WorldWideScience

Sample records for supreme court information

  1. Irish Supreme Court finds abortion information law constitutional.

    Science.gov (United States)

    1995-06-02

    On May 12, 1995, the Irish Supreme Court upheld constitutional legislation governing the provision of information regarding legal abortion services abroad. The measure, which was adopted, 85-67, on March 8 by the lower House (Dail) and approved on March 14 by the Senate (Seanad), permits Irish family planning groups, physicians, health advisory services, and counseling centers to continue informing women about abortion within the context of a comprehensive discussion of pregnancy options. Making direct referrals or appointments for abortion services, writing letters of introduction for patients or clients, and advocating or promoting the procedure are prohibited. Medical records may be forwarded once a woman has made her own appointment. The law bans dissemination of the information to the general public and any financial connection between the groups providing counseling and those performing abortions. Irish President Mary Robinson sent the measure to the Supreme Court for review, rather than signing it. The measure was initially intended to implement one portion of a three-part 1992 constitutional referendum on abortion, which occurred in the wake of a case of a pregnant 14-year-old rape survivor who sought to travel to England for an abortion. A lower court decision which had prevented the woman from leaving the country was overturned by the Irish Supreme Court, based on her suicidal state. That year, nearly 60% of the electorate supported a measure making information about abortion in other countries available to Irish women. 65% rejected a proposal limiting abortion to cases where the mother's life, not health, was in danger. The rejected proposal would not have allowed abortions in cases where self-destruction was an issue. 62% approved an amendment guaranteeing an unambiguous constitutional right to travel, including for abortion services. More than 4000 women travel to England for abortions annually. After the Supreme Court ruling, the measure was signed

  2. 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…

  3. 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…

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

    Science.gov (United States)

    Williams, Charles F.

    2002-01-01

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

  5. 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…

  6. Supreme Court Review

    Science.gov (United States)

    Williams, Charles F.; Hawke, Catherine

    2010-01-01

    Of the three branches of government, the Supreme Court usually receives the least national attention. Not so this year. In addition to another changing of the guard with the retirement of Justice Stevens and the nomination of Elena Kagan, the 2009-2010 term generated a great deal of controversy. And in a number of instances, the public's keen…

  7. Innovation, informed consent, health research and the Supreme Court: Montgomery v Lanarkshire - a brave new world?

    Science.gov (United States)

    Mchale, Jean V

    2017-10-01

    The Supreme Court decision in Montgomery v Lanarkshire ([2015] UKSC11) has been hailed as a landmark not least because the Court enshrines the doctrine of informed consent formally into English law for the first time in relation to medical treatment. This paper explores the decision in Montgomery. It examines what its implications may be in the future for the consent process in relation to health research and innovative treatment and whether it may prove a watershed moment leading to changing dialogues and expectations in relation to consent. First, the paper explores the concept of 'informed consent' in clinical research as seen through international, Council of Europe and EU instruments. Second, it considers how English law currently governs the provision of information to research participants in the context of clinical research. It questions whether such an approach will be sustainable in the future. Third, it discusses the decision of the UK Supreme Court in Montgomery v Lanarkshire and asks what might be the impact of this Supreme Court decision in the health research context. It asks whether Montgomery may result in new approaches to consent in health research and innovative treatment.

  8. 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…

  9. The Supreme Court in the Culture Wars.

    Science.gov (United States)

    Rabkin, Jeremy

    1996-01-01

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

  10. Minnesota in the Supreme Court. Lessons on Supreme Court Cases Involving Minnesotans.

    Science.gov (United States)

    Bloom, Jennifer

    This document focuses on cases brought by Minnesotans to the U.S. Supreme Court. The five lessons featured are designed to provide secondary classroom teachers with material needed to teach each unit. Lessons cover Supreme Court proceedings, free press issues, freedom of religion, abortion rights, and privilege against self-incrimination.…

  11. U.S. Supreme Court Trends.

    Science.gov (United States)

    Williams, Charles F.; Leiterman, Hannah

    1999-01-01

    Provides summaries of U.S. Supreme Court case decisions during its 1998-99 term on the following issues: (1) sexual harassment; (2) street gangs; (3) search and seizure; (4) welfare; (5) immigration; and (6) census. Previews the 1999-2000 term. Includes the article "Teaching Activities and Discussion Questions" by Hannah Leiterman. (CMK)

  12. Development of the Law by Supreme Courts in Europe

    Directory of Open Access Journals (Sweden)

    Maarten Feteris

    2017-10-01

    Full Text Available It is generally recognised in many countries that law-making is not exclusively a task for the legislator, but also for the courts, especially supreme courts. In fact, in many European countries, a tendency seems to be emerging towards an even greater focus on the law-making task of the supreme courts. The author of this paper, the President of the Supreme Court of the Netherlands, addresses various topics regarding this law-making task of European supreme courts, such as the question to what extent (supreme courts make and develop law, whether there is a statutory basis for this activity and what kind of techniques these courts can use. The author also addresses the limits to the power of the supreme courts to develop new rules (especially in relation to the legislator and what is to be expected in the near future regarding law-making by supreme courts. The article is partly inspired by the answers to a questionnaire on this subject, which was sent to the Network of the Presidents of the Supreme Judicial Courts of the European Union.

  13. Indian Supreme Court demands cleaner blood supply.

    Science.gov (United States)

    Kumar, S

    1996-01-13

    The government of India recently admitted in parliament that 25% of the country's blood banks remain unlicensed. The Supreme Court has directed the government to establish a National Council for Blood Transfusion in an attempt to curb malpractice, malfunctioning, and corruption in the national blood banking system, and to ensure a safe blood supply. Furthermore, the Court advised the government to enact separate legislation for regulating the collection, processing, storage, distribution, and transportation of blood and the operation of blood banks. Legal action will be taken if any blood banks remain ill equipped or unlicensed after the period of one year. Agencies have been directed to take steps to eliminate professional blood selling within two years. They have also been asked to ensure that there are trained drug inspectors to check upon the banks. To boost funding for the councils, the government has been advised to allow 100% exemption upon income tax to those who donate money to the organizations. The Director General of Health Services has been asked to submit a report on action taken by July 16, 1996, to ensure compliance.

  14. 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)

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

    Directory of Open Access Journals (Sweden)

    Ovidiu-Horia Maican

    2017-12-01

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

  16. 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

  17. Legal hermeneutics of the supreme court decision in Akintokun v ...

    African Journals Online (AJOL)

    The Court, presumably, in order to defend its latter position went against all known positive and sociological approach in the exercise of judicial powers. The judgment in Akintokun's case is capable of ... as it is not 21st century oriented. Keywords: Legal Practitioner, Discipline, Appeals, Supreme Court and Amendment ...

  18. The US Supreme Court, its, formation and first key decisions

    OpenAIRE

    Červinková, Zuzana

    2015-01-01

    The US Supreme Court, its formation and first key decisions The thesis offers an insight of an era in which the Supreme Court of United States was founded and established itself as one of the major government institutions as well as a strong powerhouse of American politics. Essential for understanding of the future importance and role of the Court is to perceive not only its own early history but also an understanding of broader context concerning a development of the early American society a...

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

    Science.gov (United States)

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

    2016-01-01

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

  20. Will the UK Supreme Court allow assisted dying?

    Science.gov (United States)

    Griffith, Richard

    MPs overwhelmingly voted against passing the Assisted Dying Bill into law in September 2015. The Bill was defeated by a majority of 212, despite the heartfelt pleas of many MPs to pass it into law. The size of the defeat means that it is unlikely that Parliament will consider a similar law for many years. Yet many considered the Bill their last opportunity to make assisted dying lawful. There is, however, one further possible way assisted dying could become lawful in the UK--and that would be where the Supreme Court allowed it. In this article, the author reviews the Supreme Court's decision in R (on the application of Nicklinson v Ministry of Justice [2014] and considers how likely it is that the Supreme Court will now sanction assisted dying following Parliament's refusal to enact an assisted dying law.

  1. Canada's Supreme Court abolishes 'promise of the patent'.

    Science.gov (United States)

    Norman, John; Gloor, Alex

    2018-01-01

    The Supreme Court of Canada has done away with the 'promise of the patent' doctrine. This doctrine invalidated patents to numerous otherwise useful inventions from 2005 to 2016. The Supreme Court of Canada has clarified that the statutory utility requirement requires only a scintilla of utility related to the subject matter of the invention. This utility must have been demonstrated or soundly predicted as of the Canadian filing date. The decision brings increased certainty to Canada's patent system and more closely aligns it with international norms.

  2. How to Read a U.S. Supreme Court Opinion

    Science.gov (United States)

    Middleton, Tiffany

    2013-01-01

    Reading U.S. Supreme Court opinions can be intimidating. Yet, in the digital age, it has never been easier to access them. The average opinion is about 4,750 words, and is one of approximately 75 issued by the Court each year. It might be reassuring to know that opinions contain similar parts and tend to follow a similar format. There are also…

  3. 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

  4. Mum's the word: the Supreme Court and family planning.

    Science.gov (United States)

    Mariner, W K

    1992-01-01

    On May 23, 1991, the US Supreme Court upheld federal regulations that prohibit federally funded family planning programs from counseling about or referring for abortion. As a result, government benefits may now entail substantial costs. The regulations changed the nature of government-assisted family planning from comprehensive care and counseling to limited services and government-prescribed information. The reasoning in Rust v Sullivan allows government to limit freedom of speech in federally funded programs. The decision may have been influenced by antiabortion sentiment, but it does not affect the legality of abortion. Instead, it sets a precedent for government control of whether and how health care can be discussed wherever government pays some of the bills. PMID:1739169

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

    Science.gov (United States)

    Zirkel, Perry A.

    2013-01-01

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

  6. Supreme Court Strikes Down NCAA Control of Football on Television.

    Science.gov (United States)

    Farrell, Charles S.

    1984-01-01

    The Supreme Court ruling that the National Collegiate Athletic Association's control of televised intercollegiate football violated antitrust law is discussed. At the heart of the restraint of trade are the limitations placed on the money an institution can receive, the times a team can appear, and the number of games telecast. (MLW)

  7. Double Exposure: The Supreme Court and Sex Discrimination Claims

    Science.gov (United States)

    Russo, Charles J.; Thro, William E.

    2009-01-01

    The Supreme Court's recent decision in "Fitzgerald v. Barnstable School Committee" (2009) expands the opportunities for students and their parents to sue school boards for alleged sex discrimination. Even so, as discussed here, "Fitzgerald" should have little effect on the day-to-day operations of school systems. This column…

  8. Legalization in the Academy: Higher Education and the Supreme Court.

    Science.gov (United States)

    Olivas, Michael A.; Denison, Kathleen McCartan

    1984-01-01

    Six of the 22 Supreme Court decisions in the 1981-82 term concerning or affecting higher education are discussed. The cases concerned sex discrimination, tuition-free public schooling for undocumented children, residency status, dormitory drug search, student religious groups using school facilities, and the scope of Title IX. (MSE)

  9. Japan’s Supreme Court Discourse and Lifetime Employment

    DEFF Research Database (Denmark)

    Tackney, Charles T.; Sato, Toyoko

    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...... 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...... 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...

  10. Prometheus: the Supreme Court redefines the patentability of diagnostic inventions.

    Science.gov (United States)

    Kumamoto, Andrew; Schmid, Cora L

    2012-12-01

    The United States Supreme Court recently issued an opinion regarding the patentability of claims directed to diagnostic methods in Mayo Collab. Service v. Prometheus Lab., Inc. In this opinion, the Supreme Court held that correlations between metabolite levels in the human body and either therapeutic efficacy or adverse effects are unpatentable laws of nature. It further found that a patent claim to a method including such a correlation is unpatentable if the remainder of the claim contains only conventional and well-known steps. The Prometheus decision creates uncertainty regarding the scope of patentable subject matter, particularly in the fields of diagnostic and personalized medicine, that will remain until future cases apply this new doctrine.

  11. The Problem of Emergency in the American Supreme Court

    DEFF Research Database (Denmark)

    Hartz, Emily; ugilt, rasmus

    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...

  12. Japan’s Supreme Court Discourse and Lifetime Employment

    DEFF Research Database (Denmark)

    Tackney, Charles T.; Sato, Toyoko

    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 to emplo......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......'s participatory employee relations system contrasts sharply with recent U.S. state-based legislative assaults on long-standing collective bargaining, particularly for public sector unions. The concept of cultural cognition, recently deployed in legal studies to account for domestic U.S. risk, public policy...

  13. Utilities, marketers identify with tax issures in Supreme Court case

    Energy Technology Data Exchange (ETDEWEB)

    Warkentin, D. [ed.

    1997-04-01

    A recent US Supreme Court decision effectively highlights the continuing disparity that exists in the taxation of regulated vs. nonregulated energy companies that engage in similar activities. While the federal case (General Motors Corp., vs. Tracy) and its decision involved natural gas utilities and natural gas marketers and how they are taxed locally, some noted electric utility industry professionals said the ruling has the potential of impacting the electric utility industry as it deregulates and works through the tax inequities that exist between it and independent unregulated power marketers. According to the Washington, DC-based law firm Chadbourne & Park LLP, under the Supreme Court ruling, which was handed down in late February and favored gas utilities, {open_quotes}a state can discriminate in favor of regulated utilities by exempting natural gas purchased from local distribution companies from sales taxes while collecting taxes on so-called selfhelp gas bought from gas producers at the wellhead or from independent marketers.{close_quotes} The US Supreme Court ruling appears to be important for the electric utility industry and independent power marketers in that there currently exists similar disparities with respect to taxation. The case involved Ohio and a tax it levies on natural gas. Ohio collects a 5 percent sales or use tax on gas purchased for consumption. According to Chadbourne & Park, in Ohio this tax can be as much as 7 percent when local taxes are tacked on to the state`s 5 percent tax. However, local distribution companies (LDC) are exempt from this tax. LDCs are essentially the local natural gas company or companies that many states, such as Ohio, have. In Ohio, these natural gas companies, which have generally been interpreted as those companies that produce, transport and deliver natural gas to Ohio consumers, are fully exempt from sales and use taxes.

  14. 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.

  15. Text of Supreme Court's Majority Opinion Striking Down NCAA's Control of College Football Telecasts.

    Science.gov (United States)

    Stevens, John Paul; And Others

    1984-01-01

    The text of the Supreme Court's decision in National Collegiate Athletic Association v. Board of Regents of the University of Oklahoma, in which the Court struck down the NCAA's control of televised college football, is provided. (Author/MLW)

  16. 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...

  17. [Chakrabarty today: 30 years after the United States Supreme Court Resolution].

    Science.gov (United States)

    Bergel, Salvador Darío

    2010-01-01

    The decision of the United States Supreme Court in the Chakrabarty case marked the beginning of a far reaching process, the development of which considerably extended the field of patentabiltiy of humans, their body parts and genetic information. The author believes that a period of three decades is sufficient to draw conclusions. A critical point has been reached from a debatable decision, which had more economic support than legal, which requires serious recapitulation of the scope and the purpose of industrial property rights.

  18. 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…

  19. "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)

  20. Courtside: The Supreme Court's View of Drug Testing High School Athletes.

    Science.gov (United States)

    Carpenter, Linda J.

    1996-01-01

    The U.S. Supreme Court recently heard a case about mandatory drug tests for student athletes. This article discusses the case, in which the U.S. Supreme Court ruled in favor of the school district's right to conduct drug tests, noting its relevance to the 4th, 5th, and 14th Amendments. (SM)

  1. The Swiss Federal Supreme Court: A Constitutional Assessment of Control and Management Mechanisms

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2008-10-01

    Full Text Available Even the highest courts are under pressure to perform effectively and efficiently. In some instances, the pressure comes from supervisory and elected authorities, such as parliaments, which demand information regarding judicial output. In Switzerland a decision has been made by the Parliament to apply “steering instruments”, which were introduced as part of general administrative reforms. These procedures also include mechanisms for “controlling” 2 judicial activity. In this article, we examine reforms relating to the Swiss Federal Supreme Court , and the compatibility of those reforms with separation of powers principles.

  2. Sustainability for Governance, Brazilian Supreme Court and Conflict of Interest

    Directory of Open Access Journals (Sweden)

    Magno Federici Gomes

    2016-08-01

    Full Text Available http://dx.doi.org/10.5007/2177-7055.2016v37n73p165 This paper intends to approach the theme involving the formation of the Brazilian Supreme Court (STF and the conflict of interest. The method used for accomplishment this work was the theoretician-documentary. In that context the currently constitutional rules to form the STF, having as parameter the rules involving the good governance practices, seems not to comply to the principals of Corporate Governance. The creation of public alliances between the applicants to the Justice position with the Executive and Legislative branches implies in a relation known as conflict of interest, causing prejudices to the independence of judicial decisions and to the sustainable.

  3. Forecasting the Senate vote on the Supreme Court vacancy

    Directory of Open Access Journals (Sweden)

    Scott J. Basinger

    2016-07-01

    Full Text Available This paper forecasts current senators’ votes on Merrick Garland’s nomination to the U.S. Supreme Court, in the unlikely case that a vote actually takes place. The forecasts are necessarily conditional, awaiting measurement of the nominee’s characteristics. Nonetheless, a model that combines parameters estimated from existing data with values of some measurable characteristics of senators—particularly their party affiliations, party loyalty levels, and ideological positions—is sufficient to identify potential swing voters in the Senate. By accounting for a more nuanced and refined understanding of the confirmation process, our model reveals that if President Obama were to nominate almost any nominee (conservative or liberal today, that nominee would be rejected if a vote was allowed to take place. So why nominate anyone at all? Obama’s hope for a successful confirmation must come from the stochastic component, that is, from outside the traditional decision-making calculus.

  4. Implications of the Supreme Court's ACA Medicaid decision.

    Science.gov (United States)

    Perkins, Jane

    2013-03-01

    In the typical case, states are expected to act like independent sovereigns and reject federal funding conditions they do not like. In National Federation of Independent Business v. Sebelius (NFIB), however, the Supreme Court found that Congress unduly coerced states when it enacted the Affordable Care Act's Medicaid expansion provision. This article provides an overview to NFIB and discusses its implications. Focusing on Chief Justice Roberts' plurality opinion, the article explains that undue coercion may occur when the following four elements come together: (1) Congress enacts a new spending program; (2) Congress seeks to induce state participation in the new program by threatening to terminate all federal funding to an existing program; (3) the federal funding to the existing program is significant; and (4) the requirements of the new program are not related to the old program and, thus, could not have been anticipated by the state. © 2013 American Society of Law, Medicine & Ethics, Inc.

  5. 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.

  6. Media Politicization of the United States Supreme Court

    Directory of Open Access Journals (Sweden)

    RonNell Andersen Jones

    2014-10-01

    Full Text Available Both media scholars and Justices of the United States Supreme Court have suggested that press coverage of the Court increasingly politicizes the Court as an institution, by characterizing the Court’s Justices as ideological actors and by depicting the outputs of the Court as political decisions driven by personal preference rather than apolitical outcomes driven by constitutional doctrine and legal precedent. This study builds upon earlier efforts to investigate the veracity of this assumption, using a corpus linguistics methodology to track the use of several linguistic signals that are widely regarded as politicizing. A case study investigation of the full corpus of New York Times articles from the 1950s through the 2000s suggests an increase in the use of explicitly ideological descriptors of the Justices; an increase in references to the appointing presidents of the Justices; and an increase in the disparity of coverage of 5-4 decisions and unanimous decisions. Tanto los académicos dedicados a la comunicación como los magistrados de la Corte Suprema de los Estados Unidos han sugerido que la cobertura de la prensa de la Corte politiza cada vez más la Corte como institución, ya que representa a los magistrados como actores ideológicos, y presenta las decisiones del tribunal como decisiones políticas tomadas por preferencias personales en lugar de resultados apolíticos fruto de una doctrina constitucional y un precedente legal. Este estudio se basa en intentos anteriores de investigar la veracidad de esta hipótesis, utilizando una metodología de corpus lingüístico, para rastrear el uso de diversos signos lingüísticos comúnmente considerados politizadores. Una investigación de casos prácticos del corpus completo de los artículos del New York Times desde la década de 1950 hasta la década de 2000 sugiere un aumento en el uso de descriptores de los jueces explícitamente ideológicos; un aumento en las referencias a los

  7. 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.…

  8. How did the Supreme Court ruling on DOMA affect astronomers?

    Science.gov (United States)

    Rigby, Jane R.; The AAS Working Group on LGBTIQ Equality

    2014-01-01

    In June 2013, the United States Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. Section 3 had barred the federal government from recognizing same-sex marriages. The decision in United States v. Windsor, made headlines around the world, and particularly affected astronomers, since astronomers in the US are more likely than the general population to be foreign nationals, to have a foreign-born spouse, or to work for the federal government. In this poster, we highlight some of the real-world ways that the Windsor case has affected US astronomers and our profession. Bi-national couples can now apply for green cards granting permanent residency. Scientists who work for the federal government, including NASA and the NSF, can now obtain health insurance for a same-sex spouse. From taxes to death benefits, health insurance to daycare, immigration to ethics laws, the end of S3 of DOMA has had profoundly improved the lives of US scientists who are lesbian, gay, bisexual, or transgender (LGBT). Here we, highlight several real-world examples of how DOMA's demise has improved the lives and careers of US astronomer.

  9. Implications and reflections on the 2010 Supreme Court ruling on Canada's AHR Act.

    Science.gov (United States)

    Deonandan, Raywat; Rahman, Tarun

    2011-01-01

    In December, 2010, Canada's 6 year old Assisted Human Reproduction Act was successfully challenged in the Supreme Court of Canada. There may be important implications for public health and the evolution of reproductive technologies in this country.

  10. The Supreme Court Upholds Drug Testing of Student Participants in Extracurricular Activities.

    Science.gov (United States)

    Mawdsley, Ralph D.; Russo, Charles J.

    2003-01-01

    Analysis of 2001 United States Supreme Court decision in "Earls v. Board of Education of Tecumseh Public Schools," upholding random drug testing for students participating in extracurricular activities. Discusses implications for school policy and practice. (Contains 15 references.) (PKP)

  11. Labor and the Supreme Court: Significant Issues of 1991-92.

    Science.gov (United States)

    Hukill, Craig

    1992-01-01

    Labor-related issues to be considered by the Supreme Court include veterans' rights to reemployment, union organizing practices, pension entitlements, and the taxability of back pay recovered in damage suits. (JOW)

  12. The Supreme Court of Mauritius and the Objectives of Punishment in ...

    African Journals Online (AJOL)

    The Supreme Court of Mauritius and the Objectives of Punishment in Sentencing Offenders to Penal Servitude for Life and to Other Lengthy Prisons Terms in Drugs- Related Cases: A Look at Recent Case Law.

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

    NARCIS (Netherlands)

    Lodder, A.R.

    2013-01-01

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

  14. Neutrality, Proselytism and Religious Minorities at the European Court of Human Rights and the US Supreme Court

    OpenAIRE

    Hatzis, N.

    2009-01-01

    The paper examines the way the US Supreme Court and the European Court of Human Rights have dealt with the discriminatory treatment of religious minorities in relation to proselytism, and the role played by the principle of neutrality in arguments supporting the invalidation of statutes which restrict religious canvassing.

  15. 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.

  16. "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…

  17. "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…

  18. 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....

  19. Medication Abortion Through Telemedicine: Implications of a Ruling by the Iowa Supreme Court.

    Science.gov (United States)

    Yang, Y Tony; Kozhimannil, Katy B

    2016-02-01

    In summer 2015, the Iowa Supreme Court unanimously struck down a restriction that would have prevented physicians from administering a medication abortion remotely through video teleconferencing. In its ruling, the Iowa Supreme Court stated that the restriction would have placed an undue burden on a woman's right to access abortion services. It is crucially important for clinicians--especially primary care clinicians, obstetrician-gynecologists (ob-gyns), and all health care providers of telemedicine services--to understand the implications of this recent ruling, especially in rural settings. The Court's decision has potential ramifications across the country, for both women's access to abortion and the field of telemedicine. Today telemedicine abortion is available only in Iowa and Minnesota; 18 states have adopted bans on it. If telemedicine abortions are indeed being unconstitutionally restricted as the Iowa Supreme Court determined, court decisions reversing these bans could improve access to abortion services for the 21 million reproductive-age women living in these 18 states, which have a limited supply of ob-gyns, mostly concentrated in urban, metropolitan areas. Beyond the potential effects on abortion access, we argue that the Court's decision also has broader implications for telemedicine, by limiting the role of state boards of medicine regarding the restriction of politically controversial medical services when provided through telemedicine. The interplay between telemedicine policy, abortion politics, and the science of medicine is at the heart of the Court's decision and has meaning beyond Iowa's borders for reproductive-age women across the United States.

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

    Science.gov (United States)

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

    2002-01-01

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

  1. How judges think in the Brazilian Supreme Court: Estimating ideal points and identifying dimensions

    Directory of Open Access Journals (Sweden)

    Pedro Fernando Almeida Nery Ferreira

    2014-09-01

    Full Text Available We use NOMINATE (Nominal Three Step Estimation (Poole and Rosenthal, 1983, 1997 to estimate ideal points for all Supreme Court Justices in Brazil from 2002 to 2012. Based on these estimated preferences we identify the nature of the two main dimensions along which disagreements tend to occur in this Court. These estimates correctly predict over 95% of the votes on constitutional review cases in each of the compositions of the Court which we analyze. The main contribution of the paper is to identify that the main dimension along which preferences align in the Brazilian Supreme Court is for and against the economic interest of the Executive. This is significantly different than the conservative-liberal polarization of the US Supreme Court. Our estimates show that along this dimension the composition of the Court has been clearly favorable to the Executive's economic interests, providing the setting in which the dramatic transformation in institutions and policies that the country has undergone in last two decades could take place.

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

    Science.gov (United States)

    Thro, William E.

    2009-01-01

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

  3. The Supreme Court of Mauritius and the Objectives of Punishment in ...

    African Journals Online (AJOL)

    user1

    reformed enough to be released (von Hirsch and Ashworth, 1998;. Terblanche, 2007; and Schabas 2006). It is worth noting that research has shown that there is no or limited evidence to suggest that deterrent sentences are effective in reducing serious or organised crime (Tonry, 2008). 3. The Supreme Court and objectives ...

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

    Science.gov (United States)

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

    2017-01-01

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

  5. The Supreme Court, "Endrew", and the Appropriate Education of Students with Disabilities

    Science.gov (United States)

    Turnbull, H. Rutherford; Turnbull, Ann P.; Cooper, David H.

    2018-01-01

    In this article, we analyze the Supreme Court's decision in "Endrew F. v. Douglas County School District RE-1" (2017), interpreting the Individuals with Disabilities Education Act (IDEA) and its provisions creating a right of every student with a disability to have an appropriate education. We compare the "Endrew" decision with…

  6. Media Agendas and Human Rights: The Supreme Court Decision on Abortion.

    Science.gov (United States)

    Pollock, John Crothers; And Others

    1978-01-01

    Examines coverage of the abortion issue prior to, during, and after the 1973 Supreme Court decision legalizing elective abortion in daily newspapers in Boston, Chicago, Los Angeles, New York, and Washington, D.C. Considers the effect on news coverage of local religious composition, income levels, race, and abortion rate. (GW)

  7. No one 'owns' the genome: The United States Supreme Court rules ...

    African Journals Online (AJOL)

    In a decision that looks set to shape the future, the United States Supreme Court recently ruled that isolated human DNA cannot be patented. It is argued that this decision will have a potentially serious negative impact on future biotechnological innovation and discovery, and that the more expansive European approach to ...

  8. The Problem of Emergency in the American Supreme Court

    DEFF Research Database (Denmark)

    Hartz, Emily; ugilt, rasmus

    2011-01-01

    –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...... be governed by the decisions and acts of the political department of the Government to which this power was entrusted’ (Prize, p. 669). The precedent, which the Court thereby laid down, has since played out as an important leverage for the Bush government’s legal arguments in connection with the war...... on terrorism. This article engages the theoretical framework of Locke, Schmitt and Agamben in order to come to a better understanding of this important set of cases....

  9. 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.

  10. 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.

  11. Prescription data mining, medical privacy and the First Amendment: the U.S. Supreme Court in Sorrell v. IMS health Inc.

    Science.gov (United States)

    Boumil, Marcia M; Dunn, Kaitlyn; Ryan, Nancy; Clearwater, Katrina

    2012-01-01

    In 2011, the United States Supreme Court in Sorrell v. IMS Health Inc. struck down a Vermont law that would restrict the ability of pharmaceutical companies to purchase certain physician-identifiable prescription data without the consent of the prescriber. The law's stated purpose was threefold: to protect the privacy of medical information, to protect the public health and to contain healthcare costs by promoting Vermont's preference in having physicians prescribe more generic drugs. The issue before the Supreme Court was whether the Vermont law represented a legitimate, common sense regulatory program or a bold attempt to suppress commercial speech when the "message" is disfavored by the state. Striking down the law, the Supreme Court applied a heightened level of First Amendment scrutiny to this commercial transaction and held that the Vermont law was not narrowly tailored to protect legitimate privacy interests.

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

    Science.gov (United States)

    Lombardo, P A

    1996-01-01

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

  13. Violence against women and the U.S. Supreme Court: recent challenges and opportunities for advocates and practitioners.

    Science.gov (United States)

    Rutkow, Lainie; Vernick, Jon S; Webster, Daniel W; Lennig, Dorothy J

    2009-10-01

    The U.S. Supreme Court has frequently grappled with violence against women, with three major cases decided since 2000. Although the law can be a powerful tool to minimize the risk of violence against women, it can also be an obstacle to interventions. As legislators, prosecutors, and advocates implement legal interventions to respond to violence against women, the Supreme Court has increasingly been called on to interpret these laws and assess their constitutionality. This legal note examines recent Supreme Court jurisprudence that addresses interventions to prevent violence against women and explain how practitioners can tailor interventions to respond to these decisions.

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

    Science.gov (United States)

    Norton, Martin L

    2002-01-01

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

  15. The influence of neuroscience on US Supreme Court decisions about adolescents' criminal culpability.

    Science.gov (United States)

    Steinberg, Laurence

    2013-07-01

    In the past 8 years, the US Supreme Court has issued landmark opinions in three cases that involved the criminal culpability of juveniles. In the most recent case, in 2012, a ruling prohibited states from mandating life without parole for crimes committed by minors. In these cases, the Court drew on scientific studies of the adolescent brain in concluding that adolescents, by virtue of their inherent psychological and neurobiological immaturity, are not as responsible for their behaviour as adults. This article discusses the Court's rationale in these cases and the role of scientific evidence about adolescent brain development in its decisions. I conclude that the neuroscientific evidence was probably persuasive to the Court not because it revealed something new about the nature of adolescence but precisely because it aligned with common sense and behavioural science.

  16. Runtuhnya Institusi Mahkamah Agung (The Indonesian Supreme Court: A Study of Institutional Collapse

    Directory of Open Access Journals (Sweden)

    Anugerah Rizki Akbari

    2013-09-01

    Full Text Available Since the fall of Indonesian president Soeharto, a major focus of the reformers has been the corrupt and inefficient judicial system. Within the context of a history of the Supreme Court in post-independence Indonesia, Sebastiaan Pompe analyzes the cause of the judiciary’s failure over the past decades. This book provides an essential background for those seeking to understand why legal reform has been so slow and frustrating in the post-1998 period.

  17. Connecting Climate Science to Policy: from Global Food Production to the US Supreme Court

    Science.gov (United States)

    Battisti, D. S.

    2016-12-01

    There are myriad ways climate science has been used to inform on global food security, and to affect law and policy. In this talk, I will summarize examples that include the application of the El Nino - Southern Oscillation science to improve food security in Indonesia and provide water forecasts for agriculture in northwest Mexico, as well as the application of climate change science to project changes in global grain production. In the latter case, reliable information on the impact of increasing greenhouse gases on growing season temperature is applied to assess the impact of climate change on average crop yields, on the volatility in crop yields, and on the loss of yield due to increasing pest pressure - all of which have acute implications for agricultural policy. In the US, climate change science was of paramount importance for the Supreme Court decision in the case "Massachusetts vs. EPA," which to this day greatly shapes US policy related to climate change - most notably in setting emission standards for vehicles. My colleagues and I have learned several lessons from our experiences in these applications of climate science that I will share, including some thoughts on the nature of interdisciplinary teams for producing reliable and effective products, and the on the professional pros and cons of pursuing applied work.

  18. 'owns' the genome: The United States Supreme Court rules that ...

    African Journals Online (AJOL)

    2013-11-01

    Nov 1, 2013 ... Jolie had undergone an elective double mastectomy, in the hope of reducing her genetically high risk of ... occurring genetic information – that is, the processes and products created in laboratories through .... also have substantial negative ramifications for past and future human genetic discovery and ...

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

    Science.gov (United States)

    Wiist, William H

    2011-07-01

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

  20. The judgment on the phosphoethanolamine case and the jurisprudence of the Brazilian Federal Supreme Court

    Directory of Open Access Journals (Sweden)

    Zebulum J. C.

    2017-02-01

    Full Text Available Widespread use of the synthetic substance phosphoethanolamine, known as the cancer pill, was recently reported among patients with malignant neoplasm. However, the substance was not registered in the Brazilian National Health Surveillance Agency and the clinical studies necessary to guarantee its effectiveness and safety had not even been completed. Neverthe-less, the federal government enacted Law number 13.269/2016, authorizing provision by the Brazilian National Public Health System under certain conditions, and various injunctions were granted that forced the state to provide it. The question was considered by the Supreme Court in two important judgments in which the Court suspended all injunctions granted and suspended the effectiveness of the law based on evidence of unconstitutionality. In this article, we analyze the legal grounds of the decisions in the context of previous positions of the Court and the guidelines established in judgment of STA 175-AgR/CE.

  1. 15 years of constitutional review in the Supreme Court of Estonia : systematized extracts of constitutional review judgments and rulings of the Supreme Court en banc and the Constitutional Review Chamber in 1993-2008 / Riigikohus ; toim. ja eess.: Ge

    Index Scriptorium Estoniae

    2009-01-01

    Sisaldab ka: The outset of judicial constitutional review / Rait Maruste. Judicial constitutional review at the turn of the century / Uno Lõhmus. Judicial constitutional review through the eyes of Chancellor of Justice / Eerik-Juhan Truuväli. The courts and the Supreme Court in concrete norm control / Madis Ernits

  2. Is the United States Supreme Court an Undemocratic Institution? An Outsider’s Perspective

    Directory of Open Access Journals (Sweden)

    Łukasz Machaj

    2011-12-01

    Full Text Available The United States Supreme Court has often been accused of engaging in judicial activism, of subverting legislatures’ will and of undermining the basic principles of the democratic system. This article maintains that such charges are generally unfounded. The author claims that the Supreme Court’s detractors ignore five fundamental issues. First, they misunderstand the very nature and basic rules of a constitutional democracy. Second, they tend to ignore the role played by constitutions in general and the American Constitution in particular in social reality, effectively forgetting the reasons for the latter’s hallowed place in the United States national psyche. Third, they ignore the presence of political factors (and even partisan calculations in the process of appointments to the U.S. Supreme Court. Fourth, they misconceive the realities of the process of legal reasoning and of constitutional interpretation. Fifth, they underestimate or even fail to recognize the influence of public opinion on the basic trends of judicial decision-making.

  3. Abortion foes get turn to ask Supreme Court for constitutional protection.

    Science.gov (United States)

    Denniston, L

    1994-04-28

    The US Supreme Court began hearing arguments on the constitutionality of a Florida judge's order which placed limits on anti-abortion protesting. This case will be the last abortion--related decision for Justice Harry A. Blackmun, who was the author of the original decision granting the right to abortion in Roe vs. Wade, before retiring from the Court in September 1994. Anti-abortion activists claim 1st Amendment protection, much the same as Dr. Martin Luther King's marches in advancing Blacks' civil rights. The case involved a Melbourne abortion clinic. The murder of Dr. Gunn outside an abortion clinic in Pensacola, Florida, will be used to support the need for protection from extremist violence. The conflict appears to be over the right to save women's right to abortion and over simple, peaceful protests and prayers against abortion. One anti-abortion foe, affiliated with Operational Rescue and initiating the appeal to the Supreme Court, is scheduled to testify before the Court: Judy Madsen, a protester who has counseled outside clinics. Ms. Madsen says she is exercising her freedom to protect human life. Other testimony will come from Reverend Ed Martin of Ocala, Rescue America's founder, and Shirley Hobbs, a homemaker from Orlando. Representation will be made by lawyer Matthew Staver, who will argue that the ruling was directed to a political position. Other support will come from religious and anti-abortion groups and the AFL-CIO. Testifying for the clinic, the Aware Women's Center for Choice, will be the owner and operator Patricia Baird Windle. Over the past 5 years, the Melbourne Clinic had been a target for the nationwide anti-abortion campaign by Operation Rescue. Because of the conflicting rulings between the Florida Supreme Court, which ruled to keep protesters away from clinic grounds and staff homes, and 11th US Circuit Court of Appeals ruling of unconstitutionality, no protection is afforded the clinic. Previous protection had occurred due to a 1992

  4. Accommodation and Adjudication in Student-Administration Conflicts: The Difficult Legacy of the U.S. Supreme Court

    Science.gov (United States)

    Meyer, Heinz-Dieter; Bratge, Katrina

    2011-01-01

    In this article, we consider a series of U.S. Supreme Court rulings that place public school students under an expansive shield of constitutional rights while often hampering the ability of administrators to engage in flexible and creative conflict resolution in the context of the school's mission. The court's readiness to adjudicate a large range…

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

    Science.gov (United States)

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

    2011-01-01

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

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

    Science.gov (United States)

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

    2011-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Kevin G. Welner

    2000-07-01

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

  8. Supreme Court of India approves government commitments on health care for people living with HIV.

    Science.gov (United States)

    Symington, Alison

    2008-12-01

    In August 2008, the Government of India issued a list of directives with respect to its national response to HIV/AIDS. A panel of the Supreme Court approved the directives on 1 October 2008 and directed that all state governments comply with them. The panel's order also directed that the National AIDS Control Organisation (NACO) submit a progress report on compliance within four months. As a result, a legally binding framework for healthcare and treatment of people living with HIV now exists for all of India.

  9. 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.

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

    Directory of Open Access Journals (Sweden)

    Roger Guimerà

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

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

    Directory of Open Access Journals (Sweden)

    Lydia Anita Miljan

    2014-10-01

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

  12. The impact of the Supreme Court judgment in Cheshire West v P on the human rights of vulnerable patients.

    Science.gov (United States)

    Griffith, Richard

    2014-12-01

    The UK Supreme Court's judgment in Cheshire West and Chester Council v P [2014] has had a huge impact on the promotion of human rights of vulnerable patients. The ruling emphasises the positive duty on the state and its organisations, such as the NHS, to have in place procedures that independently confirm that the human rights of those vulnerable patients are being applied in the same way as any other human being. This article discusses the background and basis for the Supreme Court's decision in Cheshire West and its impact on vulnerable patients.

  13. Child health in the workplace: the Supreme Court in Hammer v. Dagenhart (1918).

    Science.gov (United States)

    Berger, L R; Johansson, S R

    1980-01-01

    Exploitation of children in the labor force at the beginning of this century gave rise to a national campaign leading to congressional passage of the Keating-Owen Act in 1916. The act prohibited from interstate commerce goods produced in factories or mines that employed children who either were under fourteen years of age or who were under sixteen years of age and worked more than eight hours a day. Despite its popular support, the Act was declared unconstitutional by the Supreme Court in Hammer v. Dagenhart (1918). The Court's decision involved several major issues: interpretation of the Fifth and Fourteenth Amendments to the Constitution, freedom of contract, police power of the states, and the interstate commerce clause. Review of previous Court decisions suggests that the justices were on less than solid legal ground in reaching their decision. Examination of the historical context of the decision, however, suggests other factors that may have played a more important role than judicial precedents. The debate prompted by Hammer v. Dagenhart has much relevance to such current issues as young agricultural workers, sex discrimination in industry, and the powers of the federal government vis-a-vis states and individual citizens.

  14. Violent Video Games and the Supreme Court: Lessons for the Scientific Community in the Wake of Brown v. Entertainment Merchants Association

    Science.gov (United States)

    Ferguson, Christopher J.

    2013-01-01

    In June 2011 the U.S. Supreme Court ruled that video games enjoy full free speech protections and that the regulation of violent game sales to minors is unconstitutional. The Supreme Court also referred to psychological research on violent video games as "unpersuasive" and noted that such research contains many methodological flaws.…

  15. Retirement and death in office of U.S. Supreme Court justices.

    Science.gov (United States)

    Stolzenberg, Ross M; Lindgren, James

    2010-05-01

    We construct demographic models of retirement and death in office of U.S. Supreme Court justices, a group that has gained demographic notice, evaded demographic analysis, and is said to diverge from expected retirement patterns. Models build on prior multistate labor force status studies, and data permit an unusually clear distinction between voluntary and "induced" retirement. Using data on every justice from 1789 through 2006, with robust, cluster-corrected, discrete-time, censored, event-history methods, we (1) estimate retirement effects of pension eligibility, age, health, and tenure on the timing of justices' retirements and deaths in office, (2) resolve decades of debate over the politicized departure hypothesis that justices tend to alter the timing of their retirements for the political benefit or detriment of the incumbent president, (3) reconsider the nature of rationality in retirement decisions, and (4) consider the relevance of organizational conditions as well as personal circumstances to retirement decisions. Methodological issues are addressed.

  16. Modernizing "San Antonio Independent School District v. Rodriguez": How Evolving Supreme Court Jurisprudence Changes the Face of Education Finance Litigation

    Science.gov (United States)

    Saleh, Matthew

    2011-01-01

    This article aims to "modernize" the current legal debate over inequitable public school funding at the state and local level. The 1973 Supreme Court case of "San Antonio Independent School District v. Rodriguez" established precedent, allowing for property-tax based education funding programs at the state-level--a major source…

  17. The Three Faces of Power: The U.S. Supreme Court's Legitimization of School Authority's Parental, Police, and Pedagogic Roles.

    Science.gov (United States)

    Ehrensal, Patricia A.

    2003-01-01

    Examines legal and ethical ramifications of three roles of school authorities (agents-of-state, custodial, tutelary) legitimated in two Supreme Court decisions: "New Jersey v. T.L.0." (search and seizure) and "Vernonia v. Action" (drug use testing). (Contains 34 references.)(PKP)

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

    Directory of Open Access Journals (Sweden)

    Mutiara Hikmah

    2013-09-01

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

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

    Directory of Open Access Journals (Sweden)

    Hjalmar Punla Hernandez

    2017-09-01

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

  20. LOSING BATTLES AND WINNING WARS: FRANKLIN ROOSEVELT AND THE FIGHT TO TRANSFORM THE SUPREME COURT, 1937 - 1941

    Directory of Open Access Journals (Sweden)

    Harvey G. Hudspeth

    1999-01-01

    Full Text Available This paper examines the dramatic rise of the Roosevelt Court between the years 1937 and 1941. Having gone through his first term of office without a single Supreme Court appointment, Franklin Roosevelt was to be given the opportunity during his second term to make no less than five nominations with an additional four coming in his third term. Initially, however, he was to face great controversy; first with his notorious “Court Packing” scheme of 1937, followed quickly by revelations that his first Court appointee, Hugo Black, had once been affiliated with the Ku Klux Klan. Weathering these early defeats, however, Franklin Roosevelt ultimately won his war against the “Nine Old Men” to turn the Court towards economic liberalism. This paper traces the course of Roosevelt’s struggle, his early losses, and his ultimate victory.

  1. From the American Civil War to the War on Terror: Three Models of Emergency Law in the United States Supreme Court

    DEFF Research Database (Denmark)

    Hartz, Emily

    the Supreme Court justices have to grapple in these cases are therefore as philosophical as they are legal. In this book the Court's arguments are systematized according to categories informed by constitutional law as well as classic philosophical discussions of the problem of emergency. On this basis......This book offers a systematic and comprehensive account of the key cases that have come to shape the jurisprudence on emergency law in the United States from the Civil War to the War on Terror. The legal questions raised in these cases concern fundamental constitutional issues such as the status...... of fundamental rights, the role of the court in times of war, and the question of how to interpret constitutional limitations to executive power. At stake in these difficult legal questions is the issue of how to conceive of the very status of law in liberal democratic states. The questions with which...

  2. The embryo research debate in Brazil: from the National Congress to the Federal Supreme Court.

    Science.gov (United States)

    Cesarino, Letícia; Luna, Naara

    2011-04-01

    New forms of life produced by biomedical research, such as human embryonic stem cells (hESC), have been the object of public debate beyond the scientific fields involved. This article brings to light the case of Brazil, where recently passed federal legislation has authorized research with in vitro human embryos. It focuses on the legislative debate in the Brazilian National Congress between 2003 and 2005 on the Biosafety Bill of Law, which cleared for hESC research a certain share of supernumerary and unviable human embryos frozen in the country's assisted reproduction clinics. The passing of this Bill triggered other public reactions, chiefly a Direct Action of Unconstitutionality in Brazil's Federal Supreme Court. This study adopts an anthropological perspective for describing and analyzing the chief arguments in both debates, in terms of how the notion of 'life' was deployed and negotiated by contending parties. If, on the one hand, the definition of life appeared firmly attached to a conception of both the in vitro embryo and the fetus as a human person, on the other a movement towards breaking down life along utilitarian lines was found when the potential beneficiaries of stem cell therapy came into the equation. In all cases, however, notions of life were negotiated from a hybrid continuum of (biological) facts and (religious, moral and juridical) values, and resonated in different ways with the idea of the individual as privileged mode of constructing personhood in the context of modern nation states.

  3. [Critical Study of the last jurisprudence of the Supreme Court on requirements and guarantees regarding DNA sampling from suspects].

    Science.gov (United States)

    de Hoyos Sancho, Montserrat

    2012-01-01

    A critical study will be made of recent jurisprudence of Spanish Supreme Court in relation to the principal requirements that current legislation establishes for so-called "DNA testing", specially in connection with the rules on lawful evidence. In particular, the various hypotheses and circumstances that might concur in the collection of tissue samples from the suspect will be analyzed, as well as questions relating to the need, or otherwise, of legal assistance during such an act.

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

    International Nuclear Information System (INIS)

    Anon.

    2010-01-01

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

  5. 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.

  6. Suggestive eyewitness identification procedures and the Supreme Court's reliability test in light of eyewitness science: 30 years later.

    Science.gov (United States)

    Wells, Gary L; Quinlivan, Deah S

    2009-02-01

    The U.S. Supreme Court's ruling concerning suggestive eyewitness identification procedures (Manson v. Braithwaite, 1977, 432 U.S. 98) has not been revisited by the Court in the intervening 30+ years. Meanwhile, scientific studies of eyewitnesses have progressed and DNA exonerations show that mistaken identification is the primary cause of convictions of the innocent. We analyzed the two-inquiry logic in Manson in light of eyewitness science. Several problems are discussed. Ironically, we note that suggestive identification procedures (determined in the first inquiry) boost the eyewitnesses' standing on three of the five criteria (used in the second inquiry) that are used to decide whether the suggestive procedures were a problem. The net effect undermines safeguards intended by the Court and destroys incentives to avoid suggestive procedures.

  7. Using science to influence the Supreme Court on the right to refuse treatment: amicus curiae briefs in Washington v. Harper.

    Science.gov (United States)

    Schwartz, H I; Boland, R

    1995-01-01

    The Supreme Court's use of empirical behavioral science data has grown dramatically in the 40 years since Brown v. Board of Education. Most of these data are submitted in amicus curiae (friend of the court) briefs submitted by parties with an interest in the outcome of the significant mental health law cases coming before the court. The increasing use of such briefs raises important questions. Is there evidence that the court is actually influenced by such briefs? Can scientific/professional organizations present scientific data objectively in a clearly adversarial document? A review of the nine amicus briefs filed in Washington v. Harper, a right to refuse treatment case, and a comparison of the Court's opinion with that of the dissent demonstrate that both the majority and the dissent refer to arguments contained in the briefs, incorporate elements of these arguments, and occasionally paraphrase references cited in the briefs. It remains unclear whether the Court uses such arguments to formulate opinions or to justify them. A comparison of the briefs presented by the American Psychological Association and the American Psychiatric Association highlights the challenge to scientific objectivity inherent in participation in the amicus process.

  8. Tempos de espera no Supremo Tribunal Federal Waiting times in the Brazilian Supreme Court

    Directory of Open Access Journals (Sweden)

    Claudio Weber Abramo

    2010-12-01

    Full Text Available Expõe-se um método de medir o desempenho de magistrados na decisão de processos judiciais. A estratégia é usada para construir uma ferramenta de monitoramento voltada para o Supremo Tribunal Federal brasileiro. A medida de tempos médios de espera na decisão de causas que tramitam na Corte pode ajudar na formulação de intervenções administrativas destinadas a reduzi-los. A comparação entre as médias observadas em diferentes classes processuais e ramos do Direito pode ajudar a compreender melhor os fatores subjetivos em jogo nas decisões judiciais. A comparação dos desempenhos de magistrados individuais ajuda a melhorar o sistema pelo uso de penalidades reputacionais. A partir do método constata-se que juízes reagem a processos judiciais da mesma forma que sistemas biológicos, mecânicos e eletrônicos reagem a estímulos. A forma assumida pelas distribuições de tempo de decisão medidas ajuda a explicar o pessimismo das percepções populares a respeito da celeridade do judiciário.A method for measuring and monitoring the numerical performance of judges in deciding cases is presented. The strategy has been used to build an internet monitoring tool aimed at the members of the Brazilian Supreme Court. Measuring the expectations for judicial cases to be decided permits drafting administrative interventions aimed at reducing waiting times. Comparing expectations according to types of cases may help to better understand the subjective factors that are in play in judicial decisions. Comparing individual magistrates' performances helps to improve the system by using reputational penalties. It is found that judges react to cases in the same general manner as biological, electronic and mechanical systems react to stimuli. The form of the time distributions measured helps to explain popular perceptions (pessimistic, in the case of Brazil about the judiciary's efficiency.

  9. The Civil Registry of Children Born of Surrogacy Pregnancy: An Investigation Based on Recent Spain Supreme Court Judgments

    Directory of Open Access Journals (Sweden)

    Anna Cristina de Carvalho Rettore

    2016-10-01

    Full Text Available In foreign law, there has been intense debates concerning civil registry of children born of surrogacy pregnancy, when such birth disrespects the country’s norms. Thus, based on the analysis of recent Spain Supreme Court judgments – that is, through a juridical-comparative investigation, using primary and secondary sources –, and considering that although Brazil lacks an express federal law about the issue, a Resolution of the Federal Counsel of Medicine establishing parameters is being generally applied, the paper aims to answer whether or not Brazilian registry should be facilitated for births (demonstrated as not uncommon that disregard such parameters.

  10. The Supreme Federal Court of Brazil and the law of oil; O Supremo Tribunal Federal e a Lei do petroleo

    Energy Technology Data Exchange (ETDEWEB)

    Reis, Marcio Monteiro

    2008-07-01

    The following paper aims to analyze the local oil legal framework and the Brazilian Federal Supreme Court ('STF') footprint pursuant Constitutional Amendment n. 5. Such Amendment allowed local and international companies to act in the Brazilian oil market. This paper also analyses Law 9.478, which created the National Oil Agency ('ANP') with great innovations to the market. Therefore, a historic timeline comparing the enactment of such rules 'vis-a-vis' certain issues raised before STF through Direct Actions of Unconstitutionality will be presented (author)

  11. A Study of Job Satisfaction - Comparison between the Auditors of Supreme Audit Court and CPAs. An Iranian evidence

    Directory of Open Access Journals (Sweden)

    Mahdi Salehi

    2013-06-01

    Full Text Available In the current study, the job satisfaction of the auditors from the supreme audit court and from CPAs in Iran has been compared in terms of welfare factors, development and promotion opportunities, innovation and creativity possibility, manager and colleague behaviour, job security and passing services. Research findings show that job satisfaction of CPAs depends on the promotion and development opportunities, passing services, on the job training and its quality, on the creativity and innovation possibilities and on job diversity. The results illustrates that there is no meaningful differences in terms of welfare factors, manager and colleague behaviour, job security and social position.

  12. The Issue Animal in the Perspective of the Federal Supreme Court and the "Regulatory Aspects Of Legal Status

    Directory of Open Access Journals (Sweden)

    Mery Chalfun

    2016-12-01

    Full Text Available The present work aims to analyze the legal nature of nonhuman animals in the doctrine of Animal Law, legal order and position of the Federal Supreme Court based on judgments that deal with conflict between cultural manifestation and cruelty to animals. Brazilian legislation calls for a multiplicity of positions on the legal nature of animals, which may influence positively or negatively the treatment accorded to them. It can be seen that in the STF the predominance of two understandings: anthropocentric, equivalent to good, while of another biocentric, moral consideration as to the animals and possibility of change of the legal nature.

  13. 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…

  14. Issues of Exercising the Right to Defence amid the Explanations of the Plenum of the Supreme Court of the Russian Federation

    Directory of Open Access Journals (Sweden)

    Oksana A. Voltornist

    2016-04-01

    Full Text Available The article analyzes the explanations of the Plenum of the Supreme Court No. 29 dated June 30, 2015 “On application of laws by the courts ensuring the right to defense in criminal proceedings”. The author details the applied aspects of certain provisions of the aforementioned document within the criminal procedure legislation and estimates their significance for the judicial and investigative practice

  15. Activist Infighting among Courts and Breakdown of Mutual Trust? The Danish Supreme Court, the CJEU, and the Ajos Case

    DEFF Research Database (Denmark)

    Neergaard, Ulla; Sørensen, Karsten Engsig

    2017-01-01

    showed that it too had an activist streak. Thus, both Courts were quite imaginative in trying to mould the central issues as falling within their exclusive jurisdiction. As a consequence of the judgments, parts of EU law are not, it appears, fully part of Danish law, but unfortunately the full...... implications and therefore the remedy are far from certain. While both judgments appear to reflect a lack of mutual trust between the two courts, they also expose a range of highly significant issues of wide importance. To understand both what went wrong in the judicial dialogue and the wider issues at stake...... comity in accordance with the hierarchy of norms established by virtue of EU law....

  16. Comparative Supreme Justice

    Directory of Open Access Journals (Sweden)

    Ditlev Tamm

    2011-12-01

    Full Text Available This article deals with the great variety of Supreme Courts in the world today and presents some selected courts. Supreme Courts are found in most countries both as only apex courts or in a courts’ system where also supreme administrative courts or constitutional courts are found. The starting point is the variation of supreme justice in the Nordic countries where one apex court is the system of Denmark and Norway whereas administrative courts are found in Sweden and Finland. Constitutional courts stem from the European tradition and are most abundant in Europe and in countries with a civil law system but especially in Africa they are also found in common law countries. Mexico is mentioned as a specific example of a Supreme Court that has taken upon itself to be a main player in the endeavour to communicate the law to a general audience. The article is a presentation with samples of what is going to be a project on comparative supreme justice in which the position of supreme courts in the various states, the recruitment scheme and competence of the courts and other such factors will be analyzed on a global basis.

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

    Directory of Open Access Journals (Sweden)

    Debora Diniz

    2008-08-01

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

  18. The US Supreme Court in Mayo v. Prometheus - Taking the fire from or to biotechnology and personalized medicine?

    DEFF Research Database (Denmark)

    Minssen, Timo; Nilsson, David

    2012-01-01

    On 20 March 2012, the US Supreme Court handed down its much awaited patent eligibility- ruling in the dispute between Prometheus Laboratories Inc (“Prometheus”), acting as plaintiffs, and Mayo Medical Laboratories (“Mayo”), as alleged infringers of Prometheus’ licensed patents. This case review w...

  19. Does the U.S. Supreme Court's Recent Activism in Reviewing Educational Disputes Make the Attempt To Implement a Code of Professional Ethics for Educators a Vain Effort?

    Science.gov (United States)

    Petronicolos, Loucas

    This paper explores whether or not the recent increase of interest by the U.S. Supreme Court in educational disputes results in a gradual reduction in the role that professional ethics plays in educators' everyday decisions. It is argued that there are links between an educator's professional ethics and constitutional justice. The increase in…

  20. Courting the Court.

    Science.gov (United States)

    Crosby, Mary Neil

    1989-01-01

    Considers the impact of strong public opinion on the U.S. Supreme Court's decision in "Webster v. Reproductive Health Services." Points out three uses of public opinion in Supreme Court decisions and remarks on the Court's insulation from the public. Concludes that amicus curiae briefs are the one persuasive tool for influencing the…

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

    DEFF Research Database (Denmark)

    Nielsen, Ruth; Tvarnø, Christina D.

    2017-01-01

    is as follows: in section 2, we give a short description of the relevant facts and law in the Ajos-case. In section 3, we analyse the roles of the CJEU and the national courts in light of the theories of monism and dualism. Section 4 deals with interpretation. Section 5 looks into supremacy and direct...

  2. El justice Oliver Wendell Holmes : «The great dissenter» de la supreme court

    OpenAIRE

    Fernández Segado, Francisco

    2010-01-01

    La dissenting opinion es una institución que ha sido a lo largo de dos siglos el sello del Poder Judicial en Norteamérica. El nombramiento de John Marshall como Presidente del Tribunal Supremo supuso el abandono de las seriatim opinions, una herencia inglesa, y su sustitución por las opinions of the Court. Del mismo modo, las dissenting opinions iban a aparecer bajo la Corte presidida por Marshall. El Juez Oliver Wendell Holmes es considerado como el «gran disidente» del Tribun...

  3. CONVERTING THE 'RIGHT TO LIFE' TO THE 'RIGHT TO PHYSICIAN-ASSISTED SUICIDE AND EUTHANASIA': AN ANALYSIS OF CARTER V CANADA (ATTORNEY GENERAL), SUPREME COURT OF CANADA.

    Science.gov (United States)

    Chan, Benny; Somerville, Margaret

    2016-01-01

    In its landmark decision Carter v Canada (Attorney General), the Supreme Court of Canada ruled that the criminal prohibition on physician-assisted suicide and euthanasia for certain persons in certain circumstances violated their rights to life, liberty, and security of the person in sec. 7 of the Canadian Charter of Rights and Freedoms and thus was unconstitutional. The Supreme Court in effect overruled its earlier decision, Rodriguez v British Columbia (Attorney General), which upheld the prohibition as constitutionally valid, on the basis of changes in Charter jurisprudence and in the social facts since Rodriguez was decided. We argue that the Supreme Court's Carter decision shows conceptual disagreements with its Rodriguez decision concerning the nature and scope of the sec. 7-protected interests and the accompanying principles of fundamental justice. Not only do these conceptual differences have little to do with the changes that the Court in Carter invoked for 'revisiting' Rodriguez, the Court's articulation of the sec. 7 interests, particularly the right to life, and the principles of fundamental justice, especially the principle of over breadth, are problematic on their own terms. Furthermore, the way in which the Court dealt with evidence regarding abuses in permissive jurisdictions is also subject to criticism. We recommend that if, as now seems inevitable, legislation is introduced, it should mandate that assisted suicide and euthanasia be performed by specially licensed non-medical personnel and only on the authorization of a Superior Court judge. We also reject the key recommendations recently issued by the Provincial-Territorial Expert Advisory Group on Physician-Assisted Dying. © The Author 2016. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

  4. Political and Media Factors in the Evolution of the Media’s Role in U.S. Supreme Court Nominations

    Directory of Open Access Journals (Sweden)

    Richard Davis

    2014-10-01

    Full Text Available The selection of U.S. Supreme Court justices has become a highly media-oriented process both in the presidential selection and Senate confirmation stages. In the former stage, the White House uses the media to signal consideration of certain nominees, while interest groups publicly pressure the president to appoint favoured candidates or threaten confirmation fights over unacceptable candidates. In the confirmation stage, the White House, and nominee supporters, battle nominee opponents through image-making strategies intended to shape media coverage of the nominee. This paper will describe and explain the role of the media in the current nomination process, briefly assess why the media’s role has evolved in the past half century, and also predict how those roles would be changed under differing reform scenarios for Supreme Court nominations. La selección de los magistrados de la Corte Suprema de Estados Unidos se ha convertido en un proceso muy influenciado por los medios de comunicación, tanto en la elección presidencial como en las etapas de confirmación del Senado. En la primera etapa, la Casa Blanca utiliza los medios de comunicación para señalar los candidatos que se están considerando, mientras que los grupos de interés presionan públicamente al presidente para que designe a sus candidatos de su preferencia, o amenaza con luchas ante la confirmación de candidatos no afines. En la fase de confirmación, la Casa Blanca y los partidarios del magistrado seleccionados se enfrentan a sus oponentes a través de una estrategia de creación de imagen, para determinar la cobertura mediática del candidato. Este artículo describe y explica el papel de los medios de comunicación en el proceso actual de nombramiento, evalúa brevemente por qué el papel de los medios de comunicación ha evolucionado en el último medio siglo, y también predice cómo cambiaría este papel ante diferentes escenarios de reforma del proceso de nombramiento

  5. Amicus brief in Ariosa v. Sequenom: Why the U.S. Supreme Court should grant the petition for a writ of certiorari

    DEFF Research Database (Denmark)

    Minssen, Timo

    2016-01-01

    as amici curiae, adds a European perspective to the many amicus briefs that have been submitted in support of Sequenom’s petition for certiorari to the United States Supreme Court. Sequenom’s petition in Case No. 15-1182 was filed on March 21, 2016 and seeks review of the Federal Circuit’s controversial...... the mitigating effects of other patentability requirements, we fear that the Federal Circuit’s overly rigid approach to claims eligibility decision might jeopardize the development of new therapies in an increasingly important area of modern medicine. As most Bill of Health readers know, the US Supreme Court has......, but these are addressed at different levels. In contrast to Europe, the CAFC has interpreted the uncodified exception as part of a “threshold test” for patent-eligibility applied before other patentability requirements can be assessed. A strict and coherent application of these requirements, however, would invalidate...

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

    Directory of Open Access Journals (Sweden)

    Francesco Paolo Busardò

    2014-01-01

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

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

    Science.gov (United States)

    Reddy, V

    1999-01-01

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

  8. Judicialization of Health in Pernambuco After Public Hearing No. 4 the Federal Supreme Court: An Analysis of Quantitative Judiciary of Acting in Law Warranty Social Health

    Directory of Open Access Journals (Sweden)

    Lívia Dias Barros

    2016-12-01

    Full Text Available Recognizing the importance of the judiciary as a tool to the effectiveness of social rights, including human rights, especially the right to health, this study aimed to present a study of the health legalization process in the state of Pernambuco relating to the direct effects and indirect Public Hearing paragraph 4 of the Supreme Court, between the years 2009-2014, using the measurement from the likelihood the analysis of judgments, obtaining approximate results and not an absolute truth, allowing you to see a trend about supply of medicine through the courts.

  9. Application of principles of European law in the Supreme Court of Estonia : [doktoritöö] / Carri Ginter ; juhendaja: Raul Narits

    Index Scriptorium Estoniae

    Ginter, Carri, 1978-

    2008-01-01

    Kaitses Tartus 01. 07. 2008. a.. - Koosneb artiklitest: Access to courts for branches - some thoughts under Estonian and EC law // European competition law review : ECLR (2004) nr. 11, lk. 708-715 ; Constitutional review and EC law in Estonia // European Law Review (2006) nr. 6, lk. 912-923 ; Effective implementation of the Trade Mark Directive in Estonia // European competition law review : ECLR (2007) nr. 6, lk. 337-345 ; Procedural issues relating to EU law in the Estonian Supreme Court // Juridica International. XII. Tartu, 2007, lk. 67-79

  10. Judicial Competence, Processual Abundance and Selective Judgement: An Analysis of the Construction of Judicial Role of the Supreme Court in the Brazilian’s 1998 Constitution

    Directory of Open Access Journals (Sweden)

    Daniel Barile da Silveira

    2016-10-01

    Full Text Available The purpose of this article is: a understand how was the distribution of constitutional powers of the Supreme Court in the light of legacy brought by the 88’s Constitution; ii identify how is the use of these skills in order to indicate predominance, successes and difficulties of your procedural management. From the theoretical understanding of its constitutional powers, contrasted in the face of extracted usual judicial practice of quantitative studies on its procedural flow, we seek to understand what were the paths that constructed the Court's competence profile in the first quarter century (1988- 2012.

  11. Violent video games and the Supreme Court: lessons for the scientific community in the wake of Brown v. Entertainment Merchants Association.

    Science.gov (United States)

    Ferguson, Christopher J

    2013-01-01

    In June 2011 the U.S. Supreme Court ruled that video games enjoy full free speech protections and that the regulation of violent game sales to minors is unconstitutional. The Supreme Court also referred to psychological research on violent video games as "unpersuasive" and noted that such research contains many methodological flaws. Recent reviews in many scholarly journals have come to similar conclusions, although much debate continues. Given past statements by the American Psychological Association linking video game and media violence with aggression, the Supreme Court ruling, particularly its critique of the science, is likely to be shocking and disappointing to some psychologists. One possible outcome is that the psychological community may increase the conclusiveness of their statements linking violent games to harm as a form of defensive reaction. However, in this article the author argues that the psychological community would be better served by reflecting on this research and considering whether the scientific process failed by permitting and even encouraging statements about video game violence that exceeded the data or ignored conflicting data. Although it is likely that debates on this issue will continue, a move toward caution and conservatism as well as increased dialogue between scholars on opposing sides of this debate will be necessary to restore scientific credibility. The current article reviews the involvement of the psychological science community in the Brown v. Entertainment Merchants Association case and suggests that it might learn from some of the errors in this case for the future. (c) 2013 APA, all rights reserved.

  12. Fighting addiction's death row: British Columbia Supreme Court Justice Ian Pitfield shows a measure of legal courage

    Directory of Open Access Journals (Sweden)

    Small Dan

    2008-10-01

    Full Text Available Abstract The art in law, like medicine, is in its humanity. Nowhere is the humanity in law more poignant than in BC Supreme Court Justice Ian Pitfield's recent judgment in the legal case aimed at protecting North America's only supervised injection facility (SIF as a healthcare program: PHS Community Services Society versus the Attorney General of Canada. In order to protect the SIF from politicization, the PHS Community Services Society, the community organization that established and operates the program, along with two people living with addiction and three lawyers working for free, pro bono publico, took the federal government of Canada to court. The courtroom struggle that ensued was akin to a battle between David and Goliath. The judge in the case, Justice Pitfield, ruled in favour of the PHS and gave the Government of Canada one year to bring the Controlled Drugs and Substances Act (CDSA into compliance with the country's Charter of Rights and Freedoms. If parliament fails to do so, then the CDSA will evaporate from enforceability and law in June of 2009. Despite the fact that there are roughly twelve million intravenous drug addiction users in the world today, politics andprejudice oards harm reduction are still a barrier to the widespread application of the "best medicine" available for serious addicts. Nowhere is this clearer than in the opposition by conservative Prime Minister Stephen Harper and his faithful servant, federal health minister Tony Clement, towards Vancouver's SIF ("Insite". The continued angry politicization of addiction will only lead to the tragic loss of life, as addicts are condemned to death from infectious diseases (HIV & hepatitis and preventable overdoses. In light of the established facts in science, medicine and now law, political opposition to life-saving population health programs (including SIFs to address the effects of addiction is a kind of implicit capital punishment for the addicted. This commentary

  13. An analysis of causative factors in closed criminal medical malpractice cases of the Taiwan Supreme Court: 2000-2014.

    Science.gov (United States)

    Wu, Kuan-Han; Cheng, Shih-Yu; Yen, Yung-Lin; Wu, Chien-Hung; Tsai, Ming-Ta; Cheng, Fu-Jen

    2016-11-01

    Most medical malpractice in Taiwan leads to criminal prosecution. This study examined the epidemiologic factors and clinical errors that led to medical malpractice convictions in Taiwanese criminal prosecutions. A retrospective, 15-year population-based review of criminal Supreme Court judgments pertaining to medical malpractice against physicians and nurses was conducted. Eighty-four cases were reviewed, yielding data that included the number and specialty involved, accused hospitals, the diagnosis, the time interval between incidents to closure, result of adjudication, the origin of cases (private vs. public prosecution), the result of medical appraisal, and the primary error. Overall, the cases averaged 7.6years to achieve final adjudication. Seventy-five percent were settled in favor of the clinician; twenty-three physicians and three nurses were found guilty, but all of these avoided imprisonment via probation or replacement with forfeit. The single most risky specialty was emergency medicine (22.6% of the cases), with 36.8% of those resulting in guilty verdicts. The most common diagnosis groups were infectious diseases (23.8%), intracranial hemorrhages (10.7%), and acute coronary syndrome (9.5%). Public prosecutions had a 41.2% conviction rate; no guilty verdicts resulted from private prosecution. Nineteen (22.6%) cases were commuted, and 73.7% of those had a controversial appraisal result. The characteristics of criminal malpractice prosecution in Taiwan that could be improved to relieve the stress of frivolous lawsuits on the judicial process include lengthy jurisdiction process; low public-prosecution conviction rate; frequent commuted jurisdiction related to a controversial appraisal; and zero imprisonment rate for clinicians. Copyright © 2016 Elsevier Ireland Ltd. All rights reserved.

  14. Do recent US Supreme Court rulings on patenting of genes and genetic diagnostics affect the practice of genetic screening and diagnosis in prenatal and reproductive care?

    Science.gov (United States)

    Chandrasekharan, Subhashini; McGuire, Amy L.; Van den Veyver, Ignatia B.

    2015-01-01

    Thousands of patents have been awarded that claim human gene sequences and their uses, and some have been challenged in court. In a recent high-profile case, Association for Molecular Pathology, et al. vs. Myriad Genetics, Inc., et al., the United States Supreme Court ruled that genes are natural occurring substances and therefore not patentable through “composition of matter” claims. The consequences of this ruling will extend well beyond ending Myriad's monopoly over BRCA testing, and may affect similar monopolies of other commercial laboratories for tests involving other genes. It could also simplify intellectual property issues surrounding genome-wide clinical sequencing, which can generate results for genes covered by intellectual property. Non-invasive prenatal testing (NIPT) for common aneuploidies using cell-free fetal (cff) DNA in maternal blood is currently offered through commercial laboratories and is also the subject of ongoing patent litigation. The recent Supreme Court decision in the Myriad case has already been invoked by a lower district court in NIPT litigation and resulted in invalidation of primary claims in a patent on currently marketed cffDNA-based testing for chromosomal aneuploidies. PMID:24989832

  15. Do recent US Supreme Court rulings on patenting of genes and genetic diagnostics affect the practice of genetic screening and diagnosis in prenatal and reproductive care?

    Science.gov (United States)

    Chandrasekharan, Subhashini; McGuire, Amy L; Van den Veyver, Ignatia B

    2014-10-01

    Thousands of patents have been awarded that claim human gene sequences and their uses, and some have been challenged in court. In a recent high-profile case, Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al., the US Supreme Court ruled that genes are natural occurring substances and therefore not patentable through 'composition of matter' claims. The consequences of this ruling will extend well beyond ending Myriad's monopoly over BRCA testing and may affect similar monopolies of other commercial laboratories for tests involving other genes. It could also simplify intellectual property issues surrounding genome-wide clinical sequencing, which can generate results for genes covered by intellectual property. Non-invasive prenatal testing (NIPT) for common aneuploidies using cell-free fetal (cff) DNA in maternal blood is currently offered through commercial laboratories and is also the subject of ongoing patent litigation. The recent Supreme Court decision in the Myriad case has already been invoked by a lower district court in NIPT litigation and resulted in invalidation of primary claims in a patent on currently marketed cffDNA-based testing for chromosomal aneuploidies. © 2014 John Wiley & Sons, Ltd.

  16. O poder dos juízes: Supremo Tribunal Federal e o desenho institucional do Conselho Nacional de Justiça The power of judges: the Supreme Court and the institutional design of the National Council of Justice

    Directory of Open Access Journals (Sweden)

    Ernani Carvalho

    2013-03-01

    constitutional amendment number 45 was a CNJ directed by members of the Brazilian Court. To achieve it we use a review of literature and data analysis. The argument is developed from the logic of approving institutional design CNJ tied to the interests of the STF is the best strategy to be developed by the members of the Court. This can be explained by: 1 The judges of the Supreme Court are important political actors; 2 The existence of judicial independence guaranteed by institutional prerogatives; 3 Political systems with a high degree of fragmentation increases the likelihood of judges (STF to approve their interests; 4 the existence of the mechanism of judicial review extends the degree of influence of the Supreme Courts and 5 Finally, the existence of informal mechanisms of persuasion facilitate the success of the judges of the Supreme Court. From the case study we conclude that: the Brazilian institutional design and the fragmented political system generated a powerful Supreme Court (STF which is responsible for centralized the judicial policy-making. The STF becoming, in this respect, a third chamber of the decision-making process.

  17. Climate Change Hysteria and the Supreme Court: The Economic Impact of Global Warming on the U.S. and the Misguided Regulation of Greenhouse Gas Emissions under the Clean Air Act

    OpenAIRE

    Johnston, Jason Scott

    2008-01-01

    In the spring of 2007, the U.S. Supreme Court ruled in Massachusetts v. EPA that the U.S. Environmental Protection Agency (EPA) must promulgate automobile tailpipe C02 emission standards under Section 202 of the Clean Air Act (CAA). American environmentalists hailed the Supreme Court's decision as an important victory in the battle to curb global warming. This article argues to the contrary that: 1) a large body of economic work demonstrates that the likely pattern of costs and benefits from ...

  18. O Supremo Individual: mecanismos de atuação direta dos Ministros sobre o processo político / The Supreme Individuals: how Brazilian Supreme Court Justices can directly influence the political process

    Directory of Open Access Journals (Sweden)

    Diego Werneck Arguelhes

    2016-07-01

    Full Text Available Resumo: Estudos e críticas à participação do Supremo Tribunal Federal na vida política nacional costumam assumir, ainda que implicitamente, que a decisão do tribunal a ser analisada ou criticada é obtida após um processo decisório interno colegiado. Mesmo que esse processo seja imperfeito, ele é visto como condição necessária para que os inputs individuais dos Ministros possam produzir efeitos relevantes sobre o mundo fora do tribunal. Neste trabalho, mostramos que os Ministros do STF podem agir individualmente, sem passar pelo colegiado, de modo a produzir efeitos sobre o comportamento de atores externos ao tribunal. Mapeamos conceitualmente esse tipo de poder individual, a partir de um marco teórico da análise institucional, para então identificar alguns exemplos na prática decisória do tribunal: a antecipação de posições na imprensa, o uso de pedidos de vista de longa duração e o uso de decisões monocráticas para avançar posições jurisprudenciais. Com base nesses três exemplos, apontamos e discutimos algumas implicações da existência desses poderes individuais para estudos sobre judicialização da política e comportamento judicial. Em especial, destacamos os problemas normativos que surgem quando se reconhece a possibilidade de que uma ação judicial internamente minoritária (isto é, uma ação que não expressa a preferência da maioria dos Ministros produza resultados externamente contramajoritários. Palavras-chave: Supremo Tribunal Federal; Poderes Individuais; Comportamento Judicial; Processo Decisório; Análise Institucional.                                                 Abstract: Existing studies on the Brazilian Supreme Federal Court tend to assume, even if implicitly, that decisions they analyze are the outcome of an internal, collective decision-making process. Even when this process is criticized as problematic in itself, it is seen as a necessary condition for the

  19. AXIOLOGY ARBITRATION VALUE RULING IN THE CASE SETTLEMENT TRADE (Case Study Decision Of Supreme Court Number : 199 K / Pdt.Sus / 2012

    Directory of Open Access Journals (Sweden)

    Safrin Salam

    2016-12-01

    Full Text Available The existence of the Indonesian National Arbitration Board (BANI in Indonesia that still exist to this day is one manifestation of diakomodasinya patterns of dispute resolution outside the court. Legal Considerations Application Reasons Cancellation Arbitral Article 70 of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution in Supreme Court Decision No. 199 K / Pdt.Sus / 2012 Relation Ensure Legal Certainty In the disputing parties are legal considerations of the cancellation decision was not all acceptance or rejection of the cancellation request arbitration decision based on legal grounds contained in Article 70 of Law No. 30 of 1999. Act No. 30 of 1999 on the ADR needs to be improved, especially the explanation of article 60 and article 70 which could lead to legal uncertainty for justice seekers among businesses in the dispute and the opportunity loss of trust businesses to resolve the dispute out of court through arbitration institution (the Arbitration Tribunal Ad-Hoc, BANI, etc.

  20. Rooster fighting, animal rights and the environment for the brazilian federal supreme court – a review of the adi 1856/rj

    Directory of Open Access Journals (Sweden)

    Carolina Carneiro Lima

    2015-12-01

    Full Text Available The present paper realized an analysis of the articulated issues and the decision rendered by the Supreme Court in ADI 1856/RJ that discusses the legal validity of the Law enacted by the state of Rio de Janeiro that regulates the practice of the rooster fighting. The standard was declared unconstitutional by the reason of the cruelty, which is subjected the combatant race birds. The decision had as a parameter the principle of human dignity and the constitutional determination that the environment must be protected by the government and by the community. The study is realized under the anthropocentric conception. The goal is to analyze the issue of cruelty against the animals and the protection of the man against the loss of their own dignity with violent actions. For the study, the deductive method was used, by the means bibliographic search to answer the problem that has its heart in reason to protect animals from cruel acts.

  1. O supremo tribunal federal e a cidadania à luz da influência comunitarista The federal supreme court and the citizenship in the light of the communitarism influence

    Directory of Open Access Journals (Sweden)

    Julia Maurmann Ximenes

    2010-06-01

    Full Text Available A constituição de 1988 atribuiu ao supremo um desenho institucional que reflete uma valorização do texto constitucional e uma tentativa de aproximação do exercício da cidadania na linha de uma democracia participativa, à luz da teoria filosófica-política do comunitarismo. Contudo, é possível perceber elementos que acarretaram uma crise de identidade no exercício das atividades do supremo. Essa crise de identidade se intensifica com o instituto do amicus curiae questionando o papel como tribunal constitucional propriamente dito.The 1988 constitution conferred to the supreme court an institutional design that reflects a valorization of the constitutional text and an effort to bring it near to a citizenship practice due to a participative democracy movement, in the light of the of the communitarian philosophical-political theory. However, it is possible to see elements that unloose an identity crisis on the activities done by the supreme. This identity crisis is sharpened by the institute of the amicus curiae, questioning the role as a constitutional tribunal itself.

  2. Women’s rights and minorities’ rights in Canada. The challenges of intersectionality in Supreme Court jurisprudence

    Directory of Open Access Journals (Sweden)

    Scotti Valentina Rita

    2017-12-01

    Full Text Available After a discussion of the impact of the principle of equality, entrenched in the Charters approved in Canada since the 1867 British North American Act, this essay then focuses on the related Supreme Court’s adjudications. A brief analysis of the case-law concerning gender equality is followed by the discussion of cases of Aboriginal and Muslim women with the aim of assessing whether intersectionality represents for these groups of women a source of double discrimination. Brief concluding remarks discuss the challenges deriving from the different options for accommodating the principle of equality with cultural rights.

  3. 'War of Courts' as a clash of legal cultures: rethinking the conflict between the Polish Constitutional and Supreme Court over 'interpretive judgements'

    NARCIS (Netherlands)

    Mańko, R.; Geisler, A.; Hein, M.; Hummel, S.

    2014-01-01

    Since 1986, Poland has had its Constitutional Court (TK), placed outside the structure of ordinary judiciary. Since 1993, the TK has been issuing ‘interpretive judgments’ in which it decides that a certain statutory rule is constitutional only under a certain interpretation. On numerous occasions

  4. Ohio Supreme Court Review: Tanner v. Loyal Order of Moose: Unincorporated Associations Are Liable for Injuries to Their Members

    Science.gov (United States)

    Kappers, Alan M.

    1976-01-01

    Ohio's fraternal organizations have been protected by the common law rule that a member of such an unincorporated association cannot maintain an action against the association for personal injuries resulting from the negligent acts of its agents. In this case the court ruled that the common law ought not apply. (LBH)

  5. Applicability of SEI's Capability Maturity Model in Joint Information Technology, Supreme Command Headquarters

    OpenAIRE

    Thongmuang, Jitti.

    1995-01-01

    The Software Engineering Institute's (SEI) Capability Maturity Model (CMM) is analyzed to identify its technological and economic applicability for the Joint Information Technology (JIT), Supreme Command Headquarters, Royal Thai Ministry of Defense. Kurt Lewin's force field theory was used to analyze different dimensions of CMM's applicability for JIT's organizational environment (defined by the stakeholder concept). It suggests that introducing CMM technology into JIT is unwarranted at this ...

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

    Directory of Open Access Journals (Sweden)

    Marko Radenović

    2005-01-01

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

  7. CONVERTING THE ‘RIGHT TO LIFE’ TO THE ‘RIGHT TO PHYSICIAN-ASSISTED SUICIDE AND EUTHANASIA’: AN ANALYSIS OF CARTER V CANADA (ATTORNEY GENERAL), SUPREME COURT OF CANADA

    Science.gov (United States)

    Chan, Benny; Somerville, Margaret

    2016-01-01

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

  8. Information And Communication Technologies In The Work Of Courts

    Directory of Open Access Journals (Sweden)

    Badma V. Sangadzhiev

    2015-06-01

    Full Text Available In the present article authors consider topical issues of use of the modern is information - computer technologies in courts applicable to the sphere of realization of the rights of citizens for information of o of activity of courts.

  9. Supreme Court of the United States Syllabus: Runyon et ux., dba Bobbe's School v. McCrary et al. Certiorari to the United States Court of Appeals for the Fourth Circuit. No. 75-62. Argued April 26, 1976--Decided June 25, 1976.

    Science.gov (United States)

    Supreme Court of the U. S., Washington, DC.

    This publication presents the full text of the U.S. Supreme Court's decision in Runyon et ux., dba Bobbe's School v. McCrary et al., as written by Justice Stewart. Also included are separate concurring opinions written by Justice Powell and Justice Stevens and a dissenting opinion written by Justice White, as well as a syllabus that summarizes the…

  10. Supreme Court Position Regarding the Implementation of International Law Crimes of the Past in Spain: a Legal Analysis after Reports of the un Working Group on Enforced Disappearance, the Committee on Enforced Disappearances and the un Special Rapporteur

    Directory of Open Access Journals (Sweden)

    Javier Chinchón Álvarez

    2014-10-01

    Full Text Available Along with the undeniable importance of the case, the judgment of the Spanish Supreme Court in the trial against Judge Baltasar Garzón accused of prevarication, having declared itself competent to investigate complaints for crimes committed during the Civil War and the Franco’s regime, it has had a determining significance: from then to now, the doctrine of the High Court has been almost literally followed by the remaining Spanish courts against any complaint concerning to crimes com- mitted before the last transition to democracy in Spain. This state of affairs has been repeatedly criticized by various bodies of the United Nations, expressly by the three that have visited Spain more recently: The UN Working Group on Enforced or Involuntary Disappearances, the Committee on Enforced Disappearances and the UN Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-Repetition. In this contribution will be presented and analysed transcendent positions defended by the Supreme Court regarding the application of international law to the past crimes in Spain and especially its configuration as crimes against humanity, the legal assessment about the enforced disappearance, and the validity and application of the 1977 Amnesty Law.

  11. 我國醫療上告知說明義務之實務發展 ― 最高法院相關判決評釋 The Development of the Duty to Obtain Informed Consent in Taiwan’s Medical Jurisprudence—A Commentary on Supreme Court Cases

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    曾品傑 Pin-Chieh Jseng

    2012-06-01

    Full Text Available 本文從醫療上告知說明倫理之法律化出發,透過引介告知說明義務之契約化,以及告知說明義務之社會化議題,刻劃我國醫療上告知說明義務發展的整體容貌。本文首先敘說從古到今醫療誡命的遞嬗變遷,亦即從良知、倫理、到法律的三部曲,其次本文論證侵權法與契約法上之告知說明義務的強度有別,以及告知後同意並不豁免醫療院所抽象輕過失責任的兩個命題,據此闡述告知說明義務之契約化趨勢。此外,本文嘗試從契約上義務群的路徑,導入外行病患之合理期待的思維,並倡議從個別病患之合理期待的視角,判斷未為告知說明與身體健康受侵害間之因果關係,俾據以證立告知說 明義務之社會化現象。 The purpose of this article, which is divided into four parts, is to analyze the recent evolution of obligation of information in medical jurisprudence practice. Following an introduction relative to medical conscience, ethics and law, Part II explores the “contract law” phenomena of obligation of medical information. In one hand, study revealed that, in case of violation of obligation of information, it would be to a patient’s advantage to invoke cause of action of Informed Consent in Taiwan’s contract law, rather than to mention that in Taiwan’s tort law, in order to support his right. In the other hand, it’s important to clarify that medical performance with a patient’s consent can’t exempt the duty of good administrator both for medical care institutions and their medical personnel. Part III argued for a socialization of obligation of information in medical relationship through the acknowledgement of a patient’s reasonable attendance. In fact, the notion of a patient’s reasonable attendance would serve not only as a criterion by which a medical negligence is judged, but also as a standard used for assessing a causation

  12. PROTESTOS DO SUPREMO TRIBUNAL FEDERAL NA PRIMEIRA REPÚBLICA – O JULGAMENTO DO HABEAS CORPUS 8800 E O CONFLITO ENTRE OS PODERES JUDICIÁRIO E EXECUTIVO / PROTESTS BY THE SUPREME COURT DURING THE FIRST REPUBLIC – THE TRIAL OF HABEAS CORPUS 8800 AND THE CONFLICT BETWEEN EXECUTIVE AND JUDICIARY POWERS

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    Laila Maia Galvão

    2015-04-01

    Full Text Available This research investigates the role of the Brazilian Supreme Federal Court (Supremo Tribunal Federal – STF during the First Republic (1889-1930 from an institutional perspective, focusing especially on the conflictual relationship between the executive power and the judiciary one. It describes some episodes involving the so-called issue of protests in which that Court expressed its resentment through a public statement against the actions of the executive branch. From the detailed analysis of one of these episodes, occurred in 1923, it will be possible to demonstrate the competition for power between the Supreme Court and the Presidency.

  13. High radiofrequency radiation at Stockholm Old Town: An exposimeter study including the Royal Castle, Supreme Court, three major squares and the Swedish Parliament.

    Science.gov (United States)

    Hardell, Lennart; Carlberg, Michael; Koppel, Tarmo; Hedendahl, Lena

    2017-04-01

    Exposure to radiofrequency (RF) radiation was classified as a possible human carcinogen, Group 2B, by the International Agency for Research on Cancer at WHO in 2011. The exposure pattern is changing due to the rapid development of technology. Outdoor RF radiation level was measured during five tours in Stockholm Old Town in April, 2016 using the EME Spy 200 exposimeter with 20 predefined frequencies. The results were based on 10,437 samples in total. The mean level of the total RF radiation was 4,293 µW/m 2 (0.4293 µW/cm 2 ). The highest mean levels were obtained for global system for mobile communications (GSM) + universal mobile telecommunications system (UMTS) 900 downlink and long-term evolution (LTE) 2600 downlink (1,558 and 1,265 µW/m 2 , respectively). The town squares displayed highest total mean levels, with the example of Järntorget square with 24,277 µW/m 2 (min 257, max 173,302 µW/m 2 ). These results were in large contrast to areas with lowest total exposure, such as the Supreme Court, with a mean level of 404 µW/m 2 (min 20.4, max 4,088 µW/m 2 ). In addition, measurements in the streets surrounding the Royal Castle were lower than the total for the Old Town, with a mean of 756 µW/m 2 (min 0.3, max 50,967 µW/m 2 ). The BioInitiative 2012 Report defined the scientific benchmark for possible health risks as 30-60 µW/m 2 . Our results of outdoor RF radiation exposure at Stockholm Old Town are significantly above that level. The mean exposure level at Järntorget square was 405-fold higher than 60 µW/m 2 . Our results were below the reference level on 10,000,000 µW/m 2 established by the International Commission on Non-Ionizing Radiation Protection (ICNIRP), which, however, are less credible, as they do not take non-thermal effects into consideration and are not based on sound scientific evaluation. Our highest measured mean level at Järntorget was 0.24% of the ICNIRP level. A number of studies have found adverse, non-thermal (no measurable

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

    NARCIS (Netherlands)

    Brölmann, C.

    2012-01-01

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

  15. Information and memory In Federal Audit Court (1970–2004

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    Ana Lucia de Abreu Gomes

    2016-12-01

    Full Text Available Introduction: This paper presents the routes and museum institutionalization processes within institutions whose core business is not the museum. Brasilia, being the federal capital hosts a number of different natures institutions, as noted, has instituted memory spaces in its structure. For this, we chose a particular institution: the Federal Audit Court. Objective: The objective of this research is to ascertain the nature of the processes that engendered the TCU museums in an institution whose purpose is not the museum. Methodology: For this, we research and analyze existing documents in the Court of Auditors, as well as interviews were collected with ministers, employees and former employees of that court, totaling 11 interviews semi-structured nature. Results: The research has enabled us to introduce the institutionalization of an information management structure at TCU that began with the structure of the body of the file; the next three decades witnessed the empowerment of a library for the organ and in the 1970s the TCU Museum Conclusions: Through researched documentation and collected interviews, we observed that both file and the library were created as unfolding of the need for organization and retrieval of information, in view of the final activities of that Court. At the time, institutionalized to the information processing process of registration and organ memory that culminates in the creation of the Museum.

  16. KSR v. Teleflex. Part 1: Impact of U.S Supreme Court Patent Law on Canadian intellectual property and regulatory rights landscape.

    Science.gov (United States)

    Bouchard, Ron A

    2007-01-01

    In KSR, SCOTUS retooled the standard for obviousness to bring it back in line with the court's previous decisions in Hotchkiss and Graham. A comparative review of the law of obviousness in the United States and Canada, and its relation to innovation and competition, was undertaken in Sections II and III. The focal point of observed differences is the inherent creativity and inventiveness of the PHOSITA, which in turn informs several binary and highly rigid aspects of Canadian patent law relevant to a statutory determination of obviousness. While American and English skilled technicians are viewed by courts in their parent jurisdictions as inherently creative and thus able to construe the prior art both implicitly and explicitly, the Canadian PHOSITA possesses not even a "mere scintilla" of inventiveness. As such, the reference point for the obviousness analysis in Canada, but not in the U.S. or U.K., is a PHOSITA who has much less than the average level of normative creativity, who is indeed no PHOSITA at all due to a de minimus level of creativity. The result in either case is removal of the PHOSITA from the obviousness determination, contrary to the provisions of Canadian patent legislation. As such, the current test for obviousness in Canada parallels in many important aspects the Federal Circuit's much maligned pre-KSR "teaching, suggestion, motivation" test that was explicitly overturned in KSR. For reasons discussed in Section III, jurisdictional differences of this nature not only have the potential to harm Canadian inventors and firms seeking to market innovative products globally, but may also, paradoxically, inhibit strong innovation by granting weak patents in the context of permissive legislation and regulations governing the approval and marketing of medical products.

  17. Errors by the American Psychiatric Association, the American Psychological Association, and the National Educational, Association in representing homosexuality in amicus briefs about Amendment 2 to the U.S. Supreme Court.

    Science.gov (United States)

    Cameron, P; Cameron, K; Landess, T

    1996-10-01

    In October 1995, consortiums of psychiatric and educational profes sional organizations, including the American Psychological Association and the American Psychiatric Association and the National Educational Association, submitted amicus briefs to the U.S. Supreme Court asserting that the scientific literature unequivocally supports the following propositions (a) that homosexuals, including homosexual teachers, do not disproportionately molest children, (b) that children of homosexual patients are not more likely to become homosexuals, (c) that professionals agree that homosexuality is not a pathology, and (d) that homosexual attractions are biologically or genetically predetermined and are therefore beyond the control of the individual. The first two contentions are inconsistent with the scientific literature, and the second two grossly oversimplify a contentious and uncertain literature.

  18. A constituição de 1988, vinte anos depois: suprema corte e ativismo judicial "à brasileira" The Brazilian 1988 constitution twenty years on: supreme court and activism in a "Brazilian mode"

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    Marcos Paulo Verissimo

    2008-12-01

    Full Text Available Este artigo examina as transformações por que vem passando o Supremo Tribunal Federal nos últimos anos, relacionando-as à sua reconfiguração institucional ocorrida por ocasião da Constituição de 1988. essas transformações são apresentadas como respostas a um duplo fenômeno (impulsionado por essa mesma reconfiguração institucional de incremento do papel político do tribunal, por um lado, e de sobrecarga extraordinária de seu volume de trabalho, por outro. Essa tensão reflete no modelo misto de controle de constitucionalidade no Brasil e parece apontar para mudanças iminentes nesse mesmo modelo, algumas das quais já vêm sendo concebidas pelo próprio tribunal.The Brazilian Supreme Court is currently changing. This process of change seems to aim at solving a important contradiction caused by the institutional redesign of the court in the 1988 Constitution that, on the one hand, has transformed it into one of the country's major political actors, but, on the other hand, has also caused its dockets to get incredibly overloaded, forcing the court to deal with more then 100,000 cases a year. The solution for such paradox will probably lead to changes in the Brazilian mixed model of judicial review, and some of these changes are already been conceived by the jurisprudence of the court itself.

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

    Directory of Open Access Journals (Sweden)

    Veit Bader

    2010-11-01

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

  20. From lab bench to court bench: using science to inform decisions in juvenile court.

    Science.gov (United States)

    Lederman, Cindy S

    2011-09-01

    Juvenile court judges are asked to determine what is in the best interest of the child in every case they hear. As Judge Cindy S. Lederman writes, making these decisions without an awareness of the science of child development can be detrimental to the mental and physical well-being of the child. Yet until about a decade ago, court decisions were routinely made without taking into consideration the needs of toddlers and infants. The Miami Child Well-Being Court™ (MCWBC) program, a partnership of clinicians and judges, has brought science into the courtroom, making it integral to the decision-making process and working to ensure that the needs of the child are met.

  1. Page | 59 NATIONAL INDUSTRIAL COURT: COURT WITH A ...

    African Journals Online (AJOL)

    Fr. Ikenga

    Supreme Court to determine whether trade dispute suits fall within the exclusive jurisdiction of the. National .... of the President of the National Industrial Court and such numbers of judges as may be prescribed by ... concept of jurisdiction has been defined as a court's power to decide a case or issue a decree.33 It is the.

  2. "Obamacare" vor dem Supreme Court / Guy Beaucamp

    Index Scriptorium Estoniae

    Beaucamp, Guy

    2016-01-01

    USA tervishoiureformi ajaloost, 2010. a. ravikindlustusreformist ja USA ülemkohtu otsusest jätta jõusse oluline osa president Barack Obama tervishoiureformist (PPACA), hinnang kohtuotsusele ja võrdlused Saksamaaga

  3. The Supreme Court Faces the Family.

    Science.gov (United States)

    Clark, Homer H., Jr.

    1982-01-01

    Aspects of family law changed by the impact of constitutional doctrines are reviewed; included is discussion of marriage, divorce, child custody, parent/child relationships, and abortion and contraception. (MP)

  4. Recent Supreme Court decisions and licensing power.

    Science.gov (United States)

    Giordano-Coltart, Jennifer; Calkins, Charles W

    2008-02-01

    The recently decided eBay and MedImmune cases interject both reassurance and uncertainty into the present patent licensing landscape, affecting the strategic decisions to be considered during negotiations.

  5. O Supremo Tribunal e a compensação SNUC: A ADI 3.378-DF The Brazilian Supreme Court and the compensation National System of Units of Natural Environment Conservation (SNUC: the ADIN 3.378-DF

    Directory of Open Access Journals (Sweden)

    José Marcos Domingues

    2009-06-01

    Full Text Available Este texto examina e critica recente julgamento do STF, ainda não definitivo, que julga legítima a chamada compensação financeira Sistema Nacional de Unidades de Conservação da Natureza (SNUC, embora dando parcial procedência à ação direta ajuizada pela Confederação Nacional da Indústria, para " declarar a inconstitucionalidade das expressões indicadas no voto reajustado do Relator" . A ilegitimidade da previsão legal estaria no fato de que o valor da compensação em questão " é de ser fixado proporcionalmente ao impacto ambiental, após estudo em que se assegurem o contraditório e a ampla defesa" , sendo prescindível a " fixação de percentual sobre os custos do empreendimento" . A Lei nº 9.985, de 18 de julho de 2000, criou o Sistema Nacional de Unidades de Conservação, no bojo do qual se inserem as unidades do " Grupo de Proteção Integral" (art. 8º; em apoio às mesmas, a lei determina o pagamento de uma compensação, a cuja implantação e manutenção estará afetada a receita respectiva (art. 36, caput. O texto discute as possibilidades de interpretação das cláusulas gerais relativas ao caso, abordando os limites da atuação do poder jurisdicional e sugerindo o que julga ser a melhor solução para o caso concreto.This text examines and criticizes recent Brazilian Supreme Court verdict, not in definite yet, which judges legitimate the financial compensation National System of Units of Natural Environment Conservation (SNUC although giving partial origin to the direct action brought by the National Industry Confederation in order to " declare the unconstitutionality of expressions indicated in the relater's readjusted vote" . The illegitimacy of legal prevision would be in the fact that the refereed compensation value " should be fixed proportionally to the environmental impact, after study in which adversary and legal defense are asseverated, prescinded the " percentage fixation on the costs of enterprise

  6. Court of Public Opinion

    Science.gov (United States)

    Oguntoyinbo, Lekan

    2011-01-01

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

  7. Covering the Court.

    Science.gov (United States)

    Cordes, Renee

    1989-01-01

    Assesses the media coverage of U.S. Supreme Court decisions by focusing on "Webster v. Reproductive Health Services." Expresses concern that deadline pressures force the media to respond to decisions too quickly, thus misrepresenting the legal impact of these decisions to the public. Considers ways of improving media coverage of the…

  8. 6 February 2012 - Supreme Audit Institutions from Norway, Poland, Spain and Switzerland visiting the LHC tunnel at Point 5, CMS underground experimental area, CERN Control Centre and LHC superconducting magnet test hall. Delegations are throughout accompanied by Swiss P. Jenni, Polish T. Kurtyka, Spanish J. Salicio, Norwegian S. Stapnes and International Relations Adviser R. Voss. (Riksrevisjonen, Oslo; Tribunal de Cuentas , Madrid; the Court of Audit of Switzerland and Najwyzsza Izba Kontroli, Varsaw)

    CERN Multimedia

    Jean-Claude Gadmer

    2012-01-01

    6 February 2012 - Supreme Audit Institutions from Norway, Poland, Spain and Switzerland visiting the LHC tunnel at Point 5, CMS underground experimental area, CERN Control Centre and LHC superconducting magnet test hall. Delegations are throughout accompanied by Swiss P. Jenni, Polish T. Kurtyka, Spanish J. Salicio, Norwegian S. Stapnes and International Relations Adviser R. Voss. (Riksrevisjonen, Oslo; Tribunal de Cuentas , Madrid; the Court of Audit of Switzerland and Najwyzsza Izba Kontroli, Varsaw)

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

    Science.gov (United States)

    Valerio, C

    2001-01-01

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

  10. The Application of Informal International Instruments before Domestic Courts

    NARCIS (Netherlands)

    Kanetake, M.; Nollkaemper, A.

    2013-01-01

    The rigidity associated with formal international law has induced states and international organizations to resort to declarations, comments, guidelines and other "informal" international instruments. Despite their informality, many of these non-treaty instruments are adopted with the expectation

  11. Escassez de recursos, custos dos direitos e reserva do possível na jurisprudência do STF Resource limitation, cost of rights and the 'under reserve of the possibilities' clause in the Brazilian Federal Supreme Court case-law

    Directory of Open Access Journals (Sweden)

    Daniel Wei Liang Wang

    2008-12-01

    Full Text Available Este artigo analisa os temas da escassez de recursos, custos dos direitos e cláusula de reserva do possível na jurisprudência do Supremo Tribunal Federal brasileiro. Por meio do estudo dessas decisões, procuro, primeiramente, descobrir em que tipo de matéria esses temas são comumente debatidos nos julgamentos do Supremo Tribunal Federal. Em um segundo momento, procuro entender a forma como o tribunal trata esses temas em sua jurisprudência e os critérios utilizados em suas análises. Por fim, busco examinar se a análise jurídica dos ministros leva em consideração preocupações relativas às conseqüências econômicas e distributivas das decisões. A pesquisa de acórdãos foi feita com base nestes três temas: direito à saúde, direito à educação e intervenção federal por não pagamento de precatórios. Em uma primeira fase, analiso o tratamento dado aos custos dos direitos, à reserva do possível e à escassez de recursos dentro de cada um desses temas. E, em um segundo momento, cruzo os resultados obtidos em cada tema para mostrar as diferenças de tratamento.This article presents an analysis the concepts of costs of rights, resource limitation and the "under reserve of the possibilities" clause are featured in the Brazilian Federal Supreme Court case-law. By analyzing Brazilian Supreme Court's decisions, my aim is to verify, firstly, in which subjects these themes appear more frequently. Secondly, I intend to assess how this court deals with the referred themes in its case law and what are the criteria applied. finally, I attempt to examine if the judges decision making process takes into consideration economic and distributive consequences. The survey on court decisions was based on three categories of legal discussions: right to health, right to education, and federal intervention for the non-payment of judicial debts. Initially, I examine the treatment received by the concepts of costs of rights, resource limitation

  12. 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…

  13. Supreme matters: tea parties and the activism of restraint

    NARCIS (Netherlands)

    Kurzbauer, H.

    2010-01-01

    An essay on the impact of Tea Parties on the appointment of Supreme Court Justices. According to recently released statistics, one-fifth of all US citizens are Tea Party Supporters: predominately white conservatives convinced of the 'evils' of the Obama administration. Taking their cue from the

  14. GREAT BRITAIN AND GERMANY SUPREME AUDIT INSTITUTIONS

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    Dobre Cornelia

    2012-07-01

    Full Text Available Overall progress recorded in contemporary society, has increased at the same time the aspirations and expectations of the population, marked by phenomena which are based on the financial policy of the Executive. Of course, for the legislature to know the financial activity carried out by the Executive Board, in each State was established a Supreme Audit Institution (SAI, whose independence is guaranteed by the Constitution, as it is in Germany, or by law, as is the case of the United Kingdom. The variety of powers of supreme audit, is the result of various economic areas, each demonstrations through specific activities and suitable approaches to organizational cultures, which gives them their distinct identities. The work is conducted under the public responsibility with an emphasis on developing and improving continuously audit methodologies to present best practices. The two supreme institutions operate according to an annual plan of action which includes financial audit or regularity and performance auditing actions, and additional Federal Court of Audit of Germany practice preventive control institutions contained in its area of activity. By tradition, the role of supreme consists of the evaluation as regards the legality and regularity of financial management and accounting, but since the 80's but it was noticeable trend internationally to audit performance or "value for money" (United Kingdom, since the latter refers to the essence of the problem and is the final attainment of the envisaged at the time of allocation of resources. The topic researched is distinguished by originality, marked being the fact that a area so important as that of external public audit is least known works, and I wish to point out the vacuum bibliographic Supreme Audit Institutions experience in the international arena and beyond. Research methodology consists in the evaluation of resources in the area, using foreign literature. For the study of the subject of

  15. 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…

  16. Court Records Management and Efficient Administration of Justice ...

    African Journals Online (AJOL)

    This study investigated the records management practices in Nigerian courts as they affect the administration of justice in Nigeria. Focusing particularly on the Court of Appeal and the Supreme Court of Nigeria, the population of the study comprised 634 records personnel out of which 160 were purposively sampled.

  17. The Challenges of Supreme Command

    DEFF Research Database (Denmark)

    Barfoed, Jacob

    2016-01-01

    a model highlighting three central presidential roles together constituting supreme command: the supreme political leader, the supreme leader of the military, and the supreme grand strategist. In short, central is the president’s ability to act in all three roles to provide the right balance of strategic...... advisers to assist him as required. The model’s centerpiece – the unequal dialogue – is a close, continuous dialogue between the president and his civilian and military advisers, characterized by mutual respect and trust and with the president encouraging and the advisers offering candid advice, but always...

  18. O STF e a construção institucional das autoridades reguladoras do financeiro: um estudo de caso das ADIns The Brazilian Supreme Court and the institutional design of the public authorities of the National Financial System: an ADIns' empirical study

    Directory of Open Access Journals (Sweden)

    Camila Duran-Ferreira

    2009-06-01

    Full Text Available Este artigo pretende avaliar a atuação da corte constitucional brasileira, o Supremo Tribunal Federal, como verdadeiro ator no desenho institucional das autoridades reguladoras do sistema financeiro nacional, o Conselho Monetário Nacional (CMN e o Banco Central do Brasil (BCB. Sua interação com os poderes políticos, por meio do julgamento de Ações Diretas de Inconstitucionalidade (ADIns, ao longo dos últimos 20 anos, forneceu balizas jurídicas para a construção dessas autoridades. Esta pesquisa, que parte de uma análise qualitativa das decisões do Tribunal como estudo de caso, mapeou os temas e atores interessados na regulação do sistema financeiro e na estrutura dessas entidades, assim como procurou demonstrar como a atuação da corte reforçou a competência normativa desses órgãos. Ao final, este artigo delineia parâmetros para eventual edição de futura legislação, que vise regular o sistema financeiro, revogando a Lei 4594 de 1964, e conceder eventual autonomia ao Banco Central do Brasil.The purpose of this study is to analyse the manner the Brazilian Supreme Court's (Supremo Tribunal Federal - STF decisions have influenced the institutional design of the national monetary council and the Brazilian Central Bank. During the last 20 years, STF provided limits to the power of these public authorities, by judging Direct Actions of Unconstitutionality (ADIns. This research is based on empirical study that intends to identify the actors and the issues submitted to the court and how its decision enforced their power of regulating the financial system. As a result, it is possible to perceive directions to enact the law that intends to regulate the financial system and eventually to attribute the independence to the Brazilian Central Bank.

  19. Os quilombos perante o STF: a emergência de uma jurisprudência dos direitos étnicos (ADIN 3.239-9 The quilombos before Supreme Court: the emergence of an ethnic rights jurisprudency (ADIN 3.239-9

    Directory of Open Access Journals (Sweden)

    João Carlos Bemerguy Camerini

    2012-06-01

    Full Text Available O STF apreciará este ano a ADIN nº 3.239-9, na qual se discute a interpretação do direito das comunidades remanescentes de quilombos à titulação de suas terras (art. 68 do ADCT. Para além de prenunciar impactos sociais sobremodo relevantes, notadamente no mercado de terras, essa ação recoloca a Corte Suprema brasileira face aos dilemas da jurisdição constitucional, tais como a sua legitimidade democrática, o seu compromisso com a concretização dos direitos fundamentais, além da necessidade de forçá-la a perscrutar as consequências materiais de suas decisões. A partir da demonstração da tese da fundamentabilidade do direito às terras quilombolas e da crítica às teorias liberal-positivistas da jurisdição e da interpretação, este artigo visa demarcar as questões principais desse processo judicial, cujo enfrentamento se impõe, segundo métodos hermenêuticos adequados, se o tribunal quiser chegar a um provimento final efetivo, isto é, ser capaz de promover a pacificação social e promover a eficácia dos direitos fundamentais, que consubstanciam a razão última da função jurisdicional no contexto do Estado Constitucional.This year, the Brazilian Supreme Court will judge the Direct Action of Unconstitutionality 3239-9, which discusses the correct interpretation of the right of quilombo communities to their territories (article 68 of the Transitory Constitutional Provisions ACT. The decision of this process will bring social impacts, especially in the land market, and will compel the Court to face the dilemmas of constitutional jurisdiction, such as its democratic legitimacy, its commitment to the realization of fundamental rights and the problem of material consequences of hard cases decisions. Based on the thesis that the quilombo territories are fundamental rights, this text seeks to demarcate the key issues of this lawsuit, whose analysis is imposed, according to appropriate hermeneutical methods, if the Court

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

    Directory of Open Access Journals (Sweden)

    Gruodytė Edita

    2016-12-01

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

  1. The Impact of Information on Death Penalty Support, Revisited

    Science.gov (United States)

    Lambert, Eric G.; Camp, Scott D.; Clarke, Alan; Jiang, Shanhe

    2011-01-01

    In 1972, former Supreme Court Justice Marshall postulated that the public was uninformed about the death penalty and information would change their support for it. There is some indication that information about the death penalty may change people's level of support. This study re-examines data used by Lambert and Clarke (2001). Using multivariate…

  2. The Drone Court And Due Process

    Science.gov (United States)

    2016-12-01

    OSC Operational Security Court POA policy options analysis POW prisoner of war TSP Terrorist Surveillance Program xii THIS PAGE...beyond a reasonable doubt before they are subjected to punishment . In drone cases, however, no review is conducted in court before it is determined... prisoners are enemies who fall squarely within the terms of the President’s proclamation.49 The Supreme Court’s decision points out that military

  3. Beyond Judicial Intervention: Student Discipline and the Courts.

    Science.gov (United States)

    Mahon, J. Patrick

    1979-01-01

    Although the United States Supreme Court has extended certain constitutional rights to students, the Court has nevertheless held that school administrators may adopt and enforce reasonable rules and regulations to ensure the maintenance of a disruptive-free learning environment. (PKP)

  4. The Rhetoric of Right to Life: Beyond the Court's Decision.

    Science.gov (United States)

    Solomon, Martha

    The Supreme Court's 1973 decision striking down restrictive abortion laws in Texas and Georgia has significantly shaped the rhetoric of the Right to Life movement in both tone and substance. This paper explores how the Court's decision has influenced the movement's definition and development of issues. In addition, it examines the verbal and…

  5. 78 FR 51821 - Sentencing Guidelines for United States Courts

    Science.gov (United States)

    2013-08-21

    ... inserting ``However, the Supreme Court has held that the ex post facto clause applies to sentencing.... Ct. 2072, 2078 (2013) (holding that 'there is an ex post facto violation when a defendant is... ex post facto clause, in which case the court shall apply the Guidelines Manual in effect on the date...

  6. Union organizing drives dealt a blow by Supreme Court.

    Science.gov (United States)

    Stephens, D J

    1992-04-01

    The Lechmere case is important because it reaffirms that employers' property rights take precedence over the rights of nonemployees to engage in union organizing on employers' property. This is particularly important for hospitals and health care institutions because of their heightened exposure to union organizing activity after American Hospital Association v. National Labor Relations Board, discussed above. Providers should, however, remember two points. First, the principal focus of Lechmere was on union organizing by nonemployees; nothing in Lechmere limited the basic right of employees to form and join labor unions as guaranteed by Section 7 of the NLRA. Additionally, Lechmere notwithstanding, providers must be careful not to discriminate in their approach to union organizing activities--even by nonemployees. Thus, if a provider allows nonemployee groups other than unions to enter upon its property for purposes of soliciting employees and/or distributing literature, any attempt to bar nonemployee union organizers from the property would probably be deemed discriminatory and could indeed be an unfair labor practice. (In Lechmere, the employer consistently enforced a ban against all such nonemployee groups.)

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

    Science.gov (United States)

    Westeson, Johanna

    2013-08-01

    In 3 recent judgments, the European Court of Human Rights addressed the issue of access to abortion and related reproductive health services. In 2 of the judgments, the Court declared that the state violated women's rights by obstructing access to legal health services, including abortion. In so doing, it referred to the state's failure to implement domestic norms on prenatal testing and conscientious objection, and recognized the relevance of international medical guidelines. This illustrates that domestic and international medical standards can serve as critical guidance to human rights courts. In the third case, the Court showed its unwillingness to declare access to abortion a human right per se, which is troubling from the perspective of women's right to health and dignity. The present article outlines the relevance of these cases for the reproductive health profession and argues that medical professional societies can influence human rights courts by developing and enforcing medical standards, not only for the benefit of abortion rights domestically but also for the advancement of women's human rights worldwide. Copyright © 2013 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  8. COURT INTERPRETING AT DENPASAR COURT

    Directory of Open Access Journals (Sweden)

    Ida Ayu Made Puspani

    2012-11-01

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

  9. The High Court Goes to School and Finds Itself Immersed in Gay Rights, Student Searches and Renewed Controversy over Religion in the Schools.

    Science.gov (United States)

    Hayman, Robert; Kassouf, George

    1985-01-01

    The Supreme Court ruling that public school officials can search a student is examined. Two upcoming Supreme Court cases regarding whether a school board can refuse to hire a homosexual teacher and the constitutionality of an Alabama law that allows for a minute of silence for voluntary prayer or meditation are also discussed. (RM)

  10. 76 FR 34986 - Agency Procedure for Disclosure of Documents and Information in the Enforcement Process

    Science.gov (United States)

    2011-06-15

    ... not that it shall win a case, but that justice shall be done.''\\30\\ Therefore, both Constitutional.... Disclosure of Exculpatory Information A. Criminal Proceedings: The Constitutional Obligation Under Brady--the... Constitution. The seminal Supreme Court case involving the Constitutional [[Page 34987

  11. Constructing the Caribbean Court of Justice: How Ideas Inform Institutional Choices

    Directory of Open Access Journals (Sweden)

    Joris Kocken

    2012-10-01

    Full Text Available Abstract:The Caribbean Court of Justice (CCJ is a relatively new legal institution in the Caribbean. This article explores the question of where this specific way of institutionalizing conflict resolution came from and in which way its success (or lack of it can be accounted for. The authors analyse the support for and opposition to the CCJ found in four issues: economic progress, sovereignty, identity and trust. Their approach to institutionalization shows that only one of the four issues discussed – economic progress – has led to substantial and decisive support for the CCJ in its original jurisdiction as aCARICOM court. Lacking such economic drive, the other function of CCJ, which is becoming the successor of the British Privy Council as the shared regional appellate court, is still by and large withheld regional support. In general, the absence of common sovereignty, identity and trust continues to hamper regional cooperation in the Caribbean.Resumen: Construyendo la Corte de Justicia del Caribe: Cómo las ideas fundamentan las decisiones institucionalesLa Corte Caribeña de Justicia (CCJ es una institución legal relativamente nueva en el Caribe. Este artículo explora la cuestión de dónde viene esta forma específica de institucionalizar la resolución de conflictos y de qué manera su éxito (o falta de ella puede tomarse en cuenta. Los autores analizan el apoyo y la oposición a la CCJ encontrados en cuatro temas: el progreso económico, la soberanía, la identidad y la confianza. Su acercamiento a la institucionalización muestra que sólo uno de los cuatro temas tratados – el progreso económico – ha conducido a un apoyo sustancial y decisivo para la CCJ en su jurisdicción original como tribunal CARICOu. A falta de dinamismo económico, la otra función de la CCJ, la cual se convirtió en el sucesor del Consejo Privado británico como el tribunal de apelación regional compartida, sigue siendo en general el apoyo regional

  12. Court overturns ruling on housing of homeless with HIV.

    Science.gov (United States)

    1996-09-06

    The New York Court of Appeals struck down a lower court finding that New York City's shelter program for the homeless with HIV failed to promise minimum protection against tuberculosis (TB). A class action led by [name removed] claimed that people who do not fit the Federal definition of AIDS are placed in a segregated, dormitory-like area of city shelters. They share common eating and bathroom facilities. The Supreme Court's Appellate Division concluded that this arrangement was improper because it failed to protect people with HIV against the danger of contracting TB. The Court of Appeals unanimously reversed the decision.

  13. Justice White's Dissent from Court's Ruling on NCAA Control of Football Telecasts.

    Science.gov (United States)

    White, Byron R.

    1984-01-01

    The text of Justice Byron R. White's dissent from the Supreme Court's decision striking down the National Collegiate Athletic Association's control of televised college football is presented. It is suggested that the Court errs in treating intercollegiate athletics under the NCAA's control as a purely commercial venture. (Author/MLW)

  14. Review of decisions of State Courts over state matters by the ...

    African Journals Online (AJOL)

    A decision of any court in Ethiopia today can be reviewed by the Cassation Division of the Federal Supreme Court (hereinafter the Cassation Division) if it manifests a prima facie case for basic error of law and if it is a final decision and is filed within the time limit1. This article examines the scope of the Cassation Division's ...

  15. 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…

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

    Science.gov (United States)

    Masaki, Sakiko; Ishimoto, Hiroko; Asai, Atsushi

    2014-02-04

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

  17. 21 CFR 20.91 - Use of data or information for administrative or court enforcement action.

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 1 2010-04-01 2010-04-01 false Use of data or information for administrative or... HEALTH AND HUMAN SERVICES GENERAL PUBLIC INFORMATION Limitations on Exemptions § 20.91 Use of data or... the Food and Drug Administration from using any data or information, whether obtained voluntarily or...

  18. Definition of Intellectual Disability in Criminal Court Cases

    Science.gov (United States)

    Olley, J. Gregory

    2013-01-01

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

  19. Vasotocin neurons in the bed nucleus of the stria terminalis preferentially process social information and exhibit properties that dichotomize courting and non-courting phenotypes.

    Science.gov (United States)

    Goodson, James L; Rinaldi, Jacob; Kelly, Aubrey M

    2009-01-01

    Neurons within the medial bed nucleus of the stria terminalis (BSTm) that produce arginine vasotocin (VT; in non-mammals) or arginine vasopressin (VP; in mammals) have been intensively studied with respect to their anatomy and neuroendocrine regulation. However, almost no studies have examined how these neurons process stimuli in the animals' immediate environment. We recently showed that in five estrildid finch species, VT-immunoreactive (-ir) neurons in the BSTm increase their Fos expression selectively in response to positively-valenced social stimuli (i.e., stimuli that should elicit affiliation). Using male zebra finches, a highly gregarious estrildid, we now extend those findings to show that VT-Fos coexpression is induced by a positive social stimulus (a female), but not by a positive non-social stimulus (a water bath in bath-deprived birds), although the female and bath stimuli induced Fos equally within a nearby control region, the medial preoptic nucleus. In concurrent experiments, we also show that the properties of BSTm VT-ir neurons strongly differentiate males that diverge in social phenotype. Males who reliably fail to court females ("non-courters") have dramatically fewer VT-ir neurons in the BSTm than do reliable courters, and the VT-ir neurons of non-courters fail to exhibit Fos induction in response to a female stimulus.

  20. Civil Courts.

    Science.gov (United States)

    Eaneman, Paulette S.; And Others

    These materials are part of the Project Benchmark series designed to teach secondary students about our legal concepts and systems. This unit focuses on the structure and procedures of the civil court systems. The materials outline common law heritage, kinds of cases, jurisdiction, civil pretrial procedure, trial procedure, and a sample automobile…

  1. Ending to What End? The Impact of the Termination of Court-Desegregation Orders on Residential Segregation and School Dropout Rates

    Science.gov (United States)

    Liebowitz, David D.

    2018-01-01

    In the early 1990s, the Supreme Court established standards to facilitate the release of school districts from racial desegregation orders. Over the next two decades, federal courts declared almost half of all districts under court order in 1991 to be "unitary"--that is, to have met their obligations to eliminate dual systems of…

  2. 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.

  3. Court-authorised deprivation of liberty.

    Science.gov (United States)

    Griffith, Richard

    2015-01-01

    The United Kingdom Supreme Court judgment in Cheshire West and Chester Council v P in 2014 introduced a more inclusive 'acid test' for determining the objective element of a deprivation of liberty in cases concerning people who lack decision-making capacity. The case made clear that adults and young people who lack capacity could be deprived of their liberty in care settings other than hospitals and care homes, including the person's own home. A deprivation of liberty that occurs in a setting other than a hospital or care home must be authorised by a Court. This article explains the revised process for applying for Court authorisation of a deprivation of liberty where it occurs in supported living, Shared Lives placements or the incapable person's own home.

  4. Exchange of information in the field of direct taxation in the European Union Law and in the practice of the European Court of Justice

    Directory of Open Access Journals (Sweden)

    Cvjetković Cvjetana

    2014-01-01

    Full Text Available This paper is dedicated to one form of mutual assistance in tax matters in the field of direct taxation - the exchange of information which in terms of the functioning of the single market of the European Union is gaining more importance. This paper also presents new solutions of Directive 2011/16/EU. Special attention in this paper is focused on the practice of the European Court of Justice in the area of the exchange of information.

  5. Admissibility and per se exclusion of hypnotically elicited recall in American courts of law.

    Science.gov (United States)

    Perry, C

    1997-07-01

    State v. Mack (1980) ruled that hypnotically elicited testimony is per se excluded from Minnesota law courts; this court also ruled that police could employ hypnosis in an attempt to construct an independently corroborated case. In recent years, there have been moves to rescind this exclusion; this raises a question of the probative value of such additional information when it is uncorroborated. This situation is compared with that of the polygraph as an index of deception: Like hypnosis, it is excluded per se in most American jurisdictions. Some legal decisions in Wisconsin are used to illustrate one alternative to the per se exclusion approach. Admissibility of scientific evidence in American courts of law has been based on a criterion of "general acceptability within the relevant scientific community," as first elucidated in Frye v. United States (1923). Recently, the U.S. Supreme Court overturned the Frye decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993), by making general acceptability but one of several admissibility criteria. Three Daubert-based decisions, one involving hypnosis and all concerned with "recovered repressed memories," indicate some problems in law posed by Daubert.

  6. 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

  7. The Strategic Options of Supreme Audit Institutions

    DEFF Research Database (Denmark)

    Klarskov Jeppesen, Kim; Carrington, Thomas; Catasús, Bino

    2017-01-01

    Based on the theory of professional competition, this paper identifies and investigates four strategic options of supreme audit institutions (SAIs) through a case study of four Nordic national audit offices: a performance auditing strategy; a financial auditing strategy; a portfolio strategy...... options for public sector auditing....

  8. Features and Functions of Supreme Audit Institutions

    OpenAIRE

    Rick Stapenhurst; Jack Titsworth

    2001-01-01

    Supreme audit institutions are national agencies responsible for auditing government revenue and spending. Their legal mandates, reporting relationships, and effectiveness vary, reflecting different governance systems and government policies. But their primary purpose is to oversee the management of public funds and the quality and credibility of governments' reported financial data. In th...

  9. Erotized, AIDS-HIV information on public-access television: a study of obscenity, state censorship and cultural resistance.

    Science.gov (United States)

    Lukenbill, W B

    1998-06-01

    This study analyzes court records of a county-level obscenity trial in Austin, Texas, and the appeal of the guilty verdict beginning with a Texas appellate court up to the U.S. Supreme Court of two individuals who broadcast erotized AIDS and HIV safer sex information on a public-access cable television. The trial and appellate court decisions are reviewed in terms of argument themes, and the nature of sexual value controversy is outlined. Erotic materials often conflict with broad-based sexual and community values, and providing erotized HIV and AIDS information products can be a form of radical political action designed to force societal change. This study raises question as to how this trial and this type of informational product might affect the programs and activities of information resource centers, community-based organizations, libraries, and the overall mission of public health education.

  10. 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...

  11. PENGGUNAAN INFORMASI ELEKTRONIK DAN DOKUMEN ELEKTRONIK SEBAGAI ALAT BUKTI PERSIDANGAN (The Usage of Electronic Information and Document as Court Evidence

    Directory of Open Access Journals (Sweden)

    Santhos Wachjoe Prijambodo

    2016-03-01

    Full Text Available Praktek persidangan selalu mengacu kepada aturan-aturan yang tercantum di dalam Undang-Undang Nomor 8 Tahun 1981 tentang Kitab Undang-Undang Hukum Acara Pidana (KUHAP yang selama ini sangat terasa bahwa Undang-Undang tersebut sudah sangat tertinggal, utamanya terhadap pengaturan mengenai alat bukti yang dapat dipergunakan di persidangan. Makalah ini akan sedikit menguraikan mengenai penggunaan dokumen elektronik sebagai alat bukti di persidangan. Semoga makalah ini dapat memberikan pencerahan kepada Aparat Penegak Hukum di dalam melaksanakan tugas-tugasnya, terutama di dalam proses persidangan.    Court trials always refer to the rules contained in Law No. 8 1981 of the Criminal Code, which seem underdeveloped, mainly about the arrangements regarding evidence which can be used in the court. This paper outlines the use of a few electronic documents as evidence in the trial. Hopefully, this paper can provide enlightenment to the law enforcement authorities in carrying out their duties, particularly in the proceedings.

  12. 思想與表達之區別,合併及電腦程式侵權判斷之步驟 ― 最高法院94年度台上字第1530號刑事判決評析 The Distinction and Merger Between Expression and Idea and the Steps to Decide the Infringement of Computer Program - An Analysis of the Supreme Court Criminal Judgment No. 94-Tai-Shang-Tze-1530, 2005

    Directory of Open Access Journals (Sweden)

    羅明通 Ming-Tung Lo

    2009-12-01

    Full Text Available 思想與表達之區別及合併攸關電腦程式侵權之判斷,惟表達是否包含非文字之結構?電腦程式之非文字成分是否屬於表達?思想與表達之區別原則適用於著作之非文字成分之結構時,判斷之基準為何?電腦程式之結構在何種情況因思想與表達之合併而不受著作權法保護?電腦程式之著作權侵權判之步驟為何?我國司法實務見解不一。本文即以最高法院94年度台上字第1530號刑事判決為基礎,分析美國著作權法對非文字成分之思想與表達區別之基準,再解析美國著作權法權威案例Altai案三步驟測試法之精義,並闡釋思想與表達區分及合併在兩個案例中運用之精微。結論則比較研析我國司法實務爭點之所在,釐清相關疑義,期使讀者對此問題之觀察臻於全面。 The dichotomy and merger between idea and expression is highly related to the judgment of the infringement of computer program. Shall the expression be limited to literal element of work? Can the non-literal element of computer program possibly be categorized as expression? If it is possible, then what is the criterion for drawing such a distinction? Under what kind of circumstances, can the expression be regarded s having been merged with idea? And what is the process to make such a judgment of infringement? In this regard Taiwan judicial decisions have submitted different opinions. Based upon Supreme Court Criminal Judgment No. 94-Tai-Shang-Tze-1530, 2005, this article analyze the criterion for the distinction between idea and expression, and then analyze the contents of the three-step procedure by which judges in Altai applied the principle of the dichotomy and merger between idea and expression to decide the infringement. Finally, in conclusion, this article makes some comments on relevant mentioned above cases, serving as a reference for readers to have a panoramic observation.

  13. Expert scientific evidence in the Israeli court.

    Science.gov (United States)

    Sahar, A

    2007-06-01

    Most judges, by the very nature of their educational background, are less than sufficiently prepared for the task to fully comprehend the problems in disputes concerning scientific subjects. Judicial cognizance in such matters gives no support. The judge has no recourse but to rely on Expert Evidence. However, such evidence, especially in the adversarial system, requires the ability to evaluate it. Back to square one? Almost. The Israeli court borrowed, and followed for many years, the American solution - the Frye Principle (Frye v. United States, 54 App.D.C. at 47, 293 F. 1013 (1923) 1014) - "the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs " - meaning that an Expert's view is held as true if proven that it had been held by "the scientific community." This solution presented an almost insurmountable problem for novel scientific ideas. The were also exceptions - several Israeli Courts made the rather difficult task of examining the Experts' "working papers", i.e. the "crude" data on which he based his deductions. The model of such effort seems to be the English decision, by Stuart-Smith LJ in Loveday v Renton and Wellcome Foundation Ltd. ( (QBD) 1 Med Law Review, 1990:117). Seventy years after Frye the U.S. Supreme Court reviewed the subject of evaluation of scientific evidence. The new requirements were "... (1) ... whether the theory or technique can be and has been tested; (2) ... whether the theory or technique has been subjected to peer review ... (3) ... the known or potential rate of error of[the] technique; (4) [no requirement of] a particular degree of acceptance of the theory or technique within that [scientific] community, ... and (5) the inquiry is a flexible one, and the focus must be solely on principles and methodology, not on the conclusions that such principles and methodology generate ". Namely - the Judge, guided by intelligence and logic, is

  14. Os tribunais e as novas tecnologias de comunicação e de informação Courts and the new communication and information technologies

    Directory of Open Access Journals (Sweden)

    Boaventura de Sousa Santos

    2005-06-01

    Full Text Available Este artigo discute como, a partir da década de 1990, a problemática da relação entre os tribunais e as novas tecnologias de comunicação e de informação (NTCI e, em especial, da relação entre os tribunais e a comunicação social, coloca novas questões para uma análise das relações entre as instituições de justiça e a sociedade. De um lado, surge a questão da vontade e da capacidade do Estado e do Direito para regular as novas tecnologias e os novos interesses de comunicação e de informação, bem como para incriminar e punir as novas atividades socialmente danosas que, por via delas, tornaram-se possíveis. De outro lado, o impacto da expansão exponencial das novas tecnologias e dos novos interesses informacionais e comunicacionais no Direito e nas suas instituições, nomeadamente os tribunais. São debatidas questões como a informatização dos tribunais, as novas técnicas de gestão e seus impactos nas relações inter-profissionais, na mediatização da justiça, na funcionalidade interna dos tribunais e nas regras e estilos de atuação profissional, assim como, o impacto das novas tecnologias de comunicação e de informação e, sobretudo, dos meios de comunicação na relação entre os tribunais e a sociedade informatizada e mediatizada. Conclui afirmando a necessidade de explorar as potencialidades democráticas das novas tecnologias, as novas possibilidades de democracia deliberativa e participativa, as novas formas de controle público, tanto do Estado como da produção privada de bens públicos.This article discusses how, after the 1990s, the problem of the relationship between Law courts and new communication and information technologies (NCIT and especially that between courts and social communication, poses new issues to an analysis of relations between judiciary institutions and society. On the one hand, there emerges the State's capacity and will to regulate new technologies and new communication and

  15. The Supreme Court of Estonia constitutional judgement 3-3-1-35-10: judgment of the Supreme Court en banc : date of decision 31 August 2011

    Index Scriptorium Estoniae

    2013-01-01

    Kohtulahendi 3-3-1-35-10 (Riigiprokuratuuri ning Politsei- ja Piirivalveameti kassatsioonkaebused Tallinna Ringkonnakohtu 16. veebruari 2010. a otsuse peale haldusasjas nr 3-08-265 Ülar Kaasi (Kaas) kaebuses Eesti Vabariigi tekitatud 254 087 krooni suuruse kahju hüvitamise nõudes) tekst inglise keeles

  16. School Discipline in the Dark: Crippling Court Confusion Offers Mixed Messages for School Administrators Attempting to Discipline Students for Cyber Misconduct

    Science.gov (United States)

    Summers, Beth A.

    2013-01-01

    This dissertation examines the demarcation line of school authority between off campus conduct and on campus discipline involving student cyber speech. A lack of clear direction from the Supreme court has left school administrators wading through a quagmire of advice and disparate lower court rulings regarding their authority to punish students…

  17. 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.

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

    Science.gov (United States)

    O'Connor, Karen

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

  19. The Afro-American before the Burger Court, 1976-1978: Justice Granted or Justice Denied?

    Science.gov (United States)

    Gill, Robert Lewis

    1978-01-01

    Supreme Court rulings during 1976-78 on capital punishment; criminal justice and prisoner rights; busing and school desegregation; discrimination in housing and employment; rights of illegitimates and family relations; abortion, voting rights, tenant landlord relations; and "reverse discrimination" have had a significant impact on Black…

  20. The role of the courts in the justiciability of socio-economic rights in ...

    African Journals Online (AJOL)

    While some countries like South Africa, Kenya and Zimbabwe have constitutionally guaranteed socio-economic rights, in some other jurisdictions like India and Nigeria, they are termed fundamental objectives and directive principles of state policy as opposed to justiciable rights. However, the Indian Supreme Court has ...

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

    Science.gov (United States)

    Sendor, Benjamin

    1986-01-01

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

  2. High Court to Weigh Denials of Visas to College Guests, Union's Use of Mail.

    Science.gov (United States)

    Fields, Cheryl M.

    1987-01-01

    Cases on the Supreme Court's agenda that involve higher education are discussed including: the delivery of labor-union material through a university's internal mail system, the denial of visas to foreigners invited to speak on campuses, the Veterans Administration's refusal to extend GI Bill education benefits of alcoholic veterans, etc. (MLW)

  3. Implications for Australian anaesthetists and proceduralists of a recent court decision regarding informed consent and patient positioning.

    Science.gov (United States)

    Breen, D T; Mahar, P D; Batty, L M; Rosenfeld, J V

    2014-01-01

    This article discusses the medicolegal implications of a recent judgment in relation to a patient who suffered significant morbidity as a result of patient positioning during an operative procedure. The patient developed an unexpected serious complication following surgery, in the context of a preoperative consent that did not cover every potential complication or contingency. The court held that the failure to warn of a particular risk that would have prevented the patient from undergoing a procedure but did not occur will not necessarily result in a finding of negligence in relation to another risk where the harm did occur. This finding is well aligned to current clinical practice and at the same time does not abrogate the practitioner's duty to provide a comprehensive list of possible complications during the consent process for any proceduralist. In the context of a procedure requiring anaesthesia, the importance of communication and understanding between the anaesthetist and proceduralist as to which aspects of the consent process are undertaken by whom, and to ensure the process is done comprehensively, is of great importance and is indirectly highlighted by this recent judgment.

  4. 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.

  5. Legality, discretion and informal practices in China’s courts : a socio-legal investigation of private transactions in the course of litigation

    NARCIS (Netherlands)

    Li, Ling

    2010-01-01

    This thesis intends to identify the systemic causes of corruption in China’s courts by firstly investigating how corruption is carried out in China’s courts. It employs an analytical framework, which treats corruption as a four-phase contracting process, namely 1) the phase of initiation of the

  6. Informed Consent as a Litigation Strategy in the Field of Aesthetic Surgery: An Analysis Based on Court Precedents

    OpenAIRE

    Bo Young Park; Jungwoo Kwon; So Ra Kang; Seung Eun Hong

    2016-01-01

    Background In an increasing number of lawsuits doctors lose, despite providing preoperative patient education, because of failure to prove informed consent. We analyzed judicial precedents associated with insufficient informed consent to identify judicial factors and trends related to aesthetic surgery medical litigation. Methods We collected data from civil trials between 1995 and 2015 that were related to aesthetic surgery and resulted in findings of insufficient informed consent. Based on ...

  7. Status of Court Management in Switzerland

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2012-12-01

    justice, no such information is available at all. There is also a lack of empirical principles related to the "self-image of judges", i.e. how judges in Switzerland see themselves. Empirical research into the activities of lay judges also remains in its infancy in Switzerland, whereas in other countries, the relevant principles are available. It has, however, been possible to obtain initial findings on the functioning of the federal courts while evaluating the effectiveness of the new federal justice system.

  8. The Relationship between Judicial Staff and Court Performance: Evidence from Brazilian State Courts

    Directory of Open Access Journals (Sweden)

    Adalmir Oliveira Gomes

    2016-10-01

    Full Text Available To handle increasing caseloads, the judicial systems of several countries have adopted three main strategies: developing new standards and judicial procedures; investing in information and communication technologies; and hiring additional judicial staff. This paper investigates the impact of this third strategy on the performance of Brazilian courts. We use multiple regression analysis to test an array of related hypotheses about the complex interactions between the number of judicial staff and court productivity. The empirical research uses ten-year (2003-2012 data from 27 Brazilian courts. The main findings indicate that the number of judicial assistants has a positive influence on court productivity, and the number of assistants mitigates the positive relationship between court caseload and court productivity. The results are discussed and further studies are suggested.

  9. Method for Measuring the Alignment Between Information Technology Strategic Planning and Actions of Information Technology Governance

    Directory of Open Access Journals (Sweden)

    Lúcio Melre da Silva

    2014-10-01

    Full Text Available The purpose of this research is to present a method for measuring the degree of alignment between Strategic Planning and Information Technology Management practices and Information Technology Governance. A survey of IT governance maturity at the High Courts and the Supreme Court was carried out in order to reach this aim. The Attribute Table of the COBIT 4.1 was used both as a model for maturity analysis as for the degree of alignment of IT strategic plans of these bodies with the IT Strategic Planning established by the National Judiciary Council (CNJ. It was assessed the maturity of thirty four processes, according to six attributes, in the four COBIT domains. The proposed method, named COMPLAN-GTI, allows the linking of the guidelines of the strategic planning to the COBIT processes. The field research above mentioned shows that the alignment between the planning established by the CNJ and those established by the High Courts and Supreme Court is around 68%, leading to the conclusion that the policies and actions established by the National Council of Justice for the Judiciary are being followed. The application of the method is also used to confirm whether the management practices and the IT Governance are consistent with the strategic plan established by the organization. It was observed in the research carried out in the Courts that the average convergence between PETIs and management practices and Governance lies around 70%, leading to the conclusion that the strategic plans exerted influence on the action planning of these organizations.

  10. 29 CFR 785.25 - Illustrative U.S. Supreme Court decisions.

    Science.gov (United States)

    2010-07-01

    ... part of the employees' jobs. In one, employees changed their clothes and took showers in a battery plant where the manufacturing process involved the extensive use of caustic and toxic materials...

  11. Supreme Court Update: Unions, Fair Share Agreements and the First Amendment

    Science.gov (United States)

    Russo, Charles J.

    2007-01-01

    As the most unionized segment of the public sector workforce in the USA, teachers and their bargaining representatives wield significant power in the world of educational labour relations and beyond. Yet, just as the First Amendment's freedom of association clause affords unions the right to exist, its concomitant recognition that employees are…

  12. LONG-TERM CARE: Implications of Supreme Court's Olmstead Decision Are Still Unfolding

    National Research Council Canada - National Science Library

    Allen, Kathryn

    2001-01-01

    ... to the setting in which a person with disabilities receives care. Long-term care includes many types of services that a person with a physical or mental disability may need, and encompasses a wide array of care settings...

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

    International Nuclear Information System (INIS)

    Rockett, L.R.

    1985-01-01

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

  14. An Analysis of First Amendment Jurisprudence on the Supreme Court Case of Locke v. Davey

    Science.gov (United States)

    Herzog, Alexander John

    2010-01-01

    Scholarship programs authored by state legislatures may conflict with a state's constitution. In the case of "Locke v. Davey" 540 U.S. 807 (2003), Joshua Davey challenged the State of Washington's withdrawal of his Promise Scholarship claiming violation of his First Amendment rights under the United States Constitution. This…

  15. Will the Supreme Court Strike Down the Laws Banning Assisted Suicide?

    Science.gov (United States)

    2015-01-01

    Assisted suicide is now legal in several jurisdictions outside Canada, including the Netherlands, Belgium, Switzerland, Oregon, Washington State and Vermont. In Canada, public support for the decriminalization of assisted suicide is increasing, although assisted suicide remains prohibited under Canada's Criminal Code. That may soon change and, as patients'advocates, nurses need to khow and understand their roles and current laws relevant to treatment and end-of-life care.

  16. 160 | P a g e LEGAL HERMENEUTICS OF THE SUPREME COURT ...

    African Journals Online (AJOL)

    Fr. Ikenga

    out in express terms what is expected of a legal practitioner and the attendant consequences for non-adherence. These consequences ranging from striking out the name of the legal practitioner from the Roll among others are no doubt punitive and disciplinary in nature. Thus, there is great need for a proper and definite ...

  17. Informed Consent as a Litigation Strategy in the Field of Aesthetic Surgery: An Analysis Based on Court Precedents.

    Science.gov (United States)

    Park, Bo Young; Kwon, Jungwoo; Kang, So Ra; Hong, Seung Eun

    2016-09-01

    In an increasing number of lawsuits doctors lose, despite providing preoperative patient education, because of failure to prove informed consent. We analyzed judicial precedents associated with insufficient informed consent to identify judicial factors and trends related to aesthetic surgery medical litigation. We collected data from civil trials between 1995 and 2015 that were related to aesthetic surgery and resulted in findings of insufficient informed consent. Based on these data, we analyzed the lawsuits, including the distribution of surgeries, dissatisfactions, litigation expenses, and relationship to informed consent. Cases were found involving the following types of surgery: facial rejuvenation (38 cases), facial contouring surgery (27 cases), mammoplasty (16 cases), blepharoplasty (29 cases), rhinoplasty (21 cases), body-contouring surgery (15 cases), and breast reconstruction (2 cases). Common reasons for postoperative dissatisfaction were deformities (22%), scars (17%), asymmetry (14%), and infections (6%). Most of the malpractice lawsuits occurred in Seoul (population 10 million people; 54% of total plastic surgeons) and in primary-level local clinics (113 cases, 82.5%). In cases in which only invalid informed consent was recognized, the average amount of consolation money was KRW 9,107,143 (USD 8438). In cases in which both violation of non-malfeasance and invalid informed consent were recognized, the average amount of consolation money was KRW 12,741,857 (USD 11,806), corresponding to 38.6% of the amount of the judgment. Surgeons should pay special attention to obtaining informed consent, because it is a double-edged sword; it has clinical purposes for doctors and patients but may also be a litigation strategy for lawyers.

  18. Informed Consent as a Litigation Strategy in the Field of Aesthetic Surgery: An Analysis Based on Court Precedents

    Directory of Open Access Journals (Sweden)

    Bo Young Park

    2016-09-01

    Full Text Available BackgroundIn an increasing number of lawsuits doctors lose, despite providing preoperative patient education, because of failure to prove informed consent. We analyzed judicial precedents associated with insufficient informed consent to identify judicial factors and trends related to aesthetic surgery medical litigation.MethodsWe collected data from civil trials between 1995 and 2015 that were related to aesthetic surgery and resulted in findings of insufficient informed consent. Based on these data, we analyzed the lawsuits, including the distribution of surgeries, dissatisfactions, litigation expenses, and relationship to informed consent.ResultsCases were found involving the following types of surgery: facial rejuvenation (38 cases, facial contouring surgery (27 cases, mammoplasty (16 cases, blepharoplasty (29 cases, rhinoplasty (21 cases, body-contouring surgery (15 cases, and breast reconstruction (2 cases. Common reasons for postoperative dissatisfaction were deformities (22%, scars (17%, asymmetry (14%, and infections (6%. Most of the malpractice lawsuits occurred in Seoul (population 10 million people; 54% of total plastic surgeons and in primary-level local clinics (113 cases, 82.5%. In cases in which only invalid informed consent was recognized, the average amount of consolation money was KRW 9,107,143 (USD 8438. In cases in which both violation of non-malfeasance and invalid informed consent were recognized, the average amount of consolation money was KRW 12,741,857 (USD 11,806, corresponding to 38.6% of the amount of the judgment.ConclusionsSurgeons should pay special attention to obtaining informed consent, because it is a double-edged sword; it has clinical purposes for doctors and patients but may also be a litigation strategy for lawyers.

  19. B.C. court gives go-ahead to non-profit needle exchange and drop-in.

    Science.gov (United States)

    Betteridge, Glenn

    2006-12-01

    In a 15 February 2006 decision, the Supreme Court of British Columbia effectively ordered the City of surrey to licence the surrey HIV/AIDS Centre Society as a medical office. As a result, the Society did not have to submit to city council a community impact statement and study in order to obtain a new licence to operate.

  20. Capillary electrophoresis in court: the landmark decision of the People of Tennessee versus Ware.

    Science.gov (United States)

    Marchi, E; Pasacreta, R J

    1997-01-01

    Capillary electrophoresis is a versatile and emerging technique. In the fields of law and science, history has been made with the admissibility of CE as a method to evaluate evidence. The extremely low sample requirements, high separation efficiencies, and excellent resolution allow for quantitative techniques from extracted and amplified mitochondrial DNA (mtDNA), which was presented as evidence from hair shafts in the case of The People of Tennessee versus Paul Ware (Tennessee v. Ware). This paper discusses the history of the admissibility of scientific evidence. In 1993, the United States Supreme Court Justices rewrote the rules for admission of scientific evidence under the Federal Rules of Evidence (FRE) in Daubert v. Merrell Dow Pharmaceuticals, Inc. (Daubert) (509 U.S. 597). After rejecting the longstanding requirements under Frye v. United States (Frye), 293 F.1013 (1923), which focused on the conclusions obtained rather than the methodologies employed, Daubert went further in establishing a liberal policy in the FRE favoring the District Court judges to act as gatekeepers, thus admitting well-grounded scientific evidence. Later this year, the Supreme Court will once again review the issue of how the decisions reached in trial courts should be treated by reviewing courts. CE has demonstrated its ability to meet the requisite scientific standards in the court system. The CE evidence presented in Ware led to a felony conviction.

  1. EUROPEAN COURT OF HUMAN RIGHTS JUDGEMENT AS A BASIS FOR REVIEW OF THE NATIONAL COURTS' JUDGEMENT

    Directory of Open Access Journals (Sweden)

    Lydia Terekhova

    2017-01-01

    Full Text Available УДК 347.9The purpose of the article – a critical analysis of the position of the Constitutional Court of the Russian Federation, the justification, through the analysis of the ECtHR practice and scientific work on execution of the ECtHR judgments, about the coordination of positions of national courts and the supranational body.The methodological basis for the study: general scientific methods (analysis, synthesis, comparison; private and academic (interpretation, comparative legal, formal-legal.Problems and basic scientific results:The issue of implementation of the Human Rights Court decisions at the national level oc-curs when the compensation is not enough to eliminate the revealed violations. Russian legislator opted for the situation of Human Rights by the European Court finding a violation of the provisions of the Protection of Human Rights and Fundamental Freedoms in the consideration by the court of a particular case, in connection with the decision by which the applicant applied to the ECtHR mechanism for review of the decision on the new circumstances. Supreme Court puts forward three conditions for the implementation of the revi-sion of the judicial act on a national level, which should be available at the same time: 1 the continuous nature of the adverse effects; 2 the existence of violations of the Convention or gross procedural violations; 3 a causal link between the breach and the consequences.The author point out that the regulation of possible conflicts between the Convention and national legislation is based on cooperation (not confrontation States and the European Court of Human Rights. Such practice of cooperation based on the principles of subsidiarity (addition to national rights protection system; evolutionary interpretation of the Convention (which implies flexibility, and accounting for changes in public relations; Judges dialogue and to develop advisory opinions. Consequently, the task of the Constitutional Court

  2. 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....

  3. International Courts and Tribunals

    NARCIS (Netherlands)

    Amaya Castro, J.M.; Cali, B.

    2010-01-01

    This chapter introduces a type of institution that is very important in the field of international law: international courts. The last few decades have seen an enormous rise in the number and importance of such courts, not just for states but for all (international) actors. Increasingly, what

  4. 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

  5. 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

  6. The Impact of the Human Resources on the Romanian Court of Accounts' Performance

    Directory of Open Access Journals (Sweden)

    Ion Stegaroiu

    2016-07-01

    Full Text Available This article analyzes the human resource management of the Supreme Audit Institution of Romania, the Romanian Court of Accounts. The paper mostly analyzes the status and the development of the specialized personnel of the institution, represented by the external public auditors in the period 2010-2015. It also addresses the link between the quality control system and the human resources existing in the institution.

  7. Legality, discretion and informal practices in China’s courts: a socio-legal investigation of private transactions in the course of litigation

    OpenAIRE

    Li, Ling

    2010-01-01

    This thesis intends to identify the systemic causes of corruption in China’s courts by firstly investigating how corruption is carried out in China’s courts. It employs an analytical framework, which treats corruption as a four-phase contracting process, namely 1) the phase of initiation of the exchange; 2) the phase of negotiation of the exchange; 3) the phase of contractual performance; and 4) the phase of enforcement of the contract in case of non-performance. This framework is employed in...

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

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2014-05-01

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

  9. Siim Nestor soovitab : Supreme 7aastane. White Stripes / Siim Nestor

    Index Scriptorium Estoniae

    Nestor, Siim, 1974-

    2005-01-01

    Kolmik Supreme tähistab oma 7. tegutsemisaastat 24. juunil Von Krahlis, kus toimub ka Krecki debüütalbumi "If You Live" (väljaandjaks ettevõte Umblu) esitlus. Detroidi blues-rock duo White Stripes esitleb oma uut albumit "Get Behind Me Satan" 29. juunil Tallinnas klubis Hollywood

  10. Beyond the Traditional Courts Bill: Regulating customary courts in ...

    African Journals Online (AJOL)

    Beyond the Traditional Courts Bill: Regulating customary courts in line with living customary law and the Constitution. ... Customary courts are not professional institutions but community-based discussion forums, thus participation in them is inclusive of the broad community membership, and their accountability is partly ...

  11. [Comparison of efficacy for laryngeal mask airway-Supreme(TM) versus common laryngeal mask airway in children].

    Science.gov (United States)

    Shangguan, Wang-ning; You, Shan; He, Wei; DI, Mei-qin; Xu, Jian; Li, Jun; Lian, Qing-quan

    2013-11-19

    To compare the efficacy of laryngeal mask airway-Supreme(TM) versus common laryngeal mask airway in children with general anesthesia. With local research ethics committee's approval and written informed parental consent, 100 children were randomly divided into groups L (size 2.0 common laryngeal mask airway) and S (size 2.0 laryngeal mask airway-Supreme(TM)) according to random number (n = 50 each). After anesthesia induction, a common laryngeal mask airway or laryngeal mask airway-Supreme(TM) was inserted and mechanically ventilated. Time and ease for insertion, insertion success rate, airway leak pressure, success rate and ease of disposal sputum collecting tube insertion in group S, quality of airway during anesthetic maintenance, abdominal circumference changes and complications within 24 h post-operation were measured. Compared with group L, abdominal circumference increased less in group S (0.90 ± 0.35 vs 0.43 ± 0.18 cm, n = 46, P children with mechanical ventilation, laryngeal mask airway-Supreme(TM) can be effectively applied to maintain a good airway. And the incidence of gastric insufflation is lower. It is particularly useful for those requiring evacuation of gastric contents during general anesthesia.

  12. ANALYSIS OF PUBLIC COURT-ORDERED-DEBT DISCLOSURE: INFLUENCE OF LEGISLATION AND FUNDAMENTALS OF ACCOUNTING THEORY

    Directory of Open Access Journals (Sweden)

    Lucas Oliveira Gomes Ferreira

    2012-03-01

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

  13. The Problem of Acquaintance of the Defense with the Materials Submitted to the Court Pursuant to Art. 108 of the Criminal Procedure Code

    Directory of Open Access Journals (Sweden)

    Nikolai V. Azarenok

    2016-11-01

    Full Text Available On the basis of the existing order of submission of materials to the court by an investigator needed to decide on remand in respect of criminal prosecuted person, identify problems familiarize the defense with these documents at trial. The Author studies norms of the Criminal Procedure Code of the Russian Federation, decisions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, as well as interviews with practitioners in this aspect. As a result, a conceptual approach to solving the identified problem is proposed

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

    Science.gov (United States)

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

    2011-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Aditya Wisnu Mulyadi

    2015-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Ioana Nely Militaru

    2015-11-01

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

  17. Valoración del Informe Pericial sobre la Custodia de Menores en Sentencias Judiciales: Estudio comparativo entre informes privados y oficiales (Expert Assessment Report on Child Custody in Court Judgments: Comparative study between private and official reports

    Directory of Open Access Journals (Sweden)

    Carles Rodríguez-Domínguez

    2015-12-01

    Full Text Available In Spain, divorce with children involved has led to a substantial increase in demand for expert reports. The aim was to analyse the valuation judgments of private forensic expert reports with specific training, private forensic expert reports without specific training and, expert reports of psychosocial teams of the Courts on the custody and visitation of the parent no custodian. Ad hoc protocol made by the authors to 111 litigation files of Family Courts was applied. Significant differences in the evaluations expressed by judicial decisions on private expert reports and the expert reports of psychosocial teams were found. Analysis suggests that the judgments expressed a favourable opinion with preference for expert reports made by employees assigned to family courts psychosocial teams. Direct empirical evidence is provided. 56.8% of the judgments expressed a favourable opinion of the expert reports and urged the parties to follow the recommendations of the expert report.

  18. Courting Reform: Indonesia's Islamic Courts and Justice for the Poor

    Directory of Open Access Journals (Sweden)

    Cate Sumner

    2011-12-01

    Full Text Available This paper documents a judicial reform case study in the world’s most populous Islamic country that has involved increasing access to the courts for disadvantaged groups. The process began with an Access and Equity Study in the area of family law conducted by the Religious Courts of Indonesia in partnership with the Family Court of Australia as well as Indonesian research institutes and an NGO for female heads of household. The key findings of that study showed that the 50% of Indonesia’s citizens living below $2 a day would face challenges in bringing their family law cases to the Religious Courts, something that is mandatory under Indonesian law. The paper documents the steps taken by the Religious Courts over the last five years to increase access to the courts for disadvantaged groups, principally women, the poor and those living in remote areas. It is estimated that 30-40,000 Indonesian citizens facing financial and other forms of disadvantage will access the Religious Courts for their family law cases during 2011as a result of court fees being waived or a circuit court visiting their locality. The paper also highlights why legalising marriage and divorce and the provision of birth certificates (requiring a legal marriage certificate are important for female heads of household and the families they support in terms of accessing broader public services, such as education and health.

  19. Chinese court case fiction

    DEFF Research Database (Denmark)

    Hansen, Kim Toft

    2011-01-01

    breathed the breath of life into it? The usual answer is that crime fiction, in fact, was invented by Poe, but another counter-view is that China – at that point – had had a long narrative tradition for stories about crime and detection. The socalled gongan genre – court case fiction – was probably...... established as early as the 6th Century AD, whereas the first substantial evidence of the tradition is from 13th Century and the first Chinese crime fiction novels were written during the 17th Century. This article is, then, a corrective for the international history of crime fiction based on numerous...

  20. Intercultural pragmatics and court interpreting

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2008-01-01

    . The court interpreters are all state-authorized court interpreters and thus fully competent professionals.   The centrality of pragmatics in triadic speech events has been demonstrated by a number of studies (e.g. Berk-Seligson 2002, Hale 2004, Jacobsen 2002). Thus, conversational implicatures, which....../Philadelphia: John Benjamins.   Jacobsen, B. (2002). Pragmatic meaning in court interpreting: An empirical study of additions in consecutively-interpreted question-answer dialogues. PhD thesis, The Aarhus School of Business....

  1. Social Norms in the Ancient Athenian Courts

    OpenAIRE

    Lanni, Adriaan M.

    2013-01-01

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

  2. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of political change? This book examines the ability of the Court of Justice of the European Union (CJEU......) 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...

  3. Irving Independent School District, Petitioner v. Henri Tatro, et Ux., Individually and as Next Friend of Amber Tatro, a Minor. On Writ of Certiorari to the United States Court of Appeals for the Fifth Circiut. No. 83-558.

    Science.gov (United States)

    Supreme Court of the U. S., Washington, DC.

    A Supreme Court ruling is presented regarding the provision of clean intermittent catheterization as part of related services mandated under P.L. 94-142, the Education for All Handicapped Children Act. The case argued focused on the needs of a young girl with spina bifida for intermittent catheterization to remove urine from her bladder. The court…

  4. "Boarding" Psychiatric Patients in Emergency Rooms: One Court Says "No More".

    Science.gov (United States)

    Appelbaum, Paul S

    2015-07-01

    "Boarding" involuntary psychiatric patients in medical emergency rooms is common in many parts of the United States. The practice, driven by a shortage of alternative resources, including limited inpatient capacity, can result in patients' being held for days without treatment or a hospital room, often in busy corridors or treatment rooms. A recent challenge to this practice led the Washington Supreme Court to declare it illegal and resulted in the appropriation of substantial funding to create new psychiatric beds. Centralized psychiatric crisis services, with appropriate payment models, may offer another approach to reducing the need for holding patients awaiting inpatient admission.

  5. Intervention of the Courts in School Finance.

    Science.gov (United States)

    Hack, Walter G.

    1978-01-01

    The rhythm and intensity of judicial activity, questions and issues adjudicated by the courts, judicial approaches and strategies, and the roles played by the courts are discussed with regard to court intervention in state school finance systems. (DS)

  6. Level of information about gynaecological prevention in teenagers at risk from social exclusion, referred by family court rulings to juvenile attendance centres – a pilot study

    Directory of Open Access Journals (Sweden)

    Marcin Bobiński

    2015-09-01

    Full Text Available Introduction and objective. The objective of the study was to present preliminary results of a pilot study concerning the level of knowledge of gynaecological prevention, conducted in teenagers referred by court rulings to a juvenile attendance centre. Materials and method. The instrument was an anonymous survey questionnaire completed by participants in health prevention classes in late 2010 and early 2011. The studied group consisted of teenagers aged 15–17 years (mean age: 15.72 years, median = 16 years, SD = 0.679 who were under probation officers’ supervision in the Zamość region of south-eastern Poland. The sample size was 101 persons – 51 boys (50.50%, 50 girls (49.5%. Results. According to the respondents, the most important reasons for seeing a gynaecologist were: menstrual disorders (70.30%, suspicion of pregnancy (63.37% and pain or burning sensations while urinating (58.42%. The following were regarded as prevalent cancers in women: cancers of the breast (99.01%, cervix (89.1%, and ovaries (62.38%. Over 92% of subjects stated that it was possible to protect oneself from cervical cancer, but only 41.5% of respondents indicated the correct definition of the term ‘cytology’. Statistical analysis focused on differences between genders. A higher self-assessment of mental health was shown in boys. Conclusions. Teenagers of similar background may find it more difficult to gain access to knowledge about health prophylaxis, including gynaecological prevention. Efforts should be intensified in order to ‘equalize health opportunities’ through appropriate preparation of teaching curricula (including health education and philosophy of medicine.

  7. Supreme Court of the United States. Syllabus. Wheeler et al. v. Barrera et al. Certiorari to the United States Court of Appeals for the Eighth Circuit.

    Science.gov (United States)

    Supreme Court of the U. S., Washington, DC.

    Title I of the Elementary and Secondary Education Act of 1965 (the Act) provides for federal funding of special programs for educationally deprived children in both public and private schools. Respondents, parents of children attending nonpublic schools in Kansas City, Mo., brought this class action, alleging that petitioner state school officials…

  8. Supreme Court Update: The Free Speech Rights of Students in the United States Post "Morse v. Frederick"

    Science.gov (United States)

    Russo, Charles J.

    2007-01-01

    Enshrined in the First Amendment as part of the Bill of Rights that was added to the then 4 year old US Constitution in 1791, it should be no surprise that freedom of speech may be perhaps the most cherished right of Americans. If anything, freedom of speech, which is properly treated as a fundamental human right for children, certainly stands out…

  9. Experience counts: The chief justice, management tenure, and strategic behavior on the U.S. Supreme Court

    Directory of Open Access Journals (Sweden)

    Joseph Daniel Ura

    2016-04-01

    Full Text Available We develop and test a theoretical account of the effect of management tenure on the strategic behavior of the chief justice of the United States. Substantial evidence from literatures on learning models and public management indicate that tenure (length of service is positively related to management performance in public organizations. This suggests that the chief justice’s tenure in office should be positively related to efficiency in the use of the chief justice’s formal powers. We assess this hypothesis by replicating and extending Johnson et al.’s study of chief justice Burger’s conference voting behavior. The data support our management tenure hypothesis, showing that Burger used greater discretion in reserving his conference vote over time as he became more adept at discriminating between circumstances when the tactic was strategically valuable and when it was not.

  10. COLONIAL LEGACIES AND COMPETING MASCULINITIES: THE SUPREME COURT OF CANADA’S RETURN TO REASON IN R. V. KAPP

    Directory of Open Access Journals (Sweden)

    Caroline Hodes

    2018-02-01

    Full Text Available This article examines a series of unarticulated gender dynamics that shaped some of the recent changes to the legal test for discrimination under s. 15 of the Canadian Charter of Rights and Freedoms. Despite the volume of literature that references R. v. Kapp, none of it has specifically addressed how race is gendered through the claims of the accused, the witnesses who testified on their behalf or the decisions of the judges who interpreted their testimony. Revisiting the legal strategies used in this case reveals ongoing challenges to accessing justice for marginalized groups and impediments to reconciliation.   Dans cet article, l’auteure s’attarde à une série d’indicateurs sexospécifiques non articulés qui ont façonné quelques-uns des changements récemment apportés au critère juridique à appliquer à l’égard de la discrimination au titre de l’article 15 de la Charte canadienne des droits et libertés. L’arrêt R. c. Kapp est abondamment cité dans la littérature. Néanmoins, aucun renvoi n’a porté explicitement sur l’interaction entre la race et le genre qui découle des allégations de l’accusé, de la version donnée par les personnes qui ont témoigné pour son compte ou des décisions des juges qui ont interprété ces témoignages. L’analyse des stratégies juridiques utilisées dans cette affaire révèle des problèmes continus liés à l’accès à la justice dans le cas des groupes marginalisés, ainsi que des obstacles à la réconciliation.

  11. The UK Supreme Court - A Fine New Vintage, or Just a Smart New Label on a Dusty Old Bottle?

    Directory of Open Access Journals (Sweden)

    Gavin Drewry

    2011-04-01

    Full Text Available The machinery of UK governance, including many aspects of the legal system, has undergone a lot of important changes in the last decade or so. Some of these changes have been driven by ‘New Public Management’ ideas about the need to increase ‘efficiency, effectiveness and economy’, to sharpen public accountability and to improve the quality of customer service in the administration of justice - as has been happening with other parts of the public service sector. Some important reforms (notably devolution of functions to elected administrations in Scotland, Wales and Northern Ireland and the passing of the Human Rights Act 1998 have been parts of a wider political agenda of modernising Britain’s antiquated ‘unwritten’ constitution. Some of the most senior judges themselves, a category of office holder once regarded as doctrinally opposed to any kind of radical change, have become articulate champions of reform and have carved out new, high profile managerial roles for themselves, as well as becoming markedly more ‘activist’ in the public law and human rights arena when sitting on the Bench.

  12. THE GUARDIAN OF THE CONSTITUTION IN BRAZIL: THE BASIS AND THE MEANING OF SUPREME FEDERAL COURT POWER

    OpenAIRE

    PAULO LOUREIRO PHILBOIS

    2012-01-01

    O presente estudo tem por objeto analisar o guardião da Constituição no Brasil, partindo da análise das bases teóricas, da história do controle de constitucionalidade brasileiro e mesmo das críticas ao modelo consagrado na Constituição de 1988. Desse modo, o trabalho pretende investigar como o Supremo Tribunal Federal tornou-se o guardião da Constituição brasileira, bem como, através de análise jurisprudencial, o que a referida Corte extrai de tão relevante competência. T...

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

    Data.gov (United States)

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

  14. Assessment of Electronic Government Information Products

    Science.gov (United States)

    1999-03-30

    Slip Opinions of the Supreme Court CM U.S. Reports CM Executive Branch Department of Agriculture Agent Orange CM AgExporter CM AGRICOLA Database... Greenhouse Gases in the U.S. * Energy Consumption & Carbon Emissions by Region * Energy Files CM Energy InfoDisc CM Energy Science and Technology Database CM

  15. Realisation of power systems and European nature conservation. The actual jurisdiction of the Federal Administrative Court; Realisierung von Energieanlagen und europaeischer Naturschutz. Die aktuelle Rechtsprechung des Bundesverwaltungsgerichts

    Energy Technology Data Exchange (ETDEWEB)

    Anger, Christoph [avocado rechtsanwaelte, Koeln (Germany)

    2011-03-15

    For a long time, the right of nature conservation and landscape conservation showed a shadowy existence in the approval of projects. Some actual decisions of the Supreme Court show that in the last years the nature conservation law developed to a central area of conflict in the licensing procedure. The contribution under consideration reports on the legal material using three selected problem areas from the law on the protection of area and law on the protection of species. On the one hand, the Federal Administrative Court (Leipzig, Federal Republic of Germany) always upgrades the requirements. However, on the other hand the Federal Administrative Court attaches great importance to practicability. The Federal Administrative Court often points to a way, how projects can be realized with a careful nature conservation related attendance also at difficult environmental conditions.

  16. Runyon et ux., DBA Bobbe's School v. McCrary et al. Certiorari to the United States Court of Appeals for the Fourth Circuit: Syllabus. Slip Opinion.

    Science.gov (United States)

    Supreme Court of the U. S., Washington, DC.

    This document reports the U.S. Supreme Court Opinion on a class action seeking to reverse the exclusion of Negro children from private schools. Title 42, U.S.C. Section 1981, provides in part that "all persons within the jurisdiction of the U.S. shall have the same right in every state...to make and enforce contracts...as is enjoyed by white…

  17. 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....

  18. The Nevada mental health courts.

    Science.gov (United States)

    Palermo, George B

    2010-01-01

    The deinstitutionalization of the mentally ill which started in the 1960s greatly contributed to the overcrowding of judicial systems throughout the world. In the ensuing years, the actors involved in the adversarial system present in United States courts, a system that is primarily interested in assessing the culpability of the offender, have come to realize that the system is lacking therapeutic and reintegrative approaches to offenders, especially those who are mentally ill. Therapeutic jurisprudence, an interdisciplinary science, addresses this problematic situation of the mentally ill. It offers a fresh insight into the potentially beneficial and detrimental effects of legal decisions and views one of the roles of law as that of a healing agent. At present, many states have instituted mental health courts based on these concepts, incorporating previous drug court experiences. Their goal is to avoid the criminalization of the mentally ill and their recidivism through the creation of special programs. This article describes the mental health court programs of Washoe County and Clark County, Nevada, their organization, their therapeutic goals, and their success in keeping mentally ill offenders out of the correctional system, while improving their mental condition. In so doing, the program has lightened the load of the overburdened courts and has greatly diminished the financial burden incurred for court trials and jail and prison stays. Copyright 2010 Elsevier Ltd. All rights reserved.

  19. Three Years of Teen Court Offender Outcomes

    Science.gov (United States)

    Forgays, Deborah Kirby

    2008-01-01

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

  20. Good Faith in Life Insurance Contract by Indonesian Court

    Directory of Open Access Journals (Sweden)

    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.

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

    Science.gov (United States)

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

    2014-11-01

    While women in Mexico City can access free, safe and legal abortion during the first trimester, women in other Mexican states face many barriers. To complicate matters, between 2008 and 2009, 16 state constitutions were amended to protect life from conception. While these reforms do not annul existing legal abortion indications, they have created additional obstacles for women. Health providers increasingly report women who seek life-saving care for complications such as haemorrhage to the police, and some cases eventually end up in court. The Grupo de Información en Reproducción Elegida (GIRE) has successfully litigated such cases in state courts, with positive outcomes. However, state courts have mainly focused on procedural issues. The Mexican Supreme Court ruling supporting Mexico City's law has had a positive effect, but a stronger stance is needed. This paper discusses the constitutional framework and jurisprudence regarding abortion in Mexico, and the recent Costa Rica decision of the Inter-American Court of Human Rights. We assert that Mexican states must guarantee women's access to abortion on the legal grounds established in law. We continue to support litigation at the state level to oblige courts to exonerate women prosecuted for illegal abortion. Advocacy should, of course, also address the legislative and executive branches, while working simultaneously to set legal precedents on abortion. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  2. Your business in court and at Federal agencies: 2011-2012.

    Science.gov (United States)

    Reiss, John B; Crowder, Dawn; McCabe, Brittany; DeFeo, Marisa; Rifin, Marta; Talbot, Meghan

    2013-01-01

    FDA transparency effort continued, including the Secretary's adopting eight measures to improve access to Agency information and activities. A continuing problem was shortages of prescription drugs, which probably was enhanced by increased manufacturing recalls. FDA issued more device Guidances for regulatory clarity. Enforcement involving drugs and devices increased, including GMP and GLP enforcement and surveillance of internet claims. The Supreme Court decided generic drug manufacturers may cause the FDA to revise incorrectly listed use codes, and pharmaceutical detailers may not receive overtime payments. FDA initiated implementation of the Food Safety and Modernization Act, including two pilot tracking systems for supply chain tracing and to determine how quickly data can be gathered. The Agency issued guidance for new dietary supplements. FDA failed to impose graphic labeling requirements on the tobacco industry, but established it can regulate electronic cigarettes as tobacco. The Agency issued guidelines for the use of nanomaterials in cosmetics, and reviewed the effectiveness of sunscreen products. FDA is being given more authority over larger areas of the U.S. economy, but its resources are not increased proportionately. The pharmaceutical industry made major payments for alleged violations of the Drug Rebate Statute, Anti-Kickback Statute, Wholesale Price and Off-Label Use prohibitions. The government continues using the Responsible Corporate Officer doctrine to make company managers responsible for corporate conduct about which they had no knowledge. Companies should have a robust compliance program in effect. The FTC and the SEC continue their oversight activities, including SEC's enforcement of the Foreign Corrupt Practices Act. The defense of product liability litigation continues grappling with federal preemption of state laws.

  3. Defending the Absurd: The Iconoclast's Guide to Section 47(1 of the Superior Courts Act 10 of 2013

    Directory of Open Access Journals (Sweden)

    Haneen McCreath

    2014-12-01

    Full Text Available This contribution was intended as a defence of section 25(1 of the Supreme Court Act 59 of 1959. However, the Supreme Court Act was repealed in August 2013 and replaced by the Superior Courts Act 10 of 2013, and in the process section 25(1 of the former gave way to section 47(1 of the latter. Both sections concern the doctrine of leave to sue judges in South Africa. Both prescribe that any civil litigation against a judge requires the consent of the court out of which such litigation is to be launched. Both apply to civil suits against judges for damage caused by either their judicial or their non-judicial conduct. Although section 25(1 had been one of the more inconspicuous sections of the Supreme Court Act, it was contested on occasion. Both curial and extra-curial challenges to section 25(1 assailed its constitutionality, alleging essentially that its provisions violated the right of access to courts enshrined in section 34 of the Constitution of the Republic of South Africa, 1996 and that such violation did not meet the limitation criteria contained in section 36. It may be anticipated with considerable confidence, given its legal continuity with section 25(1, that any serious assault upon section 47(1 of the Superior Courts Act also will focus upon its relationship to section 34 of the Constitution. This contribution is a pre-emptive defence of section 47(1 of the Superior Courts Act and, by extrapolation, a belated justification of section 25(1 of the Supreme Court Act. An attempt will be made to demonstrate, contrary to conventional wisdom, that section 47(1 does not limit section 34 and passes constitutional muster at the first level of enquiry, thereby obviating the need for advancing to the second level of enquiry contained in section 36 of the Constitution. The jurisprudential crux of section 47(1 of the Superior Courts Act is embedded in the nature of the judicial office and its core value of judicial impartiality. The procedural

  4. SPECIALIZED COURTS OF THE EUROPEAN UNION

    Directory of Open Access Journals (Sweden)

    Ioana Nely Militaru

    2013-11-01

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

  5. Handwriting Evidence in Federal Courts - From Frye to Kumho.

    Science.gov (United States)

    Zlotnick, J; Lin, J R

    2001-07-01

    In federal courts, the admissibility of scientific expert testimony in the last century has been governed by three major standards. The first of these standards, the "general acceptance" test, arose from the 1923 Frye v. United States (Frye) and required that any technique or method introduced in court be generally accepted by the relevant community of scientists. The more liberal "relevancy" standard of the Federal Rules of Evidence was enacted in 1975, and required the expert witness to be qualified by knowledge, skill, experience, training, or education. Finally, the "reliability" standard stated in the Daubert v. Merrell Dow Pharmaceuticals, Inc. (Daubert) opinion was handed down by the U.S. Supreme Court in 1993, supplanting the Frye general acceptance test as the sole determining factor in considering the admissibility of scientific expert testimony, and suggesting falsifiability, peer review and publication, and error rate as additional factors useful in evaluating a scientific technique. Changing views on expert testimony have also resulted in published criticisms of several forensic fields, especially those with subjective components. The first such field to be questioned, which also has been the subject of great debate, is expert handwriting identification. Challenges leveled against handwriting identification began with a law review article published in 1989 (and two subsequent articles); other challenges have been based on the requirements outlined in the Federal Rules of Evidence and Daubert. These challenges resulted in several court opinions with disparate views of handwriting identification, though testimony by an expert in the field was not rejected. In U.S. v. Starzecpyzel, handwriting evidence was admitted as nonscientific expert testimony under the Federal Rules of Evidence after failing a review under the factors outlined in Daubert. In U.S. v. Velasquez (Velasquez), the testimony of a document examiner was accepted, while the testimony of an

  6. A clinical trial evaluating the laryngeal mask airway-Supreme in obese children during general anesthesia.

    Science.gov (United States)

    Tian, Yue; Wu, Xiu-Ying; Li, Lu; Ma, Ling; Li, Yun-Feng

    2017-02-01

    The laryngeal mask airway (LMA)-Supreme is a disposable double-lumen laryngeal mask airway that is widely used in clinical practice. However, its use in obese children has not been evaluated. The aim of this study was to determine whether the LMA-Supreme could perform equally as well as endotracheal intubation in obese children having a minor surgical procedure. After ethical board approval, 100 obese male children receiving non-emergent appendectomy for chronic appendicitis or surgery to correct concealed penis were randomly divided into an endotracheal intubation group and an LMA-Supreme group. Endotracheal intubation was performed under direct vision laryngoscopy. In the LMA group, a size-3 LMA-Supreme was placed and a stomach tube inserted via the drainage tube of the mask. Cardiovascular and respiratory parameters, time taken for placement, placement attempts, time to removal of the endotracheal tube/LMA, length of stay in the post-anesthesia care unit (PACU), and complications were recorded. Insertion time was significantly longer ( p airway pressure was significantly higher, and pulmonary compliance and PACU stay time lower in the LMA-Supreme group. No significant differences between endotracheal intubation and the LMA-Supreme were seen in other parameters, except for a higher incidence of coughing in the endotracheal intubation group. The LMA-Supreme can be easily inserted and effectively used for airway management in obese children undergoing minor surgery.

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

    Science.gov (United States)

    Nessel, Paula A.

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

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

    Science.gov (United States)

    Nessel, Paula A.

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

  9. National Courts and EU Law

    DEFF Research Database (Denmark)

    rights in the area of freedom, security and justice. The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics. With its new legal and empirical assessment covering the newest member states of the EU......This insightful and discerning book offers a fresh discourse on the functioning of national courts as decentralised EU courts and a new thematic for revising some older understandings of how national judges apply EU law. Organised into three key sections, the interdisciplinary chapters combine...... 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...

  10. 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.

  11. Hydrology and Ecology Go to Court

    Science.gov (United States)

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

    2009-04-01

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

  12. Proceedings of the 39. Science week of the Supreme Council of Sciences

    International Nuclear Information System (INIS)

    2000-01-01

    These publications include the papers presented at the 39th science week of the Supreme Council of Sciences, held in Damascus (Syria) from 7-11 November 1999. This proceeding is published in five books covering basic and applied sciences

  13. 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

  14. Juvenile Courts. Creation and development

    Directory of Open Access Journals (Sweden)

    Montserrat GONZÁLEZ FERNÁNDEZ

    2013-11-01

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

  15. 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...

  16. A randomized equivalence trial comparing the i-gel and laryngeal mask airway Supreme in children.

    Science.gov (United States)

    Jagannathan, Narasimhan; Sommers, Katherine; Sohn, Lisa E; Sawardekar, Amod; Shah, Ravi D; Mukherji, Isabella I; Miller, Steven; Voronov, Polina; Seraphin, Sally

    2013-02-01

    The laryngeal mask airway Supreme (Supreme) is a new single-use supraglottic device with gastric access capability now available in all sizes for children. To compare the i-gel with the Supreme in children for routine airway maintenance. One hundred and seventy children, aged 3 months to 11 years, 5-50 kg in weight, were randomly assigned to receive either the i-gel or the Supreme. The primary outcome measured was airway leak pressure. Secondary outcomes included the following: ease and time for insertion, insertion success rate, fiberoptic grade of view, ease of gastric tube placement, number of airway manipulations, quality of airway during anesthetic maintenance, and complications. A total of 168 patients were assessed for the outcomes. The median (IQR [range]) airway leak pressure for the i-gel was higher than with the Supreme, 20 (18-25 [9-40]) cm H(2)O vs 17 (14-22 [10-40]) cm H(2)O, respectively (P = 0.001). There were no differences in the time for device insertion, fiberoptic grade of view, quality of airway, and complications. Median (IQR[range]) time of successful insertion of a gastric tube was faster with the Supreme, 12 (9.2-14.3 [5.2-44.2]) s than with the i-gel, 14 (11.9-19 [6.9-75]) s; P = 0.01. The number of airway manipulations during placement was higher with the i-gel than with the laryngeal mask airway Supreme (12 vs 13 patients), P = 0.02. In infants and children, when a single-use supraglottic device with gastric access capabilities is required, the i-gel demonstrated higher airway leak pressures and can be a useful alternative to the Supreme. © 2012 Blackwell Publishing Ltd.

  17. 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

  18. An Evidence-Informed Picture of Course-Related Copying

    Science.gov (United States)

    Graham, Rumi

    2016-01-01

    Recent changes in Canadian copyright law have prompted Canada's educational institutions to reexamine their need for a blanket copying license. Users' rights under the amended Copyright Act now include fair dealing for purposes of education, and the Supreme Court has established that copying short excerpts for classroom use can qualify as fair…

  19. The Courts and the News Media.

    Science.gov (United States)

    Pickerell, Albert G.; Lipman, Michel

    This book is intended to provide reporters who cover court proceedings with a basic knowledge of the organization of California's courts and of the procedures they follow. It contains: material about court organization and jurisdiction, pretrial civil procedure, pretrial criminal procedure, and civil and criminal trial procedure; a legal…

  20. 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…

  1. The Models of Constitutional Interpretation between the Constitutional Court of Indonesia and Japan: the Case of the Verdict regarding Illegitimate Child

    Directory of Open Access Journals (Sweden)

    Rudy Rudy

    2014-04-01

    Full Text Available Abstract The Constitutional Court of Indonesia issued a landmark judgment on February 2012 stipulating that the civil rights of children born out of wedlock should be recognized by their biological fathers. In June 2008, the Supreme Court of Japan issued a judgment that struck down the same issue stipulating that illegitimate child shall be acknowledged as having legal relationship with the father, and that the Nationality Act was violation of the constitution. These two judgments call comparative study on constitutional judgment and interpretation. In the specific area of constitutional interpretation, Vicki C. Jackson has argued that at least three models might broadly describe the relationships between domestic constitutions and law from trans-national sources. Firstly, the convergence model that assumes the desirability of convergence with the constitutional laws of other nations; secondly, the resistance model that relishes resistance by national constitutions from foreign influence; and the engagement model arguing that the constitution can best be viewed as a site of engagement with the trans-national, informed but not controlled by legal norms of other nations and questions they put to interpret their constitution. Based on the theory, the aim of this article is to see the models of interpretation of constitutional relationships between Indonesia and Japan while both nations give similar judgments on illegitimate child. This study will answer this question by integrating the interpretation of the judgments of The Constitutional Court of Indonesia and the Supreme Court of Japan on illegitimate Child. Hopefully, the result of this research paper may enlighten the context of constitutionalism in Asia. Abstrak Pada Februari 2012, Mahkamah Konstitusi Indonesia memberikan putusan yang bersejarah yang mengatur hak perdata setiap anak yang lahir di luar nikah agar diakui oleh ayah biologisnya. Pada Juni 2008, Mahkamah Agung Jepang mengeluarkan

  2. Right-to-die debate continues in legislatures and courts.

    Science.gov (United States)

    1993-01-01

    Although right-to-die initiatives have failed in Washington and California in recent years, the issue will resurface in Ohio and New Hampshire later this year. In a Gannett News Service article published in the April 12 Chicago Sun-Times, Ross Goldstein, a San Francisco psychologist and "trend tracker," states that physician-assisted suicide will soon become accepted. He predicts a new form of doctor/manager will surface to help families decide whether to take this step and how to do so. "Baby boomers don't turn over authority to their doctors," he says. "When they reach the end state, they will expect to be part of the decision-making team." For now, the debate centers around individual cases and two different approaches, as exemplified by two different proponents. On the one hand is Jack Kevorkian, who envisions a network of death doctors or "obitiatrists" practicing "medicine." On the other is Timothy Quill, who calls for more humane care for the dying and the legalization of physician-assisted suicide, but with strict guidelines and in the confines of a long-term doctor-patient relationship. The following articles look at reactions in Michigan toward Kevorkian and at a case in British Columbia that may reach the Supreme Court of Canada.

  3. 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

  4. 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...

  5. The physician's breach of the duty to inform the parent of deformities and abnormalities in the foetus: "wrongful life" actions, a new frontier of medical responsibility.

    Science.gov (United States)

    Frati, Paola; Gulino, Matteo; Turillazzi, Emanuela; Zaami, Simona; Fineschi, Vittorio

    2014-07-01

    A recent decision of the Italian Highest Court for the first time legitimized wrongful life suits. The Court stated the following principles: (a) the contract between the mother and the doctor has also protective effects in favour of third parties (father, siblings and the disabled child) who have the right to be compensated; (b) the right to compensation is neither based on the right not to be born nor on the right to be born healthy, but rather it is based on the breach of duty of care which coincides with the child's disabled status; (c) siblings may suffer the reduced availability of their parents; (d) the doctor is held responsible for not providing full information to the mother about the foetal deformity. The Supreme Court once again emphasized the importance of information on the matter of very personal choices, such as termination of pregnancy in case of foetal malformations. In the present case, the gynaecologist breached the duty to inform, especially after the patient requested diagnostic tests designed to highlight any foetal malformations and informed the doctor of the possibility of an eventual subsequent termination of pregnancy if foetal malformations were found.

  6. When courts intervene: public health, legal and ethical issues surrounding HIV, pregnant women, and newborn infants.

    Science.gov (United States)

    Tessmer-Tuck, Jennifer A; Poku, Joseph K; Burkle, Christopher M

    2014-11-01

    Ninety-three percent of pediatric AIDS cases are the result of perinatal HIV transmission, a disease that is almost entirely preventable with early intervention, which reduces the risk of perinatal HIV infection from 25% to treatment, public health, legal, and ethical dilemmas can result. Federal courts consistently uphold a woman's right to refuse medical testing and treatment, even though it may benefit her fetus/newborn infant. Federal courts also reliably respect the rights of parents to make health care decisions for their newborn infants, which may include declining medical testing and treatment. Confusing the issue of HIV testing and treatment, however, is the fact that there is no definitive United States Supreme Court ruling on the issue. State laws and standards vary widely and serve as guiding principles for practicing clinicians, who must be vigilant of ongoing legal challenges and changes in the states in which they practice. We present a case of an HIV-positive pregnant woman who declined treatment and then testing or treatment of her newborn infant. Ultimately, the legal system intervened. Given the rarity of such cases, we use this as a primer for the practicing clinician to highlight the public health, legal, and ethical issues surrounding prenatal and newborn infant HIV testing and treatment in the United States, including summarizing key state-to-state regulatory differences. Copyright © 2014 Elsevier Inc. All rights reserved.

  7. 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.)

  8. The Court of Justice as an inter-state court

    DEFF Research Database (Denmark)

    Butler, Graham

    2017-01-01

    law obligations, whereas Article 273 TFEU concerns asking the Court to be an adjudicator for inter-state disputes stemming from a bilateral or multilateral arrangement that relates to the subject matters of the treaties. Use of both instruments for inter-state litigation has historically been limited......, demonstrating the strong self-contained regime of law that the Union has built and developed. This article delves into the two inter-state dispute resolution instruments that are within the primary law framework of the European Union, and analyses to what extent inter-state disputes between EU Member States can...

  9. Independent consultants : fiduciary duties, trade secrets and confidential information

    International Nuclear Information System (INIS)

    Fraser, B.; Wilhelmson, M.

    1999-01-01

    Because of cutbacks and downsizing within the petroleum industry, it has become one of the largest users of contract personnel to provide services that were previously provided by senior levels of management. This paper explored the application of common law fiduciary duties and the duty of confidence to the independent workforce. It examined to what extent fiduciary duties apply to independent consultants and the best way for the employer to protect itself from the potential misuse of confidential information. Part 1 of the paper described fiduciary duties. A fiduciary relationship was described as one that possesses the following three characteristics: (1) the fiduciary has scope for the exercise of some discretion of power, (2) the fiduciary can unilaterally exercise that power to affect the beneficiary's practical interests, and (3) the beneficiary is peculiarly vulnerable to the fiduciary holding the discretion of power. Three examples of how the courts treated some arguments regarding fiduciaries were presented. Part 2 of this paper discussed how trade secrets and confidential information should be handled. It was explained, that regardless of fiduciary duties, the unauthorized use of confidential information by an independent contractor can give rise to liability and an award of damages by the courts. Some examples where the Supreme Court of Canada found breach of confidence by a party were presented. Information communicated from an employer to an employee can be divided into the following three categories: (1) publicly accessible and not confidential, (2) confidential and must be treated as such while an employee is employed, but if learned becomes part of the employees skill and knowledge, and (3) specific confidential trade secrets that cannot lawfully be used for anyone's benefit but the employer's. Issues regarding defining rights and obligations by contract were also discussed

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

    Directory of Open Access Journals (Sweden)

    Peter H. Solomon

    2008-10-01

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

  11. International organizations before national courts

    CERN Document Server

    Reinisch, August

    2000-01-01

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

  12. International Justice through Domestic Courts:

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2015-01-01

    of Human Rights immediately followed with an opposing view in the Araguaia case, declaring that the amnesty law lacks effect under the American Convention on Human Rights. Brazilian society now faces an unprecedented challenge: can it expect its domestic courts to implement such international obligations......? Drawing upon the prospects that a renewed STF may revisit the case in response to the mounting pressures of Araguaia, this article examines the complex legal issues that remain around the enforceability of international justice under Brazil’s constitutional framework. The analysis suggests that different...

  13. National Sovereignty and the International Criminal Court

    National Research Council Canada - National Science Library

    Boland, Donald

    1999-01-01

    ...: genocide, war crimes, and crimes against humanity. However, as written, the statute creating the court reduces the sovereignty of nations in its pursuit of protecting international human rights...

  14. 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...... contradiction within the court-connected mediation practice....

  15. The Special Court for Sierra Leone

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

    2004-01-01

    '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......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...

  16. Consequences of the Ruling by the 11th Circuit Court of Appeals on Forest Management Projects

    National Research Council Canada - National Science Library

    2000-01-01

    .... When data were unavailable, we obtained the opinions of Forest Service officials and other stakeholders, including environmental, community, and recreational groups, about the potential consequences. When possible, we provide quantitative information on the consequences attributed to the appeals court's decision.

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

    OpenAIRE

    Solovyev, A.

    2013-01-01

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

  18. [Science and law in courts].

    Science.gov (United States)

    Tallacchini, Mariachiara

    2014-01-01

    Science and law can be seen as the main creators of orders and rules in knowledge-based societies. These relations are particularly delicate in domains where scientific uncertainty and probabilistic causality are more frequently involved, such as environment and health. The decision of the Court of Florence (Tuscany Region, Northern Italy) (Second Criminal Division, 3217/2010, 17th May 2010) - here analysed - deals with the uncertain correlations between PM10 and health. The criminal law case involved some public officers in Tuscany, indicted for having failed to adopt the adequate measures to keep PM10 levels within the limits set by European Directive 2008/50/EC on air quality. In arguing that accusations were ill-founded, the Court, while invoking the validity of science, deliberately chose the scientific evidence relevant to drawing specific legal consequences. Meteorological phenomena are considered as the single determinant of high levels of PM10; their uncertainty is framed as absolute unpredictability and ungovernability, and from these flaws non-responsibility. The concept of coproduction is applied as a useful critical tool to open up the complex relationships between science and law by showing how scientific and legal concepts generate and influence each other even when legal regulations claims to be neutrally and objectively science-based.

  19. Victimological aspects of court judgments

    Directory of Open Access Journals (Sweden)

    Bačanović Oliver

    2012-01-01

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

  20. An Exploration of Treatment and Supervision Intensity among Drug Court and Non-Drug Court Participants

    Science.gov (United States)

    Lindquist, Christine H.; Krebs, Christopher P.; Warner, Tara D.; Lattimore, Pamela K.

    2009-01-01

    Evidence is accumulating that drug court programs appear effective in reducing the substance use and recidivism of drug-involved offenders. As there is no single drug court model, programs vary from site to site and the extent to which individual programs are fully implemented is not well documented. The extent to which drug court programs deliver…

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

    Science.gov (United States)

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

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

  2. 25 CFR 11.912 - Contempt of court.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Contempt of court. 11.912 Section 11.912 Indians BUREAU... 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...

  3. The Right of Access to Court

    Directory of Open Access Journals (Sweden)

    Sokol Mëngjesi

    2015-03-01

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

  4. Kentucky's Unified Court of Justice. Teachers' Manual.

    Science.gov (United States)

    Kentucky State Dept. of Education, Frankfort. Div. of Program Development.

    Resource materials and learning activities to help secondary students in Kentucky learn about their state's court system are provided. The guide begins by providing a history of the Kentucky Court of Justice. Discussed are the qualification of judges, the Retirement and Removal Commission, the Judicial Nominating Commission, and juries. Background…

  5. Court Reaffirms TIAA Must Pay Equal Pensions.

    Science.gov (United States)

    Fields, Cheryl M.

    1984-01-01

    A second court decision supporting the payment of equal retirement pensions to men and women through the Teachers Insurance Annuities Association and College Retirement Equities Fund for retirees, effective after May 1, 1980, is discussed. This federal appeals court decision allows limited retroactivity. (MSE)

  6. 28 JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT

    African Journals Online (AJOL)

    Fr. Ikenga

    a result of hard negotiations, it was agreed that the Rome Statute prohibits the criminal responsibility of persons for ... a given court has the power to determine a jurisdictional question is itself a jurisdictional question. ... Legally defined, jurisdiction is the power of a court to adjudicate cases and issue orders. Traditionally, an ...

  7. Buyer's Guide for Tennis Court Construction.

    Science.gov (United States)

    United States Tennis Court & Track Builders Association.

    This booklet examines seven planning and decision-making tips for investing in and building tennis courts that can prolong court life and get the most from the investment. It examines defining needs, developing a budget, considering the use of a consultant, choosing a site, choosing a surface and developing working specifications, making specific…

  8. Pursuing transparency through science courts

    International Nuclear Information System (INIS)

    Field, Thomas G. Jr.

    1999-01-01

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

  9. Pursuing transparency through science courts

    Energy Technology Data Exchange (ETDEWEB)

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

    1999-12-01

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

  10. Termo de consentimento informado: a visão dos advogados e tribunais Término de consentimiento informado: la visión de los abogados y tribunales Informed consent: the understanding of lawyers and courts

    Directory of Open Access Journals (Sweden)

    Adriano Marteleto Godinho

    2010-04-01

    visión jurídica acerca del universo del consentimiento informado. CONTENIDO: El texto aborda el historial, los conceptos y los fundamentos del Término de Consentimiento, los requisitos para la validez, a saber: capacidad del paciente, voluntariedad, comprensión y prestación de las informaciones relevantes, como también las circunstancias que no necesitan ese Consentimiento. CONCLUSIONES: A través de la firma del Término de Consentimiento Informado, el paciente declara tener conocimiento de la naturaleza de la intervención médica y de los correspondientes riesgos, y los asume con plenitud de conciencia. Se espera que con este artículo, la clase médica esté más consciente de los aspectos legales que están en torno al tema, para que, a partir de ese momento, se puedan evitar las equivocaciones que a menudo hacen llevar la sagrada relación médico-paciente de los consultorios y hospitales, hasta los tribunales.BACKGROUND AND OBJECTIVES: An increase in malpractice lawsuits has been seen in Brazil over the past several years, mainly due to higher awareness of the population regarding the quality of the medical care provided. According to the 1988 Brazilian Constitution and Consumers' Defense Code, physicians cannot subject patients to any treatment or surgical procedure without proper consent. The objective of this article was to provide medical professionals the legal understanding on informed consent. CONSENTS: This report focuses on the history, concepts, and fundaments of the informed consent, and validity requirements such as: capacity, voluntariness, and understanding by the patient, and providing relevant information, as well as the circumstances in which the informed consent is not necessary. CONCLUSIONS: Signing an informed consent is a statement, by the patient, that he/she is aware of the nature of the medical intervention and corresponding risks, and he/she freely accepts those conditions and risks. With this article, we hope the medical community

  11. Courting the expert: a clash of culture?

    Science.gov (United States)

    Caldwell, P

    2005-06-01

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

  12. 48 CFR 6302.38 - Remand from court (Rule 38).

    Science.gov (United States)

    2010-10-01

    ... CONTRACT APPEALS RULES OF PROCEDURE 6302.38 Remand from court (Rule 38). Whenever any court remands a case... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Remand from court (Rule 38... rules. ...

  13. Peace in the International Court of Justice Jurisprudence

    Directory of Open Access Journals (Sweden)

    Mateus Kovalski

    2010-12-01

    Full Text Available The main purpose that led to the creation of the United Nations was peace. The Charter of the United Nations stipulates in its preamble and in Articles 1 and 2 thereof a set of objectives and principles that serve as guidelines for action of the United Nations and of its members. Peace is presented as the structuring and unifying goal of all others. The peace proclaimed in the Charter is thus a broad concept that is not limited to the mere absence of war. Rather, it is a multidimensional concept encompassing various elements of action necessary for the maintenance of its intrinsic condition, such as peaceful coexistence, peaceful settlement of disputes, self-determination, development, promotion and respect for human rights, collective action or respect for sovereignty. The International Court of Justice is the principal judicial organ of the United Nations, thus pertaining to the structure of the organization. Therefore, the Court's work is also devoted to the pursuit of the general objectives of the United Nations, including first and foremost peace as enshrined in the Charter. The present study analyzes the contribution of the activity of the International Court of Justice to peace. Firstly, it will be discussed the role of the Court contextualizing it in the discourse of peace through law. Then it will proceed by reviewing some decisions of the Court seeking to identify outstanding jurisprudential developments concerning peace. From that analysis it is possible to conclude that such developments are mainly inscribed in the liberal-idealist tradition of peace, despite some of them being still laden with outcrops of realism. A symptom of the dynamics that inform the United Nations.

  14. Core information sets for informed consent to surgical interventions: baseline information of importance to patients and clinicians.

    Science.gov (United States)

    Main, Barry G; McNair, Angus G K; Huxtable, Richard; Donovan, Jenny L; Thomas, Steven J; Kinnersley, Paul; Blazeby, Jane M

    2017-04-26

    Consent remains a crucial, yet challenging, cornerstone of clinical practice. The ethical, legal and professional understandings of this construct have evolved away from a doctor-centred act to a patient-centred process that encompasses the patient's values, beliefs and goals. This alignment of consent with the philosophy of shared decision-making was affirmed in a recent high-profile Supreme Court ruling in England. The communication of information is central to this model of health care delivery but it can be difficult for doctors to gauge the information needs of the individual patient. The aim of this paper is to describe 'core information sets' which are defined as a minimum set of consensus-derived information about a given procedure to be discussed with all patients. Importantly, they are intended to catalyse discussion of subjective importance to individuals. The model described in this paper applies health services research and Delphi consensus-building methods to an idea orginally proposed 30 years ago. The hypothesis is that, first, large amounts of potentially-important information are distilled down to discrete information domains. These are then, secondly, rated by key stakeholders in multiple iterations, so that core information of agreed importance can be defined. We argue that this scientific approach is key to identifying information important to all stakeholders, which may otherwise be communicated poorly or omitted from discussions entirely. Our methods apply systematic review, qualitative, survey and consensus-building techniques to define this 'core information'. We propose that such information addresses the 'reasonable patient' standard for information disclosure but, more importantly, can serve as a spring board for high-value discussion of importance to the individual patient. The application of established research methods can define information of core importance to informed consent. Further work will establish how best to incorporate

  15. 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...

  16. TRUE AND FAIR VIEW – THE SUPREM TRUTH IN ACCOUNTING?

    Directory of Open Access Journals (Sweden)

    Ana-Maria MARCULESCU

    2013-06-01

    Full Text Available Acting in a social and economic environment in a continuous movement and transformation, accounting is experiencing with new situations, in its attempt to answer all functions and information users that it generates, making it an important arbitration instrument in the game of those involved in business world. The main characteristic of accounting is represented by providing useful information retrodictive and predictive in an efficient and economic decision process regarding the economic entity's financial position and accounting performance. Under these circumstances, the information must not contain significant errors, is not biased, and users can be confident that it accurately represents what they proposed to represent, or what is expected, in a reasonably manner to be. Fair and true view seen as an ideal to which any professional accountant should aim, seems to be more difficult to achieve under the current conditions, in which fiscal pressure is more and more unbearable and top management is more and more willing to make compromises that sometimes are at a legal limit. In theory, it is well known that registrations and accounting reports must provide a clear image, honest, fair and full on the assets, financial position and results of the entity. In practice, contrary to ethical principles, more and more "servants" of the accounting profession are either willing, or forced to submit distorted accounting information giving the impression of calmness to a disastrous situation.

  17. 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

  18. The Supreme Court of the Estonia : 3-4-1-7-2001 decision of the Supreme Court en banc of 11 October 2001 : review of the petition of Tallinn Administrative Court to declare clause 28 (1) 6) of the Weapons Act invalid

    Index Scriptorium Estoniae

    2001-01-01

    Riigikohtu lahendi 3-4-1-7-01 (Tallinna Halduskohtu taotlus kontrollida Relvaseaduse § 28 lg 1 p 6 vastavust Põhiseaduse §-le 11) tekst inglise keeles. - Lisatud: Dissenting opinion by Lea Kivi, Lea Laarmaa, pp. 163-165

  19. Federal Administrative Court denies the International Union for the Protection of Life the right to file suit

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    In its decision of July 16, 1980, the Federal Administrative Court dismissed the appeal lodged by the International Union for the Protection of Life against the dismissal by the Supreme Administrative Court concerning the action to set aside the preliminary decision on the Kruemmel reactor. The Court denied its right to file suit. The amount in ligitation was fixed at 20000 DM. The appelant cannot assert that his rights are being violated. The appelent's commitment to protect life is not hindered in an administrative way by the preliminary decision. Only members of the association could put forward that the basic rights of the individual protected in Art. 2, Sect. 2 of the Basic Law are being endangered. Section 7 (2) of the Atomic Energy Law does not serve to protect the freedom of association, it gives third party protection for associations only in case of property damage. Neither can the right to file suit be derived for the addressee of a decision from Section 4 (2) of the Ordinance concerning the procedure for licensing nuclear installations. (HSCH) [de

  20. Court Governance in Context: Beyond Independence

    Directory of Open Access Journals (Sweden)

    Tin Bunjevac

    2011-12-01

    Full Text Available There is a growing trend in some of the world’s most advanced western democracies of entrusting certain “framework” aspects of court administration to independent judicial agencies. This trend was highlighted in my recent study of the models of court administration, in which I examined court governance systems in seven Australian and international jurisdictions.This article will focus on the reasons behind the establishment of such agencies and the need for judges and policy makers to clearly identify the problems, aims and drivers for reform before embarking on a mission to adopt a particular “model.” At first, this may seem like an obvious proposition; however, recent experience in overseas jurisdictions demonstrates that it is not easy to reach a consensus on even the most basic issues affecting the administration of justice in courts.

  1. What Defines an International Criminal Court?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2015-01-01

    Since the post-World War II tribunals, only few scholars have attempted to draw a definitional distinction between international and national criminal courts. Remarkable exceptions include Robert Woetzel, who in 1962 categorized criminal courts according to ‘the involvement of the international...... community’, and Sarah Williams, who 50 years later relied on the same factor in her definitions of ‘hybrid’ and ‘internationalized’ criminal tribunals. Through examples of rulings by the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia, this article will demonstrate...... 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...

  2. 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...

  3. Explaining African Participation in International Courts

    DEFF Research Database (Denmark)

    Gissel, Line Engbo; Brett, Peter

    2018-01-01

    Africa has more international courts than any other continent, yet International Relations scholarship has failed to explain this move to law on the African continent. This article provides such an explanation using Jean-François Bayart’s concept of extraversion. It shows how the creation...... of international courts in the 1990s and early 2000s was the result of extraverted strategies for attracting international resources and pre-empting donor pressures for political and legal reforms. By adopting these strategies, African states failed to behave in the ‘strategic’ manner anticipated by both...... Tribunal and International Criminal Court. Using the case studies of Zimbabwe and Kenya, it shows how global scripts were repeated by even those states which have, in recent years, most vocally asserted their national interests against these courts....

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

    Directory of Open Access Journals (Sweden)

    Joanna Koziollek

    2018-03-01

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

  5. 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 ...

  6. Public mood in day of the first elections in the Supreme Soviet of RSFSR

    OpenAIRE

    Salogubov, Dmitriy Yurevich

    2012-01-01

    On the basis of archival materials of Department of popularization and propaganda of Tambov region committee of The All-Union communist party (Bolsheviks) the public mood in the election day in the Supreme Soviet of RSFSR of the first convocation (June, 26th, 1937) is investigated in the article. The public mood is considered as the indicator of the relation of the population to the power: the concrete facts of positive and negative attitude of different levels of popul...

  7. 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

    the Supreme Court Plenum which subsequently will ensure the unity and consistency of enforcement actions against persons with mental disorders in the Russian Federation. nbsp

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

    International Nuclear Information System (INIS)

    Berkemann, J.

    1985-01-01

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

  9. 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.

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

    African Journals Online (AJOL)

    On the one hand, the dualism of the court structure presupposes that the federal courts adjudicate federal criminal matters, where as state courts adjudicate state criminal matters. This principle is accompanied by an exception that the state courts adjudicate federal criminal matters by delegation power. On the other hand, ...

  11. The Admissibility of Subregional Courts' Decisions before the ...

    African Journals Online (AJOL)

    However, it is not clear whether the cases decided by subregional courts are admissible before the African Commission on Human and Peoples' Rights or the African Court on Human and Peoples' Rights. Focusing on the Economic Community of West African States Court of Justice, the East African Court of Justice, and the ...

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

    African Journals Online (AJOL)

    AbdiJA

    subregional courts are admissible before the African Commission on Human and Peoples' Rights or the African ... subregional courts. Key words. Admissibility, African Commission, African Court, subregional courts, res ...... 189 Communication 233/99, Interights (on behalf of Pan African Movement and. Citizens for Peace in ...

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

    Directory of Open Access Journals (Sweden)

    Pamela Ryder-Lahey

    2008-01-01

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

  14. PROCEDURAL NORMS AND SUBSTANTIVE NORMS: THE PRIMACY OF JUS COGENS NORMS AND UNDERSTANDING OF THE INTERNATIONAL COURT OF JUSTICE

    Directory of Open Access Journals (Sweden)

    Elisa Resende Bueno Da Fonseca

    2015-12-01

    Full Text Available The purpose of this paper is to analyze the relationship between the procedural rule of State immunity and substantive rule of jus cogens prohibiting torture and slave labor in the case Germany v. Italy judged by the International Court of Justice in 2012. Notwithstanding the recognized superiority of peremptory norms, in the case, its analysis was impeded by application of the procedural rule of immunity. The suppression of the rule that expresses the higher values of the international community resulted in manifest injustice and impunity. Through detailed analysis of the characteristics and effects substantive rules of jus cogens, as well as its distinction of rules of procedural character, and considering the theoretical framework humanization of international law, this work states that the contemporary international law does not allow a procedural rule prevents the application of a substantive rule of jus cogens, exactly by the supreme value this last protects: the human being.

  15. Reviem Of Legal Relevance Program School No Political Party Based On The Proportionality And Evidence And Justifiability Controls Applied By The Brazilian Supreme Court

    OpenAIRE

    Baggenstoss, Grazielly Alessandra

    2016-01-01

    This research examines the legal context of bringing the School No Political Party Program, which aims to include legal provisions in the Law of Guidelines and Bases of National Education. Therefore, the problem of research is if the mentioned project has legal relevance to the Brazilian legal system , as well as the current pedagogical context. Thus, with deductive method, the question is examined from the proportionality test of Robert Alexy and Evidence and Justifiability Controls, applied...

  16. Judgment of the Constitutional Review Chamber of the Supreme Court en banc : no. of the case 3-4-1-5-02 : date of desicion 28 October 2002

    Index Scriptorium Estoniae

    2002-01-01

    Riigikohtu lahendi 3-4-1-5-02 (Tallinna Halduskohtu taotlus ORAS §7 lg 3 põhiseadusele vastavuse selgitamiseks) tekst inglise keeles. - Lisatud: Dissenting opinion by Jüri Ilvest, Henn Jõks, Lea Kivi, Villu Kõve, pp. 214-215

  17. The Effects of Segregation and the Consequences of Desegregation A (September 1952) Social Science Statement in the Brown v. Board of Education of Topeka Supreme Court Case

    Science.gov (United States)

    Clark, Kenneth B.; Chein, Isidor; Cook, Stuart W.

    2004-01-01

    This statement was an appendix to the appellants' briefs in the Brown v. Board of Education of Topeka, Kansas, Briggs v. Elliott, and Davis v. Prince Edward County, Virginia, cases. The statement offers definitions of segregation and discusses the implications and potential effects of segregation on children both in minority and majority groups.

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

    NARCIS (Netherlands)

    Bader, V.

    2010-01-01

    In recent debates on the constitutional status of 'secularism' we can discern three positions. The first tries to overcome the absence of 'secularism' in most liberal-democratic constitutions by developing a more robust theory of constitutional secularism. The second develops theories of

  19. The Danish Supreme Court rules on State action defense and refusal to supply under Danish competition law (Copenhagen Airport Terminal A)

    DEFF Research Database (Denmark)

    Bergqvist, Christian; Christensen, Laurits Peder Schmidt

    2015-01-01

    for the purpose of building a new terminal A. Terminal A would compete with the airport in the supply of services to airlines. Copenhagen airport rejected the request which in turn lead the group of investors to complain to the Danish Competition and Consumer Authority ("DCCA"). In its draft decision the DCCA...

  20. 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.

  1. 76 FR 27991 - Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Notice of Court Decision...

    Science.gov (United States)

    2011-05-13

    ...) (``Timken''), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, F.3d, Court No. 2010-1024...; telephone: (202) 482-6905. SUPPLEMENTARY INFORMATION: Background In the second administrative review of the...

  2. Regulatory behaviour under threat of court reversal

    DEFF Research Database (Denmark)

    Söderberg, Magnus; Menezes, Flavio; Santolino, Miguel

    2018-01-01

    This paper investigates howregulators influence outcomes in regulated marketswhen their decisions are subject to the threat of court review.We develop a theoretical model that provides a number of behavioural implications when (i) all regulators' dislike having their decisions overturned by courts......, (ii) inexperienced regulators care more about not having their decisions overturned than experienced regulators, and (iii) experienced regulators also care about consumer surplus. The theoretical implications are tested using a database of Swedish regulatory decisions from the electricity distribution...... experience, complexity and regulatory outcomes are both statistically and economically significant. Simulations show that if those decisions that were not appealed had been appealed, then the court would have lowered the prices by 10% on average....

  3. 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.

  4. Liquidation of Limited Companies Dissolved by Courts

    OpenAIRE

    Dvorníková, Jiřina

    2012-01-01

    As a topic of my dissertation I have chosen a " Liquidation of capital commercial companies cancelled by a court." The reason to choose this topic was the fact, that it is a process not discussed by the professional public as much, including the "forced company liquidation", which is executed on the base of court decision. The reason was the situation, when there is a constant growth of dysfunctional companies, that are unable of further business activity and the bodies of such companies do n...

  5. Exploring the Effects of Court Dispositions on Future Domestic Violence Offending: An Analysis of Two Specialized Domestic Violence Courts.

    Science.gov (United States)

    Pinchevsky, Gillian M

    2015-05-27

    This study seeks to explore the relationship between court dispositions and reoffending within and across two specialized domestic violence (DV) courts located in the United States. The samples for this study are comprised of defendants whose cases were disposed of within the two courts between 2004 and 2006. This study assessed the effects of prosecution, conviction, and sentencing decisions on the prevalence, incidence, and time-to-rearrest for a new DV offense in the 3 years post-disposition both within and across courts. Findings indicate a limited crime-control effect of court dispositions on future offending. Furthermore, despite differences in the community context, policies, and court dispositions across the two courts, the magnitude of the disposition-recidivism relationship is similar across courts. It is important to understand the findings within the context of the specific courts; a discussion of the results is provided. © The Author(s) 2015.

  6. Firearms and health: the right to be armed with accurate information about the Second Amendment.

    Science.gov (United States)

    Vernick, J S; Teret, S P

    1993-12-01

    An organized campaign by groups such as the National Rifle Association has sought to convince policymakers and others that the Second Amendment to the US Constitution grants an unfettered right to individuals to possess any firearm, free from federal or state regulation. Although advocates may debate the meaning that should be given to the Second Amendment, under the American legal system the meaning of any particular constitutional provision is determined by the controlling precedent of Supreme Court cases. Two cases, Presser v Illinois and United States v Miller, remain the Supreme Court's latest word on the meaning of the Second Amendment. In Presser, the Court held that the Second Amendment is applicable only to federal, not state, laws. In Miller and subsequent federal cases, any Second Amendment "right" to bear arms is closely linked to the preservation of state militias, upholding a variety of federal gun legislation. Unless the Supreme Court modifies or reverses its Presser and Miller decisions, health advocates should understand that the Second Amendment poses no obstacle to even broad gun control legislation.

  7. Social Media and the Courts: Innovative Tools or Dangerous Fad? A Practical Guide for Court Administrators

    Directory of Open Access Journals (Sweden)

    Norman Meyer

    2014-06-01

    Full Text Available This article gives a comprehensive overview of what social media are, why social media are important in society and the courts, how social media can be used effectively, what social media platforms are well-suited to the courts, what problems can arise, and how to proactively deal with such problems. In the early years of social media use in the courts there was a lot of skepticism. As we have gained experience most problems have been shown to be less severe or have been solved. Meanwhile, many usage advantages have become apparent. Research in the United States has shown that judges are increasingly supporting social media use by themselves and their courts, and are less concerned about problems and compromising ethics.The courts hold a special place in government as impartial arbiters of legal disputes. We, as court leaders, must fulfill the public’s trust in us to achieve the highest level of service while upholding the rule of law. As we have seen, social media are excellent tools to make this a reality—the challenge is to securely and effectively leverage these tools in the court setting.

  8. The Indultados of Tescua: Criminal Rebellion and Judicial Reckoning during the War of the Supremes

    Directory of Open Access Journals (Sweden)

    Joshua M. Rosenthal

    2012-07-01

    Full Text Available In 1841 the public of Bogota followed the trial of 22 prisoners charged with the crime of rebellion during the War of the Supremes. Captured while serving as officers at the battle of Tescua, the accused claimed they had been forced to serve in the rebel army. This excuse was ignored and 21 of the defendants were sentenced to death, only to be spared by decrees of indulto in the following months. This article examines the logic behind such judicial reckoning, the narrative strategies employed by the accused in their defense, and the meaning of clemency in the early republic.

  9. 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 ...

  10. Higher Education Discrimination and the Courts.

    Science.gov (United States)

    VanderWaerdt, Lois

    1981-01-01

    In past cases involving sex or racial discrimination in faculty employment, the courts have imposed less stringent standards on institutions of higher education than on employers in industry or the professions. Recent decisions indicate that stricter judicial requirements are now being extended to colleges and universities. (Author/RW)

  11. Analysis of a Juvenile Court Diversion Program.

    Science.gov (United States)

    Rose, Steven R.

    1997-01-01

    Addresses a gap in knowledge about the characteristics of adolescents served by court diversion programs by examining randomly selected cases. Presents a characterization of adolescents, their families of origin, employment, offenses, and processing in the diversion system. Findings center on the impact of alcohol, unemployment, and the…

  12. 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)

  13. 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

  14. War Crimes Tribunals: A Permanent Criminal Court?

    Science.gov (United States)

    Dorsey, James E.; Rudelius-Palmer, Kristi

    1997-01-01

    Reports on the establishment and jurisdiction of war crimes tribunals in recent years. The tribunals, established and supported by the United Nations, investigate atrocities and other crimes committed during wartime. Discusses the tribunals in Rwanda and Yugoslavia, and the political opposition to the establishment of a permanent court. (MJP)

  15. Courts, Scheduled Damages, and Medical Malpractice Insurance

    DEFF Research Database (Denmark)

    Bertoli, Paola; Grembi, Veronica

    We assess the impact of the introduction of schedules of non-economic damages (i.e. tiered caps systems) on the behavior of insurers operating in the medical liability market for hospitals while controlling the performance of the judicial system, measured as court backlog. Using a difference...

  16. 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...

  17. The Negative Theology of Wallace Stevens’s “Notes Toward a Supreme Fiction”

    Directory of Open Access Journals (Sweden)

    William Franke

    2017-04-01

    Full Text Available The supreme fiction is the one that cannot be said or represented at all. Like a negative theologian; Stevens starts from a position of critical reflection that can no longer naively believe in the myths of the gods. They have become fiction rather than revelation. And yet this supreme fiction; now become nameless; nevertheless animates all his desire: “For what; except for you; do I feel love?” These myths or fictions bring him peace of mind in vivid transparence; even though he can assign them no definite reference in reality. What becomes transparent in this late age of critical reflection is that the world we see and talk about is an “invented world,” the product of our own imagination and language. This destroys our naive belief in the myths projected by our language. Our gods die. Yet precisely this realization can open us to that “heaven/That has expelled us and our images,” the heaven that we do not perceive and cannot conceive—since it is beyond the reach of language.

  18. Unilateral Hypoglossal Nerve Palsy after Use of the Laryngeal Mask Airway Supreme

    Directory of Open Access Journals (Sweden)

    Kenichi Takahoko

    2014-01-01

    Full Text Available Purpose. Hypoglossal nerve palsy after use of the laryngeal mask airway (LMA is an exceptionally rare complication. We present the first case of unilateral hypoglossal nerve palsy after use of the LMA Supreme. Clinical Features. A healthy 67-year-old female was scheduled for a hallux valgus correction under general anesthesia combined with femoral and sciatic nerve blocks. A size 4 LMA Supreme was inserted successfully at the first attempt and the cuff was inflated with air at an intracuff pressure of 60 cmH2O using cuff pressure gauge. Anesthesia was maintained with oxygen, nitrous oxide (67%, and sevoflurane under spontaneous breathing. The surgery was uneventful and the duration of anesthesia was two hours. The LMA was removed as the patient woke and there were no immediate postoperative complications. The next morning, the patient complained of dysarthria and dysphasia. These symptoms were considered to be caused by the LMA compressing the nerve against the hyoid bone. Conservative treatment was chosen and the paralysis recovered completely after 5 months. Conclusion. Hypoglossal nerve injury may occur despite correct positioning of the LMA under the appropriate intracuff pressure. A follow-up period of at least 6 months should be taken into account for the recovery.

  19. [Cochlear implants in the social courts].

    Science.gov (United States)

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

    2018-02-01

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

  20. 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.

  1. The Supreme Court Decision in "NCAA v. University of Oklahoma." Hearing before the Committee on the Judiciary. United States Senate, Court's Decision in "NCAA v. Board of Regents of the University of Oklahoma" (Cedar Falls, Iowa, November 19, 1984).

    Science.gov (United States)

    Congress of the U.S., Washington, DC. Senate Committee on the Judiciary.

    In 1951, recognizing that television telecasts may decrease attendance at games, the National Collegiate Athletic Association (NCAA) devised a plan which gave it exclusive control over the broadcasting of college football games. The contracts negotiated by the NCAA with ABC and CBS contained a number of restrictions designed to give as much…

  2. In The U.S. Supreme Court SEQUENOM v. ARIOSA DIAGNOSTICS- On Petition For A Writ Of Certiorari To The U.S. Court Of Appeals For The Federal Circuit

    DEFF Research Database (Denmark)

    Minssen, Timo; Schwartz, Robert M.

    2016-01-01

    Sequenom’s patentable subject matter test introduced a rigid, atomistic approach to claims eligibility that would result in an unsound change to US patent policy, which has encouraged the global convergence of patent standards for over twenty years. The Sequenom 35 U.S.C. § 101 test conflicts wit...

  3. Accepting the judgments of the Court of Justice of the European Union as authoritative: The Supreme Court of Ireland, the European stability mechanism and the importance of legal certainty / Angelina Cox , Peter Charleton

    Index Scriptorium Estoniae

    Cox, Angelina

    2016-01-01

    Iirimaa ja Saksamaa selgelt eristuvast konstitutsioonilisest mudelist. Euroopa Liidu stabiilsusmehhanismi kehtivusest Iiri õiguses. Euroopa Liidu liikmesriikide konstitutsioonikohtutest ja nende vastastikusest toimest Euroopa Kohtuga

  4. Do justice to court interpreters in South Africa | Lebese ...

    African Journals Online (AJOL)

    Many countries have developed statutory provisions governing norms and standards of practice (NSPs) for court interpreters. However, in South Africa, in the case of State versus Naidoo (1962:631), Judge Williamson states that “in relation to the courts of this country, there appears to be no statutory provision, Rule of Court ...

  5. Problems Faced by Court Interpreters in Botswana | Miyanda ...

    African Journals Online (AJOL)

    Court interpreting is a rather complex task. Inaccuracies in legal interpreting or translation can have serious consequences. Using oral interviews and a written questionnaire, this study set out to establish the problems faced by court interpreters in Botswana in the course of their duties, the kind of training offered to court ...

  6. 5 CFR 838.134 - Receipt of multiple court orders.

    Science.gov (United States)

    2010-01-01

    ... Section 838.134 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) COURT ORDERS AFFECTING RETIREMENT BENEFITS Court Orders Generally Procedures... orders from the same jurisdiction, OPM will consider only the latest court order; or (2) If the employee...

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

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

    Outputs. Journal articles. Improving courts' initial decisions : an experiment in a Mexican labor court. Journal articles. Monitoring and notification : evidence from a field experiment in a Mexican labor court. Journal articles. Delay and corruption : a simple model with empirical tests ...

  8. The South African constitutional court's use of foreign precedent in ...

    African Journals Online (AJOL)

    ... Court or whether it is a characteristic of a court which is confident enough that its independence will remain intact in spite of its looking elsewhere for answers. KEYWORDS: transjudicialism; foreign precedent, comparative judicialism, stare decisis; foreign case law; comparative constitutionalism; Constitutional Court.

  9. 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…

  10. Court affirms HIV test order in sexual molestation case.

    Science.gov (United States)

    1998-06-12

    In People v. [Name removed], the California 2nd District Court of Appeals upheld the court-ordered HIV-testing of a man convicted of sexually molesting his two nieces nine years ago. The court stated that, according to Penal Code 1202.1, such testing is warranted when sexual offenses occur and when the possibility of transmission is shown.

  11. 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,…

  12. Agricultural genetics goes to court.

    Science.gov (United States)

    Fox, Jeffrey L; Norman, Colin

    1983-09-30

    A coalition of environmental groups headed by activist Jeremy Rifkin has filed lawsuits to halt experiments that would release genetically engineered organisms into the environment. One suit, filed against the National Institutes of Health on 14 September 1983, would block tests by researchers at the University of California, Berkeley. A second suit, filed 16 September 1983 against Cetus Madison and BioTechnica, seeks to halt field tests that had been approved by NIH's Recombinant DNA Advisory Committee. At issue are NIH's role in evaluating the risks of genetic experimentation, and the public's right of access to proprietary information.

  13. Political Elite under Manuel II Palaiologos: the Evolution of the Court Hierarchy

    Directory of Open Access Journals (Sweden)

    Tatyana V. Kushch

    2016-11-01

    Full Text Available This paper will focus on the political elite of Byzantium in the late fourteenth and early fifteenth centuries and the changes in its structure. According to the analysis of prosopographic data, the number of the ruling elite considerably decreased during the reign of Manuel II Palaiologos. The hierarchy of titles and offices declined, so that many of them, even of supreme level, were not granted anymore, and later disappeared from political life. The central administrative machinery was reduced to the size of the imperial court. The ruling elite incorporated the descendants of famous Byzantine families and persons who established friendly relations with Manuel II. The emperor considerably raised the role of his intellectual retinue. Often without official titles and positions, the intellectuals, nevertheless, became key figures in the empire’s political affairs. However, in parallel to the ruling class that concentrated in the capital, Morea and Thessalonike developed their own local political elites. The hierarchy of officeholders doubled at the level of despotates, where positions from the former all-empire administration still existed. The developed system of administration of separate parts of the empire, the reduction of territories, limited financial resources, economic stagnation, and the decline of taxable population caused the degradation of the hierarchy of dignitaries, the simplification of the administrative system, and the change of the nature of mutual relations of the emperor and his courtiers.

  14. 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.

  15. 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.

  16. Delay discounting, self-control, and substance use among adult drug court participants.

    Science.gov (United States)

    Jones, Craig G A; Fearnley, Helen; Panagiotopoulos, Barbara; Kemp, Richard I

    2015-08-01

    The current study examined the relationship between two measures of impulsiveness and the odds of substance use among a sample of participants on an Australian drug court (n=80). Participants completed a computer-based delay discounting task, a paper-based delay discounting task, and a questionnaire-based measure of self-control. The delay discounting tasks measured individual differences in the value attributed to distal outcomes, which is one aspect of impulsive behavior that has been found to be over-represented among illicit drug users. The relationship between the measures of impulsiveness and the odds of substance use was assessed by fitting longitudinal panel regression models with adjustment for informative treatment dropout. Consistent with previous research, drug court participants were found to have higher discount rates (i.e. were more impulsive) than a noncriminal population of university students (n=101). Drug court participants also discounted delayed gains more than delayed losses. Delay discounting was not significantly associated with the odds of substance use on the drug court program. There was a positive relationship between the survey-based measure of impulsivity and the mean substance use frequency. The authors conclude that impulsivity is correlated with substance use among drug court participants but not when measuring impulsivity using a delay discounting paradigm.

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

    Science.gov (United States)

    Veshi, Denard

    2017-06-01

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

  18. 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.

  19. Courts — not kinship — offer greater opportunity for South Asian ...

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

    2018-01-29

    Jan 29, 2018 ... Women and people from marginalized populations need well-functioning courts to realize their potential, research in Bangladesh and India has ... The inefficiency of the legal system is forcing entrepreneurs to seek contract assurance through informal networks shaped by family, ethnicity, gender, and caste.

  20. 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.

  1. Home Court Is Where the Heart Is

    Science.gov (United States)

    Hoover, Eric

    2009-01-01

    Home-court advantage is considered as the edge that sports teams seem to gain when they play in their own arenas. Exactly why it happens, though, is a long-enduring mystery. It is a long-enduring puzzle that psychologists and coaches are at a loss to explain. Fans who paint their faces, taunt their opponents, and scream their throats raw may think…

  2. 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.

  3. Lac Courte Oreilles Energy Analysis Project

    Energy Technology Data Exchange (ETDEWEB)

    Leslie Isham; Denise Johnson

    2009-04-01

    assessment and funding to do so will be sought. While we already are in ownership of a Hydro Dam it is currently not functioning to its full capacity we are seeking operation and maintenance firm proposals and funding sources. One of our biggest accomplishment this project gave us was our total Carbon Emissions 9989.45 tons, this will be the number that we will use to base our reductions from. It will help us achieve our goals we have set for ourselves in achieving the Kyoto Protocol and saving our Earth for our future generations. Another major accomplishment and lesson learned is we need to educate ourselves and our people on how to conserve energy to both impact the environment and our own budgets. The Lac Courte Oreilles (LCO) Energy Analysis Project will perform an energy audit to gather information on the Tribe's energy usage and determine the carbon emissions. By performing the audit we will be able to identify areas where conservation efforts are most viable and recommend policies that can be implemented. These steps will enable LCO to begin achieving the goals that have been set by the Tribal Governing Board and adopted through resolutions. The goals are to reduce emissions by 25% and to produce 25% of its energy using sustainable sources. The project objectives were very definitive to assist the Tribe in achieving its goals; reducing carbon emissions and obtaining a sustainable source of energy. The following were the outlined objectives: (1) Coordinate LCO's current and future conservation and renewable energy projects; (2) Establish working relationships with outside entities to share information and collaborate on future projects; (3) Complete energy audit and analyze LCO's energy load and carbon emissions; (4) Identify policy changes, education programs and conservation efforts which are appropriate for the LCO Reservation; and (5) Create a plan to identify the most cost effective renewable energy options for LCO.

  4. Court rules against failed viatical firm in investor suit.

    Science.gov (United States)

    1999-10-01

    A Federal appeals court has revived a claim against Dignity Partners Inc., a viatical business, and offshoot of a financial-services firm. Dignity Partners operated by buying the life insurance policies of terminally ill people. The company was charged with making false and misleading statements in its prospectus for an initial public stock offering. Five months later, the company announced that it would not accept new customers with AIDS, a group which represented 95 percent of its accounts at that time. The company had information from researchers and clinicians that the introduction of protease inhibitors would greatly increase life expectancy for its customers and would reduce company profits. This information was not generally available to potential investors. The suit against the company alleges violations of the Securities Act of 1933 and the Exchange Act of 1934, both which govern stock trading.

  5. 32. science week of the Supreme Council of Sciences, Damascus (SY), 7-13 Nov 1992, Book 3, Pt. 2

    International Nuclear Information System (INIS)

    1994-01-01

    This publication is part 2 of book 3 of the 32nd science week of the Supreme Council of Sciences, held in Damascus (Syria) from 7-13 Nov 1992. This part contains papers presented at this meeting on agricultural science: Animal production, insects, crops, feeds, pastures, food sciences

  6. 32. science week of the Supreme Council of Sciences, Damascus (SY), 7-13 Nov 1992, Book 2, Pt. 3

    International Nuclear Information System (INIS)

    1994-01-01

    This publication is part 3 of book 2 of the 32nd science week of the Supreme Council of Sciences, held in Damascus (Syria) from 7-13 Nov. 1992. This part contains papers presented at this meeting on basic sciences: physics and mathematics

  7. Court Buildings, LAGIC is consulting with local parish GIS departments to create spatially accurate point and polygons data sets including the locations and building footprints of schools, churches, government buildings, law enforcement and emergency response offices, pha, Published in 2011, 1:12000 (1in=1000ft) scale, LSU Louisiana Geographic Information Center (LAGIC).

    Data.gov (United States)

    NSGIC Education | GIS Inventory — Court Buildings dataset current as of 2011. LAGIC is consulting with local parish GIS departments to create spatially accurate point and polygons data sets including...

  8. Presidential Control of High Courts in Latin America: A Long-term View (1904-2006 Control presidencial de las cortes supremas en América Latina. Una mirada histórica (1904-2006

    Directory of Open Access Journals (Sweden)

    Aníbal Pérez-Liñán

    2009-07-01

    Full Text Available In many Latin American countries the executive branch manipulatesthe composition of the Supreme Court, and judicial independence hasremained elusive. Because high courts can exercise judicial review and influencelower courts, incoming presidents often force the resignation of adversarialjustices or “pack” the courts with friends. One indicator of this problemhas been the high turnover among members of the high courts. In thispaper we offer systematic evidence to compare this problem across countriesand to place this issue in historical perspective. Our analysis covers 11Latin American countries (Argentina, Brazil, Chile, Colombia, Costa Rica, ElSalvador, Guatemala, Honduras, Mexico, Panama, and Uruguay between1904 and 2006. We model the entrance of new justices to the SupremeCourt as a function of “natural” (legal and biological factors, political conditionsempowering the president to reshuffle the Court, and institutionalincentives promoting executive encroachment on the judiciary. En muchos países de América Latina el poder ejecutivo manipulala composición de la Corte Suprema, y por ende la independencia del poderjudicial ha resultado difícil de alcanzar. Debido a que las cortes supremaspueden ejercer el control de constitucionalidad e influir en las cortes inferiores,los presidentes entrantes a menudo han forzado la renuncia de jueces adversoso han aumentado el número de miembros en la corte para nombrar a juecesamigos. Un indicador de este problema ha sido la alta tasa de recambio de losmiembros en las cortes. En este trabajo ofrecemos evidencia sistemática paracomparar este problema entre los países así como también para tratar el temadesde una perspectiva histórica. El análisis abarca 11 países de América Latina(Argentina, Brasil, Chile, Colombia, Costa Rica, El Salvador, Guatemala,Honduras, México, Panamá y Uruguay entre 1904 y 2006. Modelamos laentrada de un nuevo juez a la Corte Suprema como resultado de factores

  9. Comparison of laryngeal mask airway supreme and laryngeal mask airway proseal for laryngopharyngeal trauma and postoperative morbidity in children.

    Science.gov (United States)

    Aydogmus, Meltem Turkay; Eksioglu, Birsen; Oba, Sibel; Unsal, Oya; Türk, Hacer Sebnem Yeltepe; Sinikoglu, Sitki Nadir; Tug, Aslihan

    2013-01-01

    Laryngeal mask airway (LMA), which has been used frequently in airway management, can cause laryngopharyngeal injury and morbidity. In this trial, we compare the macroscopic changes on laryngopharyngeal structures and the postoperative laryngopharyngeal morbidity by using LMA supreme with LMA proseal in children. We divided patients into two groups. We inserted size three LMA proseal into the first group and size three LMA supreme into the second group. Before LMA insertion and after LMA removal, we performed direct laryngoscopy on the patients. We compared hyperemia, mucosal injury and blood staining on LMA removal, as well as insertion time, rate of success in gastric tube insertion on the first attempt, nausea, vomiting, and sore throat between the two groups. We recorded no significant differences between the two groups for mean operation time, sex, age, weight, rate of success in gastric tube insertion on first attempt, nausea, vomiting, sore throat and mucosal injury. Mean insertion time for the LMA proseal group was significantly longer than the LMA supreme group (p = 0.0001). The ratio of blood staining on LMA removal was significantly higher in the LMA proseal group than the LMA supreme group (p = 0.034). The patients with blood staining on LMA removal exhibited significantly more mucosal hyperemia and injury than the patients with clear LMA (p = 0.0001, p = 0.020). LMA supreme insertion is faster and easier than LMA proseal and causes less laryngopharyngeal injury than LMA proseal in children. Copyright © 2013 Sociedade Brasileira de Anestesiologia. Published by Elsevier Editora Ltda. All rights reserved.

  10. Construction of a Multisite DataLink Using Electronic Health Records for the Identification, Surveillance, Prevention, and Management of Diabetes Mellitus: The SUPREME-DM Project

    Science.gov (United States)

    Desai, Jay; Elston Lafata, Jennifer; Lawrence, Jean M.; O’Connor, Patrick J.; Pathak, Ram D.; Raebel, Marsha A.; Reid, Robert J.; Selby, Joseph V.; Silverman, Barbara G.; Steiner, John F.; Stewart, W.F.; Vupputuri, Suma; Waitzfelder, Beth

    2012-01-01

    Introduction Electronic health record (EHR) data enhance opportunities for conducting surveillance of diabetes. The objective of this study was to identify the number of people with diabetes from a diabetes DataLink developed as part of the SUPREME-DM (SUrveillance, PREvention, and ManagEment of Diabetes Mellitus) project, a consortium of 11 integrated health systems that use comprehensive EHR data for research. Methods We identified all members of 11 health care systems who had any enrollment from January 2005 through December 2009. For these members, we searched inpatient and outpatient diagnosis codes, laboratory test results, and pharmaceutical dispensings from January 2000 through December 2009 to create indicator variables that could potentially identify a person with diabetes. Using this information, we estimated the number of people with diabetes and among them, the number of incident cases, defined as indication of diabetes after at least 2 years of continuous health system enrollment. Results The 11 health systems contributed 15,765,529 unique members, of whom 1,085,947 (6.9%) met 1 or more study criteria for diabetes. The nonstandardized proportion meeting study criteria for diabetes ranged from 4.2% to 12.4% across sites. Most members with diabetes (88%) met multiple criteria. Of the members with diabetes, 428,349 (39.4%) were incident cases. Conclusion The SUPREME-DM DataLink is a unique resource that provides an opportunity to conduct comparative effectiveness research, epidemiologic surveillance including longitudinal analyses, and population-based care management studies of people with diabetes. It also provides a useful data source for pragmatic clinical trials of prevention or treatment interventions. PMID:22677160

  11. 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

  12. Performance Assessment in Courts - The Swiss Case

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2014-12-01

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

  13. 關於UDRP決定司法效力之研究 ― 以海峽兩岸法院裁判為中心 The Legal Position of UDRP Decision ― Focus on Chinese and Taiwanese Court Judgment

    Directory of Open Access Journals (Sweden)

    蔡志宏 Chih-Hong (Henry Tsai

    2012-06-01

    Full Text Available UDRP(Uniform Domain Name Dispute Resolution Policy)並非法律亦非條約,卻解決了成千上萬的域名糾紛,其司法效力如何,不但值得從學理上探討,也是司法實務所不可迴避的問題。本文乃先從學理邏輯上,論析UDRP 決定可能之不同效力模式,並從各國司法主權行使、UDRP 制定意旨及規定、當事人權利保障等各方面論證對於UDRP 決定不應賦予任何司法效力。繼而針對此問題,以海峽兩岸法院判決進行實證研究。研究結果發現中國大陸法院就此有較為統一之司法解釋,正確地指引法院處理域名爭議案件;臺灣法院對於此類案件及相類似之TWDRP(Taiwan Network Information Center Domain Name Dispute Resolution Policy)決定案件,則有較為分歧的見解。本文亦針對中國大陸之司法解釋及臺灣法院之不同見解,進行評析,並提出具體建議,除希望可以促進商標與域名衝突之法制,可以有更正向細緻的發展,也期待在兩岸乃至全球間能有一致性之處理。 UDRP (Uniform Domain Name Dispute Resolution Policy is neither national law nor international treaty. Even so, it solves hundreds of thousands domain name disputes. What is its legal position under the current law? It is a question worthy for the academic study and cannot be voided in the judicial practice. This article firstly discusses the different kinds of possible legal positions for UDRP decision, then argues that UDRP decision shall have no legal effect under the current law from the view of national judicial sovereignty, the legislative intent of UDRP, and party’s right. This article also makes an empirical study on Chinese and Taiwanese Court Judgments. In the study, this article finds that China has an uniform judicial explanation from the Supreme People’s Court that correctly guide the lower courts to deal with the UDRP decision. In the contrast, Taiwan has

  14. THE RIGHT TO AN INDEPENDENT COURT

    Directory of Open Access Journals (Sweden)

    ALIN-GHEORGHE GAVRILESCU

    2011-04-01

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

  15. The Sacramento Dependency Drug Court: development and outcomes.

    Science.gov (United States)

    Boles, Sharon M; Young, Nancy K; Moore, Toni; DiPirro-Beard, Sharon

    2007-05-01

    Dependency Drug Courts (DDCs) are a growing method of addressing the functional status and reunification success of families involved in child welfare and affected by substance use disorders. Despite widespread interest in DDCs, few evaluations have appeared in the literature to help inform the discussion about their effectiveness. This article provides a description of various types of DDCs and reports 24-month reunification rates from the Sacramento DDC. Results indicated that DDC participants had higher rates of treatment participation than did comparison participants. In addition, at 24 months, 42% of the DDC children had reunified versus 27.2% of the comparison children. There were no differences in treatment completion or child reunification rates by parent's primary drug problem. Rates of recidivism were extremely low for both the DDC and comparison groups and did not differ significantly. The results of the present study are encouraging and suggest that rigorous, controlled studies are merited to further evaluate the effectiveness of DDCs.

  16. Information Operations: The Least Applied Element of U.S. National Power

    National Research Council Canada - National Science Library

    Ferguson, Quill

    2004-01-01

    Information operations, one of the four elements of U.S. national power, is supreme in defending the country against foreign or domestic adversaries and winning hearts and minds both at home and internationally...

  17. 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

  18. 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...... in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments....

  19. 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

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

    Science.gov (United States)

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

    2013-01-01

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

  1. Do specialty courts achieve better outcomes for children in foster care than general courts?

    Science.gov (United States)

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

    2013-02-01

    This study assessed the effects of unified family and drug treatment courts (DTCs) on the resolution of cases involving foster care children and the resulting effects on school performance. The first analytic step was to assess the impacts of presence of unified and DTCs in North Carolina counties on time children spent in foster care and the type of placement at exit from foster care. In the second step, the same data on foster care placements were merged with school records for youth in Grades 3-8 in public schools. The effect of children's time in foster care and placement outcomes on school performance as measured by math and reading tests, grade retention, and attendance was assessed using child fixed-effects regression. Children in counties with unified family courts experienced shorter foster care spells and higher rates of reunification with parents or primary caregivers. Shorter foster care spells translated into improved school performance measured by end-of-grade reading and math test scores. Adult DTCs were associated with lower probability of reunification with parents/primary caregivers. The shortened time in foster care implies an efficiency gain attributable to unified family courts, which translate into savings for the court system through the use of fewer resources. Children also benefit through shortened stays in temporary placements, which are related to some improved educational outcomes.

  2. The adoption of innovations in Brazilian labour courts from the perspective of judges and court managers

    Directory of Open Access Journals (Sweden)

    Marcos de Moraes Sousa

    Full Text Available Abstract There is a lack of studies upon the innovation process in the judiciary. To contribute to filling this gap, this study aims to describe the perceptions of the Brazilian labour courts’ judges and managers related to resources and capabilities associated with the development and adoption of innovation, represented by the electronic lawsuit, and the impact on Court's performance and factors that facilitate or hinder the adoption of innovations. A document analysis and 35 interviews were conducted – nine with judges and 26 with court managers – and the data were analyzed using a content analysis with a priori categorization. The results show the following: (i the process of development and adoption of innovation occurs in three ways – centralized in higher bodies, through partnerships with other courts or through internal development; (ii there are important resources and capabilities internal to courts and inter-organizational routines associated with the innovation process; and (iii innovation contributes to the development and integration of other innovations and changes in working routines. Additionally, barriers to and facilitators of the innovation adoption process are discussed and a research agenda is stated.

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

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    1999-01-01

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

  4. Effectiveness of Two Training Methods for Avoiding Excessive Inflation of Laryngeal Mask Airway Supreme.

    Science.gov (United States)

    Gong, Ya-Hong; Cheng, Si; Zhang, Zhi-Yong; Huang, Yu-Guang

    2015-06-01

    To evaluate the effectiveness of two training methods for avoiding excessive inflation of laryngeal mask airway(LMA)Supreme. Totally 41 anesthesiologists were randomly divided into hand touch group(H group,n=20)and short-term pressure gauge training group(G group,n=21). Before training,subjects were asked to inflate the cuff of LMA Supreme to two target pressures,30 cmH(2)O and 60 cmH(2)O, according to their own experiences. The actual cuff pressures were recorded as baseline pressures. Subjects in H group then received the training of hand touch:touch the vermilion of the lip and apex nasi with the left ring finger and feel the hardness. A cuff pressure with hardness similar to the vermilion of the lip was defined as 30 cmH(2)O, and similar to the apex nasi as 60 cmH(2)O. Subjects in G group were asked to inflate the cuff with a pressure gauge and feel the hardness of the cuff when the pressure reached 30 cmH(2)O and 60 cmH(2)O. After one-week training,two groups of subjects repeated the cuff inflation test. Actual cuff pressures after training were also recorded and compared with the baseline pressures. Results Actual cuff pressures after training[Group H:(39.7±15.7) cmH(2)O(P=0.00);Group G:(26.2±13.2) cmH(2)O(P=0.03)]were significantly lower than baseline pressures in both groups when the target cuff pressure was 30 cmH(2)O, and the differences were not statistically significant between these two groups(P=0.06). When the target pressure was 60 cmH(2)O,the actual cuff pressure of H group [(91.1±24.3)cmH(2)O] was significantly higher than that of G group [(58.1±15.4) cmH(2)O (P=0.01)]. However,the actual cuff pressure of G group was similar to the target pressure. The two training methods are equally effective when the target pressure is 30 cmH(2)O, while short-term pressure gauge training method is superior when the target pressure is 60 cmH(2)O.

  5. Abused Mothers' Safety Concerns and Court Mediators' Custody Recommendations.

    Science.gov (United States)

    Rivera, Echo A; Zeoli, April M; Sullivan, Cris M

    2012-05-01

    This study adds to research on family court's response to custody in the context of intimate partner abuse (IPA). Mediation is often used to assist family court with custody negotiation; however, debate exists in the field regarding its use when IPA exists. The following study examines experiences with court mediation among a sample of victimized mothers who divorced abusive husbands. Mixed-method data were collected from 19 women. Findings demonstrate that abuse is rarely considered in custody recommendations, as most court mediators prefer joint custody. Implications for the ongoing debate, as well as future directions for research, are discussed.

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

    Directory of Open Access Journals (Sweden)

    Raghav Sharma

    2008-06-01

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

  7. 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.

  8. Supreme Laryngeal Mask Airway versus Face Mask during Neonatal Resuscitation: A Randomized Controlled Trial.

    Science.gov (United States)

    Trevisanuto, Daniele; Cavallin, Francesco; Nguyen, Loi Ngoc; Nguyen, Tien Viet; Tran, Linh Dieu; Tran, Chien Dinh; Doglioni, Nicoletta; Micaglio, Massimo; Moccia, Luciano

    2015-08-01

    To assess the effectiveness of supreme laryngeal mask airway (SLMA) over face mask ventilation for preventing need for endotracheal intubation at birth. We report a prospective, randomized, parallel 1:1, unblinded, controlled trial. After a short-term educational intervention on SLMA use, infants ≥34-week gestation and/or expected birth weight ≥1500 g requiring positive pressure ventilation (PPV) at birth were randomized to resuscitation by SLMA or face mask. The primary outcome was the success rate of the resuscitation devices (SLMA or face mask) defined as the achievement of an effective PPV preventing the need for endotracheal intubation. We enrolled 142 patients (71 in SLMA and 71 in face mask group, respectively). Successful resuscitation rate was significantly higher with the SLMA compared with face mask ventilation (91.5% vs 78.9%; P = .03). Apgar score at 5 minutes was significantly higher in SLMA than in face mask group (P = .02). Neonatal intensive care unit admission rate was significantly lower in SLMA than in face mask group (P = .02). No complications related to the procedure occurred. In newborns with gestational age ≥34 weeks and/or expected birth weight ≥1500 g needing PPV at birth, the SLMA is more effective than face mask to prevent endotracheal intubation. The SLMA is effective in clinical practice after a short-term educational intervention. Registered with ClinicalTrials.gov: NCT01963936. Copyright © 2015 Elsevier Inc. All rights reserved.

  9. The Court of the Eurasian Economic Union: Challenges and Perspectives

    Directory of Open Access Journals (Sweden)

    Ekaterina Diyachenko

    2017-01-01

    Full Text Available The Court of the Eurasian Economic Union (EAEU Court is a new structure operating since 2015, and whose mission is to ensure the uniform interpretation and application of EAEU law. The article focuses on the main challenges the Court is presently facing: limited competence; a lack of procedural mechanisms to ensure the dissemination of its case-law among national courts; and a low number of applications. Consequently, it is divided into three sections.The first section is devoted to an analysis of the Court’s competence and focuses on the loss of the preliminary reference procedure that existed under the EurAsEC law. The authors analyze its role and the possibility of compensating for its lost powers. The second section explores the other tools available to the Court in order to influence the case-law of national courts indirectly. It explores the practical difficulties which economic entities face when bringing parallel proceedings before the EAEU Court and a national court, or when trying to obtain a review of a national court judgment following a positive outcome in the EAEU Court.The third section tackles the issue of the low number of applications, linked to a lack of trust from the business and legal communities. Thus, it is vital for the Court to earn a reputation based on accessibility, professionalism and efficiency. To this end, the authors analyze such issues as the duration of proceedings, the locus standi of economic entities and the way in which judgments should be drafted to ensure the protection of rights and legitimate interests of economic entities.

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

    Science.gov (United States)

    Butts, Jeffrey A.; Buck, Janeen

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

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

    African Journals Online (AJOL)

    Momentum was regained in 1989, following Trinidad and. Tobago's motion to combat drugs and trafficking through the establishment of an International Criminal Court, when the United Nations General. Assembly sanctioned the International Law Commission to develop a draft statute for an International Criminal Court ...

  12. 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

  13. Administrative Decision-Making in Reaction to a Court Judgement

    NARCIS (Netherlands)

    Marseille, A.T.; Boekema, I.M.

    In Dutch administrative law, a court judgment does not always resolve the conflict at hand. If an administrative court quashes a decision by an administrative authority in a judgment from which there is no appeal, the authority should take a new decision. When such a new decision is taken,

  14. HIV/STI Risk Behavior of Drug Court Participants

    Science.gov (United States)

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

    2012-01-01

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

  15. The Sociocultural Significance of Court Institutions in Colonial Virginia

    Directory of Open Access Journals (Sweden)

    Pavel V. Vostrikov

    2017-09-01

    Full Text Available In this article the author examines the sociocultural significance of courts in colonial Virginia. Virginia was agrarian “tobacco” colony, where the settlements of urban type did not get proper development. In this connection, court days were very important occasions for social gatherings, when colonists not only might participate in court hearings, but became involved in various social interactions such as news exchange, business transactions, cockfighting, horse racing and attending taverns. If not found in rare towns court buildings weresituated at road junctions and other convenient places to be more easily accessible for inhabitants of the colony. The author also provides a glimpse into the issues of law and order, crime and punishment as well as the general state of the colonial system of justice. During the colonial period the differences between judicial, executive and legislative branches of government were not distinct yet and the institution of the county court had immense importance as it combined all the three types of power on a local level. The court of oyer and terminer dealt with criminal offences. The General court in Williamsburg, the colonial capital, was the main court in Virginia which considered the most crucial cases. The colonial legal system was initially based on English traditions and precedents but it was constantly modified largely due to the singularities of the colony such as abundance of free land and chattel slavery.

  16. The Jurisdiction of the Regional Courts Amendment Act , 2008 ...

    African Journals Online (AJOL)

    The Jurisdiction of the Regional Courts Amendment Act, 2008: Some implications for child law and divorce jurisdiction. J Sloth-Nielsen. Abstract. The promulgation of the Jurisdiction of the Regional Courts Amendment Act, 31 of 2008 (hereafter the JRCAA) in 62 large urban magisterial districts on 9 August 2010 (Women's ...

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

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    2014-01-01

    Victim participation is one of the most innovative aspects introduced in the legal framework of the International Criminal Court (hereinafter – ICC), which has not featured in the practices of other international criminal courts and tribunals. The approach of the ad hoc tribunals to victims...

  18. Formulation of court interpreting models: A South African perspective

    African Journals Online (AJOL)

    The study follows a qualitative research approach and uses multifaceted theoretical frameworks, namely descriptive translation studies (DTS), cognitive process analysis, and content analysis in collecting and analysing the data. Keywords: court interpreters, cognitive teaching approach, court interpreting models, the role of ...

  19. 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…

  20. The Role of Ethiopian Courts in Commercial Arbitration | Feyissa ...

    African Journals Online (AJOL)

    There is, however, a need to maintain a balance between the level of court involvement and the smooth functioning of arbitration – which is a contractual alternative to judicial dispute settlement. This article deals with the legal and practical role of Ethiopian courts during the three stages of arbitral proceeding, i.e., at the ...

  1. Sources of International Courts' Legitimacy: A comparative study

    DEFF Research Database (Denmark)

    Godzimirska, Zuzanna; Creamer, Cosette

    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...

  2. Court Culture during the Reign of Christian IV

    DEFF Research Database (Denmark)

    Olden-Jørgensen, Sebastian

    2007-01-01

    the middle part of his reign Christian IV tried to instruemtalize court culture for political and diplomatic aims in an increasing desperate bid to cheat the Swedes. When they called his bluff during the 1640's court culture collapsed. Nevertheless, his magnificent castles still stand as an enduring monument...

  3. The International Criminal Court and conflict transformation in Uganda

    African Journals Online (AJOL)

    The International Criminal Court and conflict transformation in Uganda: Views from the field. ... The International Criminal Court (ICC) commenced investigation of the armed conflict in Uganda in 2004. In 2005 it issued arrest warrants ... victims' rights. Keywords: ICC, conflict transformation, Uganda, international justice, LRA ...

  4. 32 CFR 935.61 - Wake Island Court.

    Science.gov (United States)

    2010-07-01

    ... are held on Wake Island or Hawaii at times and places designated by the Chief Judge. ... 32 National Defense 6 2010-07-01 2010-07-01 false Wake Island Court. 935.61 Section 935.61... REGULATIONS WAKE ISLAND CODE Judiciary § 935.61 Wake Island Court. (a) The trial judicial authority for Wake...

  5. 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…

  6. 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...

  7. 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...

  8. 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…

  9. 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...

  10. 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...

  11. Do justice to court interpreters in South Africa

    African Journals Online (AJOL)

    Do justice to court interpreters in South Africa. Samuel Lebese. Department of Linguistics and Modern Languages, University of South Africa, South Africa. Email: lebessj@unisa.ac.za. Abstract. Many countries have developed statutory provisions governing norms and standards of practice. (NSPs) for court interpreters.

  12. 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. ...

  13. reading the Zimbabwean colonial court records, 1935-1980

    African Journals Online (AJOL)

    Nyado

    African people in Southern Rhodesia between 1890 and 1980. The process of imposing legal frameworks .... This school of thought by Huntington helps to explain how this cultural conflict emerged, transformed and ... Courts, Magistrate courts, Prisons, Office of the Registrar of Companies, Patents and. Trade Marks, Water ...

  14. 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 ...

  15. 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…

  16. Rifkin and NIH win in court ruling.

    Science.gov (United States)

    Sun, M

    1985-03-15

    On 27 February 1985 Judge J. Skelly Wright of the U.S. Court of Appeals for the District of Columbia ruled that experiments involving the release of genetically altered organisms into the environment can proceed, provided that their potential ecological effects have been properly evaluated. The ruling has been hailed as a victory by both the National Institutes of Health (NIH) and Jeremy Rifkin. Rifkin brought suit against NIH in 1983, charging that the agency had failed to evaluate adequately the environmental impact of some deliberate release experiments. Sun discusses the implications of the judge's ruling. She also describes a move by private companies to submit their recombinant DNA experiment proposals to the Environmental Protection Agency rather than to NIH, which has regulatory authority only over academic researchers.

  17. The CISG in Denmark and Danish Courts

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2011-01-01

    In this article the author explores key aspects of Denmark’s reception and implementation of the 1980 United Nations Convention on Contracts for the International Sales of Goods (CISG). Placing the treaty within its larger private law context, the author explains the complexity and confusion...... created by Denmark’s refusal to ratify Part II of the Convention that regulates sales contract formation. The author then proceeds to investigate Denmark’s obligation to have regard to the international character of the Convention and the need to promote uniformity in its application, underlying...... the problematical relationship between these international obligations and the Danish judicial tradition of formulating premises so brief that they shed little light on the decision’s underlying rationale ( ratio decidendi ). Following analysis and critique of three Danish CISG court judgments which help illustrate...

  18. Ontario court affirms that medical marijuana regulations are unconstitutional.

    Science.gov (United States)

    Cruess, Gordon

    2003-12-01

    On 7 October 2003, the Ontario Court of Appeal upheld the Ontario Superior Court of Justice decision in Hitzig, which found that the Marihuana Medical Access Regulations (MMAR) represented an unconstitutional barrier to accessing a legal supply of marijuana for persons with a recognized medical need. The Court of Appeal tailored its remedial order by striking down the second specialist test required for certain applicants, and eliminating the unconstitutional eligibility and supply provisions, rather than declaring unconstitutional the entire MMAR as the lower court had done. The court's declaration was made effective immediately, in order to maintain the prohibition for non-medicinal possession of marijuana under section 4 of the Controlled Drugs and Substances Act (CDSA), and to constitutionalize the medical exemption for marijuana possession created under the MMAR.

  19. Traditional Land Rights before the Indonesian Constitutional Court - Comment

    Directory of Open Access Journals (Sweden)

    Simon Butt

    2014-06-01

    Full Text Available In early 2013, the Indonesian Constitutional Court handed down its decision in the Traditional Forest Community case. In what has been heralded as a landmark decision, the Court upheld, as constitutional rights, the traditional rights of indigenous communities over forest resources upon which they had long depended. After introducing the Court and discussing aspects of its decision-making in constitutional review cases, this article demonstrates that the Traditional Forest Community case is in fact only the latest in a line of cases in which the Court has upheld traditional rights in the face of legislation that purport to allow the state to override them. In these cases, Court has provided important constitutional recognition to these traditional rights. However, its decisions do not appear to have cleared significant administrative stumbling blocks that remain in the way of communities seeking to enjoy the traditional rights to which they are now constitutionally entitled.

  20. 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.

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

    African Journals Online (AJOL)

    based study of final psychiatric recommendation to court. ... 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.

  2. 25 CFR 11.907 - Transfer to Court of Indian Offenses.

    Science.gov (United States)

    2010-04-01

    ... presenting officer or the minor may file a petition requesting the children's court to transfer the minor to... transfer jurisdiction of the minor to the Court of Indian Offenses if the children's court finds clear and...

  3. Basic Business and Economics: Are You Teaching about Small Claims Courts?

    Science.gov (United States)

    Tichenor, Scott

    1980-01-01

    The basics of small claims courts are explained, along with teaching strategies for teaching about small claims courts. These include teacher presentations, guest speakers, class trips to small claims courts, and mock hearings held by students. (CT)

  4. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  6. 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

  7. 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

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

    Directory of Open Access Journals (Sweden)

    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

  9. A new method for assessing squash tactics using 15 court areas for ball locations.

    Science.gov (United States)

    Vučković, Goran; James, Nic; Hughes, Mike; Murray, Stafford; Milanović, Zoran; Perš, Janez; Sporiš, Goran

    2014-04-01

    Tactics in squash have typically been assessed using the frequency of different shot types played at different locations on the court either without reference to other relevant information or on the basis of the preceding shot. This paper presents a new squash specific method for categorizing court locations in which the ball was played, a novel techniques for assessing the reliability of this method and presents typical shots responses in these new areas controlled for preceding shot as well as the time between shots and the handedness of the players. Twelve games were viewed using the SAGIT/Squash software and 2907 shots viewed a second time from a video image taken from behind the court with an overall agreement of 88.90% for the court location data and 99.52% for shot type. 3192 shots from 9 matches from the 2003 World Team Championships were analyzed in SAGIT/Squash. In the court areas analyzed between 2 and 7 shot responses were predominant suggesting tactical patterns were evident. This was supported by differences evident between shot responses played from the two back corners where the backhand side was characterized by a predominance of straight drives whereas straight and crosscourt drives were played on the forehand side. These results tended to confirm that tactics i.e., consistent shot types, are played although these are only apparent when factors that determine shot selection are accounted for. This paper has controlled for some of these factors but others need to be considered e.g., if individual player profiles are to be ascertained. Copyright © 2014 Elsevier B.V. All rights reserved.

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

    Science.gov (United States)

    Grosse, Claudia; Grosse, Alexandra

    2015-10-01

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

  11. Canada’s highest court unchains injection drug users; implications for harm reduction as standard of healthcare

    Directory of Open Access Journals (Sweden)

    Small Dan

    2012-07-01

    Full Text Available Abstract North America’s only supervised injection facility, Insite, opened its doors in September of 2003 with a federal exemption as a three-year scientific study. The results of the study, evaluated by an independent research team, showed it to be successful in engaging the target group in healthcare, preventing overdose death and HIV infections while increasing uptake and retention in detox and treatment. The research, published in peer-reviewed medical and scientific journals, also showed that the program did not increase public disorder, crime or drug use. Despite the substantial evidence showing the effectiveness of the program, the future of Insite came under threat with the election of a conservative federal government in 2006. As a result, the PHS Community Services Society (PHS, the non-profit organization that operates Insite, launched a legal case to protect the program. On 30 September 2011, Supreme Court of Canada ruled in favour of Insite and underscored the rights of people with addictions to the security of their person under section 7 of the Charter of Rights and Freedoms (Charter of Rights. The decision clears the ground for other jurisdictions in Canada, and perhaps North America, to implement supervised injection and harm reduction where it is epidemiologically indicated. The legal case validates the personhood of people with addictions while metaphorically unchaining them from the criminal justice system.

  12. The use of handwriting examinations beyond the traditional court purpose.

    Science.gov (United States)

    Agius, Anna; Jones, Kylie; Epple, Rochelle; Morelato, Marie; Moret, Sébastien; Chadwick, Scott; Roux, Claude

    2017-09-01

    Traditionally, forensic science has predominantly focused its resources and objectives on addressing court related questions. However, this view restricts the contribution of forensic science to one function and results in lost opportunities as investigative and intelligence roles are often overlooked. A change of perspective and expansion of the contributions of forensic science is required to take advantage of the benefits of abductive and inductive thought processes throughout the investigative and intelligence functions. One forensic discipline that has the potential to broaden its traditional focus is handwriting examination. Typically used in investigations that are focused on both criminal and civil cases, the examination procedure and outcome are time consuming and subjective, requiring a detailed study of the features of the handwriting in question. Traditionally, the major handwriting features exploited are characteristics that are often considered individual (or at least highly polymorphic) and habitual. However, handwriting can be considered as an information vector in an intelligence framework. One such example is the recognition of key elements related to the author's native language. This paper discusses the traditional method generally used around the world and proposes a theoretical approach to expand the application of handwriting examination towards gaining additional information for intelligence purposes. This concept will be designed and tested in a future research project. Copyright © 2017 The Chartered Society of Forensic Sciences. All rights reserved.

  13. Abused Mothers’ Safety Concerns and Court Mediators’ Custody Recommendations

    Science.gov (United States)

    Rivera, Echo A.; Zeoli, April M.; Sullivan, Cris M.

    2012-01-01

    This study adds to research on family court’s response to custody in the context of intimate partner abuse (IPA). Mediation is often used to assist family court with custody negotiation; however, debate exists in the field regarding its use when IPA exists. The following study examines experiences with court mediation among a sample of victimized mothers who divorced abusive husbands. Mixed-method data were collected from 19 women. Findings demonstrate that abuse is rarely considered in custody recommendations, as most court mediators prefer joint custody. Implications for the ongoing debate, as well as future directions for research, are discussed. PMID:23144531

  14. Fundamental Right to Oblivion: Influence of the Internet and Critical Do the Decisional Method in Brazilian Courts

    Directory of Open Access Journals (Sweden)

    Roger de Moraes de Castro

    2016-12-01

    Full Text Available The internet has completely changed the organizational model of society. Undid geographic barriers and allowed the immediate dissemination of information worldwide. The change of society makes fundamental rights come into collision. Thus, the present study intends to work with the collision of some fundamental rights, especially involving the right to oblivion, exposing the manner in which the courts have decided these conflicts and, finally, making a critical analysis of the method used by the brazilian courts to arrive the decisions that encompass this fundamental right. To do so, we will be using the literature review and the hermeneutic phenomenological method.

  15. Court presentation of bite mark evidence.

    Science.gov (United States)

    Drinnan, A J; Melton, M J

    1985-12-01

    The uniqueness of an individual's bite mark is generally accepted. The use of bite mark analysis to identify or exclude those suspected of crimes is now a well established activity in forensic dentistry. Although the techniques for evaluating bite mark evidence are extremely sophisticated, it is important that the courtroom presentation of such evidence should be as simple as possible and be directed towards those who must judge it. Dentists likely to be involved in the courtroom presentation of bite mark evidence should: be certain that their local law enforcement personnel are frequently updated on the techniques to be used for producing the optimum evidence needed to evaluate bite marks; become acquainted with the current techniques of evaluating bite mark evidence and understand their difficulties and pitfalls; meet with the lawyers (prosecution or defence) before a courtroom appearance, briefing them on the significance of the particular findings; prepare clear and easily understandable visual aids to present to the court the techniques used in the analysis and the bases for the conclusion reached; and offer conclusions derived from the bite mark investigation.

  16. LMA Supreme for neonatal resuscitation: study protocol for a randomized controlled trial.

    Science.gov (United States)

    Trevisanuto, Daniele; Cavallin, Francesco; Mardegan, Veronica; Loi, Nguyen Ngoc; Tien, Nguyen Viet; Linh, Tran Dieu; Chien, Tran Dinh; Doglioni, Nicoletta; Chiandetti, Lino; Moccia, Luciano

    2014-07-15

    The most important action in the resuscitation of a newborn in the delivery room is to establish effective assisted ventilation. The face mask and endotracheal tube are the devices used to achieve this goal. Laryngeal mask airways that fit over the laryngeal inlet have been shown to be effective for ventilating newborns at birth and should be considered as an alternative to facemask ventilation or endotracheal intubation among newborns weighing >2,000 g or delivered ≥34 weeks' gestation. A recent systematic review and meta-analysis of supraglottic airways in neonatal resuscitation reported the results of four randomized controlled trials (RCTs) stating that fewer infants in the group using laryngeal mask airways required endotracheal intubation (1.5%) compared to the group using face masks (12.0%). However, there were methodological concerns over all the RCTs including the fact that the majority of the operators in the trials were anesthesiologists.Our hypothesis is based on the assumption that ventilating newborns needing positive pressure ventilation with a laryngeal mask airway will be more effective than ventilating with a face mask in a setting where neonatal resuscitation is performed by midwives, nurses, and pediatricians. The primary aim of this study will be to assess the effectiveness of the laryngeal mask airway over the face mask in preventing the need for endotracheal intubation. This will be an open, prospective, randomized, single center, clinical trial. In this study, 142 newborns weighing >1,500 g or delivered ≥34 weeks gestation needing positive pressure ventilation at birth will be randomized to be ventilated with a laryngeal mask airway (LMA SupremeTM, LMA Company, UK - intervention group) or with a face mask (control group). Proportion of newborns needing endotracheal intubation. Apgar score at 5 minutes, time to first breath, onset of the first cry, duration of resuscitation, death or moderate to severe hypoxic-ischemic encephalopathy

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

    Directory of Open Access Journals (Sweden)

    Siti Zobidah OMAR

    2012-06-01

    Full Text Available 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 were interviewed in-depth to gather data for this study. Finding shows that most of the informants have various understanding over COE in carrying out their reporting work every day. To them, ethics is more to do with principles or guidelines concerning the rights and wrongs of human conduct, and thus, failure to follow the practice of COE in reporting news may have an impact on the reputation of the reporters, media organization and credibility.

  18. 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.

  19. Courts Agree: Religion and Schools Don't Mix.

    Science.gov (United States)

    Sendor, Benjamin

    1983-01-01

    Three recent cases in Michigan, Alabama, and New Jersey demonstrate that, despite popular and legislative pressure, courts continue to hold firm against efforts to inject religion into public education. (Author/JM)

  20. Sentencing dangerous offenders: policy and practice in the Crown Court

    OpenAIRE

    Henham, R

    2001-01-01

    Analysis of Crown Courts' use of protective sentencing powers under s.80(2)(b), s.85, and s.109 of 2000 Act and whether preference for s.85 reflects fundamental flaw in leaving determination of "dangerousness" to judiciary.

  1. 5 CFR 1604.9 - Court orders and legal processes.

    Science.gov (United States)

    2010-01-01

    ... made pro rata from all sources. (c) Trustee-to-trustee transfers. The current or former spouse of a TSP... request the TSP to transfer the court-ordered payment to the payee's TSP account; the pro rata share...

  2. 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...

  3. 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

  4. The Hague Convention on the Choice of Court: Critical appraisal

    Directory of Open Access Journals (Sweden)

    Stanivuković Maja

    2012-01-01

    Full Text Available This paper makes a critical appraisal of the provisions of the 2005 Hague Convention on the Choice of Court Agreements from the perspective of Serbian Law. First, it is noted that the Convention does not apply to submission and does not regulate the effects of belated invocation of the existence of the choice of court agreement before the court not chosen. It also does not prevent that the reverse situation, that the party invokes nullity of the choice of court agreement past the initial stage in the proceedings. Secondly, the res iudicata effect of domestic arbitral awards seems to be jeopardized by the provisions authorizing the court of the contracting state to refuse to recognize and enforce a judgment of the other contracting state based on the choice of court agreement, solely if the judgment is inconsistent with a judgment given in the requested state (and not if it is inconsistent with an arbitral award given in the requested state. Thirdly, and most importantly, great number of exclusions from the scope of application and some very broad grounds for non-recognition of foreign forum selection clauses makes this instrument less attractive than it should be.

  5. Court Caseload Management: The Role of Judges and Administrative Assistants

    Directory of Open Access Journals (Sweden)

    Adalmir Oliveira Gomes

    2017-09-01

    Full Text Available Court caseload management is of key importance for guaranteeing the adjudication of cases and depends on how judges and administrative assistants deal with their workload. Results from several studies indicate that an increase in court caseload tends to generate an increase in the judge’s production. However, some authors argue that this relationship is far more complex. To develop a fuller understanding of this relationship we tested an array of direct and moderating hypotheses. We used secondary data from 566 judges working in first trial courts in the State Justice System of Sao Paulo, Brazil. The results indicate a direct and positive relationship between court caseload and judge production, but the strength of this relationship depends on court specialty. The findings also indicate that the number of administrative assistants, judge experience and the number of places a judge works all moderate the caseload-production relationship. The results contribute to the development of strategies to address the delays and congestion of courts, two of the main Brazilian Judiciary problems.

  6. 32 CFR 935.68 - Jurisdiction of the Court of Appeals.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Jurisdiction of the Court of Appeals. 935.68... AND INSULAR REGULATIONS WAKE ISLAND CODE Judiciary § 935.68 Jurisdiction of the Court of Appeals. The Court of Appeals has jurisdiction over all appeals from the Wake Island Court. ...

  7. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

  9. Balancing Fundamental Rights with Economic Freedoms According to the European Court of Justice

    Directory of Open Access Journals (Sweden)

    Sybe A. de Vries

    2013-01-01

    Full Text Available The development of fundamental rights within the EU legal order has come to a climax through the entry into force of the Treaty of Lisbon in December 2009. Article 6 of the EU Treaty now recognizes the binding force of the EU Charter of Fundamental Rights, embraces the intention to accede to the European Convention on the Protection of Human Rights and Fundamental Freedoms and codifies the European Court of Justice's (ECJ case law that fundamental rights shall constitute general principles of Union law. The question is how these changes made by the Lisbon Treaty, which mark a new stage in the shaping of the EU's commitment to the protection of fundamental rights, inform the relationship between fundamental rights and the classic Treaty economic freedoms, which have been vital in building Europe's 'economic constitution'. This contribution addresses the conflict that may arise between the Treaty economic freedoms and fundamental rights and assesses how the ECJ should balance these conflicting interests, considering the changed EU legal framework. In this paper the approach of the European Court of Human Rights (ECtHR, having to decide in cases where fundamental rights conflict with each other, will also be briefly touched upon and compared with the Court of Justice's approach.

  10. Information, Precedent, and Statute

    NARCIS (Netherlands)

    O. Yalnazov (Orlin)

    2017-01-01

    textabstractI compare precedent and statute in cost-effectiveness terms. To make laws, a lawmaker needs information. Information has a cost. That cost is sensitive to the choice of law production technology. The orthodoxy is that the courts acquire information more cheaply. Litigants volunteer it in

  11. 12 CFR 510.5 - Release of unpublished OTS information.

    Science.gov (United States)

    2010-01-01

    ... their official capacities. Examples of unpublished information include: (i) Information in the memory of... information. Upon such notice the OTS will take appropriate action to advise the court or tribunal that issued... this part. If, notwithstanding, the court or other body orders the disclosure of such records or the...

  12. 衛星監控資訊作為法庭證據之實證研究―以高等以上法院裁判為中心 Satellite Surveillance Information as Evidence in the Higher Court of Taiwan

    Directory of Open Access Journals (Sweden)

    蔡達智 Ta-Chih Tsai

    2008-06-01

    Full Text Available 目前法院對於利用衛星監控資訊作為證據,已不陌生,特別是在偏遠的山區以及海面,以衛星定位、空照確認特定行為地點及其範圍,已為目前行政機關、船隻航行常用甚至必備工具。大部分的衛星定位與空照資訊多為法院認可接受成為待證事實的證據,證據證明力也相當高,雖然不乏具有排除證據適用以及欠缺證明力效果的法院裁判。整體看來,面對此一高科技產生的證據事實,法院似乎尚未能夠熟悉衛星資訊取得與應用的玄機奧妙,從而有高度接受並加以適用的結果。然而,仔細探究,部分司法警察於犯罪調查 中取得的衛星定位與個人通訊場所地理位置資訊,若位於個人居家內部,此等犯罪偵查舉動恐有侵犯憲法第10 條及第12 條保障個人居住自由與秘密通訊自由等基本人權,如此一來,法院接受該等證據適用的結果是否恰當,有無過度侵害人民隱私權,頗有疑慮而有研究必要。其次,衛星定位、空照行為容易受到客觀環境如地形地物的影響,而有定位與空照產生誤差與不精確的結果,特別是多颱風、地震、山崩、土石流的台灣,常發生的問題便是,地形地物變化快速的情況下,僅靠單一的衛星定位、空照等證據,即欲證明 被告有違法事實,可能有待商榷。 Since launched the first satellite in 1998, Taiwan became one of the space club in the world. Except to the necessity of military force, scientific research and weather prediction, using satellite remote sensing data and global position information become more and more popular to common people, so as to the government. Nonetheless, people who live in this Big Island seldom care about how government used this high technology control and monitor method against to the people or for the people. Even in academy, there is very few scholars ever expressed

  13. 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.

  14. 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

  15. Reform of the European Court of human rights

    Directory of Open Access Journals (Sweden)

    Mojsilović Marijana

    2013-01-01

    Full Text Available The European Court of Human Rights is the crown in the international system for protecting human rights. In recent years the Court has become a victim of its own success. In response to growing backlog of individual complaints, the Council of Europe has, over the last five years, considered numerous proposals to restructure the European human rights regime and redesign the European Convention on Human Rights. The aim of this article is just to show the most important innovations introduced primarily by Protocol no. 14, and then the Declarations adopted at the Conference in Interlaken, Izmir and at the end in Brighton, this year. Some of the solutions provided will help to reduce the work load of the Court in the future, while others are introduced for practical reasons, or a well-known political. However, adopted proposals should be given time to show some results. But in the other way, the frequent changes in the Court's work system and in the Convention system may prove to be a new problem. An institution such as the Court, the protector of human rights at the European level should not be allowed to suffer frequent 'eartquakes'. It should be let alone to work quietly and without 'turbulence'.

  16. Trend of Malpractice Litigation against Neurosurgeons in Japan: An Analysis of Disclosed Database by Courts in Japan from 2001 through 2015.

    Science.gov (United States)

    Nagashima, Hisashi; Wada, Yoshitaka; Hongo, Kazuhiro

    2017-08-15

    Following the modern raising of public awareness, the numbers of malpractice litigation are increasing in the health care delivery system in Japan despite the extensive efforts of physicians. Authors reviewed the issues of litigation and the reasons for court decision from the healthcare-related negligence lawsuits in the past 15 years in Japan and investigated the cautionary points for reducing potential litigation. Healthcare-related negligence lawsuits between January 2001 and December 2015 were retrieved and sorted in each clinical field from the database in Courts in Japan and investigated on the proportional factors of the claims and court decisions in the neurosurgical field. During the period, 446 of healthcare-related court decisions including 41 against neurosurgeons (9.2%) were retrieved. Three of 41 decisions retrieved were decisions to retries for lower court decisions. In 38 claims against the neurosurgeons, 26 identified the negligence and 12 dismissed. In 26 decisions in favor of the plaintiffs, identified negligence in diagnosis in 4, clinical judgment in 3, technical skills in 5, clinical management in 7 and process of informed consent in 7. Five out of 18 decisions after 2006 were identified as negligence in an informed consent process, and additional one, who was mainly identified in inadequate technical skills also identified existing an inadequate informed consent process as a fundamental cause of litigation. Neurosurgeons are a higher risk group for malpractice litigation in Japan and adequate informed consent is important to reduce the risk of litigation.

  17. Court based civil commitment of alcoholics and substance abusers.

    Science.gov (United States)

    Beane, E A; Beck, J C

    1991-01-01

    Problem. To study court ordered substance abuse commitment (SAC) in one jurisdiction. We investigated who was evaluated, by whom, and with what outcome. Is SAC primarily a purely civil procedure as originally intended? Are men and women being treated equally? Questionnaire survey of court clinicians to determine demographic and clinical status of persons evaluated, the process of evaluation, and the disposition. SAC is common and more frequent in criminal cases than in purely civil ones. SAC of women is clearly influenced by the restricted choices for disposition: either state prison or an unlocked facility. SAC is an important public health procedure, which courts are using in highly variable and at times unintended ways. SAC has emerged as an alternative to other dispositions in criminal cases involving substance-abusing defendants.

  18. Court limits claims alleging false rumor of AIDS.

    Science.gov (United States)

    1996-11-29

    Two employees of the [name removed] told several county employees not to visit a restaurant, the Colonial House, because they believed one of the people working there had AIDS. A suit filed by Colonial House alleged that the statements by the medical services employees were defamatory, false, made with malice, and intended to harm the reputations of the businesses, owners, and employees. A Superior Court judge dismissed the lawsuit. A three-judge panel in the State Court of Appeals ruled that since the defendants are accused of making a reference to someone rather than a specific individual, the plaintiffs had no cause of action for defamation. The plaintiffs did succeed in persuading the appeals court to allow the lawsuit to proceed based on the plaintiff's claims of intentional and negligent infliction of emotional distress.

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

    Directory of Open Access Journals (Sweden)

    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.

  20. 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...