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

The International Criminal Court and conflict transformation in Uganda

African Journals Online (AJOL)

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

Twenty Years of Constitutional Court Judgments: What Lessons are ...

African Journals Online (AJOL)

MJM Venter

2017-12-05

Dec 5, 2017 ... about sentencing from its judgments during this time?2. 2 Overview of ... In short succession the Court declared unconstitutional the death penalty, in S v. Makwanyane,3 and corporal punishment for juvenile offenders, in S v.

the admissibility of subregional courts' decisions before the african

African Journals Online (AJOL)

AbdiJA

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

Local court reforms and ‘global’ law

Directory of Open Access Journals (Sweden)

Richard Mohr

2007-06-01

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

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

Science.gov (United States)

Hawkins, Paul Henry

2010-01-01

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

Antitrust implications of utility participation in the market for remote photovoltaic systems

International Nuclear Information System (INIS)

Starrs, T.J.

1994-01-01

Remote photovoltaic systems are an important niche market in the development of a viable photovoltaics industry. Electric utilities in the US have started offering remote photovoltaic service. Utilities have the potential to use their monopoly power in regulated markets to unfair competitive advantage in competitive markets. Therefore, utility participation in remote photovoltaic markets raises potentially significant issues of antitrust law and policy. This paper describes some of the legal and factual criteria that US courts and regulatory agencies are likely to use in assessing the antitrust implications of utility participation in the market for remote photovoltaic systems

The Court of Auditors has pinpointed 'renewables' for a long time

International Nuclear Information System (INIS)

Gay, Michel

2014-01-01

The author outlines that the French Court of Auditors (Cour des Comptes) has already highlighted the cost increase of renewable energies in 2011, notably for photovoltaic energy. He recalls different reports and decisions issued by the Senate, public bodies and the government on the increase of energy prices. The author states that there is no justification for the development of renewable energies in France as the French production emits hardly any CO 2 . He notices that phasing out nuclear in Germany had a negative consequence on greenhouse gas emissions as Germany had to import high quantities of coal. He outlines several issues highlighted by the Court's analysis: objectives of renewable electricity production are not reached, governments lack a clear strategy, lack of tax control, lack of expertise on costs, lack of statistical follow-up, insufficiently assessed economic impact, bad use of the tender procedure, intermittency management to be adjusted, construction and funding of new electricity lines which are facing acceptability problems. He finally outlines that the Court of Auditors has stated in 2014 that the energy-climate package does not respond to initial objectives such as supply security, competitiveness preservation, management of greenhouse gas emissions

Nudging Domestic Judicial Reforms from Strasbourg: How the European Court of Human Rights shapes domestic judicial design

Directory of Open Access Journals (Sweden)

David Kosař

2017-03-01

Full Text Available This article discusses to what extent and how the European Court of Human Rights (ECtHR has initiated and engaged in domestic judicial reforms. It shows that the judgments of the Strasbourg Court, rather than having effects only with respect to the individual whose rights have been violated, have much deeper structural effects in the design and operation of domestic judicial systems. This article argues that this phenomenon goes rather unnoticed, but it has deep implications for both the developing and developed European democracies. To demonstrate this phenomenon, this article assesses the impact of the ECtHR on three judicial design issues. First, it illustrates how the ECtHR has challenged the role of the advocates general. Second, it explains how the ECtHR has gradually curbed the jurisdiction of military courts both over civilians and over military officers, which has brought these courts to the brink of their abolition. Finally, it outlines how the ECtHR in its judgments regarding the disciplining of judges empowers the judiciary at the expense of other political institutions within the State. Based on the analysis of these three judicial design issues, we conclude that the Strasbourg Court is affecting the internal architecture of domestic judiciaries as it gradually endorses the unification of court administration and changes the power structures within the judiciary.

Procedural abortion rights: Ireland and the European Court of Human Rights.

Science.gov (United States)

Erdman, Joanna N

2014-11-01

The Irish Protection of Life During Pregnancy Act seeks to clarify the legal ground for abortion in cases of risk to life, and to create procedures to regulate women's access to services under it. This article explores the new law as the outcome of an international human rights litigation strategy premised on state duties to implement abortion laws through clear standards and procedural safeguards. It focuses specifically on the Irish law reform and the jurisprudence of the European Court of Human Rights, including A. B. and C. v. Ireland (2010). The article examines how procedural rights at the international level can engender domestic law reform that limits or expands women's access to lawful abortion services, serving conservative or progressive ends. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

The International Criminal Court: Considerations for the Joint Force Commander

National Research Council Canada - National Science Library

Sutton, Michael

2003-01-01

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

D Erasmus and A Hornigold COURT SUPERVISED INSTITUTIONAL

African Journals Online (AJOL)

User

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

Novel speed test for evaluation of badminton specific movements

DEFF Research Database (Denmark)

Madsen, Christian Møller; Karlsen, Anders; Nybo, Lars

2015-01-01

In this study we developed a novel badminton speed test (BST). The test was designed to mimic match play. The test starts in the center of the court and consists of five maximal actions to sensors located in each of the four corners of the court. The 20 actions are performed in randomized order...... as dictated by computer screen shots displayed one second following completion of the previous action. We assessed day-to-day variation in elite players and specificity of the test was evaluated by comparing 30 meter sprint performance and time to complete the BST in 20 elite, 21 skilled players and 20 age...

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

OpenAIRE

Cebulak, Pola

2014-01-01

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

76 FR 45007 - Sentencing Guidelines for United States Courts

Science.gov (United States)

2011-07-27

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

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

Science.gov (United States)

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

2011-01-01

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

76 FR 30751 - Culturally Significant Object Imported for Exhibition Determinations: “Turkish Taste at the Court...

Science.gov (United States)

2011-05-26

... DEPARTMENT OF STATE [Public Notice: 7481] Culturally Significant Object Imported for Exhibition Determinations: ``Turkish Taste at the Court of Marie-Antoinette'' SUMMARY: Notice is hereby given of the... that the object to be included in the exhibition ``Turkish Taste at the Court of Marie- Antoinette...

Playing by the rules. The Hague courts and the Acteonisation du Grand Veneur d’Hollande (1643

Directory of Open Access Journals (Sweden)

Marika Keblusek

2017-02-01

Full Text Available This article discusses an unpublished play, Acteonisation du Grand Veneur d’Hollande (1643. Created – and possibly performed – within the immediate circle of the court of Elizabeth of Bohemia in The Hague, its anonymous author satirizes the various personalities in the Orange courts of respectively Frederik Hendrik and Amalia von Solms, and Willem II and Mary Stuart. Focusing on the social ambitions of Johannes Polyander van Kerckhoven, Lord of Heenvliet, and by using the popular myth of Actaeon and Diana, the clash between court and city, between princely aristocrats and republican burghers is played out.

The admissibility of offender profiling in courtroom: a review of legal issues and court opinions.

Science.gov (United States)

Bosco, Dario; Zappalà, Angelo; Santtila, Pekka

2010-01-01

What is the future of Offender Profiling? Is it an important field of forensic science or is it only a glamorous art? After the trilogy "Daubert-Joiner-Kumho" and after the last version, in 2009, of the Federal Rules of Evidence (F.R.E.), the opinion of American Courts concerning the admissibility of scientific evidence has changed, and the questions above can now have new answers. The change is closely tied to the perceived difference between hard and soft sciences and, in this way, the new gatekeeping role of the Courts also concerns whether offender profiling can be regarded as scientific evidence and if offender profiling should be admitted in the Courtroom as scientific evidence. In this work we present a comprehensive review concerning the most important Court opinions in U.S.A, U.K., Canada and Australia, about reliability and admissibility of offender profiling, in its different forensic application, as scientific evidence, and we suggest how and when an expert witness in the field of offender profiling can, in the light of these opinions, be admitted in Court.

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

Science.gov (United States)

Rieger, H J

1975-03-21

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

How the Courts Deal with Bullying in Schools

Science.gov (United States)

Diamantes, Thomas

2010-01-01

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

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

Directory of Open Access Journals (Sweden)

Sri Budi Purwaningsih

2014-01-01

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

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

Directory of Open Access Journals (Sweden)

Sidney W. Richards

2008-12-01

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

Illinois court seeks new course in AIDS phobia cases.