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

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

Science.gov (United States)

2015-01-01

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

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.

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.

Supreme Court Upholds Cal. Law Requiring Maternity Leaves.

Science.gov (United States)

Fields, Cheryl M.

1987-01-01

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

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.

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…

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...

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

Science.gov (United States)

Shaw, Brian C.; Hyde, W. Brent

1998-01-01

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

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

Science.gov (United States)

Lipschultz, Jeremy Harris

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

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…

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.

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....

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

OpenAIRE

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

2011-01-01

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

So You Want to Become a Supreme Court Justice?

Science.gov (United States)

Nicholanco, Edward

1989-01-01

Using a simulation of the constitutional procedures on appointment of U.S. Supreme Court justices, illustrates how the separation of powers established by the Constitution affects all three branches of government. Provides an outline of the simulation procedure, a lesson plan, and a brief bibliography. (LS)

Text Mining of Supreme Administrative Court Jurisdictions

OpenAIRE

Feinerer, Ingo; Hornik, Kurt

2007-01-01

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

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

Dignity and the death penalty in the United States Supreme Court

OpenAIRE

Malkani, Bharat

2016-01-01

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

De Matrixx-uitspraak van de U.S. Supreme Court over de (beperkte) betekenis van statistische significantie voor materiality

NARCIS (Netherlands)

A.C.W. Pijls (Arnoud)

2011-01-01

textabstractInleiding. Afgelopen Spring Term was wat betreft securities fraud één van de meest productieve seizoenen van de Supreme Court sinds jaren. De Supreme Court voelde zich de voorbije Term maar liefst drie keer geroepen om richtinggevend op te treden inzake kwesties van securities fraud

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.

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

OpenAIRE

Hiller, Kinga

2010-01-01

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

Updating a Classic: "The Poisson Distribution and the Supreme Court" Revisited

Science.gov (United States)

Cole, Julio H.

2010-01-01

W. A. Wallis studied vacancies in the US Supreme Court over a 96-year period (1837-1932) and found that the distribution of the number of vacancies per year could be characterized by a Poisson model. This note updates this classic study.

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

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.

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

Science.gov (United States)

Alger, Jonathan R.

2013-01-01

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

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.

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.

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.

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

Directory of Open Access Journals (Sweden)

María Eugenia Monte

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

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

Directory of Open Access Journals (Sweden)

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

2012-11-01

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

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

Science.gov (United States)

Hale, F. Dennis

1979-01-01

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

The Institutional Strategy of Brazilian Supreme Court on the Legislative Process

Directory of Open Access Journals (Sweden)

Fernando Bentes Bentes

2016-12-01

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

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

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.

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

Science.gov (United States)

Katsiyannis, Antonis; Yell, Mitchell L.

2002-01-01

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

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

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.…

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

Science.gov (United States)

Fearen, William

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

"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…

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.…

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.

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

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

International Nuclear Information System (INIS)

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

1983-01-01

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

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.

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

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...... 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...

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.

Animal rights and environmemntal rights in Brazilian Supreme Court

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Fernando Cesar Costa Xavier

2018-01-01

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

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

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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.

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

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,…

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.

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.

[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.

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.

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

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.

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

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Deonandan R

2011-11-01

Full Text Available Raywat Deonandan, Tarun RahmanInterdisciplinary School of Health Sciences, University of Ottawa, Ottawa, Ontario, CanadaAbstract: 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.Keywords: public health, reproductive medicine, IVF, ART, in vitro fertilization (IVF

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

Science.gov (United States)

Quill and Scroll, 1988

1988-01-01

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

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

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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.

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

Science.gov (United States)

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

2001-01-01

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

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

I am happy to announce that on April 20th the New York attorney Robert M. Schwartz and I have filed an amicus brief at the US Supreme Court with the Berkeley-based attorney Andrew J. Dhuey as Counsel of Record. The brief, which was signed by 10 prominent European and Australian Law Professors as ......, but the pros and cons of such alternative approaches would have to be carefully considered. The Amici curiae have no stake in the parties or in the outcome of the case. A full list of the Amici is appended at the end of the brief....... overly-broad patent claims, while also permitting, well-defined, narrower claims on diagnostic technology. In our view, the current approach conflates the patent eligibility test with issues that can be more sensibly addressed within a strict and coherent assessment of novelty, non...... driving technological progress run dry. Accordingly, we urge the Supreme Court to clarify a patent eligibility test in line with its longstanding jurisprudence and in harmony with international and European law. If the CAFC’s restrictive interpretation should prevail, however, I believe...

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Science.gov (United States)

2006-09-26

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

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)

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

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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

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.

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

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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.

Supremely Hot Potatoes.

Science.gov (United States)

Daly, Joseph L.; Walz, Monte

1983-01-01

Supreme Court decisions about fund-raising by Political Action Committees, prayer in public schools, and disclosure of political campaign contributors are reviewed. Cases before the Court involving solicitation of funds by charities, unsolicited mailed advertisements for contraceptives, aliens, the exclusionary rule, and sex discrimination issues…

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...

Forecasting the Senate vote on the Supreme Court vacancy

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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.

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

Science.gov (United States)

Bickford, Rebekah S.

2010-01-01

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

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

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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.

Judges in the Formation of the Nation- State: Professional Experiences, Academic Background and Geographic Circulation of Members of the Supreme Courts of Brazil and the United States

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Luciano Da Ros

2010-06-01

Full Text Available This article compares the career profiles of judges from the highest bodies of the Judiciary in Brazil and the United States of America, examining the biographies of all the ministros of the Supreme Court of Justice (Empire and of the Supreme Federal Tribunal (Republic in Brazil, and of all the justices of the Supreme Court of the United States, appointed until 2008 in both cases. Based on the sociology of political elites perspective, the article examines data concerning academic background, geographic circulation and the different professional experiences — legal, political and linked to the administration of the State’s coercive activity (police or military — lived through by future members of the Supreme Courts of Brazil and the United States so as to identify the types of individuals recommended to join the top bodies of the Judiciary in the two countries. In this sense, different State-building processes are identified on the basis of the examination of Brazilian and US judicial elites, suggesting a more fragmented and diverse trajectory in the case of US justices, and greater homogeneity and centralization in the case of their Brazilian counterparts.

Dispersão de Fundamentos no Supremo Tribunal Federal / Scattered Arguments in Federal Supreme Court

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Fábio Carvalho Leite

2016-11-01

Full Text Available Resumo: O trabalho analisa, em duas partes, o fenômeno conhecido por dispersão de fundamentos, prática decisória que por vezes marca o Supremo Tribunal Federal (STF no controle de constitucionalidade. A primeira parte é descritiva e sugere que a dispersão de fundamentos é fenômeno que ocorre pela presença necessária da regra de maioria decisória simples (RMDS associada à presença contingente do princípio da causa de pedir aberta e da indeterminação relativa do texto constitucional. A segunda parte é normativa e analisa criticamente os problemas resultantes da adoção da RMDS. Partindo-se do tradicional debate sobre a legitimidade do controle de constitucionalidade, porém não se alinhando a um modelo normativo em particular, o trabalho põe em xeque a proximidade do processo decisório do STF com a ideia de “resposta certa”, aborda a dificuldade de se formar jurisprudência capaz de uniformizar o tratamento de casos a respeito de um assunto e questiona a desconsideração da presunção de constitucionalidade nos casos difíceis do direito em que se verifiquem desacordos morais razoáveis. Por fim, a confiabilidade de intuições morais invocadas pelos ministros no processo decisório do STF é questionada a partir das ciências cognitivas e da psicologia moral. Palavras-chave: Supremo Tribunal Federal; Controle de constitucionalidade; Processo decisório; Dispersão de fundamentos.   Abstract: The work analyzes, in two parts, a phenomenon known as argument scatter, a decision-making practice that sometimes characterizes judicial review in the Brazilian Supreme Court (STF. The first part is descriptive, and suggests that argument scatter occurs in the necessary presence of a simple majority decision-making rule (SMDMR, associated to the contingent presence of the open cause of action principle and of the relative indeterminacy of constitutional text. The second part is normative, and critically analyzes the problems that

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

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F.L. Ted Morton

2015-04-01

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

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…

OPPORTUNITY LOST: THE SUPREME COURT MISSES A HISTORIC CHANCE TO CONSIDER QUESTION OF PUBLIC INTEREST STANDING FOR ANIMAL INTERESTS

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Peter Sankoff

2012-10-01

Full Text Available The Supreme Court of Canada recently denied leave to appeal in Reece v. Edmonton (City, a 2-1 decision of the Alberta Court of Appeal, which focused on the right of private parties to seek judicial intervention on behalf of animals. In this article, the author examines the implications of this "lost opportunity" to develop an important area of law relating to public interest standing, explores the important questions that were at stake in the appeal, and suggests why the Supreme Court should have decided otherwise. La Cour suprême du Canada a récemment rejeté la demande d’autorisation d’appel de l’affaire Reece v. Edmonton (Ville, – une décision (2 contre 1 de la Cour d’appel de l’Alberta – qui portait sur le droit de simples individus de demander une intervention judiciaire au nom des animaux. Dans le présent article, l’auteur examine les conséquences de cette [TRADUCTION] « occasion ratée » de développer un important domaine du droit relatif à l’intérêt public, et de traiter les questions sérieuses qui étaient soulevées dans l’appel; il tente d’expliquer pourquoi la Cour suprême aurait dû rendre une décision différente.

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

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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.

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

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Guilherme Gonçalves Alcântara

2017-03-01

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

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

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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.

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.

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

Science.gov (United States)

Morvai, Ronald L.; Dye, Charles M.

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

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.

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

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.

International Justice through Domestic Courts:

DEFF Research Database (Denmark)

Tang, Yi Shin

2015-01-01

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

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…

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

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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.

THE BRAZILIAN SUPREME COURT'S PRECEDENTS AND THE CURIOUS TAXING DIFFERENCE ON THE AIR AND INLAND PASSENGER TRANSPORT

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Marciano Seabra de Godoi

2016-07-01

Full Text Available The study aims to the taxing of transport service provision, particularly the passenger transport, as well as the odd difference of treatment created directly by the Brazilian Supreme Court’s precedents, applying distinguished regimes for air passenger and inland. It discusses the evolution of legislation on the subject and, specially, it examines critically how the Supreme Court’s case law stood on the issue, through the judgment of many direct actions of unconstitutionality (ADI. The study considers legally inconsistent these precedents, in which is unconstitutional the tax collection over the air transport, but constitutional over the inland one.

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

International Nuclear Information System (INIS)

Anon.

1980-01-01

In its decision of July 17, 1980, the Federal Administrative Court dismissed the appeal lodged by an appelant against the dimissal by the Supreme Administrative Court concerning the nullity of the first partial licence for the Muelheim-Kaerlich reactor as being unfounded. In doing so, the issue of nullity has been marked off from the issue of foreclosure of demurers. The amount in ligitation was fixed at 20000 DM for the proceedings of appeal. (HSCH) [de

Supreme Administrative Court affirms the admissibility of an action of voidance, but does not affirm the exclusion of objections according to article 7 b AtG a.F. and complains about the period of exposition

International Nuclear Information System (INIS)

Anon.

1978-01-01

The Supreme Administrative Court for the Laender Niedersachsen and Schleswig-Holstein at Lueneburg turned down - with the judgement made on May 30, 1978 VII OVG A2/78 - the appeal filed by the appellee (Licensing authority under atomic law) and others (operator of nuclear power stations) against an interlocutory decree made by the Administrative Court Oldenburg/Stade on October 14, 1977 - I A 371/72 S -. Due to a given partial licensing decree, the interlocutory decree deposed the action of voidance filed by an opponent of nuclear energy, resident at Hamburg, to be admissible in contrast to the statement made by the appellee and others. The Supreme Administrative Court substantially reaffirmed and extended the interpretation of the interlocutory decree. It was approved to lodge an appeal. The appellee and others involved have lodged an appeal. The most decisive factors are given in the text. (orig./HP) [de

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…

Pre-occupation of innocence and provisional penal enforcement: a critical analysis of the Federal Supreme Court jurisprudential modification

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Augusto Jobim do Amaral

2017-10-01

Full Text Available This article deals with the problems involved in the provisional execution of the sentence in the Brazilian criminal procedural system, especially with respect to the constitutional guarantee of the presumption of innocence, here in its political-constitutional value. In the current national context in which it is heavily invested in relativizations of fundamental guarantees and in false punitive solutions, it is essential that the criminal procedure be imposed from the principles enshrined in the 1988 Constitution. It intends to demonstrate the new contours of the position built by the Federal Supreme Court on the subject, its possible criticisms and impacts on the commitment of the legitimacy of the decisions made in criminal matters by the Judiciary.

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

Constitutional Issues: Separation of Powers.

Science.gov (United States)

Gray, Leslie; Burroughs, Wynell

1987-01-01

Using a copy of a February 1937 letter from the publisher of the Gannett newspapers as a discussion springboard, this article provides historical background and teaching suggestions for addressing the issue of the separation of powers through Franklin Roosevelt's attempt to 'pack' the Supreme Court. (JDH)

Activist Infighting among Courts and Breakdown of Mutual Trust?

DEFF Research Database (Denmark)

Neergaard, Ulla; Sørensen, Karsten Engsig

2017-01-01

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

Circuit courts clash over HIV in the workplace.

Science.gov (United States)

1997-09-19

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

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

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

Science.gov (United States)

Cozac, David

2009-12-01

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

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

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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.

Limited criminal jurisdiction on investigation and judgement of High-ranking government officials. Procedural issues.

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Carlos Arturo Gómez Pavajeau

2015-12-01

Full Text Available The Constitution of Colombia provides that certain senior officials, because of their position, should be investigated and tried by the Supreme Court (members of Congress or by the same Court upon indictment by the General Attorney (art. 235 n. 4. The Constitution provides that the President, the judges of the high courts and the prosecutor also have a special status, as the investigation and prosecution is allocated in the Senate, previous accusation in the House of Representatives, and in the Supreme Court for the common crimes. The criminal and disciplinary jurisdiction of investigation and prosecution has generated countless controversies at the doctrinal and jurisprudential level, related to the exclusive competence of the Prosecutor General’s Office and the judges of the Supreme Court to advance the investigation. In particular, the impossibility of delegating the commission of evidence and proceedings related to jurisdiction in such processes; the courts and their relationship with the position or function; the retention or recovery of competition by the criminal court room after renouncing the jurisdiction in the parapolitics processes; the notion tenure as a basis for criminal jurisdiction in the case of the governors in charge; a second hearing as a minimum guarantee derived from international standards on human rights and the issue related to jurisdiction and impunity on the subject of political or “impeachment” judgments.

The Blue Lady Case and the International Issue of Ship Dismantling - Comment

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Florent Pelsy

2008-09-01

Full Text Available This paper focuses on the decision of the Supreme Court of India to allow the dismantling of the Blue Lady (ex France in Alang. The first part underlines that the Supreme Court of India is prioritising the commercial interest of the dismantling companies over the social and environmental concerns of the workers and the communities living in Alang. It argues that such decision goes against its 2003 judgement on ship-dismantling. It then demonstrates that the Supreme Court of India is distorting the concept of sustainable development. The second part analyses the Blue Lady case from an international perspective since most of the ships that are dismantled in India come from developed countries. It provides an overview of the Basel Convention on ship dismantling issues and a study of the Clemenceau case before the French Conseil d'Etat. It then concludes that a better control of end-of-life ships in OECD countries and a new international convention on ship-dismantling would be necessary in order to prevent environmental and social disasters in Alang.

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

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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

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

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Oona de Oliveira Cajú

2017-04-01

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

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

Science.gov (United States)

Luna, Andrew

1996-01-01

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

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

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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

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

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Ernani Carvalho

2013-03-01

Full Text Available Este artigo desenvolve o argumento de que o Conselho Nacional de Justiça (CNJ, criado no Brasil em 2004, foi fruto de um arranjo político com base na concretização da Reforma do Poder Judiciário. Neste arranjo os interesses do Supremo Tribunal Federal (STF prevaleceram sobre os demais e, por consequência, o resultado da emenda constitucional de número 45 foi um CNJ dirigido por integrantes da Corte maior brasileira. Para sua consecução utilizamos uma revisão da literatura especializada e análise de dados. O argumento é desenvolvido a partir da lógica de que aprovar um desenho institucional do CNJ atrelado aos interesses do STF é a melhor estratégia a ser desenvolvida pelos membros da Corte. Isto pode ser justificado por: 1 Os juízes do STF são importantes atores políticos; 2 A existência de uma independência judicial garantida por prerrogativas institucionais reforça ainda mais sua importância política; 3 Sistemas políticos com alto grau de fragmentação aumentam a probabilidade dos juízes (do STF emplacarem seus interesses; 4 A existência do mecanismo de revisão judicial amplia o grau de influência das Supremas Cortes e 5 Por fim, a existência de mecanismos informais de persuasão facilitam o êxito dos juízes do STF. A partir do caso estudado podemos constatar que: o desenho institucional brasileiro, que potencializa a possibilidade de intervenção judicial no processo decisório, e o sistema político altamente fragmentado geraram, em grande medida, uma Suprema Corte (STF poderosa e centralizadora do policy-making Judiciário, se tornando, neste aspecto, uma terceira câmara do processo decisório.This article argues that the National Council of Justice (CNJ, created in Brazil in 2004, was the result of a political arrangement based on the achievement of the Reform of the Judiciary. In this arrangement the interests of the Federal Supreme Court (STF prevailed over the others and therefore the result of a

سمات النظام القضائي الأمريكي ومبررات تشكيل المحكمة العليا عام 1789 U.S.A judicial system attributes and justification for the formation of the Supreme Court of 1789

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Aasim Hakim Abbas Al-Jubouri عاصم حاكم عباس الجبوري

2017-01-01

Full Text Available Dealt with a lot of research and academic studies, some important joints of the history of the United States, social, economic, political and even judicial especially after independence in 1783 and stayed another ill-considered, such as, the American judicial system attributes and justifications for the formation of the Supreme Court, so we chose the theme (The judicial system attributes American and justification for the formation of the Supreme Court. That specify search features American judicial system and the rationale for the formation of the Supreme Court address and confined to an important part, has more than one meaning, including that these features have not been studied and show the extent of their impact on the overall US justice system and the role played by those features make the US justice system is unique from other other judicial systems, as well as so that the formation of the US Supreme Court, and that court has played the future of the US justice system, as it paved the way for him is set in center stage globally later. The Study was divided into two sections, taking the first section (the American judicial system attributes as was the highlight of the US judicial system attributes starting and ending with the previous judicial system of the jury system through the federal system of the United States, and the duplication of the court system in the United States, as tracing the historical roots of the evolution of the system juryAnd the mechanism of transition the American colonies with reference to the neglect of the Federal the Constitution Juryas well as a highlight in a briefly to federal system is United States, and duplication of court system in the United States and the Search section previous system of judicial, and what caused this system of significant impact on the American justiceAnd studied the second topic (formation of Supreme Court and their mechanism of action, and the Department of topic on several axes, as

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

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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.

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…

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

K-12 Implications Seen in Some Cases before High Court

Science.gov (United States)

Walsh, Mark

2010-01-01

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

Legal briefs in dental bias case raise issues pivotal to epidemic.

Science.gov (United States)

1998-03-20

The U.S. Supreme Court will hear oral arguments in March that could profoundly alter the way courts, employers, and the medical community deal with HIV. [Name removed] v. [Name removed] raises the issues of whom the law covers, whether health care providers have a choice in treating HIV and AIDS patients or refusing to treat them, and whether the stigma of HIV impedes an infected person's ability to participate in mainstream American life. This is the first time that the Supreme Court will interpret the Americans with Disabilities Act (ADA) and how the case is decided could affect the legal rights of people with other impairments. The case grew out of a dentist's refusal to treat an HIV-positive patient in his office because of the increased risk of contracting the disease. [Name removed] offered to treat [name removed] in a hospital, where infection control procedures are better. [Name removed] sued, relying on the ADA, and prevailed in both Federal district court and the 1st U.S. Circuit Court of Appeals. The Supreme Court asked both sides to discuss the following questions: does the ADA protect all people with HIV, including those with no symptoms, from discrimination; is reproduction a major life activity under the ADA; and should the court defer to the health-care provider's professional judgement for evaluating whether a patient poses a direct threat. [Name removed] argues that an asymptomatic person cannot be disabled under the meaning of the law and cites two celebrities as examples, Earvin "Magic" Johnson and Greg Louganis. [Name removed] argues that the definition of disability under the ADA is intentionally broad to achieve the remedial purpose of enabling Americans with disabilities to live full, independent and economically sufficient lives. The elements of the case, the key players, and the legislative history are reviewed.

The Legal Investigation Peculiarities in RF Constitutional Court

Directory of Open Access Journals (Sweden)

Natal'ya V. Lebedeva

2012-11-01

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

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

Science.gov (United States)

McCarthy, William Osler

1979-01-01

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

Internal procedures, Trojan horses, and the right to deduct input VAT. Remarks concerning the judgment of the Supreme Administrative Court of 25 July 2017 (I FSK 1798/15

Directory of Open Access Journals (Sweden)

Krzysztof Lasiński-Sulecki

2018-03-01

Full Text Available According to the Supreme Administrative Court, Art. 86(1, Art. 88(3a and Art. 99(12 of the Goods and Services Tax Act are to be interpreted as meaning that the introduction by the taxpayer of procedures for verifying suppliers and recipients of goods or services does not constitute good faith and, consequently, does not allow the right to deduct input tax on the basis of invoices which do not reflect actual economic events, if those procedures have not been followed in a transaction with a particular supplier or recipient.

Court Upholds Confidentiality of Research Records/Data.

Science.gov (United States)

Florio, David H.

1980-01-01

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

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

Science.gov (United States)

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

1994-01-01

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

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

National Research Council Canada - National Science Library

Baldrate, Brian C

2005-01-01

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

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.

How do the Constitutional Courts decide?

Directory of Open Access Journals (Sweden)

Pasquale Pasquino

2016-12-01

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

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

DEFF Research Database (Denmark)

Bergqvist, Christian; Christensen, Laurits Peder Schmidt

2015-01-01

to the application of competition law to the matter at hand. Unhappy, not only with the outcome, but also the process, the access seeking party, Terminal A, lodged a case before the judiciary arguing that air security regulation did not prevent the application of competition law and an order for the granting...... of access. This submission was not accepted by the Danish Supreme Court that moreover held EU Article 106 (2) to be applicable as a defence for Copenhagen Airport’s refusal to lease the land to Terminal A. The case provides guidance on the scope of the state action defence under Danish competition law and...... for the purpose of building a new terminal A. Terminal A would compete with the airport in the supply of services to airlines. Copenhagen airport rejected the request which in turn lead the group of investors to complain to the Danish Competition and Consumer Authority ("DCCA"). In its draft decision the DCCA...

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.

76 FR 45007 - Sentencing Guidelines for United States Courts

Science.gov (United States)

2011-07-27

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

Judicial Injustice? The “Review Case” before the Dutch Supreme Court in 1942

NARCIS (Netherlands)

Jansen, C.J.H.; Mertens, T.J.M.

2015-01-01

Although the concept of a “wicked legal system” has become well-known, it is not clear how to define such a system or which actors are crucial in bringing it about. This paper discusses from a historical, international, and jurisprudential perspective the Dutch Supreme Court’s 1942 Review Case, in

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

Science.gov (United States)

Pereira, Daniel J; Kunin, Stephen G

2014-12-04

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

Challenging Sex Discrimination Through the Courts: Maternity Leave Policies.

Science.gov (United States)

Pottker, Janice

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

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

International Nuclear Information System (INIS)

Thomas, L.W.

1981-01-01

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

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…

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

Science.gov (United States)

1997-02-21

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

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

Science.gov (United States)

Chilton, Bradley; Chwialkowski, Paul

2014-01-01

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

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...

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

Directory of Open Access Journals (Sweden)

Thaminne Nathalia Cabral Moraes e Silva

2016-12-01

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

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

African Journals Online (AJOL)

user1

that in this judgment the Court based its sentence not only on the seriousness of the ... community should affect the sentencing judge's practice is not an easy one to answer. ... mankind and represent a permanent threat to man and humanity.

The family v. the family court: sterilisation issues.

Science.gov (United States)

Petersen, K

1992-06-01

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

State court rejects estoppel in job accommodation case.

Science.gov (United States)

1997-07-25

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

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

Science.gov (United States)

Fields, Cheryl M.

1987-01-01

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

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"

Directory of Open Access Journals (Sweden)

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.

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…

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.

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

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…

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 ...

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.

Judicial Review: Issues of State Court Involvement in School Finance Litigation.

Science.gov (United States)

Colwell, William Bradley

1998-01-01

Due to state legislatures' reluctance to initiate school-funding reform, judicial bodies are asked to provide relief from alleged inequities. Before providing judicial review, the judiciary must decide whether an issue is justiciable (does not violate separation of powers) and warrants court intervention. Children's education has not substantially…

Sendai High Court rejects residents' appeal to nullify gov't permit for Fukushima II-1

International Nuclear Information System (INIS)

Anon.

1990-01-01

The Sendai High Court on March 20 rejected an appeal made by 33 residents in Naraha-cho, Fukushima Prefecture, to nullify the government permit for Tokyo Electric Power Co.'s plan to establish Fukushima II Nuclear Power Plant Unit 1 (1,100 MW, BWR) near their homes, upholding the Fukushima District Court's 1984 ruling that the government's examination is adequate to ensure safety of the Unit. The plaintiffs are considering taking the case to the Supreme Court. This is the first ruling on the safety of a nuclear power plant in Japan, after the Chernobyl accident in 1986. Unit 1 is currently in operation. Presiding Judge Yoshio Ishikawa approved almost entirely the government's arguments except that on the competence of the plaintiff. The judgement said that the 33 residents living within the radius of fifty and several kilometers from the reactor facilities have plaintiff competency, because if the safety of the reactor facilities could not be assured, the facilities could possibly present a grave danger to the lives and health of the residents. The ruling said that issuing the reactor installation permit was committed to the government's special technical discretion. (N.K.)

High Court Case Could Rein in Private Placements under IDEA

Science.gov (United States)

Walsh, Mark

2007-01-01

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

Obergefell contra Hodges: la sentencia de la Corte Suprema de los Estados Unidos sobre el matrimonio entre personas del mismo sexo // Obergefell v. Hodges: The judgement of the Supreme Court of the United States on same-sex marriage

Directory of Open Access Journals (Sweden)

David Delgado Ramos

2017-07-01

On 26 June 2015, the Supreme Court of the United States through its judgement Obergefell v. Hodges consecrated the constitutionality of same-sex marriage, ending an intensive and extensive debate which had deeply divided American society since the last third of the 20th century. Throughout this work the right to marry in the United States is analyzed from the perspective of its legal frame and its jurisprudential evolution, both at State and federal levels, to conclude with an analysis of Obergefell v. Hodges and their dissenting opinions.

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

NARCIS (Netherlands)

Holvast, N.L.

2014-01-01

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

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…

"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.

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.

Lost in the crowd: prison mental health care, overcrowding, and the courts.

Science.gov (United States)

Appelbaum, Paul S

2011-10-01

Skyrocketing inmate populations have put considerable pressure on prison mental health services. In California, prison populations have exceeded 200% of capacity, and litigation to rectify constitutionally inadequate care has been under way for more than two decades. After the failure of other remedies, a federal court ordered the state to reduce its inmate population to 137.5% of capacity in two years. The U.S. Supreme Court upheld the order, although it signaled that California could obtain more time to comply. Other states now are on notice that the justices will not permit grossly inadequate treatment conditions to continue indefinitely.

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…

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.

The Relevance of Criminal Courts in the Global South

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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.

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

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Marius ANDREESCU

2014-05-01

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

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

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Leonel Cesarino Pessôa

2009-06-01

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

New developments in India concerning the policy of passive euthanasia.

Science.gov (United States)

Kanniyakonil, Scaria

2018-02-15

Euthanasia and assisted dying are illegal in India according to Sections 306 and 309 of the Indian Penal Code (IPC), and Article 21 of the Constitution of India. There have been a number of cases where the Indian High Courts and Indian Supreme Court issued differing verdicts concerning the right to life and the right to die. Nevertheless, on 7 March 2011, a paradigm shift happened as a result of the Indian Supreme Court's judgment on involuntary passive euthanasia in the case of Aruna Shanbaug. In its judgment, the Supreme Court requested the government to prepare a law on euthanasia. Accordingly, the 241st Report of the Law Commission of India proposed a bill to permit passive euthanasia. In May 2016 the Ministry of Health and Family Welfare (MOHFW) issued the draft bill for public comment in order to create an informed decision. The Indian people are divided on the issue of euthanasia. The majority of the scientific community welcome it, while some religious groups oppose it. Hindus, in general, express both supporting and opposing views on euthanasia, whereas, Christians and Muslims have hardened their opposition against it. The Supreme Court judgment and the Report of the Law Commission pave the way for the development of new policies pertaining to passive euthanasia by the central government of India. Once such legislation is passed, passive euthanasia may, and probably will, have an enormous impact on the cultural, political, public and medical spheres of India in the near future. © 2018 John Wiley & Sons Ltd.

Cut out: Court ruling leaves B.C. Natives out in the cold

Energy Technology Data Exchange (ETDEWEB)

Lorenz, A.

2004-03-01

Impact of a recent decision of the British Columbia Supreme Court is reviewed. The court decision allows development of natural gas reserves without first completing a cumulative environmental impact assessment on a small piece of land which is home to moose, deer, owls and other boreal forest animals, and as such is vital to two native communities. The court decision is in response to a petition by the Saulteau and Moberly First Nations to squash the BC Oil and Gas Commission's (OGC) ruling to grant Tulsa, Oklahoma-based Vintage Petroleum's application to drill in a 3,960 square kilometre area belonging to the First Nations communities. The First Nations' petition claims violation of the communities' rights under a 1899 Treaty, and violation of the concept of cumulative impact management. OGC's approval rests on the imperfect definition of what cumulative impact means and on the relatively minor impact that drilling an exploratory well would have. The native communities and environmentalists claim that there are larger issues at stake, including land development in partnership between native communities and the industry, and the oil and gas industry's traditional reluctance to accept limits on resource development. To deal with this issue and to serve as a guide for the future, the OGC commissioned a study entitled 'Development of a Practical Framework for Cumulative Effects Assessment and Management for Northeast British Columbia'. The report recommends development of a screening tool to assess the effects of proliferating industrial projects on the environment and to enable OGC and the First Nations to evaluate future applications simultaneously rather than one by one. The process is continuing, but based on the evidence to date, First Nations communities are not optimistic that their concerns will be fully addressed. 6 figs.

A Private Issue Becomes a Public Issue: A Rhetorical Analysis of "Roe v Wade."

Science.gov (United States)

Cooper, Martha

Supreme Court decisions tend to take the form of either (1) an act of justification or argumentation that defends the verdict of the communicator, or (2) a construction of a new symbolic reality that influences the world view of its audience. The "Roe vs. Wade" decision is an example of the merger of these two rhetorical functions. The…

Human dignity and the future of the voluntary active euthanasia ...

African Journals Online (AJOL)

The issue of voluntary active euthanasia was thrust into the public policy arena by the Stransham-Ford lawsuit. The High Court legalised voluntary active euthanasia – however, ostensibly only in the specific case of Mr Stransham-Ford. The Supreme Court of Appeal overturned the High Court judgment on technical grounds, ...

Tuition reimbursement for special education students.

Science.gov (United States)

Zirkel, P A

1997-01-01

The spring 1996 issue of The Future of Children on special education reviewed the legislative and litigation history of the Individuals with Disabilities Education Act (IDEA). This Revisiting article examines the impact of the two U.S. Supreme Court cases setting forth school districts' responsibility to reimburse parents of students with disabilities for private school tuition under certain circumstances. An extensive examination of published cases reveals that the number of cases litigated has increased but that the courts are no more likely to decide in favor of parents than they were before the Supreme Court rulings.

Death Penalty Issues Following Atkins

Science.gov (United States)

Patton, James R.; Keyes, Denis W.

2006-01-01

In light of the U.S. Supreme Court's 2002 landmark decision in "Atkins v. Virginia," a diagnosis of mild mental retardation has taken on a life and death significance for people who are the most deeply involved in criminal justice. As such, each aspect of the mental retardation definition (American Association on Mental Retardation, 2002) is a…

Issues of biomedically assisted fertilization before the European Court of Human Rights

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Bordaš Bernadet

2011-01-01

Full Text Available The development of biomedicine has led to the birth of the first test-tube baby in 1978, and that event gave enormous impetus for further development of biomedically assisted fertilization, but also for the development of supporting legislation. Biomedically assisted fertilization and its application raises sensitive social and moral issues, so states retain their sovereign rights in this area and enact rules and regulations that reflect their national legislative policy. Comparative studies across Europe show that national legal acts are in force in many countries, but differences exist and states persist on them. Legal regulation of biomedically assisted fertilization provides legal security for individuals who are subjected to it, making easier the legal protection in cases where individual rights are violated. This paper presents two recent judgments of the European Court of Human Rights, the subject matter of which are issues of biomedically assisted fertilization, where legal remedy is sought under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Both judgments are in favor of the states against which complaints are filed by individuals: the Court ruled that national regulations have not violated the right to respect for the individual's private life.

[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.

legal pluralism, sharia courts, and constitutional issues in ethiopia

African Journals Online (AJOL)

eliasn

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

Lawyer Accountability in Public Bid

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Adriana da Costa Ricardo Schier

2015-12-01

Full Text Available The present article aims to analyze the main fundamentals and the positioning of the courts about the responsibility of the public official who acts as referee in public procurements. In other words, the aim is an analysis of current decisions of the Court of Auditors of the Union and of the Supreme Court regarding the accountability of public advocate when issuing legal opinion concerning any hiring process in the public sector. In this way, will address some constitutional aspects that give the competence of members to this exercise carefully the general norms of law and the Attorney General's Office. This analysis will be examinated using as a basis the 1988 Federal Constitution, decisions of the Court of Auditors of the Union Decisions by the Supreme Court and doctrine.

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

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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�

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

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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.

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

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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.

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

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Tatyana Mikhailovna Sekretareva

2015-06-01

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

Review of Administrative Justice in the Republic of Kosovo

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Islam Pepaj

2015-07-01

Full Text Available The present paper aims to provide a real view of adjudication of administrative cases in Kosovo. The issue of adjudication of administrative cases in the Republic of Kosovo remains a challenge following justice reforms which began in 2013 and are still on-going. Kosovo as a new country faces difficulties in professionalization of public administration and this is closely related to large number of case that are subject of judicial review which is not a case with other countries which have longer experience in public administration. In this context, more attention has been paid to review of administrative acts and issues with special focus on judicial review, following with legal remedies, administration silence as cause of judicial review. The paper also contains information about administrative justice in Kosovo before and 2013, and its current state. New court structure brought with New Law on Courts which entered into force in 2013 affected administrative justice substantially. In the previous system, Kosovo Supreme Court was the only instance handling administrative disputes. In this regard, the issue of effective legal remedies was not in place as required by international standards. However, new court structure brought significant changes regarding legal remedies in administrative justice by setting up three court instances; Administrative departments within Prishtina Basic Court and Appellate Court as well as Supreme Court extraordinary legal remedies review.

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

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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.

Child Sexual Abuse: A School Leadership Issue

Science.gov (United States)

Mitchell, Mark W.

2010-01-01

Child Sexual Abuse is a growing epidemic. In the United States, 1 in 6 boys and 1 in 4 girls will be sexually abused before reaching adulthood. From a legal standpoint, inappropriate sexual relations between a faculty/staff member and a student are a growing national concern. In 1991, the Supreme Court heard the Franklin v. Gwinnett County Public…

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

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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

Lamb's Chapel Revisited: A Mixed Message on Establishment of Religion, Forum and Free Speech.

Science.gov (United States)

Mawdsley, Ralph D.

1995-01-01

The Supreme Court in "Lamb's Chapel" unanimously reversed federal district and court of appeals decisions that had upheld school district rules prohibiting use of school district property "by any group for religious purposes." Discusses three issues within the context of religious speech: establishment of religion, free speech,…

Macro issues of Mikro Primary School | Bray | Potchefstroom ...

African Journals Online (AJOL)

Mikro Primary School is an Afrikaans medium public school whose governing body refused to accede to an order of the Western Cape Department of Education to change the language policy of the school so as to convert it into a parallel medium Afrikaans/English school. The Supreme Court of Appeal held that section ...

Meghan Rene, et al., v. Dr. Suellen Reed, et al. "Due Process." Lesson Plans for Secondary School Teachers on the Constitutional Requirement of "Due Process of Law." Courts in the Classroom: Curriculum Concepts and Other Information on Indiana's Courts for the K-12 Educator.

Science.gov (United States)

Osborn, Elizabeth

In the Rene v. Reed case, Meghan Rene and other disabled students argued that their due process rights were violated in regard to the Indiana Statewide Testing for Educational Progress (ISTEP) graduation examination. This set of four lesson plans uses the case of Rene v. Reed, which was first argued before the Indiana Supreme Court, to study the…

Tax Credit Scholarship Programs and the Law

Science.gov (United States)

Sutton, Lenford C.; Spearman, Patrick Thomas

2014-01-01

After "Zelman v. Simmons-Harris" (2002), civil conflict over use of vouchers and taxes to purchase private education, especially in religious schools, largely remained an issue for state courts' jurisprudence. However, in 2010, it returned to the U.S. Supreme Court when Arizona taxpayers challenged the constitutionality of the state's…

Fraser and the Cheerleader: Values and the Boundaries of Student Speech

Science.gov (United States)

Ehrensal, Patricia A. L.

2012-01-01

Student speech has and continues to be a contested issue in schools. The Supreme Court ruled in "Tinker" that students do not shed their rights at the schoolhouse gate; in the "Kuhlmeier" and "Fraser" decisions, however, the Court gave school officials greater latitude in regulating student speech, especially when it…

Backlash or a Positive Response?: Public Opinion of LGB Issues After Obergefell v. Hodges.

Science.gov (United States)

Kazyak, Emily; Stange, Mathew

2018-01-10

Following Obergefell v. Hodges, same-sex marriage remains controversial and anti-LGBT state legislation has been passed, which raises questions about whether the Supreme Court's ruling may have created a backlash. We use data from two waves of a general population survey of Nebraskans conducted before and after the decision to answer three questions. First, we test three theories of how the court decision influenced public opinion. We find that support for same-sex marriage was significantly higher following the ruling, suggesting that there was not a backlash to it. Second, we assess whether people perceive that the court accurately reflects the public's opinion. We find that people who favor same-sex marriage are more likely to think that the ruling refects public opinion very well; those who oppose same-sex marriage are more likely to think that the ruling does not at all reflect public opinion. Third, we examine the association between discussing gay rights and support for same-sex marriage, finding that those who talk about LGB issues very often are more likely to favor same-sex marriage. We discuss the implications of these findings in relation to two of the themes of this special issue: the influence of marriage equality on Americans' understandings of marriage and the impact of marriage equality on future LGBT activism.

Disciplining handicapped students: legal issues in light of Honig v. Doe.

Science.gov (United States)

Bartlett, L

1989-01-01

Court decisions interpreting the effect of the education for All Handicapped children Act on traditional forms of public school discipline have raised many question. This article reviews these decisions and confirms that most forms of minor disciplinary remedies remain available to educators so long as they are also used with nonhandicapped students. However, many legal problems arise with expulsion and long-term, or indefinite, suspensions of handicapped students, especially in the light of the recent Supreme court ruling regarding the expulsion of handicapped students.

"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.

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

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Oona de Oliveira Cajú

2017-04-01

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

FINALITY OF INDONESIAN CONSTITUTIONAL COURT DECISION IN REGARD TO JUDICIAL REVIEW

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Suwarno Abadi

2016-05-01

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

On Students' Rights, an "Originalist" Stands Firm

Science.gov (United States)

Walsh, Mark

2011-01-01

The author reports on how U.S. Supreme Court Justice Clarence Thomas' opinions in youths'-rights cases reflect his "originalist" thinking. Justice Thomas, 63, marks two decades on the court Oct. 23, and a hallmark of his tenure is his willingness to carve out a solitary stance on certain issues. Particularly in cases involving schools…

Academic and Artistic Freedom.

Science.gov (United States)

Strossen, Nadine

1992-01-01

Issues and recent events concerning censorship of the arts in the United States are examined, and the threat to artistic freedom posed by recent Supreme Court decisions is examined. Focus is on erosion of the actual or imminent harm requirement of the law and on the court's class-based approach to free speech. (MSE)

The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court?

International Nuclear Information System (INIS)

Zimmermann, B.

1992-01-01

The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court? The article examines questions of recourse to the competent court, problems concerning the admissibility of legal proceedings before the Federal Admininstrative Court, the competence of the Laender in performing administrative acts on behalf of the Federation, the effectiveness of legal protection and the relationship between the Laender and the Federation in terms of responsibility for constitutional rights. The legal protection offered by administrative law, against a directive of the Federal Government is wholly ineffective, as there is no legal position a Land could bring into play to defened itself against a directive leading to unlawful action. Inequites which thus occur can however be met via a dispute between the Federation and the Laender as provided by the constitution, as the content of a directive becomes relevant in attempts to exert influence on the competence issue. Ultimately the rulings of the Basic Law on competence serve to protect the citizen and the community against excesses. In this connection the constitutional rights in their capacity as negative competence rulings disqualify executive acts. (orig./HSCH) [de

National Courts and EU Law

DEFF Research Database (Denmark)

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

Atypical Rulings of the Indonesian Constitutional Court

Directory of Open Access Journals (Sweden)

Bisariyadi

2016-08-01

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

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.

Status of Court Management in Switzerland

Directory of Open Access Journals (Sweden)

Andreas Lienhard

2012-12-01

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

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.

Structuring joint ventures and resource development arrangements between Aboriginal communities and the petroleum industry : Proceedings of an Insight Conference

International Nuclear Information System (INIS)

1998-01-01

The 15 presentations at this conference focused on the structuring of joint ventures with the petroleum industry and First Nations communities in the wake of the recent Delgamuukw decision of the Supreme Court of Canada, issued in December 1997. This decision asserted the right of Aboriginal communities to exclusive use and occupation of their land. The decision has created an urgent need to re-examine business relationships with Aboriginal communities and led to an increase in interest by resource industry people in Aboriginal practices, customs and traditions. Accordingly, speakers at this conference explored the consequences of self government by native communities, native cultural issues that influence the way Aboriginal people conduct business and the effect of the Supreme Court decision on land use planning in the resource-rich provinces of Canada. refs., tabs., figs

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

Obesity epidemic in Brazil and Argentina: a public health concern.

Science.gov (United States)

Arbex, Alberto K; Rocha, Denise R T W; Aizenberg, Marisa; Ciruzzi, Maria S

2014-06-01

The obesity epidemic is rapidly advancing in South America, leading to inevitable health consequences. Argentinian and Brazilian health policies try to become adapted to the new economic and social framework that follows from this epidemic. It is in incipient and ineffective control so far since the prevalence of obesity was not restrained. The Argentine national legislation is more advanced, through the so-called "Ley de Obesidad." In Brazil, there are numerous local initiatives but still not a comprehensive law. National policies relating to decisions regarding obesity are discussed in this paper. Trends in decisions issued in higher courts of Argentina (Supreme Court of Justice of the Nation--CSJN) and Brazil (Supreme Court of Justice--STF), in the last 15 years, seek to clarify the approach of each country and court's resolutions. Marked differences were found in their positions. Finally, legal and health solutions to this obesity epidemic are proposed.

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

DEFF Research Database (Denmark)

Nielsen, Ruth; Tvarnø, Christina D.

2017-01-01

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

COOLING WATER ISSUES AND OPPORTUNITIES AT U.S. NUCLEAR POWER PLANTS

Energy Technology Data Exchange (ETDEWEB)

Gary Vine

2010-12-01

This report has been prepared for the Department of Energy, Office of Nuclear Energy (DOE-NE), for the purpose of providing a status report on the challenges and opportunities facing the U.S. commercial nuclear energy industry in the area of plant cooling water supply. The report was prompted in part by recent Second Circuit and Supreme Court decisions regarding cooling water system designs at existing thermo-electric power generating facilities in the U.S. (primarily fossil and nuclear plants). At issue in the courts have been Environmental Protection Agency regulations that define what constitutes “Best Technology Available” for intake structures that withdraw cooling water that is used to transfer and reject heat from the plant’s steam turbine via cooling water systems, while minimizing environmental impacts on aquatic life in nearby water bodies used to supply that cooling water. The report was also prompted by a growing recognition that cooling water availability and societal use conflicts are emerging as strategic energy and environmental issues, and that research and development (R&D) solutions to emerging water shortage issues are needed. In particular, cooling water availability is an important consideration in siting decisions for new nuclear power plants, and is an under-acknowledged issue in evaluating the pros and cons of retrofitting cooling towers at existing nuclear plants. Because of the significant ongoing research on water issues already being performed by industry, the national laboratories and other entities, this report relies heavily on ongoing work. In particular, this report has relied on collaboration with the Electric Power Research Institute (EPRI), including its recent work in the area of EPA regulations governing intake structures in thermoelectric cooling water systems.

COOLING WATER ISSUES AND OPPORTUNITIES AT U.S. NUCLEAR POWER PLANTS

International Nuclear Information System (INIS)

Vine, Gary

2010-01-01

This report has been prepared for the Department of Energy, Office of Nuclear Energy (DOE-NE), for the purpose of providing a status report on the challenges and opportunities facing the U.S. commercial nuclear energy industry in the area of plant cooling water supply. The report was prompted in part by recent Second Circuit and Supreme Court decisions regarding cooling water system designs at existing thermo-electric power generating facilities in the U.S. (primarily fossil and nuclear plants). At issue in the courts have been Environmental Protection Agency regulations that define what constitutes 'Best Technology Available' for intake structures that withdraw cooling water that is used to transfer and reject heat from the plant's steam turbine via cooling water systems, while minimizing environmental impacts on aquatic life in nearby water bodies used to supply that cooling water. The report was also prompted by a growing recognition that cooling water availability and societal use conflicts are emerging as strategic energy and environmental issues, and that research and development (R and D) solutions to emerging water shortage issues are needed. In particular, cooling water availability is an important consideration in siting decisions for new nuclear power plants, and is an under-acknowledged issue in evaluating the pros and cons of retrofitting cooling towers at existing nuclear plants. Because of the significant ongoing research on water issues already being performed by industry, the national laboratories and other entities, this report relies heavily on ongoing work. In particular, this report has relied on collaboration with the Electric Power Research Institute (EPRI), including its recent work in the area of EPA regulations governing intake structures in thermoelectric cooling water systems.

Sunshine through the Rain: New Hope for Decriminalization of Gay Sex in India?

OpenAIRE

Manoharan, Govind

2018-01-01

Gay sex is still a criminal act according to the Indian Penal Act. In 2013, the Supreme Court had quashed a judgment by a Delhi Court to decriminalise consensual gay sex. Now, there are signs that the Supreme Court might reconsider.

The issue of delivery room infections in the Italian law. A brief comparative study with English and French jurisprudence.

Science.gov (United States)

Zaami, Simona; Montanari Vergallo, Gianluca; Napoletano, Simona; Signore, Fabrizio; Marinelli, Enrico

2018-01-01

Delivery room infections are frequent, and many of them could be avoided through higher standards of care. The authors examine this issue by comparing it to English and French reality. Unlike England, in Italy and France the relationship established between health facility, physician and patient is outlined in a contract. In England, the judges' decisions converge toward a better and higher protection of the patient-the actor-and facilitate the probative task. In case of infections, including those occurring in the delivery room, three issues are evaluated: the hospital's negligent conduct, damages if any and causal nexus. Therefore, the hospital must demonstrate to have taken the appropriate asepsis measures according to current scientific knowledge concerning not only treatment, but also diagnosis, previous activities, surgery and post-surgery. In order to avoid a negative sentence, both physicians and hospital have to demonstrate their correct behavior and that the infection was caused by an unforeseeable event. The authors examine the most significant rulings by the Courts and the Supreme Court. They show that hospitals can avoid being accused of negligence and recklessness only if they can demonstrate to have implemented all the preventive measures provided for in the guidelines or protocols.

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

A Cross-Disciplinary Examination of Print Resources on Abortion

Science.gov (United States)

Johnson, Wendell G.

2011-01-01

Abortion is a highly-charged, emotional topic which often appears in the news, particularly during the confirmation process for a Supreme Court nominee. Community College students continue to ask reference librarians for print resources dealing with this controversial issue. Often we turn to the reliable series "Current Controversies," "At Issue,"…

After "Hazelwood": The Role of School Officials in Conflicts over the Curriculum.

Science.gov (United States)

Whitson, James Anthony

1993-01-01

Analyzes in some detail a number of censorship cases affected by the 1988 United States Supreme Court case, Hazelwood School District v. Kuhlmeier. Considers how principals have been affected by the ruling in their relation to the issue of censorship. Presents ideas about how administrators should deal with the issue. (HB)

Ignoring the data and endangering children: why the mature minor standard for medical decision making must be abandoned.

Science.gov (United States)

Cherry, Mark J

2013-06-01

In Roper v. Simmons (2005) the United States Supreme Court announced a paradigm shift in jurisprudence. Drawing specifically on mounting scientific evidence that adolescents are qualitatively different from adults in their decision-making capacities, the Supreme Court recognized that adolescents are not adults in all but age. The Court concluded that the overwhelming weight of the psychological and neurophysiological data regarding brain maturation supports the conclusion that adolescents are qualitatively different types of agents than adult persons. The Supreme Court further solidified its position regarding adolescents as less than fully mature and responsible decisionmakers in Graham v. Florida (2010) and Miller v. Alabama (2012). In each case, the Court concluded that the scientific evidence does not support the conclusion that children under 18 years of age possess adult capacities for personal agency, rationality, and mature choice. This study explores the implications of the Supreme Court decisions in Roper v. Simmons, Graham v. Florida, and Miller v. Alabama for the "mature minor" standard for medical decision making. It argues that the Supreme Court's holdings in Roper, Graham, and Miller require no less than a radical reassessment of how healthcare institutions, courts of law, and public policy are obliged to regard minors as medical decisionmakers. The "mature minor" standard for medical decision making must be abandoned.

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.

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.

The Abbott School Construction Program: NJ Department of Education Proposed Facilities Regulations. Analysis of Preschool Issues

Science.gov (United States)

Ponessa, Joan; Boylan, Ellen

2004-01-01

This report on preschool facilities analyzes regulations proposed by the New Jersey Department of Education (NJDOE) to implement the Educational Facilities Construction and Financing Act. (EFCFA). EFCFA, which authorizes and governs New Jersey's public school construction program, was enacted in July 2000 to implement the State Supreme Court's…

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

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)

School Law.

Science.gov (United States)

Splitt, David A.

1986-01-01

Outlines important implications for consideration in developing employment policies prohibiting sexual harassment. The recent Supreme Court decision on a sexual harassment case shows that employers are not "insulated" from liability if courts find harassment in the workplace. Also discusses two other Supreme Court decisions. (MD)

Como levar o Supremo Tribunal Federal a sério: sobre a suspensão de tutela antecipada n. 91 How to take the Supremo Tribunal Federal (Brazilian Federal Supreme Court seriously: on the suspension of advance claim rights' concession n. 91

Directory of Open Access Journals (Sweden)

Vera Karam de Chueiri

2009-06-01

Full Text Available O presente artigo analisa a suspensão da tutela antecipada n. 91 pelo Supremo Tribunal Federal, sob a perspectiva da teoria de Ronald Dworkin, relativamente à compreensão da necessária adoção de uma postura crítico-construtiva (política pelo Poder Judiciário, especialmente pela jurisdição constitucional. Neste sentido, toda decisão proferida pela Corte em favor de um direito fundamental deve prevalecer, desde que fundamentada em argumentos de princípio e que seja coerente com o sistema constitucional. Daí a idéia de que existem respostas certas no direito e que estas são melhores do que as que oferece tanto o convencionalismo jurídico, quanto o pragmatismo jurídico. A questão que se coloca é acerca da legitimidade da Corte, leia-se do Supremo Tribunal Federal, para ter a última palavra sobre as decisões (políticas do executivo e do legislativo, especialmente em relação às políticas públicas de governo por eles promovidas.This article aims at analyzing the suspension by Brazilian Federal Supreme Court of the suspension of advance claim rights' concession n. 91 under the perspective of Ronald Dworkin's theory, concerning the understanding that it is necessary for judiciary power to have a critical and construtive (political attitude in order to decide, especially for constitutional courts. In this sense, every decision rendered by the court in favor of a fundamental right must prevail, once it is founded on arguments of principle and it is coherent with the constitutional system. There, it follows the idea that there are right answers in law and that these are better than those offered by legal conventionalism or legal pragmatism. Then, ir also follows the question about the legitimacy of the court, that is, does the Supremo Tribunal Federal should have the last word on decisions of the executive and legislative powers, especially concerning their public policies?

The use of mental health court appearances in supervision.

Science.gov (United States)

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

2010-01-01

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

[Information and consensus for an appropriate medical-legal management of nosocomial infections, also in the light of the recommendations of the Joint Commission International Accreditation and the directions of the Supreme Court].

Science.gov (United States)

Buzzi, Fabio

2010-01-01

The author, underlined the general importance of the information towards the persons who receive hospital assistance and recalled also the historical bases and the international inquiry upon this matter, precises the reasons that need particular information procedure regarding the hospital infections, because the problems raised by these infections and the safety measures against them request to involve also all people entering the hospital as visitors. On the basis of some specific items fixed by the Joint Commission International Accreditation in order of the duties of the hospital directions, well applicable on this matter, the author suggests that the material impossibility to zeroing occurrence of the hospital infections, in case of litigations between hospitals and patients needs alternative dispute solutions. In this respect the author mentions the opportunities created by law in France and, very recently, in Italy too. Finally, the author points out the pretentions of the Italian Supreme Court about the completeness and the precision that must caractherize the procedure of informed consent about all risks of every medical activity, otherwise the liability of the hospitals and the members of their care staffs is quite presumed--even from the point of view of the penal aforethought--while the medical performance has been proper.

The Control of Environment Management Through Administrative Court

Science.gov (United States)

Putrijanti, Aju

2018-02-01

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

The courts in Renaissance Italy

Directory of Open Access Journals (Sweden)

Beatrice Del Bo

2011-09-01

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

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...

El Rol Uniformador de la Jurisprudencia de la Sala Penal de la Corte Suprema: Estudio empírico

Directory of Open Access Journals (Sweden)

Jaime Couso

2007-01-01

Since 1995, the Chilean Supreme Court counts with specialized chambers for knowing determinate matters. One of the main objectives in creating these specialized chambers consisted in assuring a more certain and uniform application of the law. This article focuses on the case-law produced by the Supreme Court's criminal chamber, trying to assess the extent to which the goal of a uniform application of the law was achieved during the years 1995-2002. In order to do so, the study utilizes the conceptual framework elaborated by relevant American research on the following of precedents, assuming that a more uniform application of the law is the natural result of that kind of court behavior. According to that research, the degree to which the precedents set by a Supreme Court are actually followed can be ascertained in two levels: first, by examining the phenomena within the Supreme Court itself, where a justice's precedential attitude depends on a low level of salience of the issue addressed, which in turns depends on specific historical circumstances (Spaeth & Segal; second, by studying the issue in a 'vertical' direction, that is, through the examination of the extend to which the behavior of lower court's is congruent with the jurisprudence elaborated by the Supreme Court, which depends on certain institutional conditions studied under the principal/agent relationship model (Songer, Segal & Cameron. This study examines precisely the degree of precedent-following exhibited by the Criminal Chamber of the Chilean Supreme Court and by the country's High courts with regard to five precedent-setting cases decided by the former. After an extensive analysis of court decisions and in depth-interviews of Supreme Court's justices and High Court's judges, as well as criminal-lawyers, the study concludes that the introduction of a Supreme Courts' Criminal Chamber has produced ambivalent, if not poor, outcomes in terms of a uniformity of its jurisprudence, both within the Criminal Chamber

Recent developments in the health care area.

Science.gov (United States)

Harper, T D; Berg, R N

1980-09-01

Of late, there have been several court decisions of significance in the United States in the health care area. In 1 case the Supreme Court was faced with the question of whether or not states were required to fund abortions under the Medicaid program. In a 2nd case, a lower court was required to determine whether a Professional Standards Review Organization (PSRO) was a federal agency subject to the disclosure requirements of the federal Freedom of Information Act. Both of these issues are discussed. The Supreme Court authoritatively and conclusively established that a woman has no constitutional right to a state or federally funded abortion and with this ruling resolved several contrary lower court decisions and extended Congressional power to limit the expenditure of federal funds. Congress has established by a funding exclusion commonly referred to as the "Hyde Amendment," a limitation upon the expenditure of federally appropriated funds provided pursuant to Title 19 of the Social Security Act (Medicaid). A United States District Court in Georgia held that this exclusion was not to affect a state's duty to fund abortions deemed to be "medically necessary." A United States District Court in New York held the Hyde Amendment to be unconstitutional for failing to require funding of abortions that were deemed medically necessary. Contrary to the Georgia Court's ruling, the Supreme Court determined that the Medicaid program provides no unilateral funding obligation for a state which chooses to participate in the system. Contrary to the New York Court's ruling, the Sumpreme Court concluded that the Hyde Amendment is not constitutionally deficient. The Supreme Court determined that the limitation of abortion funding does not constitute a violation of the Establishment Clause of the 1st Amendment and that the limitation upon funding does not constitute a violation of the Equal Protection Clause of the 14th Amendment. The District Court in the District of Columbia

Mitigating costs and the preemptive effect of federal rate orders

International Nuclear Information System (INIS)

Darr, F.P.

1992-01-01

The role of federalism in the regulation of energy production is a long-standing problem. This article is divided into five parts. Following a summary of the case 'New Orleans Public Service, Inc. v. Council of New Orleans' (NOPSI) in Part I the article addresses the statutory and interpretive foundations of the filed rate doctrine described in Part II. Part III discusses the Supreme Court's extension of the doctrine into greater federal management of retail rates and introduces the reaction of the lower courts to the Supreme Court's decisions. Part IV analyzes the NOPSI exception requiring a utility to mitigate the effects of a FERC order in light of the policy distinctions inherent in the filed rate doctrine and the recognized eceptions. Part V addresses a related policy issue of the appropriate venue for challenging state orders to deny costs arising from federal orders. 153 refs

Barriers to addressing substance abuse in domestic violence court.

Science.gov (United States)

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

2014-03-01

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

Student Internet Speech: Where Does the Schoolyard End in the Cyberworld?

Science.gov (United States)

Denny, Thomas D.

2013-01-01

This study examines student internet speech that originates off-campus but results in discipline from school. The history of the issue of student speech is explored to set the foundation for the current issue. In the absence of a Supreme Court ruling on student off-campus internet speech, cases reaching the Federal level are explored in search of…

Federal wetlands law: the cases and the problems

Energy Technology Data Exchange (ETDEWEB)

Want, W.L.

1984-01-01

Like environmental statutes generally, wetlands laws have engendered much litigation, accompanied by the judicial establishment of general legal doctrine. The Supreme Court has ruled on questions of taking and private rights of action. Lower courts have decided issues of strict liability, estoppel, ripeness, injunction requirements, and hearing rights. This article surveys federal wetlands cases, presenting the issues litigated and the principles established. The author concludes with the hope that the administration's and environmentalists' disagreement on whether wetlands regulation is excessive will not end in a sacrifice of this important resource. 487 references.

The Different Functions of Speech in Defamation and Privacy Cases.

Science.gov (United States)

Kebbel, Gary

1984-01-01

Reviews United States Supreme Court decisions since 1900 to show that free speech decisions often rest on the circumstances surrounding the speech. Indicates that freedom of speech wins out over privacy when social or political function but not when personal happiness is the issue.

Argumentation in Miranda v. Arizona.

Science.gov (United States)

Benoit, William L.

1991-01-01

Investigates the argumentation advanced in briefs, oral arguments, and the Supreme Court's opinion in the case of Miranda versus Arizona. Considers the background of the case, analyzes the argumentation and its influences on the court, and stresses the importance of viewing the Supreme Court as an active participant in the decision-making process.…

Amy and Drew: Two Children Who Helped Determine What Free Appropriate Public Education Means

Science.gov (United States)

Hammel, Alice M.

2018-01-01

Two Supreme Court cases have served to frame our legal rights and responsibilities regarding a Free Appropriate Public Education for students in our music classrooms and ensembles. This article serves as record of the two cases and their merits, according to the Supreme Court, as well as the actions recommended based on the court decisions.

Doing Justice Outside the Courts: From 19th Century Demands to the Reparations of the Agrarian Reform

Directory of Open Access Journals (Sweden)

Helga Baitenmann

2017-04-01

Full Text Available This article interprets Mexico’s revolutionary agrarian reform as a rearrangement of the balance of power between the executive and judicial branches of government in which village representatives played a key role. In the nineteenth century, when villagers were unable to resolve their land conflicts in the courts, they often asked the executive to intervene. However, the judiciary successfully defended its authority over contentious land matters. The same dynamic played out during Francisco I. Madero’s government, when pueblo representatives assumed that the Ministry  of development would take over land and settle boundary disputes, but the judiciary continued to defend the constitutional separation of powers. Yet the existing balance of power changed radically when Venustiano  Carranza, in the middle of a civil war during which he shut down the judiciary,  signed an agrarian law that allowed the executive to appropriate court functions. The first two reinstated Supreme Courts subsequently gave up some of the prerogatives that constitutionally belonged to the judiciary. This analysis reevaluates prevailing understandings of Mexican agrarian law and the origins of the federal executive’s extraordinary twentieth-century powers.

Baxter v. Montana, libertarianism, and end-of-life: the ripe time for a paradigm shift.

Science.gov (United States)

Ruble, James H

2010-09-01

Baxter v. Montana (2009 WL 5155363 [Mont. 2009]) is a recent decision from the Montana Supreme Court that provides new legal insight into the societal issue of aid in dying. This case involves interests of persons with terminal illness, medical practitioners, law enforcement, legislative and judicial bodies, as well as the citizens of Montana. A summary judgment ruling at the Montana district court level was based almost entirely on a constitutional fundamental rights analysis. In contrast, the Montana Supreme Court affirming decision was based almost entirely on a statutory rights analysis. Both rulings from the Montana courts support the position that licensed prescribers in Montana who provide aid in dying assistance to terminally ill patients have some immunity from criminal prosecution. Each side in the case argued what they believed to be the intents and purposes of the people of Montana. Baxter v. Montana illustrates different methods to determine the will of the people concerning aid in dying and public policy. This case very subtly suggests a paradigm shift may be occurring in aid in dying policy.

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

Science.gov (United States)

Freckelton, Ian

2013-01-01

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

77 FR 69916 - SJI Board of Directors Meeting; Notice

Science.gov (United States)

2012-11-21

... other business. All portions of this meeting are open to the public. ADDRESSES: New Mexico Supreme Court..., 2012 at 9:30 a.m. The meeting will be held at the New Mexico Supreme Court, in Santa Fe, New Mexico...

Death Penalty in America.

Science.gov (United States)

Clifford, Amie L.

1997-01-01

Examines the legal and moral issues, controversies, and unique trial procedures involved with the death penalty. Discusses the 1972 landmark Supreme Court decision that resulted in many states abolishing this punishment, only to reintroduce it later with different provisions. Reviews the controversial case of Sam Sheppard. (MJP)

Science and Politics in "Friedrichs v. California Teachers Association"

Science.gov (United States)

Superfine, Benjamin Michael; Umpstead, Regina R.; Mayrowetz, David; Lenhoff, Sarah Winchell; Pogodzinski, Ben

2018-01-01

In March 2017, the Supreme Court decided "Friedrichs v. California Teachers Association" and upheld the constitutionality of agency fees for nonunion teachers. We examine how "Friedrichs" reflects a host of issues grouped around a patchwork of ideological commitments regarding teachers unions and public-sector unions more…

Protecting Student Press Freedom by State Law: The Experience in California.

Science.gov (United States)

Overbeck, Wayne

Following "Tinker vs. Des Moines Community School District," the United States Supreme Court decision that assured First Amendment rights to secondary school students and teachers, California began experimenting with statutory guarantees of free expression for students at the high school and community college levels. Decisions issued by…

Do Australian Fire Brigades Owe a Common Law Duty of Care? A Review of Three Recent Cases

Directory of Open Access Journals (Sweden)

Michael Eburn

2013-12-01

Full Text Available The law regarding the fire service’s liability for alleged negligence in the way they plan for or respond to a fire is reasonably untested. This paper reports on three cases that were decided in 2012 by the Supreme Courts of New South Wales, Tasmania and the Australian Capital Territory. It is argued that the weight of authority is that the fire brigades are established to provide fire services for the common good, not for individual benefit, and the financial burden of unfortunate operational decisions should be borne by insurers or by the uninsured. Even so, two Supreme Courts have arrived at different conclusions with respect to the question of whether or not the NSW Rural Fire Service owes a common law duty of care to those at risk from bushfire. It is therefore argued that the issue of duty of care would benefit from a determination by the High Court of Australia.

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

Science.gov (United States)

Chakhvadze, B; Chakhvadze, G

2017-01-01

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

Low-Level Waste Forum notes and summary reports for 1994. Volume 9, Number 3, May-June 1994

Energy Technology Data Exchange (ETDEWEB)

NONE

1994-06-01

This issue includes the following articles: Vermont ratifies Texas compact; Pennsylvania study on rates of decay for classes of low-level radioactive waste; South Carolina legislature adjourns without extending access to Barnwell for out-of-region generators; Southeast Compact Commission authorizes payments for facility development, also votes on petitions, access contracts; storage of low-level radioactive waste at Rancho Seco removed from consideration; plutonium estimates for Ward Valley, California; judgment issued in Ward Valley lawsuits; Central Midwest Commission questions court`s jurisdiction over surcharge rebates litigation; Supreme Court decides commerce clause case involving solid waste; parties voluntarily dismiss Envirocare case; appellate court affirms dismissal of suit against Central Commission; LLW Forum mixed waste working group meets; US EPA Office of Radiation and Indoor Air rulemakings; EPA issues draft radiation site cleanup regulation; EPA extends mixed waste enforcement moratorium; and NRC denies petition to amend low-level radioactive waste classification regulations.

Sexual Exploitation of Children and Youth. Human Resources Series.

Science.gov (United States)

Friend, Shelley A.

1983-01-01

This issue brief explores the problem of child pornography and teenage prostitution and examines some of the strategies federal, state, and local governments employ to address these social problems. After a brief review of Congressional actions and Supreme Court decisions, state statutes affecting pornography and prostitution are reviewed, and…

Ethics: No Longer Optional.

Science.gov (United States)

Eveslage, Thomas; D'Angelo, Paul

1994-01-01

Suggests that publications advisors have sound, practical reasons for addressing ethical decision making. Presents a brief review of the Supreme Court's message in "Hazelwood." Surveys staffs and advisors of award-winning high school newspapers concerning ethical issues facing the student press. Finds that advisors believe ethics to be…

Hillary: The Movie, The History Channel, and the Challenge of the Documentary for Democratic Education

Science.gov (United States)

Stoddard, Jeremy

2013-01-01

Background/Context: In "Citizens United vs. Federal Election Commission (2009)," the U.S. Supreme Court cleared the way for corporations to spend unlimited amounts of money to influence citizens' decisions about candidates and issues that will appear on election ballots. More important, however, for democratic educators, the ruling…

ADPF 347 AND THE “UNCONSTITUTIONAL STATE OF AFFAIRS” OF BRAZIL’S PRISON SYSTEM -- ADPF 347 E O “ESTADO DE COISAS INCONSTITUCIONAL” DO SISTEMA PRISIONAL BRASILEIRO

Directory of Open Access Journals (Sweden)

Thiago Luís Santos Sombra

2016-08-01

Full Text Available This essay aims at analyzing the main aspects related to a prison system’s lawsuit judged by the Brazilian Supreme Court in which the “Unconstitutional State of Affairs” adjudication technique was firstly examined. Challenging the base arguments that were presented in the ADPF 347, Justice Rapporteur Marco Aurélio, the article’s purpose is points out that there was not an institutional failure of both Legislative and Executive branches of government in order to justify a structural intervention for overcoming alleged barriers. A parallel with Colombian Supreme Court adjudication practices will be drawn in accordance with the legal transplants theory to understand how Brazil would achieve its reach just importing a structural injunction model that even in Colombia did not work in prisons. Keywords: Unconstitutional State of Affairs. Structural Injunction. ADPF 347. Brazil’s Supreme Court. Colombia’s Supreme Court. Legal Transplants.

Monitoring of judicial practice in the field of prevention and settlement of conflicts of interest in the municipal service

Directory of Open Access Journals (Sweden)

Ekaterina S. Shugrina

2018-01-01

Full Text Available Subject. The article is devoted to enforcement the rules concerning conflicts of interest in the municipal service.The purpose of the article is to identify approaches to resolution of legal disputes concerning conflict of interest in the municipal service.Methodology. The authors use theoretical analysis as well as legal methods including formal legal analysis and the method of linguistic interpretation of judicial acts.Results, scope of application. The courts examine a different range of issues: the concept of conflict of interest, personal interest; features of admission to service; application of measures of responsibility; dismissal from service (termination of employment or service relations – during the legal consideration of cases related to the presence and absence of a conflict of interest.The courts apply similar approaches to the conflict of interest in the state and municipal services, despite the fact that state and municipal employees have significant differences in legal status and different legislative acts are applied to each type of service.The Constitutional Court of the Russian Federation has repeatedly resolved the disputes concerning the issues of conflict of interest.Courts of general jurisdiction resolve such cases mostly in the order of action proceedings. However, the courts are also ought to investigate issues related to the conflict of interest when considering disputes arising from public legal relations when challenging normative legal acts. The attempts of local authorities to change the wording, to go beyond the norms established in Federal legislation are the most common violation.Conclusions. Although the legal positions of the Supreme Court concerning conflict of interest are generally quite consistent, courts at other territorial levels may have different positions on such situations. Therefore, we should welcome the preparation by the Supreme Court of the Russian Federation of A review of court practice

Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization

Science.gov (United States)

2010-03-02

sparse use. The approval process is less familiar, multi-layered, sometimes cumbersome, and time consuming.131 Moreover, voluntary compliance, NSLs...nondisclosure requirement.153 Petitions, which survive a screening process designed to weed out frivolous challenges, may be granted only if the judge concludes...forms of material support are unconstitutionally vague.183 The Supreme Court has agreed to hear arguments which assert that they are incompatible with

Deceptive Advertising: Unprotected and Unknown.

Science.gov (United States)

Ducoffe, Robert Hal

The Supreme Court tentatively extended First Amendment protection to commercial speech, but left the issue of defining and regulating deceptive advertising to the Federal Trade Commission (FTC), which has employed tools such as the cease-and-desist order, affirmative disclosure, and corrective advertising. The FTC Act did not define deception, but…

"Hazelwood v. Kuhlmeier": Closing "Tinker's" Schoolhouse Gate.

Science.gov (United States)

Sneed, Maree; Knevila, Kelly

1988-01-01

The resolution of free speech issues in the public school context has, until recently, involved a precarious balancing between the First Amendment rights of students and teachers and the role of public schools in inculcating students with fundamental values. This year, in "Hazelwood School District v. Kuhlmeier," the Supreme Court struck…

Free Speech Yearbook 1979.

Science.gov (United States)

Kane, Peter E., Ed.

The seven articles in this collection deal with theoretical and practical freedom of speech issues. Topics covered are: the United States Supreme Court, motion picture censorship, and the color line; judicial decision making; the established scientific community's suppression of the ideas of Immanuel Velikovsky; the problems of avant-garde jazz,…

Sports Uniforms and Copyright: Implications for Applied Art Educators from the Star Athletica Decision

Directory of Open Access Journals (Sweden)

Sara R. Benson

2018-02-01

Full Text Available In the course of one decision, Star Athletica, the Supreme Court selected the appropriate test to delineate the line between copyrightable creative expression and non-copyrightable functional work, reversed a long-standing rule about the inability to copyright fashion, and changed the game for graphic and industrial designers wishing to protect the more pragmatic pieces of their art. This article proceeds with a brief history of the Star Athletica case, including the lower court judgments, a discussion of the Supreme Court holding in the case, the applicability of the Supreme Court holding to fashion, graphic design, and industrial design industries going forward, and concludes with some final thoughts about the implications of the outcome of the case.

Was R (Miller v Secretary of State for Exiting the European Union correctly decided?

Directory of Open Access Journals (Sweden)

Jacob M. Nolan

2017-09-01

Full Text Available Jacob M. Nolan gives a timely examination of the case of R (on the application of Miller and Dos Santos v Secretary of State for Exiting the European Union – arguably amongst the most important cases on constitutional law decided by the UK Supreme Court. In this landmark case the Supreme Court was required to rule on whether the UK Government (the executive could trigger Article 50 of the Treaty on European Union without the authorisation of an Act of Parliament, through the use of the Crown’s prerogative. On an 8 – 3 majority, with Lords Reed, Carnwath, and Hughes dissenting, the Supreme Court upheld the previous High Court ruling that an Act of Parliament was first required.

What Defines an International Criminal Court?

DEFF Research Database (Denmark)

Kjeldgaard-Pedersen, Astrid

2015-01-01

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

Educational Adequacy Litigation in the American South: 1973-2009

Science.gov (United States)

Dishman, Mike; Redish, Traci

2010-01-01

Prior to the United States Supreme Court's decision in "Brown v. Board of Education" (1954), educational finance litigation focused almost entirely on the equitable distribution of state educational financing, ending preferential disbursement of state funds. This ended in 1973, with the United States Supreme Court's decision in "San…

The Constitutional Court Adjudication and Its Implications for the Justice Seekers

OpenAIRE

Sutiyoso, Bambang

2008-01-01

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

The Principal and the Law. Elementary Principal Series No. 7.

Science.gov (United States)

Doverspike, David E.; Cone, W. Henry

Developments over the past 25 years in school-related legal issues in elementary schools have significantly changed the principal's role. In 1975, a decision of the U.S. Supreme Court established three due-process guidelines for short-term suspension. The decision requires student notification of charges, explanation of evidence, and an informal…

LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

African Journals Online (AJOL)

HP27975994114

United Kingdom (UK), the United States of America (USA), New Zealand ... in the enforcement of res judicata in South Africa as exposed in Samancor v Rham. Equipment (532/13) [2014] ..... 70 Cavanagh PJ “Issue estoppel whiplash: Supreme Court divided on fairness” (2012) 91 The Canadian Bar. Review 473 at 474-482; ...

Did "Endrew F." Change the "A" in FAPE? Questions and Implications for School Psychologists

Science.gov (United States)

O'Brien, Shawn K.

2018-01-01

This past March, the Supreme Court issued a decision, "Endrew F. v. Douglas County School District RE-1," that has the potential to change the definition of "appropriate" in what constitutes a free and appropriate education (FAPE), at least within some U.S. jurisdictions. This article briefly summarizes the ruling, with a focus…

Case Study: A Separation of Powers Lesson.

Science.gov (United States)

Jenkins, Steve

1986-01-01

Presents a case study involving students in the issue of separation of powers as applied to the 1952 Immigration and Nationality Act. Students examine the case of Jagdish Rai Chadha, an immigrant threatened with deportation whose problems resulted in 1983 U.S. Supreme Court decision declaring legislative veto provision of Immigration and…

Student First Amendment Rights: Wisconsin School Board Association.

Science.gov (United States)

Baldwin, Gordon B.

Issues in students' First Amendment rights are discussed in this paper, which is directed toward school board members. The "Tinker v. Des Moines Independent Schools" (1969) decision is discussed, in which the United States Supreme Court struck down the discipline imposed on students who wore black armbands during school hours to protest…

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

Science.gov (United States)

Greenlaw, Paul S.; Swanson, Austin D.

1994-01-01

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

Nuclear choice: are health and safety issues pre-empted

International Nuclear Information System (INIS)

Henderson, G.B. II.

1980-01-01

This article examines the scope of the NRC's regulatory jurisdiction under the Atomic Energy Act in order to determine its proper effect on state siting laws. At the outset, a brief history of federal regulation of commercial nuclear power plants is set forth, and the cases that have dealt with the pre-emption issue in this area are reviewed. Next, an examination of the doctrine of federal pre-emption is conducted, focussing on the legal principles as they have been developed by the Supreme Court. Since the application of the pre-emption doctrine turns largely on the intent of Congress, the Atomic Energy Act and other pertinent federal legislation are examined to discern how far Congress has sought to extend its power over regulation of nuclear power. Some policy questions are also explored to determine whether it is appropriate to imply an intent on the part of Congress to pre-empt the field. Finally, a conclusion having been reached, the practical problems of what types of evidence may be admitted into the state siting agency's hearing are discussed and some solutions offered

Teaching the Universal Declaration of Human Rights in a U.S. Government Course.

Science.gov (United States)

Rosen, Philip

1990-01-01

Discusses the United Nations Universal Declaration of Human Rights as a vehicle for learning democratic and humanistic values. Provides goals for instruction about the Declaration. Compares the Declaration to U.S. Supreme Court cases and congressional acts, and suggests classroom activities using it. Includes an appendix on Supreme Court cases and…

Implementing "Abbott v. Burke": A Guide to the 2006 K-12 Abbott Regulations

Science.gov (United States)

Education Law Center, 2005

2005-01-01

Except for school construction, there is no legislation to guide implementation of the programs and reforms ordered by the New Jersey Supreme Court in the landmark "Abbott v. Burke" case. Instead, in its 1998 "Abbott V decision," the Supreme Court directed the Commissioner of Education to provide standards and procedures to…

The constitutional court review of judicial decisions

Directory of Open Access Journals (Sweden)

Stojanović Dragan M.

2016-01-01

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

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

Science.gov (United States)

Chong, Heap Yih; Low, Thuan Siang

2014-01-01

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

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.

Religion and Politics: The Intentions of the Authors of the First Amendment.

Science.gov (United States)

Malbin, Michael J.

The author demonstrates why he thinks the Supreme Court has misinterpreted the First Amendment of the U.S. Constitution. The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." The author claims that the Supreme Court, based on flawed reading of the…

Judicial Review--How Judges Decide.

Science.gov (United States)

Update on Law-Related Education, 1990

1990-01-01

Presents a role play that involves students in applying the U.S. Constitution to a case in which a school is accused of violating civil rights. Gives the facts and the issues of the case, as well as precedents of Supreme Court decisions. Encourages the students to make decisions based on legal principles. (NL)

"Endrew F. v. Douglas County School District": Implications for Teams Serving Students with Autism Spectrum Disorder

Science.gov (United States)

McKenney, Elizabeth L. W.

2017-01-01

On March 22, 2017, the Supreme Court unanimously ruled that schools are obligated to provide more than de mimimus services for students with disabilities. The core issue in "Endrew F. v. Douglas County Schools" is how schools are to define the "A" in FAPE: What is an appropriate public education? Douglas County schools held…

India: Financing of Elementary Education in India in the 1990s. South Asia Education Sector Technical Working Paper.

Science.gov (United States)

Sipahimalani, Vandana

This paper studies the trends in the financing of elementary education in India over the past decade. In 1994 the Indian Supreme Court issued a directive to universalize free and compulsory elementary education, but that in a changing economic milieu where social service expenditures have often been reduced in other countries, it is important to…

Free Speech Yearbook 1980.

Science.gov (United States)

Kane, Peter E., Ed.

The 11 articles in this collection deal with theoretical and practical freedom of speech issues. The topics covered are (1) the United States Supreme Court and communication theory; (2) truth, knowledge, and a democratic respect for diversity; (3) denial of freedom of speech in Jock Yablonski's campaign for the presidency of the United Mine…

Large-sized soda ban as an alternative to soda tax.

Science.gov (United States)

Min, Hery Michelle

2013-01-01

This Note examines New York City's Sugary Drinks Portion Cap Rule (Soda Ban), which was originally set to become effective March 12, 2013. The New York County Supreme Court's decision in New York Statewide Coalition of Hispanic Chambers of Commerce v. New York City Department of Health and Mental Hygiene suspended the Soda Ban on March 11, 2013. The First Department of the Appellate Division of New York State Supreme Court affirmed the suspension on July 30, 2013. However, the complex economic policy and constitutional issues arising from the proposed Soda Ban deserve as much attention as the ultimate result of the legal challenge to the ban. Both courts struck down the Soda Ban on the grounds that it violated the separation of powers doctrine. The lower court further held that the Soda Ban was arbitrary and capricious. This Note does not focus solely on the holdings of the two courts, but takes a broader approach in analyzing the issues involved in the Soda Ban. By comparing and contrasting tobacco products with sugary beverages, this Note explains why the public seems to find the Soda Ban less appealing than tobacco regulations. Specifically, this Note addresses how the failed attempts of numerous states and cities to implement soda taxes demonstrate the complexity of policies geared toward curbing obesity; how fundamental values, such as health, fairness, efficiency, and autonomy factor into obesity policies; and the fact that legislatures and courts are struggling to determine the scope of public health law intervention. The Note explores how the Soda Ban, despite its judicial suspension, could represent a stepping-stone in combating the obesity epidemic.

Erotized, AIDS-HIV Information in Court: A Study in State Censorship, Cultural Resistance, and First Amendment Issues Affecting Information Delivery in Information Centers.

Science.gov (United States)

Lukenbill, W. Bernard

This study analyzes court records of a county-level trial in Austin, Texas, in which erotized AIDS-HIV safer-sex information shown on a public access cable television program was claimed by the State of Texas to be obscene. This trial raised questions regarding such issues as: free access to information, especially through new technological…

Equal Protection Under the Law: Do Female Justices have a Different Voice?

Directory of Open Access Journals (Sweden)

Katherine Jorgensen

2012-01-01

Full Text Available As women take on a continuously larger role in the legal field, it has become tremendously important to study and understand the impact women are having on the judicial system. This work explores the role of women in the judiciary. Specifically, I examine the Supreme Court of the United States to find out whether women’s jurisprudence differs from that of their male colleagues. For this paper, I limit my examination to cases involving equal protection under the law. The theory I employ is that of Carol Gilligan, who argues that across many realms, women have a uniquely different voice than men (1982. Through a quantitative analysis of 49 cases dealing with issues of equal protection under the law, I show that Gilligan’s theory helps us understand how cases are decided in the United States Supreme Court. Additionally, I show how the “Different Voice” model improves upon existing models of judicial decision making by Lee Epstein, Jeffrey Segal, and Harold Spaeth. This paper expands current gender and politics literature, which had previously used Gilligan’s insights to examine U.S. state legislatures, by analyzing decision making in the Supreme Court. This paper thus illustrates that women, due to their unique life experiences, have a different understanding of the law in regards to equality and equal protection under the law.

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

Science.gov (United States)

Macdonald, Gillian S

2016-06-01

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

"Gideon v. Wainwright" at Fifty: Lessons for Democracy and Civics

Science.gov (United States)

Scruggs, Kevin

2013-01-01

March 18, 2013, marked the 50th anniversary of the Supreme Court's unanimous 1963 decision in "Gideon v. Wainwright." "Gideon," a petty criminal, accused of suspicion of breaking and entry was the seminal Supreme Court case that ruled that defendants in criminal cases have the right to an attorney even if they cannot afford to…

"Act in Good Faith."

Science.gov (United States)

McKay, Robert B.

1979-01-01

It is argued that the Supreme Court's Bakke decision overturning the University of California's minority admissions program is good for those who favor affirmative action programs in higher education. The Supreme Court gives wide latitude for devising programs that take race and ethnic background into account if colleges are acting in good faith.…

Diversity, Leadership, and the Community College: A Case Study

Science.gov (United States)

Sullivan, Patrick

2006-01-01

In Grutter v. Bollinger (2003), the U.S. Supreme Court emphatically affirmed the value of diversity, and argued that the state has a compelling interest to promote diversity on college campuses. The nature of the Supreme Court's argument in the majority decision clearly acknowledged that there remains important work still left to do. The court…

Historic Reversals, Accelerating Resegregation, and the Need for New Integration Strategies

Science.gov (United States)

Orfield, Gary; Lee, Chungmei

2007-01-01

American schools, resegregating gradually for almost two decades, are now experiencing accelerating isolation and this will doubtless be intensified by the recent decision of the U.S. Supreme Court. In June 2007, the Supreme Court handed down its first major decision on school desegregation in 12 years in the Louisville and Seattle cases. A…

76 FR 33974 - Changes to the Schedule of Operations Regulations

Science.gov (United States)

2011-06-10

... cited approvingly to an older Supreme Court decision, Steiner v. Mitchell, 350 U.S. 247 (1956), in which... clothes in Steiner clearly qualify as non-unique gear. On the other hand, a comment submitted by an... example, in Steiner, the Supreme Court considered whether changing into and out of old work clothes at a...

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...

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

Directory of Open Access Journals (Sweden)

Wayne Stewart Martin

2014-12-01

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

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

2017-01-01

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/m2 (0.4293 µW/cm2). 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/m2, respectively). The town squares displayed highest total mean levels, with the example of Järntorget square with 24,277 µW/m2 (min 257, max 173,302 µW/m2). These results were in large contrast to areas with lowest total exposure, such as the Supreme Court, with a mean level of 404 µW/m2 (min 20.4, max 4,088 µW/m2). 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/m2 (min 0.3, max 50,967 µW/m2). The BioInitiative 2012 Report defined the scientific benchmark for possible health risks as 30–60 µW/m2. 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/m2. Our results were below the reference level on 10,000,000 µW/m2 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 temperature

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

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

Directory of Open Access Journals (Sweden)

Radivojević Zoran

2014-01-01

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

Free Speech Yearbook 1982. Volume 21.

Science.gov (United States)

Ewbank, Henry L., Ed.

The six articles in this collection deal with theoretical and practical freedom of speech issues. Topics covered are (1) freedom of expression and the Mormons for the Equal Rights Amendment (R. J. Jensen); (2) the U.S. Supreme Court and the First Amendment (W. A. Linsley); (3) antipornography campaigns (R. McGaffey); (4) the human rights advocacy…

From the School Newsroom to the Courtroom. Lessons on the Hazelwood Case and Free Expression Policy Making in the Public Schools.

Science.gov (United States)

Rosenblum, Warren; And Others

The purpose of this lesson packet is to raise issues about student rights of free expression in public schools. Included are preparatory reading material and two classroom simulation activities. The lessons are based on the U.S. Supreme Court case of Hazelwood v. Kuhlmeier, in which a Missouri high school principal and school district were sued by…

The Black Press and the Bakke Case: An Analysis of Coverage.

Science.gov (United States)

Poindexter, Paula M.; Stroman, Carolyn A.

The content of four black newspapers was analyzed to determine how they covered the "Regents of the University of California v. Bakke" case, in which the Supreme Court ruled against rigid race quota programs such as the one that had prevented Allan Bakke, a white man, from being admitted to medical school. Each issue of the four…

The admissibility of offender profiling in courtroom: a review of legal issues and court opinions.

Science.gov (United States)

Bosco, Dario; Zappalà, Angelo; Santtila, Pekka

2010-01-01

What is the future of Offender Profiling? Is it an important field of forensic science or is it only a glamorous art? After the trilogy "Daubert-Joiner-Kumho" and after the last version, in 2009, of the Federal Rules of Evidence (F.R.E.), the opinion of American Courts concerning the admissibility of scientific evidence has changed, and the questions above can now have new answers. The change is closely tied to the perceived difference between hard and soft sciences and, in this way, the new gatekeeping role of the Courts also concerns whether offender profiling can be regarded as scientific evidence and if offender profiling should be admitted in the Courtroom as scientific evidence. In this work we present a comprehensive review concerning the most important Court opinions in U.S.A, U.K., Canada and Australia, about reliability and admissibility of offender profiling, in its different forensic application, as scientific evidence, and we suggest how and when an expert witness in the field of offender profiling can, in the light of these opinions, be admitted in Court.

Catholics vs. Protestants - Birth and Tax

DEFF Research Database (Denmark)

Gøtze, Michael

2008-01-01

Danish Supreme Court Decision, Protestant State Church, Religious Minority, Birth Registration, Family Law, Taxation System, Discrimination, European Human Rights Law, Constitutional Law, Law and Religion Udgivelsesdato: 28. July......Danish Supreme Court Decision, Protestant State Church, Religious Minority, Birth Registration, Family Law, Taxation System, Discrimination, European Human Rights Law, Constitutional Law, Law and Religion Udgivelsesdato: 28. July...

Narkotikapolitisk orientering

DEFF Research Database (Denmark)

Møller, Kim; Dahl, Helle Vibeke

2005-01-01

Nederlag for medicinsk marijuana ved Supreme Court.Skadesreduktionsstrategi for methamfetamin er en god forretning.Virkning af obligatoriske urinprøver i engelske og walisiske fængsler. Udgivelsesdato: December......Nederlag for medicinsk marijuana ved Supreme Court.Skadesreduktionsstrategi for methamfetamin er en god forretning.Virkning af obligatoriske urinprøver i engelske og walisiske fængsler. Udgivelsesdato: December...

Pledge Stays Intact as Justices Dismiss Atheist's Challenge

Science.gov (United States)

Hendrie, Caroline

2004-01-01

This article reports on the fiery California atheist who lost his bid at the U.S. Supreme Court to get "under God" stricken from the Pledge of Allegiance. Dr. Michael A. Newdow, an emergency-room physician with a law degree who represented himself before the Supreme Court in the high-profile case against the Elk Grove, California, school…

Low-Level Waste Forum notes and summary reports for 1994. Volume 9, Number 3, May-June 1994

International Nuclear Information System (INIS)

1994-06-01

This issue includes the following articles: Vermont ratifies Texas compact; Pennsylvania study on rates of decay for classes of low-level radioactive waste; South Carolina legislature adjourns without extending access to Barnwell for out-of-region generators; Southeast Compact Commission authorizes payments for facility development, also votes on petitions, access contracts; storage of low-level radioactive waste at Rancho Seco removed from consideration; plutonium estimates for Ward Valley, California; judgment issued in Ward Valley lawsuits; Central Midwest Commission questions court's jurisdiction over surcharge rebates litigation; Supreme Court decides commerce clause case involving solid waste; parties voluntarily dismiss Envirocare case; appellate court affirms dismissal of suit against Central Commission; LLW Forum mixed waste working group meets; US EPA Office of Radiation and Indoor Air rulemakings; EPA issues draft radiation site cleanup regulation; EPA extends mixed waste enforcement moratorium; and NRC denies petition to amend low-level radioactive waste classification regulations

Death without dignity for commercial surrogacy: the case of Baby M.

Science.gov (United States)

Annas, G J

1988-01-01

The New Jersey Supreme Court's In re Baby M ruling is applauded for remedying the flawed opinion of the lower court by invalidating surrogate contracts, applying existing law to determine custody, and restoring the natural mother's parental rights. Portions of the decision highlighted are the court's rejection of the label "surrogate mother" and the claim that surrogacy promotes family building. The author analyzes the surrogacy contract's violation of existing adoption laws, the constitutional issues raised by the contract, the court's controversial ruling on custody, and responses to the opinion by commercial baby brokers. He concludes that legislation must be enacted now to prevent "full surrogacy," in which in vitro fertilization and embryo transfer render the gestational mother an incubator with no rights or interests in the child.

Standing on shaky ground- US patent-eligibility of isolated DNA and genetic diagnostics after AMP v. USPTO - Part III (unsolved questions & subsequent case law)

DEFF Research Database (Denmark)

Minssen, Timo; Nilsson, David

2012-01-01

invigorated U.S. debate on patent eligibility, referring inter alia to the 2010 U.S. Supreme Court decision in Bilski v. Kappos and the pending certiorari in Prometheus v. Mayo (1). Before this background, Part I recited the complex procedural history of AMP v. USPTO (2) and summarized the underpinnings...... of the outcome, i.e. the three different opinions of the Federal Circuit judges Lourie, Moore & Bryson who comprised the panel (3). Part II continued the tale with a detailed analysis of the decision's practical implications (4), which is followed by a closer look on the chances for an ultimate Supreme Court...... decision in Prometheus v. Mayo. Part IV, which is to be published in issue 4, will finally offer a broader discussion of the recent US patent-eligibility developments from an innovation policy perspective including brief references to recent European developments (7). This will provide the basis...

Honig v. Doe: the suspension and expulsion of handicapped students.

Science.gov (United States)

Yell, M L

1989-09-01

Public Law 94-142 provides for a free appropriate public education for all handicapped children, but does not address the issue of disciplining handicapped students. The result has been confusion and uncertainty, particularly concerning expulsion and suspension. The courts have been forced into this vacuum, acting as arbiters. The Supreme Court's ruling in Honig v. Doe will help to delineate the proper role of educators in the suspension and expulsion of handicapped students. This article examines that role and offers recommendations for school policies regarding the discipline of handicapped students.

Recent developments in employee benefits law.

Science.gov (United States)

Rose, Jonathan G; Adler, Adam

2005-01-01

The first part of this article highlights important judicial developments involving employee benefits and the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended, during the latter part of 2003 and the first part of 2004, including the most significant U.S. Supreme Court and federal circuit court decisions. The second part covers recent legislative and regulatory developments in employee benefits law. This article is not meant to be exhaustive, but discusses the more important developments during 2003-2004, with particular focus on issues of concern to the insurance industry.

Religion and Gay Marriage: The Use of Religion in the Debate Concerning Same-Sex Marriage in the U.S.

OpenAIRE

Røkke, Frida

2016-01-01

Since the 1970s the issue of same-sex marriage has been publicly debated in the United States. This debate has lasted for several decades and gone through court cases and ballot measures to find a solution to the question. As several states legalized same-sex marriage the situation became tense and the demand to find a solution grew. In the summer of 2015, the United States Supreme Court handled the question of federal legalization of same-sex marriage and ruled in favor of it. As the propone...

Settlement of Tax Disputes in the Russian Federation and Germany

Directory of Open Access Journals (Sweden)

Anastasiya Alexandrovna Konyukhova

2015-01-01

Full Text Available This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority that issued the tax act, though in some cases to a higher tax authority. This obligatory procedure was borrowed by the Russian tax system. The trial stage of tax dispute settlement in Germany is carried out by specialized courts, forming a two-level system for legal proceedings. Thus, the tax dispute submitted to the Court is settled first by the financial lands courts and then by the higher Federal Financial Court. However, the Federal Financial Court takes into consideration only certain categories of actions listed in the Act (the Regulations of finance courts (Finanzgerichtordnung. In Russia appeals of administrative review of tax conflicts, unlike in the German system, are handled by arbitration and general jurisdiction courts. The Supreme Arbitration Court of the Russian Federation is the supreme judicial body for settling economic disputes and other cases considered by arbitration courts in implementing federal procedural judicial supervision over their activities and provides explanations regarding judicial practices. Arbitration courts established at the level of the Federation to resolve disputes involving commercial entities, e.g. enterprises and entrepreneurs, resolve the bulk of tax disputes. These courts are composed of specially created panels of judges known as bars, i.e. groups of judges who specialize in reviewing taxation cases.

Is piercing the veil contrary to high authority? A footnote to the "never-ending story"

OpenAIRE

Breakey, Peter

2013-01-01

Reviews the Supreme Court ruling in VTB Capital Plc v Nutritek International Corp, and reflects on Lord Neuberger's argument that piercing the corporate veil is "contrary to high authority". Examines the background to the decision, details the court's treatment of the earlier House of Lords ruling in Woolfson v Strathclyde RC, and analyses the ratio of Woolfson and that of the House of Lords judgment in Salomon v Salomon. Considers the opportunity for the Supreme Court to provide further clar...

Court orders on procreation.

Science.gov (United States)

Matevosyan, Naira R

2016-01-01

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

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

Directory of Open Access Journals (Sweden)

Đajić Sanja

2014-01-01

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

Panel: challenging criminal charges for HIV transmission and exposure.

Science.gov (United States)

Edwardh, Marlys; Adam, Barry; Joncas, Lucie; Clayton, Michaela

2009-12-01

Justice Edwin Cameron, of the Constitutional Court of South Africa, served as moderator. He said that this topic was particularly relevant for "an African/Canadian setting" because African countries may use Canadian developments as justification for their efforts to address HIV transmission and exposure through criminal law. Justice Cameron said that Canada is internationally perceived as a human rights-respecting state and, thus, sets an example, particularly for African nations, on how to comply with human rights issues. He added that in this particular case, however, Canada was sending the wrong message. This article contains summaries of the four presentations made during this panel. Marlys Edwardh reviews how the Supreme Court of Canada in Cuerrier interpreted the concepts of "endangering life" and "fraud". Barry Adam discusses the notion of a "duty to disclose" and how this affects HIV prevention. Lucie Joncas examines how the Supreme Court defined "fraud" in Cuerrier and describes a case before the Quebec Court of Appeal which may turn on whether the use of a condom or having a low viral load is considered not to constitute a significant risk of transmission. Finally, Michaela Clayton describes the trend in Southern African countries to adopt laws criminalizing HIV transmission or exposure, and explains that criminalization endangers women's health and lives.

Cooperación interjurisdiccional en el MERCOSUR: La primera solicitud de opinión consultiva de la Corte Suprema de Justicia de la Nación argentina al Tribunal Permanente de Revisión del MERCOSUR: el caso Sancor

Directory of Open Access Journals (Sweden)

Luciano Donadio

2010-01-01

Full Text Available This article discusses the request for an advisory opinion originated in Case "Sancor c/ Dirección General de Aduanas". This case emerged from the resolution of the Argentine Ministry of Economy which set export duties of 5% to certain milk products, without discriminating the destination of them, i.e. including members and as well as non-members of the Southern Common Market (MERCOSUR. In this way, and after a long judicial process, in October 2009 Argentina’s Supreme Court of Justice (CSJN requested an advisory opinion to the Permanent Review Court of the MERCOSUR, asking the question "Does the Treaty of Asunción require Member States of MERCOSUR the obligation not to impose duties on exports of goods which are originated in one of them and which have another Member State as its final destination?" This article describes the historical circumstances surrounding the Argentine governmental measure, and then analyzes three specific issues related to the request of the advisory opinion by the Supreme Court: 1 the place of international law in the Argentine legal system, 2 the procedural legitimacy of the decision of the Court, and 3 some substantial topics involved in the requested advisory opinion.

Judicial understanding of the reliability of eyewitness evidence: a ...

African Journals Online (AJOL)

In S v Henderson 27 A 3d 872 (NJ 2011) the New Jersey Supreme Court was the first in State and Federal jurisdictions in the US that adopted a science-based approach to the evaluation of eyewitness evidence. The other case under discussion is S v Mdlongwa 2010 2 SACR 419 (SCA), a South African Supreme Court of ...

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.

Mental health court outcomes: a comparison of re-arrest and re-arrest severity between mental health court and traditional court participants.

Science.gov (United States)

Moore, Marlee E; Hiday, Virginia Aldigé

2006-12-01

Mental health courts have been proliferating across the country since their establishment in the late 1990's. Although numerous advocates have proclaimed their merit, only few empirical studies have evaluated their outcomes. This paper evaluates the effect of one mental health court on criminal justice outcomes by examining arrests and offense severity from one year before to one year after entry into the court, and by comparing mental health court participants to comparable traditional criminal court defendants on these measures. Multivariate models support the prediction that mental health courts reduce the number of new arrests and the severity of such re-arrests among mentally ill offenders. Similar analysis of mental health court completers and non-completers supports the prediction that a "full dose" of mental health treatment and court monitoring produce even fewer re-arrests.

Chemical Bank v. WPPSS: a case of judicial meltdown

International Nuclear Information System (INIS)

Tamietti, R.L.

1984-01-01

The Washington Supreme Court excused Washington cities and public utility districts from their contractual obligation to repay a portion of $2.25 billion in revenue bonds issued to build two cancelled nuclear power plants on the ground that they were take or pay contracts. Because of this ruling, the Washington Public Power Supply System (WPPSS) defaulted on repayment of the bonds in the largest single incident of municipal default in US history. The voided contracts, however, are virtually identical to those used by other large-scale energy projects, raising questions about the financial security of revenue bonds in general. The author outlines the WPPSS history and analyzes the court decision. He criticizes the court's method, and suggests that it deliberately obfuscated the equity and public policy issues upon which the case should have been decided. 153 references

Child Pornography. An Exploratory Study

Science.gov (United States)

1990-01-01

The Sexual Exploitation of Children. New York: St Martins Press, 1986. Fields, Howa’-4 "Supreme Court, 6-3, Sans Possossiron of Child Porn ...Court, 6-3, Bans Possession of Child Porn ," Publishers Weekly 237, no.18 (May 4, 1990) 10. 27 See: O’Brien, 65-78; Seth L. Goldstein, "Investigating...15, (1973). 3 New York v. Ferber, 458 U.S. 757, (1982). 4 Howard Fields, "Supreme Court, 6-3, Bans Possession of Child Porn ,’" Publishers Weekly 237

MhicMathúna v Ireland

OpenAIRE

Thornton, Liam

2016-01-01

This is a feminist re-imagining of the Supreme Court decision MhicMathúna v Ireland [1995] 1 I.R. 454. The actual Supreme Court decision in this case continues to have a profound impact upon how the Irish superior courts view constitutional socio-economic rights claims. This feminist judgment seeks to re-situate the legal analysis of constitutionalised socio-economic rights claims. However, this, as is seen from the feminist judgment, has not been an easy task. The plaintiffs' in this case at...

Case law and administrative decisions

International Nuclear Information System (INIS)

2003-01-01

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

Bragg v. W-Va. Coal Ass'n and the unfortunate limitation of citizen suits against the state in cooperative federalism regimes

Energy Technology Data Exchange (ETDEWEB)

Hasselman, M. [University of California at Berkeley, Berkeley, CA (USA). School of Law

2002-07-01

In Bragg v. West Virginia Coal Association, the Fourth Circuit held that the Eleventh Amendment to the U.S. Constitution bars a private citizen from suing in federal court to enjoin a state regulator from issuing surface mining permits in violation of state-administered regulations approved under the federal Surface Mining Control and Reclamation Act (SMCRA). The decision, which relegates challenges to state regulators by both environmentalists and industry to state courts, represents an instance of woefully bad statutory construction and misapplication of Supreme Court precedent. If its reasoning is widely adopted or extended to other environmental statutes, it could cripple citizens' ability to hold state regulators accountable for their environmental regulatory obligations.

The Legislative Process as a Safeguard of the Public Servant´S Right to Go on Strike

Directory of Open Access Journals (Sweden)

Edilene Lôbo

2016-10-01

Full Text Available The right to go on strike can only be realized after a specific national bill – such law has been denied for decades. Acknowledged the omission it should be remedied. The Supreme Court, nonetheless, declared the legislative gap but created, by analogy, rules and procedural issues, bestowing upon the remaining courts discretion to establish a stricter regime and erga omnes effect replacing the legislator. This work criticizes the right´s regulation through judicial rulings removed from the legislative process. The methodology utilized, supported by Estate´s  functions  separation  and  democratic  process  theories,  consisted  in  exam  of legislation, court rulings AND specialized literature.

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

International Nuclear Information System (INIS)

Yellin, J.

1981-01-01

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

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.

European Court of Human Rights : Milisavljević v. Serbia

OpenAIRE

Voorhoof, Dirk

2017-01-01

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

Finding the loopholes: a cross-sectional qualitative study of systemic barriers to treatment access for women drug court participants.

Science.gov (United States)

Morse, Diane S; Silverstein, Jennifer; Thomas, Katherine; Bedel, Precious; Cerulli, Catherine

2015-12-01

Therapeutic diversion courts seek to address justice-involved participants' underlying problems leading to their legal system involvement, including substance use disorder, psychiatric illness, and intimate partner violence. The courts have not addressed systemic hurdles, which can contribute to a cycle of substance use disorder and recidivism, which in turn hinder health and wellness. The study purpose is to explore the systemic issues faced by women participants in drug treatment court from multiple perspectives to understand how these issues may relate to health and wellness in their lives. Qualitative thematic framework analysis of five separate focus groups consisting of female drug treatment court participants, community providers, and court staff ( n = 25). Themes were mapped across the socio-ecological framework and contextualized according to social determinants of health. Numerous systemic factors impacted women's access to treatment. Laws and legal policies (governance) excluded those who could potentially have benefitted from therapeutic court and did not allow consideration of parenting issues. Macroeconomic policies limit housing options for those with convictions. Social policies limited transportation, education, and employment options. Public policies limited healthcare and social protection and ability to access available resources. Culture and societal values, including stigma, limited treatment options. By understanding the social determinant of health for women in drug treatment court and stakeholder's perceptions, the legal system can implement public policy to better address the health needs of women drug court participants.

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

Directory of Open Access Journals (Sweden)

Romana Reva

2016-04-01

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

Challenges When Using Jurimetrics in Brazil—A Survey of Courts

Directory of Open Access Journals (Sweden)

Bruna Armonas Colombo

2017-10-01

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

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

Directory of Open Access Journals (Sweden)

Bosilja Britvić Vetma

2014-01-01

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

[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.

Legislative, executive branch, regulatory and judicial developments in the USA affecting trade in uranium

International Nuclear Information System (INIS)

Glasgow, J.A.

1989-01-01

International commerce in uranium continues to be dominated by a complex network of trade barriers and nuclear non-proliferation controls. Nowhere are these barriers and controls more complex than in the United States, or more subject to frequent change. Many in the uranium and utility industries had hoped that the major uranium trade related uncertainties in the United States would be resolved during the summer of 1988. As of mid July 1988, this hope had faded as a much-heralded legislative compromise crumbled and the US Supreme Court's long awaited decision in the Western Nuclear case resolved some issues but opened new avenues of judicial inquiry. This paper distills the main unresolved trade issues and assesses the major ways in which they could be resolved. Pending legislation is reviewed at the outset, followed by a discussion of implications of the USA-Canada Free Trade Agreement and its implementing legislation. The uncertainties remaining after the Supreme Court's decision in the Western Nuclear case are next evaluated. Finally, this paper surveys pending proposals for US governmental controls over some types of national origin and obligation transfers, sometimes referred to as 'flag swaps'. (author)

Wind-induced Vibrations in the European Court Towers

DEFF Research Database (Denmark)

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

2012-01-01

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

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

Science.gov (United States)

McQuoid-Mason, David J

2017-04-25

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

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

Science.gov (United States)

King, Michael S

2008-12-01

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

KEWENANGAN HAK UJI MATERIL PADA MAHKAMAH AGUNG RI

Directory of Open Access Journals (Sweden)

Enrico Simanjuntak

2013-11-01

Full Text Available Berdasarkan ketentuan pasal 24A (1 UUD 1945, Mahkamah Agung berwenang menguji peraturan perundang-undangan di bawah undang-undang. Hal ini berarti pihak pencari keadilan dapat mengajukan permohonan hak uji materil di bawah undang-undang kepada MA dengan alasan antara lain ketentuan yang dimohonkan uji materi tersebut bertentangan dengan hirarki peraturan yang lebih tinggi dalam sistem hukum nasional. Dalam pengujian ini, Mahkamah Agung memiliki kesempatan untuk menilai legitimasi (keabsahan dan menentukan apakah peraturan yang diuji telah melampui kewenangan atau tidak sesuai dengan kewenangan. Mahkamah Agung berwenang untuk membatalkan peraturan yang bertentangan dengan hirarki peraturan yang lebih tinggi. Tulisan ini menganalisis kewenangan Mahkamah Agung dalam pengujian peraturan perundang-undangan di bawah undang-undang, dengan melacak sejarah pengujian hak uji materi sebelum diberlakukan PERMA No. 1/1993 sampaidengan diberlakukannya Perma No. 1/2011, termasuk mempelajari beberapa aspek hukum acara dalam Perma tersebut.   Under art 24A(1 of the Constitution, the Supreme Court is granted the power to review legal instruments below laws (undang-undang. This means that an applicant could seek judicial review of regulations other than Acts of Parliament (Undang-Undang with a request to strike it out because, for example, it contravenes national laws. This would provide the courts with an opportunity to review the legitimacy of the regulation and determine whether it is ultra vires, or beyond power. The Supreme Court has the power to cancel a regulation if it is found to be in conflict with a higher law. This article analyses the judicial review in the Supreme Court. It begins by highlighting the origins and formation of judicial review before the regulation promulgation of the Supreme Court (PERMA No. 1/1993, and then examines several aspects of procedural law in the current Supreme Court Regulation in No. 1/2011.

Grounds for the Specialization of Courts and Judges in Russia

Directory of Open Access Journals (Sweden)

Lydia Terekhova

2014-01-01

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

Hall v. Florida: defining intellectual disability in the shadow of the death penalty.

Science.gov (United States)

Appelbaum, Paul S

2014-10-01

When the U.S. Supreme Court held that persons with mental retardation (now called intellectual disability) could not be sentenced to death, it left the question of how to define the condition to the states. That issue was raised in Hall v. Florida, which challenged one state's "bright-line rule" barring consideration of defendants with IQs over 70. In an endorsement of the professional consensus, the justices ruled that a more flexible approach that takes into account both intellectual and adaptive functioning is required. The Court's posture may bode well for its acceptance of mental health expertise in future cases.

Beyond Lawrence v. Texas: crafting a fundamental right to sexual privacy.

Science.gov (United States)

Fasullo, Kristin

2009-05-01

After the watershed 2003 U.S. Supreme Court decision Lawrence v.Texas, courts are faced with the daunting task of navigating the bounds of sexual privacy in light of Lawrence's sweeping language and unconventional structure. This Note focuses on the specific issue of state governments regulating sexual device distribution. Evaluating the substantive due process rights of sexual device retailers and users, this Note ultimately argues that the privacy interest identified in Lawrence is sufficiently broad to protect intimate decisions to engage in adult consensual sexual behavior, including the liberty to sell, purchase, and use a sexual device.

The Femicide and the Challenges to the Effectiveness of the Law Maria da Penha: Judicial Discretion and Legal Culture of Judges in the Treatment of Domestic and Family Violence against Women

Directory of Open Access Journals (Sweden)

Lilah de Morais Barrêto

2016-12-01

Full Text Available This article discusses the problem of femicide, emphasizing its bond with the cycle of domestic violence against women. The denial and underuse of the institutes stated in the Law Maria da Penha is the consequence of a traditional legal culture that deals this problem as a private issue and faces this kind of violence with a consensual paradigm of justice. In this essay, we will analyze the judgments by the Brazilian Supreme Court in ADC nº 19/DF and ADI nº 4424/DF, and the resistances of courts in following this settled jurisprudence.

The participation of juvenile defendants in the youth court. A comparative study of juvenile justice procedures in Europe

NARCIS (Netherlands)

Rap, S.E.

2013-01-01

This study revolves around the issue of the participation of juvenile defendants in the youth court. The European Court of Human Rights has put forward the notion that defendants should be able to participate effectively in a court hearing. Moreover, in international children’s rights law it is

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.

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.

Overcoming Obstacles to Peace: Local Factors in Nation-Building

Science.gov (United States)

2013-01-01

Cambodia Abbreviations xliii SRSG Special Representative of the Secretary-General TSE Tribunal Supremo Electoral (Supreme Electoral Court) UDT União...Building expansionism (see Figure 3.1).10 Early Khmer empires ruled over what are today large portions of Thailand, Vietnam, and Laos . But, over the...electoral code enacted in 1993 and the creation of a Supreme Electoral Court (Tribunal Supremo Electoral, or TSE ). Substantial irregularities were

The 'Eco Swiss’ Doctrine Con-firmed in Principle in Danish Law

DEFF Research Database (Denmark)

Bergqvist, Christian; Christensen, Laurits Peder Schmidt

2016-01-01

In a January 2016 ruling the Danish Supreme Court rejected the argument that a 2011 arbitration award infringed competition law and therefore should be set aside but confirmed in principle the ability to require this.......In a January 2016 ruling the Danish Supreme Court rejected the argument that a 2011 arbitration award infringed competition law and therefore should be set aside but confirmed in principle the ability to require this....

Public Participation: What has the Constitutional Court given the ...

African Journals Online (AJOL)

Public Participation: What has the Constitutional Court given the public? ... Linda Nyati explores the duty to facilitate public participation in legislative processes in terms of ... This issue, the article demonstrates, is highly pertinent to citizens in ...

Re-Examining first principles of regulation: NRG power marketing, LLC v. Maine public utilities Commission

Energy Technology Data Exchange (ETDEWEB)

Haskell, Mark R.

2010-03-15

Maine PUC and Morgan Stanley have resolved some of the key issues facing the energy industry. The Supreme Court has plainly and directly in both cases reaffirmed the central role that private contracts play in the energy industry and set terms to balance the need to secure long-term investment with the public interest that lies at the heart of the Federal Power Act. (author)

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...

Reconciling industry operation requirements and public participation

International Nuclear Information System (INIS)

Wildgruber, O.H.

1993-01-01

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

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

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

Directory of Open Access Journals (Sweden)

David J McQuoid-Mason

2017-05-01

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

The Courts, Social Science, and School Desegregation.

Science.gov (United States)

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

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

Groundwater Challenges of the Lower Rio Grande: A Case Study of Legal Issues in Texas and New Mexico

Directory of Open Access Journals (Sweden)

Elizabeth Wheat

2015-03-01

Full Text Available In 1938, Texas, New Mexico, and Colorado signed the Rio Grande Compact, establishing terms of apportionment for some of the water from the Rio Grande for the three states. Following congressional approval in 1939, this compact governs water allocation in a region with a variable climate and frequent drought conditions and established the Rio Grande Compact Commission, comprised of a commissioner from each state and one from the federal government, to enforce the compact. With an increasing population and declining surface water supply, the Compact has been tested among the parties and within the states themselves. In a case currently before the U.S. Supreme Court, Texas v. New Mexico and Colorado (2013, Texas claims New Mexico is violating the Compact and Rio Grande Project Act by using water in excess of its apportionment through its allowance of diversions of surface and groundwater. The issue is further compounded by disputes within Texas over separate legal regimes for groundwater and surface water. Combined with growing scarcity issues, the allocation of water in the Lower Rio Grande presents a timely natural resource challenge. This review explores legal issues involved in the case as well as growing challenges of population growth, agricultural development needs, and water shortages.

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

Directory of Open Access Journals (Sweden)

Luisa Moraes Abreu Ferreira

2011-06-01

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

Law and Intergenerational Relationships.

Science.gov (United States)

Doron, Israel; Lowenstein, Ariela; Biggs, Simon

2017-03-01

In any aging society, the sociolegal construction of intergenerational relationships is of great importance. This study conducts an international comparison of a specific judicial issue: whether active labor unions have the legal right to strike for the purpose of improving the benefits given to nonactive workers (specifically, pensioners). A comparative case law methodology was used. The texts of three different Supreme Court cases-in the United States, Canada, and Israel-were analyzed and compared. Despite the different legal outcomes, all three court rulings reflect a disregard of known and relevant social gerontology theories of intergenerational relationships. Social gerontological theories can play an important role in both understanding and shaping judicial policies and assisting the courts in choosing their sociojudicial narratives.

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

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JM Pienaar

2011-06-01

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

Contentious Issues Arising from Payments made in Full and Final Settlement

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R Ismail

2008-12-01

Full Text Available Payments made in full and final settlement have on several occasions presented interpretative difficulties for our judiciary, as will become apparent from this case discussion: Be Bop A Lula Manufacturing & Printing v Kingtex Marketing 2008 3 SA 327 (SCA. The Supreme Court of Appeal reversed the judgments of the trial court and the appeal court (full bench of the Cape Provincial Division which were in favour of the creditor. In such cases, the essential enquiry is whether an agreement of compromise exists. A transactio or compromise (in the form of a legal agreement exists where the relevant parties agree to settle previously disputed or uncertain obligations. Like any other agreement, a compromise is based on the contractual rules of offer and acceptance. The first material enquiry in this case wherein the debtor delivered the cheque payment to the creditor (in full and final settlement of the account, is whether 1 an intended offer of compromise exists; or 2 did the debtor merely intend to make payment towards an admitted liability. The court in the Be Bop (SCA case came to the correct finding that an offer of compromise existed. Whilst the judgment is brief, the finding itself gives practical recognition to the principle that admission of liability for a specific amount, accompanied by payment (in full and final settlement, may still be accompanied by an intended offer of compromise, instead of merely making payment towards an admission of liability.

O pedido de cooperação do Tribunal Penal Internacional ao Brasil na captura do presidente do Sudão (The request for cooperation on the capture of the president of Sudan submitted to Brazil by the International Criminal Court

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João Irineu de Resende Miranda

2011-01-01

Full Text Available Resumo: Este artigo tem como tema a relação de cooperação entre o Tribunal Penal Internacional e o Brasil. Partindo das questões levantadas pelo despacho referente à Petição 4625-1, redigido pelo presidente do Supremo Tribunal Federal, seu objetivo é saber se as dificuldades em harmonizar certas disposições do Estatuto do Tribunal Penal Internacional com a Constituição brasileira podem impedir o Brasil de cooperar com o Tribunal Penal Internacional no tocante à detenção e posterior entrega do presidente do Sudão, Omar al-Bashir. Analisando o fundamento jurídico do pedido de cooperação e os pontos de conflito apontados pela doutrina, conclui-se que não há obstáculo para o atendimento do pedido de cooperação, sendo este, pelo contrário, uma obrigação jurídica do Estado brasileiro.Abstract: This work discusses the cooperation relationship between the International Criminal Court and Brazil. From the issues raised by the order on the Petition 4625-1, as written by the President of the Supreme Court, its goal is to establish whether or not the difficulties in harmonizing certain provisions of the Statute of the International Criminal Court with the Brazilian Constitution may prevent the latter to cooperate with the International Criminal Court in relation to the arrest and surrender of the President of Sudan, Omar al-Bashir. Analyzing the legal basis of the request for cooperation and the conflict points highlighted by the doctrine, our research concludes that there is no obstacle to comply with the request for cooperation, which is actually a legal obligation of the Brazilian state.

Problems of Soviet procedural law enforcement in 1930s.

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Alexander Kodintsev

2017-01-01

Full Text Available УДК 340.158The subject. Features of the organization of justice and the quality of procedural law enforcement in the USSR in the 1930s.The purpose. The determination of historical patterns of judicial enforcement in the USSR in the 1930s and the identification of the causes of the ineffectiveness of the proceedings in this period.Methodology. The author uses historical legal method, formal legal interpretation of statutes, the method of analysis of judicial statistics.Results, scope of application. After the criminal law campaigns of the early 1930s the judg-ment in the Soviet Union was in a disturbed condition. The Soviet civil process was almost absolutely eliminated. Tens thousands materials of court cases were lost throughout the Union every year. The courts were extremely busy.The courts used accusatory approach. The petitions of the accused were almost never solved. Prisoners were not handed copies of the indictments.During the terror of the old evils of the judicial system worsened, the destruction of the judicial process began. The timeframe for completing cases increased. Almost half of criminal cases in case of complaint (appeal has been revised by the higher courts. The courts again applied the simplified procedure.At the end of the 1930s the procedural regulation of the judicial work was the duty of People's Commissariat of Justice of the USSR and of the Supreme Court of the USSR. USSR Supreme Court continued to take decisions in litigation in the plenums. The Boards of Su-preme Court examines cases influencing law of practice.The quality of judgment by the Supreme Courts of the Republics of Soviet Union in the late 1930s did not change significantly in comparison with the previous period. This was due to constant staff turnover and low level of qualification of judges. The Supreme Courts of the Republics had no Plenum, so they could influence law of practice by the rulings of of the Boards. These rulings were extremely ignorant

Koblenz Higher Administrative Court reproaches complainants with abusing legal protection

International Nuclear Information System (INIS)

Anon.

1981-01-01

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

Trial by Jury in Russian Military Courts

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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.

Russian Model Of The Administrative Justice

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Natalja I. Jaroshenko

2014-12-01

Full Text Available On December 25, 2014 it would be twenty-one year since the Constitution of the Russian Federation was adopted on the national referendum on December 12, 1993. During this time, almost all constitutional provisions are implemented. The key point of course was the judicial reform in Russia, launched simultaneously with the adoption of Constitution of the Russian Federation. Adopted the new Civil Procedural Code, Criminal Procedural Code, Arbitration Procedural Code of the Russian Federation, Federal Constitutional Law "On the Constitutional Court of the Russian Federation", Federal Constitutional Law "On the courts of general jurisdiction in Russia", Federal Constitutional Law "On the Supreme Court of the Russian Federation". However, during twenty-one year of Russian Constitution work, the question on establishment of administrative courts in our country has not been resolved. Merger of the Supreme Court and the Supreme Arbitration Court of the Russian Federation, which happened in the year 2014, also shown the need to resolve the status of administrative courts in Russia. Previously submitted to the State Duma of the Federal Assembly of the Russian Federation the draft of the Federal Constitutional Law "On the Federal Administrative Courts in the Russian Federation" and is on the revision, which does not correspond to changes in the judicial system of the Russian Federation. Despite the failure of the Federal Constitutional Law "On the Federal Administrative Courts in the Russian Federation", in the opinion of the author, and it should be called that way, it Russia has already developed an own model of the Russian administrative justice, which is very specific.

Higher prudence as the supreme virtue in international politics

NARCIS (Netherlands)

Kamminga, M.R.

2008-01-01

This article defends a radical, morally ambitious version of prudence in international politics. Thus, it claims that, rather than the ‘lower prudence’ favoured by political realist Hans Morgenthau, ‘higher prudence’ (Cochran 1983) should be regarded as the supreme virtue in international politics.

A vedação de tratamento cruel contra os animais versus direitos culturais: breve análise da ótica do Supremo Tribunal Federal no julgamento do Recurso Extraordinário nº 153531/SC

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Nicanor Henrique Netto Armando

2014-04-01

Full Text Available This paper developed a brief analysis on the performance of the Supreme Court judgment in the Extraordinary Appeal No. 153531/SC that sought to settle the dispute arising from the realization of a cultural manifestation allegedly performed in the State of Santa Catarina (binge ox, which raised the collision between the protection of the right to culture, on the one hand, and protection of animals on the other. Our goal was to investigate whether, in the light of the aforementioned judgment, the Supreme Court comes to identify a legal protection of animals in Brazilian constitutional law and determine what would be the meaning or scope attributed to this protection regarding the meaning of the constitutional prohibition of cruelty. The research investigated what interpretation the Supreme Court gives to the content of protection standard, that is, the understanding that the Supreme Court has about the objective proposed by this rule and what is the constitutional sense of the prohibited practice (cruelty. The conclusion of the paper points out that the decision of the supreme court of settling the superiority of animal protection over a cultural event when the practice of cruelty against those mattered supports the view of the section VII, § 1 of Art. 225 of the Federal Constitution. Breaking anthropocentric perspective of Kantian inspiration, this enshrines the biocentric view that, unlike the first one, gives the animals their own intrinsic value and dignity, regardless of their usefulness to the achievement of human ends. Through the comparison of sequences of the judgment with doctrinal expositions we noticed, even to some extent, the assignment of an ecological dimension to human dignity and the proclamation of an ecologically balanced environment as a fundamental human right.

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

Energy Technology Data Exchange (ETDEWEB)

1984-01-01

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

Your business in court: 2009-2010.

Science.gov (United States)

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

2011-01-01

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

Kewenangan Komisi Yudisial dan Dewan Perwakilan Rakyat Dalam Pengangkatan Hakim Agung

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Diah Savitri

2016-04-01

Full Text Available Abstract: Judicial Commission and House of Representative Authority in choosing Judges of Supreme Court. House of Representative Authority in choosing Candidate of Supreme Court Judges as meant By the Act related to Judicial Commission and Act of the Supreme Court are not compatible with the provision as mentioned in article 24 A (3 Constitution of 1945. It was Constitutional Court through its decision Number 27/PUU-XI/2013 that revised the meaning of “to agree”. It revised also the provision that oblige of Judicial Commission to propose three Candidate Supreme Court Judge in every process carried out in Parliament. This provision is difficult to comply by the Commission therefore Constitutional Court has regulate that the Judicial Commission only nominate one candidate in every selection made. Abtrak: Kewenangan Komisi Yudisial dan Dewan Perwakilan Rakyat Dalam Pengangkatan Hakim Agung. Kewenangan DPR untuk memilih calon Hakim Agung seperti yang dimaksud dalam Undang-Undang tentang Komisi Yudisial dan pada dan Undang-Undang tentang Mahkamah Agung ternyata tidak sejalan dengan makna persetujuan yang disebutkan pada Pasal 24A ayat (3 UndangUndang Dasar Negara Republik Indonesia Tahun 1945. Hal ini didasarkan dengan keluarnya putusan Mahkamah Konstitusi Nomor 27/PUU-XI/2013 yang mengubah ketentuan kedua Undang-Undang tersebut menjadi menyetujui. Begitu juga dengan ketentuan yang mengharuskan KY mengajukan 3 (tiga calon Hakim Agung kepada DPR untuk setiap lowongan Hakim Agung yang dalam praktiknya cukup menyulitkan, maka MK dalam putusannya mengubah kuota calon Hakim Agung yang diusulkan KY kepada DPR menjadi 1 (satu calon hakim agung untuk setiap lowongan. DOI: 10.15408/jch.v1i2.2993

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...

THE TRANS-MISSOURI CASE: DOES THE SHERMAN ACT APPLY TO THE RAILROADS?

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Michael Landry

2003-01-01

Full Text Available In 1887, in answer to railroad abuses of monopoly power, Congress passed the Interstate Commerce Act, which created the Interstate Commerce Commission (ICC. In the next decade the Commission’s powers were considerably diminished by a series of Supreme Court decisions in cases in which the railroads appealed ICC rulings. In only one case during this period, the United States v. Trans-Missouri Freight Association, did the Court uphold an ICC decision. This case was primarily about collaborative ratemaking in rate bureaus but covered several larger issues, especially the possibly conflicting jurisdictions of the Sherman Act and the Interstate Commerce Act.

Matter of 381 Search Warrants Directed to Facebook, 2017 N.Y. Lexis 767, 2; 2017 NY Slip op. 02586, 2 (N.Y. April 4, 2017

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Trad. Leopoldo Villar

2017-08-01

Full Text Available The growing importance of electronic communications gives a special interest to its protection, which involves several fundamental rights and guarantees such as freedom, privacy and property. Due to the importance of the discussion and the different positions it reflects on an issue of such sensitivity and pertinence in the world today, we publish below the translation of the decision by the Supreme Court of the State of New York of April 4, 2017, on the 381 search warrants directed to Facebook user accounts, ordered by the same Court in 2013 in response to a request by the New York County District Attorney, supported in turn by an affidavit given by a prosecutor in a criminal investigation. Facebook filed a motion seeking annulment of the search warrants and disclosure of the Prosecutor’s affidavit but both motions were rejected by the Appeals Division, whereupon Facebook appealed to the New York Supreme Court, which dismissed the appeal. Although most agreed that the appeal was not appropriate, the views of the judges contain interpretations that make their reading very useful and particularly the opinión given by the dissenting judge offers enriching arguments for defending the rights of users of electronic services.

CNJ’s resolution 135 and the challenge of regulating the judiciary

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Ivan Candido da Silva de Franco

2015-01-01

Full Text Available The National Council of Justice (Conselho Nacional de Justiça - CNJ, created in 2004, is the administrative governing body of the Brazilian Judicial Branch (Article 103- B of the Constitution. It has the responsibility of editing rules that all the Brazilian courts must follow, except the Supreme Court (STF, and of exercising disciplinary control of judges. This article is a case study that explores a specific aspect of the CNJ’s mandate: the regulation of the disciplinary control of the judiciary. Our main goal is to understand the existing institutional dynamics and to understand how this issue was undertaken throughout the Council’s history: what kind of resistance was encountered in this process and which actors were involved in the ongoing debates. The institutional path, which begins with a fragile regulation from the CNJ’s Internal Regiment, and then gives rise to the first resolution of disciplinary matters, is described and analyzed.  Ultimately, this path results in the current regulation, the Resolution 135/2011, which promotes significant changes in the disciplinary rules and, because of that a Direct Action of Unconstitutionality (Ação Direta de Inconstitucionalidade -ADI challenged it before the Brazilian Supreme Court.

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

Science.gov (United States)

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

2012-01-01

before Congress. The SEC still appears focused on the Foreign Corporate Practices Act with respect to enforcement against pharmaceutical and device manufacturers. Federal preemption of State law continues to be a topic of concern, with Court's taking different positions on the effect of the various Supreme Court decisions made in the last two years.

The Court of Auditors has pinpointed 'renewables' for a long time

International Nuclear Information System (INIS)

Gay, Michel

2014-01-01

The author outlines that the French Court of Auditors (Cour des Comptes) has already highlighted the cost increase of renewable energies in 2011, notably for photovoltaic energy. He recalls different reports and decisions issued by the Senate, public bodies and the government on the increase of energy prices. The author states that there is no justification for the development of renewable energies in France as the French production emits hardly any CO 2 . He notices that phasing out nuclear in Germany had a negative consequence on greenhouse gas emissions as Germany had to import high quantities of coal. He outlines several issues highlighted by the Court's analysis: objectives of renewable electricity production are not reached, governments lack a clear strategy, lack of tax control, lack of expertise on costs, lack of statistical follow-up, insufficiently assessed economic impact, bad use of the tender procedure, intermittency management to be adjusted, construction and funding of new electricity lines which are facing acceptability problems. He finally outlines that the Court of Auditors has stated in 2014 that the energy-climate package does not respond to initial objectives such as supply security, competitiveness preservation, management of greenhouse gas emissions

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.

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

Science.gov (United States)

Relano, Eugenia

2010-01-01

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

SPECIALIZED COURTS OF THE EUROPEAN UNION

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Ioana Nely Militaru

2013-11-01

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

Public Managers, Judges, and Legislators: Redefining the "New Partnership."

Science.gov (United States)

O'Leary, Rosemary; Wise, Charles R.

1991-01-01

The Supreme Court's Missouri v Jenkins decision changed the role of school administrators as well as their ability to set priorities and control implementation. By sanctioning court-ordered taxation, it also involved legislators in the partnership, although the courts are clearly senior partners in the relationship. (SK)

Federalism and Health Care

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G. Alan Tarr

2011-10-01

Full Text Available President Barack Obama proposed a major overhaul of the American healthsystem, and in 2010 the U.S. Congress enacted his proposal, the PatientProtection and Affordable Care Act. Opponents of the Act challenged itsconstitutionality in federal court, claiming that it exceeds the powers grantedto the federal government under the Commerce Clause and the NecessaryProper Clause of the federal Constitution. Some courts have upheldthe law, but others have agreed with the critics, in particular ruling thatthe provision requiring citizens to buy health insurance is unconstitutional.Eventually the U.S. Supreme Court will rule on the issue. This article tracesthe controversy, surveys the interpretation of pertinent constitutional provisionsin past cases, analyzes the constitutional arguments presented byproponents and opponents of the Act, and concludes that the Act is constitutional.

LLW Notes Supplement, May/June 1994: Ward Valley, California: Legal issues in summary

International Nuclear Information System (INIS)

Norris, C.; Lovinger, T.

1994-01-01

This document is a digest of the major issues raised by the petitioners for the superior court's consideration and of the responses to those issues that were supplied by the state respondents. The issues have been extracted from a joint memorandum filed by the petitioners on March 9. The responses are taken from the state respondents' April 6 memorandum. The superior court's decision about the merit of each issue - as reported in the court's May 4 order - is also included. This information is necessarily summary in nature. Persons interested in a detailed explanation of these lawsuits are directed to the parties' memorandums of March 9 and April 6, as well as to the court's May 4 order

Standing on shaky ground- US patent-eligibility of isolated DNA and genetic diagnostics after AMP v. USPTO - Part II (practical implications & chances for Supreme Court Review)

DEFF Research Database (Denmark)

Minssen, Timo; Nilsson, David

2012-01-01

This is the second part of a four-partite article discussing the US Federal Circuit decision in AMP v. USPTO , also known as the ACLU /Myriad "gene patenting" case ("Myriad"). Part I commenced with a description of the legal framework and an explanation of how the decision relates to the recently...... of the outcome, i.e. the three different opinions of the Federal Circuit judges Lourie, Moore & Bryson who comprised the panel (3). Part II will now continue the tale with a detailed analysis of the decision's practical implications (4), which is followed by a closer look on the chances for an ultimate Supreme...

Juvenile Court Statistics - 1972.

Science.gov (United States)

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

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

Juvenile Court Statistics, 1974.

Science.gov (United States)

Corbett, Jacqueline; Vereb, Thomas S.

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

HISTORICAL ANALYSIS ON THE APPEARANCE OF THE SUPREME AUDIT INSTITUTIONS IN THE EUROPEAN UNION

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Ioan Gheorghe Țara

2014-07-01

Full Text Available Our scientific approach in the land of Supreme Audit Institutions, begins, as naturally, from the first moment of appearance and of engagement, in order to achieve a succession of the most important historical moments in the evolution of organizations. Under these conditions, our approach pursued by this paper is focused on two main areas: identification of the arising for the first time of the Supreme Audit Institutions and their evolution. We believe that we have no access to a full knowledge of a domain at the present time, as long as we do not know the past, because this is the only way we can build the future. As a result, we begin the journey into the realm of the Supreme Audit Institutions from the ancient times, considering this approach not only a necessity, but our duty, to take it from the beginnings.

Legislative framework affecting First Nations and resource development

International Nuclear Information System (INIS)

Maclean, M.

1998-01-01

In its Delgamuukw decision (released December 1997), the Supreme Court of Canada has given a clear direction to the Crown and First Nations to negotiate rather than litigate outstanding claims within the province of British Columbia. This paper describes the practical implications which the Delgamuukw decision will have for resource development on lands located within the traditional territories of Aboriginal people, reviews constitutional and jurisdictional issues, and discusses issues such as reserve lands in British Columbia, including the nature of reserve interest, tax considerations, the surrender of reserve lands, and provincial regulation on reserve lands

El derecho a la propia imagen de los personajes públicos en las jurisprudencias constitucional, ordinaria y europea. Evolución, concordancias y divergencias // The right to their own image of public figures in the Constitutional, Ordinary and European Case-Law. Evolution, concordances and divergences.

Directory of Open Access Journals (Sweden)

María del Mar Navas Sánchez

2017-12-01

which the legislator lays down very specific guidelines as to how such conflicts should be resolved; the intensity with which this Law has conditioned the case law of judges and courts of ordinary jurisdiction, particularly the Supreme Court; and finally, the important role played by the case law of the Constitutional Court, which, regardless of the legislative requirements and taking constitutional categories as references, has finally established, in a process that we have differentiated in two stages, the public interest of the images (or, in other words, the contribution made by photos to a debate of general interest in the decisive element to solve this type of conflicts. But on the other hand, special attention is also paid to the reciprocal relations that have been established over these decades among the case law of the Constitutional, Supreme and Strasbourg Courts. On this regard, we have found particularly interesting to look not only at the way in which the Constitutional Court has used the jurisprudence of the European Court of Human Rights (Article 10.2 Spanish Constitution to establish its own doctrine on the fundamental right to their image of public figures, but also, especially, in the way in which this doctrine of the Constitutional Court has been followed or not by the Supreme Court and therefore if the latter has fulfilled its constitutional obligation (Article 5.1 Organic Law of the Judiciary.

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

International Nuclear Information System (INIS)

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

1987-10-01

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

Euthanasia: Global Scenario and Its Status in India.

Science.gov (United States)

Shekhawat, Raghvendra Singh; Kanchan, Tanuj; Setia, Puneet; Atreya, Alok; Krishan, Kewal

2018-04-01

The legal and moral validity of euthanasia has been questioned in different situations. In India, the status of euthanasia is no different. It was the Aruna Ramachandra Shanbaug case that got significant public attention and led the Supreme Court of India to initiate detailed deliberations on the long ignored issue of euthanasia. Realising the importance of this issue and considering the ongoing and pending litigation before the different courts in this regard, the Ministry of Health and Family Welfare, Government of India issued a public notice on May 2016 that invited opinions from the citizens and the concerned stakeholders on the proposed draft bill entitled The Medical Treatment of Terminally Ill Patients (Protection of Patients and Medical Practitioners) Bill. Globally, only a few countries have legislation with discreet and unambiguous guidelines on euthanasia. The ongoing developments have raised a hope of India getting a discreet law on euthanasia in the future.

Life after Myriad: the uncertain future of patenting biomedical innovation and personalised medicine in an international context

DEFF Research Database (Denmark)

M. Schwartz, Robert; Minssen, Timo

2015-01-01

On June 13, 2013, the U.S. Supreme Court decided the Myriad gene patent case. In a unanimous judgment the Court held that patent claims directed to isolated genomic DNA are identical to the naturally occurring sequence and thus unpatentable “products of nature”. This decision affects all isolated...... with the situation in Australia and in the EU.   Keywords: biotechnology, comparative patent law, US, Europe, Australia, DNA, Myriad, patent-eligibility,personalized medicine, genetic diagnostics, USPTO 2014 Guidelines, methods,innovation, Unified Patent Court....... of these decisions on the biomedical sector and personalized medicine,as well the methodology used by the generalist Supreme Court in reversing a specialized CAFC judgment is particularly interesting from a comparative perspective. This paper analyses and discusses these U.S. developments, and compares them...

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

Directory of Open Access Journals (Sweden)

Mateus de Oliveira Fornasier

2017-08-01

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

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

DEFF Research Database (Denmark)

Rytter, Jens Elo

2003-01-01

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

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

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Cristian JURA

2014-05-01

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

Nudging Domestic Judicial Reforms from Strasbourg: How the European Court of Human Rights shapes domestic judicial design

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David Kosař

2017-03-01

Full Text Available This article discusses to what extent and how the European Court of Human Rights (ECtHR has initiated and engaged in domestic judicial reforms. It shows that the judgments of the Strasbourg Court, rather than having effects only with respect to the individual whose rights have been violated, have much deeper structural effects in the design and operation of domestic judicial systems. This article argues that this phenomenon goes rather unnoticed, but it has deep implications for both the developing and developed European democracies. To demonstrate this phenomenon, this article assesses the impact of the ECtHR on three judicial design issues. First, it illustrates how the ECtHR has challenged the role of the advocates general. Second, it explains how the ECtHR has gradually curbed the jurisdiction of military courts both over civilians and over military officers, which has brought these courts to the brink of their abolition. Finally, it outlines how the ECtHR in its judgments regarding the disciplining of judges empowers the judiciary at the expense of other political institutions within the State. Based on the analysis of these three judicial design issues, we conclude that the Strasbourg Court is affecting the internal architecture of domestic judiciaries as it gradually endorses the unification of court administration and changes the power structures within the judiciary.

"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

Legalization of Same-Sex Partnerships and the Possibility of "the Politics of Recongnition" : Learning from a Debate in the United States

OpenAIRE

佐藤, 美和

2008-01-01

In this paper, I show importance of interpreting legalization of same-sex partnerships as a process of "the politics of recognition" for gay and lesbian, through featuring on the argument about legalization of partnerships in U.S.A. In the first section, I survey evolution of lawsuits to demand the right to marry for same-sex couples, from that in 70's to Goodridge decision of the Massachusetts Supreme Court in 2003. From Beahr decision of the Hawaii Supreme Court in 1993 to Goodridge decisio...

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

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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.

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

International Nuclear Information System (INIS)

Eyermann, E.

1986-01-01

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

Differential Treatment of Pregnancy in Employment: The Impact of General Electric Co. v. Gilbert and Nashville Gas Co. v. Satty.

Science.gov (United States)

Taylor, Ellen T.

1978-01-01

Supreme Court decisions in two recent court cases concerning Title VII of the Civil Rights Act and the pregnancy of female employees illustrate how stereotyped notions of pregnancy influence perceptions about women's roles in employment. (EB)

Overstated Optimism: Arizona's Structured English Immersion Program under "Horne v. Flores"

Science.gov (United States)

Mora, Jill Kerper

2010-01-01

This article is an analysis of the educational implications of the Supreme Court (USSC) decision in "Horne v. Flores" (2009). The USSC remanded the Arizona case to the lower court, requiring a rehearing of petitioners' request for relief from the court's oversight of AZ's "structured English immersion" (SEI) program mandated…

77 FR 4407 - Modernization of Poultry Slaughter Inspection

Science.gov (United States)

2012-01-27

... by the U.S. Court of Appeals for the Fifth Circuit in Supreme Beef Processors, Inc. v. USDA. In that... was a rational policy judgment within the discretion afforded to the Secretary. The plaintiffs appealed and the Court of Appeals for the District of Columbia Circuit reversed the district court's...

Pursuing the Panderer: An Analysis of "United States v. Williams"

Science.gov (United States)

McGrain, Patrick N.; Moore, Jennifer L.

2010-01-01

In May 2008, the Supreme Court addressed whether the government can regulate the ownership and distribution of virtual child pornography. "U.S. v. Williams" marked the first time the Court directly addressed the concept of pandering virtual child pornography. This article examines the Court's decision in "U.S. v. Williams" and…

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

OpenAIRE

Cebulak, Pola

2014-01-01

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

[Recent case law about the right to die].

Science.gov (United States)

Bascuñán R, Antonio

2016-04-01

This paper reviews the sentences dictated between 1993 and 2002 by the Supreme Courts of Canada and the Unites States, the House of Lords and Supreme Court of the United Kingdom and the European Human Rights Court, about the validity of the legal prohibition of assistance for suicide. These sentences constituted a judicial consensus about the right to die. This consensus recognized the legal right of patients to reject medical treatments but did not recognize the right to be assisted by a physician to commit suicide. This exclusion is changing in the recent case law of Canada and the United Kingdom, which accepts the fundamental right of terminal patients to medically assisted suicide.

Macro Issues of Mikro Primary School

Directory of Open Access Journals (Sweden)

E Bray

2007-05-01

Full Text Available Mikro Primary School is an Afrikaans medium public school whose governing body refused to accede to an order of the Western Cape Department of Education to change the language policy of the school so as to convert it into a parallel medium Afrikaans/English school. The Supreme Court of Appeal held that section 29(2 of the Constitution of the Republic of South Africa, 1996, means that everyone has a right to be educated in an official language of his or her choice at a public educational institution to be provided by the State if reasonably practicable, but not the right to be so instructed at each and every public educational institution, subject only to it being reasonably practicable to do so. The court held that the language policy and admission policy of Mikro were not contrary to any provision of the Constitution, the South African Schools Act 84 of 1996, the Western Cape Provincial School Education Act 12 of 1997 or the Norms and Standards. The MEC and the department were prohibited and restrained from compelling or attempting to compel the school or its principal to admit learners for instruction otherwise than in compliance with its language policy and applicable provisions of the Schools Act and the Norms and Standards. The court declared the conduct of the department’s officials to be an unlawful interference with the government and professional management of the school in contravention of section 16 of the Schools Act and prohibited and restrained them from interfering unlawfully. The court rejected a previous interpretation of the term “organ of state” and relied on the Constitution which determines that any institution exercising a public power or performing a public function in terms of any legislation is an organ of state (section 239(b(ii. This means that the public school (acting through its governing body is clearly an organ of state because as an institution it exercises a public-education power and performs public

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

Science.gov (United States)

Sosin, Michael

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

The USA Labor Unions Against the Legislative Restraint on Their Participation in Election Campaigns (1947-1948

Directory of Open Access Journals (Sweden)

Koryakova Irina Konstantinovna

2014-09-01

of their lawyers, the AFL and CIO carried on the active campaign to obtain that purpose. In defiance of the provisions of the Taft-Hartley law, the CIO and the AFL published in labor and commercial newspapers the statements urging the members of trade unions to support those politicians in the federal elections who got the approval of labor organizations leadership. Consequently, the court case finally reached the halls of the Supreme Court. The Supreme Court decided that labor had the right to use money on financing its political activities with regard to the federal elections. But at the same time the Supreme Court refused to resolve the issue of the correspondence of the Taft-Hartley law with the U.S. Constitution. Although the AFL and the CIO could not achieve their main goal they managed to obtain at least part of it, having got the opportunity to spend trade union money on the socalled educational campaigns. Labor acted persistently and even offensively and its fight revealed that the united and concerted actions, on the one hand, and resorting to the active and bold methods of activities, on the other hand, could bring the victory.

Hester Prynne and Linda Lovelace: Pure or Prurient.

Science.gov (United States)

Berger, Gertrude

A June 21, 1973, Supreme Court ruling yielded jurisdiction in matters of obscenity to individual communities and the decision as to what is prurient to"contemporary community standards." This ruling leaves the courts in the powerful position of surgeon, judge, film critic, and arbiter of community taste. An analysis of past court cases…

INTEGRASI LEMBAGA PENYELESAIAN SENGKETA ALTERNATIF DALAM PROSES ACARA PERADILAN PERDATA: STUDI TENTANG PUTUSAN PENGADILAN YANG DI MEDIASI BERDASARKAN PERMA NOMOR 1 TAHUN 2008

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AAN Roy Sumardika

2014-11-01

Full Text Available Mediation process means dispute resolution through negotiation process for obtaining a peace agreement between the parties by using a third party in settling the dispute. Article 130 HIR/154 RBg determines peace efforts may use since the trial began before a judge hands down the dispute. Mediation as part of the Alternative Dispute Resolution is a process outside the court, but Indonesian Supreme Court Rules No. 1/2008 integrates it in the court proceedings and allows the mediation process at the level of legal remedy. So the problem investigated is the court decision re-mediated and the peace agreement mediation results. The method used normative legal research by Legislation Approach and to deepen the research study also use a Legal Concept Analysis Approach which is intended to establish a view and legal arguments in solving the problem at hand. Case that has been decided by the courts is not possible to re-mediated. The mediation process at the level of legal remedy is contrary to the law, especially the provisions of Article 130 HIR / 154 RBg. Indonesian Supreme Court Rules as rules are hierarchically under the law (HIR/RBg not justified material being regulated substance exceeding material are governed by higher laws. So Indonesian Supreme Court Rules No. 1/2008 can not be a legal basis to regulate the integration of mediation into the docket particularly about mediation at the level of legal remedy because the principle of lex superiori derogat legi inferiori and the principle of lex specialis derogat legi generali not met.

Heterodoxy, iconoclasm and spuriousness: the limits of novel expert evidence.

Science.gov (United States)

Freckelton, Ian

2007-12-01

A difficult issue arises for courts' decision-making at common law and under statutory evidentiary regimes when expert opinions are significantly unorthodox, iconoclastic or methodologically flawed. This editorial analyses the relevant evidentiary principles and the Australian jurisprudence on the subject, giving particular attention to the decisions of the South Australian Supreme Court in R v Parenzee [2007] SASC 143 and R v Parenzee [2007] SASC 316 in which expert opinions about the existence, identifiability and transmissibility of HIV and its relationship to AIDS adduced on behalf of the defence in a criminal trial were found to be seriously wanting. A variety of factors indicative of low probative value in expert opinions are distilled.

Revisiting the Decision of Death in Hurst v. Florida.

Science.gov (United States)

Cooke, Brian K; Ginory, Almari; Zedalis, Jennifer

2016-12-01

The United States Supreme Court has considered the question of whether a judge or a jury must make the findings necessary to support imposition of the death penalty in several notable cases, including Spaziano v. Florida (1984), Hildwin v. Florida (1989), and Ring v. Arizona (2002). In 2016, the U.S. Supreme Court revisited the subject in Hurst v. Florida Florida Statute § 921.141 allows the judge, after weighing aggravating and mitigating circumstances, to enter a sentence of life imprisonment or death. Before Hurst, Florida's bifurcated sentencing proceedings included an advisory sentence from jurors and a separate judicial hearing without juror involvement. In Hurst, the Court revisited the question of whether Florida's capital sentencing scheme violates the Sixth Amendment, which requires a jury, not a judge, to find each fact necessary to impose a sentence of death in light of Ring In an eight-to-one decision, the Court reversed the judgment of the Florida Supreme Court, holding that the Sixth Amendment requires a jury to find the aggravating factors necessary for imposing the death penalty. The role of Florida juries in capital sentencing proceedings was thereby elevated from advisory to determinative. We examine the Court's decision and offer commentary regarding this shift from judge to jury in the final imposition of the death penalty and the overall effect of this landmark case. © 2016 American Academy of Psychiatry and the Law.

Human dignity and the future of the voluntary active euthanasia debate in South Africa.

Science.gov (United States)

Jordaan, Donrich W

2017-04-25

The issue of voluntary active euthanasia was thrust into the public policy arena by the Stransham-Ford lawsuit. The High Court legalised voluntary active euthanasia - however, ostensibly only in the specific case of Mr Stransham-Ford. The Supreme Court of Appeal overturned the High Court judgment on technical grounds, not on the merits. This means that in future the courts can be approached again to consider the legalisation of voluntary active euthanasia. As such, Stransham-Ford presents a learning opportunity for both sides of the legalisation divide. In particular, conceptual errors pertaining to human dignity were made in Stransham-Ford, and can be avoided in future. In this article, I identify these errors and propose the following three corrective principles to inform future debate on the subject: (i) human dignity is violable; (ii) human suffering violates human dignity; and (iii) the 'natural' causes of suffering due to terminal illness do not exclude the application of human dignity.

Human dignity and the future of the voluntary active euthanasia debate in South Africa

Directory of Open Access Journals (Sweden)

Donrich W Jordaan

2017-05-01

Full Text Available The issue of voluntary active euthanasia was thrust into the public policy arena by the Stransham-Ford lawsuit. The High Court legalised voluntary active euthanasia – however, ostensibly only in the specific case of Mr Stransham-Ford. The Supreme Court of Appeal overturned the High Court judgment on technical grounds, not on the merits. This means that in future the courts can be approached again to consider the legalisation of voluntary active euthanasia. As such, Stransham-Ford presents a learning opportunity for both sides of the legalisation divide. In particular, conceptual errors pertaining to human dignity were made in Stransham-Ford, and can be avoided in future. In this article, I identify these errors and propose the following three corrective principles to inform future debate on the subject: (i human dignity is violable; (ii human suffering violates human dignity; and (iii the ‘natural’ causes of suffering due to terminal illness do not exclude the application of human dignity.

Court Supervised Institutional Transformation in South Africa

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Deon Erasmus

2015-12-01

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

PARADIGMA HUKUM RESPONSIF (Suatu kajian tentang Makamah Konstitusi sebagai Lembaga Penegak Hukum

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Henni Muchtar

2012-12-01

Full Text Available It is really ironic that an institution of law enforcer like constitutional court whose objectives are to to defend the rights, create substantive justice and prosperity for the society, is apparently extending its authority—including constitutional complain toward the static Supreme Court’s decision—which causes concern among the society. People are worried about the lack of control of the extension on authority, indicating it will become the highest institution with no check and balances as well as the fear of increasing debates and problems among the society. This article suggests that constitutional court can explain the consideration of extending the authority to the public, in order to counter the public’s anxiousness that the institution is becoming the highest authority without check and balances. Key words: extension of authority, constitutional court, constitutional complain, society rights, Supreme Court

25 CFR 11.912 - Contempt of court.

Science.gov (United States)

2010-04-01

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

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

PENGAWASAN DAN PEMBINAAN MAHKAMAH AGUNG TERHADAP PENGADILAN DI BAWAHNYA

Directory of Open Access Journals (Sweden)

Ahmad Fadlil Sumadi

2012-06-01

Full Text Available The independence and impartiality of the judicial authority, in the history of its incorporation into norms, had undergone some improvements and impediments along with the changes in the 1945 Constitution of the Republic of Indonesia, which was subsequently followed by amandment in the judicial power. In general, the changes were intended as an effort to reinforce the implementation of the judicial power. The research aimed at studying the design of the regulation concerning the supervision and guidance by the Supreme Court to the lower courts from the perspective of the principles of democracy. The supervision and guidance in the respect were limited to those within the functions and organization of human resource management. The study is a normative legal one using doctrinal method to analyze the laws constructed by the legislative power and thus is apart from the constitutional and political choices at that time. The research had found several designs of laws in the court supervision and guidance. Constitutionally, it had been determined that the Supreme Court should perform the internal supervision while the Judicial Commision, perform the external one. In addition, the law had determined that the supervision should not reduce the independence and impartiality of the judge. Together, the Supreme Court and the Judicial Commision composed the Code of Ethics and Code of Conduct as tools of measurement.

25 CFR 11.908 - Court records.

Science.gov (United States)

2010-04-01

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

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

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Thierry Kirat

2010-04-01

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

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

OpenAIRE

Koubková, Iveta

2012-01-01

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

Negligence 10 Years after Gertz v. Welch. Journalism Monographs Number Ninety-Three.

Science.gov (United States)

Hopkins, W. Wat

The implications and shortcomings of court rulings on negligence in libel laws are explored in this paper. The paper first discusses the particulars of the 1974 landmark "Gertz versus Robert Welch, Inc." United States Supreme Court case, in which the court ruled that private persons as well as public figures would be required to prove…

The effect of federal health policy on occupational medicine.

Science.gov (United States)

McCunney, R J; Cikins, W

1990-01-01

All three branches of the federal government affect occupational medicine. Notable examples include: 1) the Department of Transportation ruling (1988) requiring drug testing in diverse areas of the transportation industry (executive branch); 2) the Workplace Drug Act (1988) calling for organizations to have a policy towards drug and alcohol abuse (legislative branch); and 3) the Supreme Court ruling on the constitutionality of drug testing in the transportation industry (1989) and that infectious diseases are a handicap in accordance with the 1973 Federal Rehabilitation Act (1987). The executive branch plays a major role in occupational medicine primarily through the Occupational Safety and Health Administration (OSHA), which issues standards based on a rule making process; the executive branch can also affect occupational medicine indirectly, as evidenced by President Reagan's Executive Order 12291 calling for Office of Management and Budget oversight of regulatory initiatives. The legislative branch enacts laws, conducts hearings, and requests reports on the operations of federal agencies. The judicial branch addresses occupational health issues when people affected by an executive ruling want to challenge the ruling; or in the case of the Supreme Court, when deliberating an issue over which two circuit courts of appeal have come to divergent opinions. The Occupational Medicine profession can participate in the political process through awareness of proposed legislation and by responding accordingly with letters, resolutions, or testimony. Similar options exist within the executive branch by participating in the rule-making process. A representative of the Governmental Affairs Committee, through periodic visits with key Washington representatives, can keep members of the American College of Occupational Medicine informed about federal legislative and regulatory activities. In appropriate cases, the organization can then take a formal position on governmental

Mizan Text, V1,N1- Final 4-b

African Journals Online (AJOL)

eliasn

that appeal is lodged to the Supreme Court only from provincial courts8. ..... Theory of Laws in the Context of the Ethio- .... in the minutes cited above are so inapt that they might contribute to the sup- pression ... Towards Legislative Amendment.

An Ever More Powerful Court?

DEFF Research Database (Denmark)

Martinsen, Dorte Sindbjerg

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

LLW Notes, Volume 12, Number 3

International Nuclear Information System (INIS)

Norris, C.; Brown, H.; Colsant, J.; Lovinger, T.; Scheele, L.; Shaker, M.A.

1997-03-01

Contents include articles entitled: California DHS sues US Interior Department to compel land transfer; LLW Forum holds winter meeting; LLW Forum waste information working group meets; LLW Forum regulatory issues discussion group meets; Envirocare investigation transferred to feds; Host state TCC meets in Laughlin, Nevada; BLM to require new permit for California site testing; Federal agencies and committees; Pena sworn in as Energy Secretary, Grumbly departs DOE; U.S. Supreme Court tackles property rights issues; GAO to study DOI's actions; Congress scrutinizes FY '98 budget requests; and Senate committee passes high-level waste bill: Clinton threatens to veto

Hydrology of and Current Monitoring Issues for the Chicago Area Waterway System, Northeastern Illinois

Science.gov (United States)

Duncker, James J.; Johnson, Kevin K.

2015-10-28

The Chicago Area Waterway System (CAWS) consists of a combination of natural and manmade channels that form an interconnected navigable waterway of approximately 90-plus miles in the metropolitan Chicago area of northeastern Illinois. The CAWS serves the area as the primary drainage feature, a waterway transportation corridor, and recreational waterbody. The CAWS was constructed by the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC). Completion of the Chicago Sanitary and Ship Canal (initial portion of the CAWS) in 1900 breached a low drainage divide and resulted in a diversion of water from the Lake Michigan Basin. A U.S. Supreme Court decree (Consent Decree 388 U.S. 426 [1967] Modified 449 U.S. 48 [1980]) limits the annual diversion from Lake Michigan. While the State of Illinois is responsible for the diversion, the MWRDGC regulates and maintains water level and water quality within the CAWS by using several waterway control structures. The operation and control of water levels in the CAWS results in a very complex hydraulic setting characterized by highly unsteady flows. The complexity leads to unique gaging requirements and monitoring issues. This report provides a general discussion of the complex hydraulic setting within the CAWS and quantifies this information with examples of data collected at a range of flow conditions from U.S. Geological Survey streamflow gaging stations and other locations within the CAWS. Monitoring to address longstanding issues of waterway operation, as well as current (2014) emerging issues such as wastewater disinfection and the threat from aquatic invasive species, is included in the discussion.

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...

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

NARCIS (Netherlands)

Breemen, K.

2012-01-01

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

Historical context of the Albanian Constitutional Court

Directory of Open Access Journals (Sweden)

Ravesa Nano

2016-11-01

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

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

Science.gov (United States)

Pignotti, Maria Serenella

2013-02-01

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

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...

WOMEN, CRIME AND THE SECULAR COURT IN EIGHTEENTH CENTURY CLUJ

Directory of Open Access Journals (Sweden)

Andrea Fehér

2015-12-01

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

IMPLICATIONS OF AN UNDUE APLICATION OF THE NEW IMmEDIATE PROCEDURE AS A CONSEQUENCE OF A WRONG APRECIATION OF FLAGRANT: REGARDING THE “CASACIÓN NUMBER 804-2016 SULLANA”

Directory of Open Access Journals (Sweden)

Jorge Isaac Torres Manrique

2017-08-01

Full Text Available The author analyzes a case in which a suspect of the crime of rape of a person under seven years of age (article 173, 1, of the Peruvian Penal Code was arrested "in flagrante delicto" by the police, without being present the legal requirements of the state of flagrance. The suspect was prosecuted by the Public Prosecution Office for the said crime and, because of the alleged flagrante delicto, submitted to the so-called "immediate process", a special procedure in which the fundamental guarantees of criminal proceedings are restricted in favor of speed. The accused was sentenced to life imprisonment at first instance. The conviction was upheld at second instance. The accused then appealed to the Peruvian Supreme Court. The court ruled that, as there was no flagrante delicto, the accused should be subject to the common procedure rather than the "immediate process". However, the court based his immediate release on the excess of the prison term. The author understands that although the decision of the Supreme Court is in accordance with the Constitution and the Peruvian law, it is illegitimate, since the release of the accused should have been based on the very absence of flagrante delicto. The author proposes training and awareness raising on issues of administration of justice, that priority should be given to the legitimacy of judicial decisions to the detriment of speed, and that the legal basis of judicial decisions should also be addressed in the light of conventionality and multidisciplinarity.

Role and activities of courts in procedures of atomic energy laws

International Nuclear Information System (INIS)

Shiono, Hiroshi

1980-01-01

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

PENINGKATAN PROFESIONALISME HAKIM AGUNG MELALUI PEMBERLAKUAN SISTEM KAMAR DALAM PEMBUATAN PUTUSAN PERKARA

Directory of Open Access Journals (Sweden)

Sri Sutatiek

2014-04-01

Full Text Available Abstract The Supreme Court is the last place for justice seekers. A good decisions can be a jurisprudence, though it not binding as on the Anglo Saxon countries. One of the major strategic step from The Supreme Court which already done is to improve the quality of decision is to impose the room system. Through a system of rooms, all cases that go to the Supreme Court will be reviewed by a competent judge or judges. The decisions that have been through a sequential mechanism in accordance with the provisions of the law would create a quality of justice and judgment. However, the Supreme Court, government, communities, universities, and other interested parties have to support the implementation of the system room. Key words: room systems, professionalism, decision   Abstrak Mahkamah Agung merupakan benteng terakhir tempat pencari keadilan memperoleh keadilan.  Kualitas putusannya dapat menjadi panutan dari hakim-hakim lain, meskipun tidak mengikat sebagaimana pada negara-negara Anglo Saxon. Salah satu langkah strategis utama yang dilakukan MA untuk meningkatkan kecepatan pembuatan putusan dan meningkatkan kualitas putusan adalah memberlakukan sistem kamar. Melalui sistem kamar, semua perkara yang masuk ke MA akan diperiksa oleh hakim atau hakim-hakim yang kompeten sesuai bidangnya. Putusan-putusan yang sudah melalui mekanisme yang runtut sesuai dengan ketentuan hukum akan menciptakan keadilan dan putusan yang berkualitas. Namun, Hakim Agung sebagai inti subjek dalam sistem kamar, Mahkamah Agung, pemerintah, masyarakat, perguruan tinggi, dan pihak lain yang berkepentingan perlu mendukung pelaksanaan sistem kamar. Kata kunci: sistem kamar, profesionalisme, putusan

INKONSISTENSI PUTUSAN MAHKAMAH AGUNG DALAM MEMBATALKAN PUTUSAN ARBITRASE

Directory of Open Access Journals (Sweden)

Yeni Widowaty

2017-03-01

Full Text Available This research has 3 aims, the first is to examines the consideration of the Supreme Court in deciding the cancellation of arbitration decision under Article 70 and beyond Article 70 of Arbitration Act, the second is to review and analyze theories used in the consideration of the Supreme Court to cancel the Arbitration Decision. The third is to formulate concept in deciding the cancellation of Arbitration based on the principle of justice. This type of research is normative judicial research. Approach used in this research is case study approach. In more detail of the data obtained, processed and analyzed and presented in descriptive qualitative. The result of the research is divided into several parts, the first shows that according to the consideration of Deision of Supreme Court No.729/K/Pdt.Sus/2008 see Article 70 of the Arbitrase Act is limitative, different with Supreme Court Decision No.03/Arb/BTU of 2005 interpeting Article is enunciatif. The second, the Great Judge who cancel the arbitrase decision according to Article 70 Arbitration Act which is limitative by using Analytical theory. the Great Judge cancel the arbitrase decision refers to reasons beyond Article 70 of Rbitrase Act using Progressive Law theory. The third, according to procedural fairness the reason for cancellation is based on decision Article No.70 Arbitrase Act is too limitative comparing to Article 34 of the UNICITRAL Model Law. This substantive justice should be limited to the signs, so that arbitrators use it arbitrarily.

Theoretical and Practical Issues Around The Types of Non-Pecuniary Damages Recognized by the Colombian Jurisprudence

Directory of Open Access Journals (Sweden)

Laura Anaya-Quintero

2017-06-01

Full Text Available This book under review examines current relations between equity and compensable damages, since in the definition of these damages the equity plays a critical role. Through an analysis of recent decisions of both the Supreme Court of Justice and the Council of State on the typologies and reparation of non-pecuniary damages, the author deduces that, in some cases, guidelines applied by both Tribunals go against the equity and integral reparation rules. This book review exposes, comments and completes Professor M’Causland’s thesis, by showing weaknesses in the existing jurisprudence, while renewing a well-known debate around the judicial recognition of non-pecuniary damages.

THE LEGAL PROTECTION FOR REAL LAND RIGHT HOLDER IN CASE OF FORGED RINCIK

Directory of Open Access Journals (Sweden)

Nirwana Nirwana

2017-12-01

Full Text Available The legal Protection For Real Land Right Holder in Case of Forged Rincik. The research aimed to investigate (1 the legal protection for the land owner whose possession was based on rincik evidence, and (2 the legal protection on the good-will buyer based on the forged rincik document used in the land sale transaction. This was the normative legal research, also called the library research or documentary study because the research was only conducted on the written regulations or other legal materials or secondary data consisting of the primary and secondary legal materials. The interview was performed to strengthen the theories and opinions in the research. The research also used the Secondary data. the data were analysed and presented using the qualitative descriptive method. The research result indicate that: (1 the real land owner with rincik possession issued after the year 1960 based on the decision of Indonesian Supreme Court No. 560K / PID / 2008 has not been fully protected due to the fact that the seller is funished for forging the rincik., returning the right to the land owner can not be carried out due to the decision of Indonesian Supreme Court Number. 482 / PK / Pdt / 2014 which make the buyer win, while the real land owner is the directed to sue the land seller to give the compensation: and (2 the legal protection on the good faith buyer based on forget rincik in the land sale transaction has been fully protected and has the ringt to possess the land based on the decision of Indonesian Supreme Court Number. 482/PK/Pdt/2014 because the buyer has bought the land in the presence of Temporary Land Title Registar.

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

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....

How to reconcile the African Union and the International Criminal Court?

NARCIS (Netherlands)

Knottnerus, Abel

2012-01-01

Recent years have shown a mounting tension between the African Union and the International Criminal Court. Since the Prosecutor announced on 14 July 2008, that he would request the Court’s Pre-Trial Chamber to issue an arrest warrant for Sudan’s President Omar Al-Bashir, the African Union has

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

District nursing practice for the death of patients subject to deprivation of liberty safeguards.

Science.gov (United States)

Griffith, Richard

2015-02-01

The Chief Coroner of England and Wales has issued guidance to coroners on whether the death of a person subject to a deprivation of liberty safeguard should be subject to an inquest. The guidance was issued in response to the tenfold increase in people being made subject to the safeguards since the Supreme Court's decision in Cheshire West and Chester Council v P [2014]. It is the Chief Coroner's view that all deaths where a person is subject to a deprivation of liberty safeguard or Court of Protection welfare order allowing a deprivation of liberty must be investigated by the coroner with an inquest held. This article considers the impact of the Chief Coroner's guidance on district nurse practice. It discusses whether a person subject to a deprivation of liberty safeguard is in state detention and whether an inquest is necessary in every case.

A world without Roe: how different would it be?

Science.gov (United States)

Glendon, M A

1989-01-01

In anticipation of the U.S. Supreme Court's decision in Webster v. Reproductive Health Services (3 Jul 1989), this issue of the Hastings Center Report includes articles by Glendon, M. Mahowald, and N. Rhoden under the unifying title "Abortion: searching for common ground." Each author acknowledges the polarization of public and political opinion after the Court's 1973 Roe v. Wade decision, and seeks to establish a common ground in the abortion debate upon which a regulatory structure could be built. Glendon, author of the monograph Abortion and Divorce in Western Law: American Failures, European Challenges (Harvard; 1987), describes Roe as the most permissive abortion law in the industrializled West. She suggests that the United States might look to European laws as models where experience has shown that political compromise is possible when regulating abortion in countries where public opinion on the issue is deeply divided.

Perceptions of the Judiciary and Intellectual Disability.

Science.gov (United States)

Cockram, Judith; And Others

1993-01-01

Seventeen Supreme Court Judges, District Court Judges, and Magistrates in Western Australia were surveyed to examine perceptions concerning overrepresentation of individuals with intellectual disability in the criminal justice system. The judiciary felt these individuals had several characteristics that would disadvantage them in contacts with the…

Explaining African Participation in International Courts

DEFF Research Database (Denmark)

Gissel, Line Engbo; Brett, Peter

2018-01-01

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

Behavioral Genetics in Criminal and Civil Courts.

Science.gov (United States)

Sabatello, Maya; Appelbaum, Paul S

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

EFEKTIFITAS PENGAWASAN HAKIM OLEH KOMISI YUDISIAL

Directory of Open Access Journals (Sweden)

Oddie Moch Ikhsan

2018-01-01

Full Text Available Starting from the establishment of a suspect Candidate Former National Police Chief Pol Commissioner General Budi Gunawan then apply prapradilan to the South Jakarta District Court. Because the 77 Criminal Code stated determination of the suspect is not an object pretrial. In those articles which can be handled by pretrial regulated limitative, only for legitimate or not the arrest, detention, discontinuation or termination of the investigation and prosecution of compensation or rehabilitation for a criminal case was stopped at the level of investigation or prosecution. After a single judge South Jakarta District Court partially granted the petition Sarpin Rizaldi prapreadilan BG. In his judgment, Sarpin interprets the determination of the suspect as one of the pre-trial. Judge Sarpin Ats such action under the spotlight of the Judicial Commission for the above decision. The Judicial Commission then recommended to the Supreme Court Judge Sarpin to sanctions, but the Supreme Court rejected the recommendation because they have entered the realm of the judge's decision. The formulation of the problem in this study is How Model Judicial Oversight Committee, Oversight Problems To Know judge by the Judicial Commission, the Judicial Commission How the Implementation Monitoring and Oversight How effective implementation of the functions of the Judicial Commission in supervising judges and its influence on the judicial power. The method used in this research is using normative juridical approach, the specification of the research is descriptive analytical.Based on the findings of the Judicial Commission has the concept of preventive surveillance by the repressive, namely to prevent and then are giving emphasis and contain sanctions. The Judicial Commission has the authority to give the sanction of ethics recommendations to the Supreme Court but the repressive ie without the MA recommendations, the recommendations of the Judicial Commission to be worth sia

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

Failure to exercise due diligence costs plaintiff her suit.

Science.gov (United States)

1997-11-28

The Mississippi State Supreme Court affirmed a lower court ruling dismissing a last-minute suit filed by a plaintiff against United Blood Services of Mississippi and the American Association of Blood Banks. A woman known as D. Doe was a recipient of a tainted transfusion. She contracted HIV in 1983 and died of AIDS-related causes in 1991. Her daughter, the plaintiff, filed a contaminated blood transfusion lawsuit just five days before the statute of limitations ran out but failed to ascertain the correct identity of the blood bank. She named two blood banks in her suit because she was unable to determine the source of the blood. The Supreme Court ruled that waiting until five days before the statute elapsed indicated that the plaintiff did not exercise reasonable diligence within a specific time frame.

PEMBATASAN HAK KASASI DAN KONSEKUENSI HUKUM BAGI PENCARI KEADILAN DALAM SISTEM PERADILAN TATA USAHA NEGARA DI INDONESIA / The Restriction of Cassation Right and the Consequence for Justice Seeker in Indonesian Administrative Justice System

Directory of Open Access Journals (Sweden)

Agus Budi Susilo

2016-07-01

There were appeal legal effort, cassation and judicial review on Administrative Court. After the Supreme Court Act article 45A paragraph (2 letter c was applied, it was determined that not all administrative settlement dispute can be filled to cassation legal effort. The setting restriction poses legal problems to justice seekers. This article aims to study the solution of cassation rights setting restrictions so that it can be mutual for administrative justice seekers. Based on the analysis that has been done it can be concluded that the regulation on Supreme Court Act article 45A paragraph (2 letter c Act number 5 2014 was not clear in procedures and substantive. Thus the setting restriction in cassation legal effort has to consider the aspect of quality and cases type.

Trial Courts in the Judicial Process.

Science.gov (United States)

McKnight, R. Neal

1981-01-01

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

The Court in the Homeric Epos

Science.gov (United States)

Loginov, Alexandr

2016-01-01

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

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

Directory of Open Access Journals (Sweden)

Dra. María Esperanza Benítez-Cortés

2015-10-01

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

U.S. court practice concerning compensation for alleged radiation injuries

International Nuclear Information System (INIS)

Jose, D.E.

1986-01-01

The United States court system is processing thousands of claims for radiation induced cancers. From the few trials to date, the issues which are most hotly contested include dose, risk coefficients, negligence, and emotional factors. A small group of scientists appears regularly for the plaintiffs testifying in a way that does not reflect the consensus of the scientific community. (CW) [de

Doing justice to the political: the International Criminal Court in Uganda and Sudan: a reply to Sarah Nouwen and Wouter Werner

NARCIS (Netherlands)

Schotel, B.

2011-01-01

This article is a reaction to Sarah Nouwen and Wouter Werner, ‘Doing Justice to the Political. The International Criminal Court in Uganda and Sudan’, 21 EJIL (2010) 941. It takes issue with attempts to understand international law and particularly the workings of the International Criminal Court in

The influence of incomplete or unavailable information on environmental impact assessment in the USA

International Nuclear Information System (INIS)

Atkinson, Samuel F.; Canter, Larry W.; Ravan, Melanie D.

2006-01-01

One of the more common activities of environmental scientists in the United States is the preparation of environmental assessments or environmental impact statements in response to the mandates of the National Environmental Policy Act. The central thesis of this paper revolves around a frequent dilemma those scientists face: how to proceed with the environmental impact analysis when information on potential impacts is incomplete or unavailable. The paper examines how the 'hard look' standard that U.S. courts have imposed upon agencies considering proposed actions came about. Further, U.S. courts have said agencies cannot make arbitrary and capricious decisions when deciding to build a project, implement a plan, issue a permit or other give other approvals, and this paper discusses how the courts have defined what arbitrary and capricious decision are, especially when decisions are made when information about impacts is incomplete or unavailable. The paper examines why agencies win or lose lawsuits filed against the environmental assessments or environmental impact statements they write, focusing on those cases that have occurred after the Supreme Court ruled on the issue in 1989. The paper suggests recommendations to environmental scientists faced with incomplete or unavailable information when preparing an environmental assessment or environmental impact statement in the U.S

ECHR and national constitutional courts

Directory of Open Access Journals (Sweden)

Nastić Maja

2015-01-01

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

RIVER INTER-LINKING (RIL) PROJECT: A QUESTION ON INDIAN FEDERALISM.

OpenAIRE

Shazia Waheed; Pradip Kumar Jha.

2017-01-01

The Supreme Court of India, in 2002 directed the central government to link major Indian rivers within 10 years. In December 2002, the government appointed a task force on interlinking of 37 rivers and the dead line was extended by 2016. The RIL project not only raises national issue but also give way to international conflict in South Asia over sharing of river waters. The paper examines the impact of the RIL project on the paradigms and working of Indian federalism. It is based on triangula...

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

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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.

Revisiting "Rodriguez v. Los Angeles Unified School District": A Case of Intra-District Inequities

Science.gov (United States)

Espinosa, Ruben W.

2010-01-01

The educational community and the courts continue to struggle with the challenges of intra-district resource inequality revealed by the California Supreme Court landmark case "Rodriguez v. Los Angeles Unified School District" (1992). Intra-district school resource inequality is one of the remaining bastions of major inequalities in the…

The Constitutional Duty to "Cherish" Public Schools in Massachusetts: More than a Matter of Money.

Science.gov (United States)

Fossey, Richard

1994-01-01

Analyzes the Massachusetts Supreme Judicial Court's decision in "McDuffy" and places it in the context of other state court decisions that have declared public school finance schemes unconstitutional. "McDuffy" requires the state legislature to provide additional money for poor school districts and strive to achieve a high…

Brexit - Never Mind the Whys and Wherefores? Fog in the Channel, Continent Cut Off!

NARCIS (Netherlands)

Gormley, Laurence

This article examines the background to Brexit and the developments since the UK's referendum on leaving the European Union. It discusses the judgments of the Divisional Court and of the UK Supreme Court on whether there consent of Parliament was required before the UK government could notify the

ECHR rules on liability of ISPs as a restriction of freedom of speech

NARCIS (Netherlands)

Husovec, Martin

2014-01-01

The European Court of Human Rights (ECtHR) in Strasbourg handed down its first case concerning the liability of intermediaries. A ruling of the Estonian Supreme Court that imposed broad liability and a general monitoring obligation upon an internet news portal vis-a-vis third party comments made on

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

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Boris Krešić

2014-01-01

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

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

Directory of Open Access Journals (Sweden)

Boris Krešić

2014-01-01

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

Ethical and legal issues in aesthetic surgery

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Suresh Gupta

2012-01-01

Full Text Available Rapid growth and expansion of plastic surgery in general and aesthetic surgery in particular in the past decade has brought in its wake some confusions particularly raising questions for the surgeons conduct towards his colleagues and the patients in the light of ethical requirements. Some thoughts from eminent thinkers form a backdrop to consideration of theories of medical ethics. In this article raging and continuous debates on these subjects have been avoided to maintain the momentum. Apart from the western thoughts, directions from our old scriptures on ethical conduct have been included to accommodate prevelant Indian practices. The confusion created by specialists advertising their abilities directly to the lay public following removal of ethical bars by the American Courts as also latitudes allowed by the General Medical Council of Great Britain have been discussed. The medical fraternity however has its reservations. Unnecessary skirmishes with the law arose in cosmetic surgery from the freedom exercised by the police to file criminal proceedings against attending doctors in the event of a patient′s death with or without any evidence of wrong doing. This has now been curtailed in the judgement of the Supreme Court of India[1] where norms have been laid down for such prosecution. This has helped doctors to function without fear of harassment. An effort has been made to state a simple day-to-day routine for an ethical doctor-patient relationship.

The Inconstitucional Res Judicata: The Effects Of Judicial Review In The New Cpc And The Legal Certainty

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David Abdalla Pires Leal

2016-12-01

Full Text Available This paper seeks to evaluate the art. 525, §§ 12 and 15 of the 2015 Code of Civil Procedure, which introduced new hypothesis of the suitability of rescission action founded on unconstitutionality declarated by the Supreme Court that has addressed the legislative foundation that formed the basis for the decision who seeks to terminate, opening new deadline for the filing of this exceptional measure from the statement of the Supreme Court. The analysis takes place in collating this standard with the principles of legal certainty, through the discussion of theory of judicial review to, at the end, assess its constitutionality.

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

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

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В. І. Алєксєйчук

2015-11-01

Full Text Available Problem setting. Understanding of criminalistic methods exceeded now the boundaries of traditional points of view - as a methods of crimes investigation. An attention is drawn to the fact that the process of proof in criminal proceedings is not completed with a pre-court investigation, on the contrary, it is being continued even more actively during the court hearing. In this regard a need for providing of subjects of court hearings of criminal cases (judges, prosecuting attorneys, defense lawyers with criminalistic methods is emphasized. At the same time the stated ideas have not been sufficiently developed in Ukrainian doctrine. Special papers devoted to particular criminalistic methods of court hearing of criminal cases are not present. This problem cannot be settled without preliminary solving of issues of more general theoretical meaning, especially, definition of essence and goals of particular criminalistic methods of court hearing in criminal proceedings. Recent research and publications analysis. Research of general-theoretical basic concepts of criminalistic methods was made by the domestic and foreign scientists (Yu. P. Alenin, O. Ya. Bayev, R. S. Byelkin, О. М. Vasylyev, І. О. Vozgrin, V. К. Gavlo, V. А. Zhuravel, А. V. Ishchenko, О. N. Kolesnichenko, V. V. Tishchenko, S. М. Churilov, А. V. Shmonin, B. V. Shchur, М. P. Yablokov and others. Issues of providing of criminalistic tools for court hearing in criminal proceedings are covered in the papers of the following scientists: L.Yu. Аrotsker, V. М. Bozrov, М. Y. Vilgushunsky, G. А. Vorobyov, V. К. Gavlo, S. L. Kyslenko, D. V. Kim, І. І. Kogutych, Yu. V. Korenevsky, О. Yu. Korchagin, S. P. Sukhov, О. О. Sychova, А. L. Tsypkin, Т. B. Chedzhemov, V. Yu. Shepitko and others. The authors of papers published in Ukraine in recent years, studying conceptual problems of providing with criminalistic methods of court proceeding in criminal process are: V.А. Zhuravel, �

Faculty Tort Liability for Libelous Student Publications

Science.gov (United States)

Stevens, George E.

1976-01-01

Examines recent court cases to determine whether a school administrator or faculty advisor may be legally responsible for defamation in a student publication. Concludes that the legal position of faculty members is unclear and recommends application of the U.S. Supreme Court's guidelines in Gertz v. Robert Welch, Inc. (JG)

The 1958 Harlem School Boycott: Parental Activism and the Struggle for Educational Equity in New York City

Science.gov (United States)

de Forest, Jennifer

2008-01-01

In this article Jennifer de Forest details the 1958 Harlem school boycott and the resulting court case, "In the Matter of Charlene Skipwith." de Forest demonstrates how the Harlem Parents' Committee mobilized dissent in Harlem and led a boycott that effectively used the Supreme Court's 1954 decision in "Brown II," which…