WorldWideScience

Sample records for supreme court judge

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

    Directory of Open Access Journals (Sweden)

    Pedro Fernando Almeida Nery Ferreira

    2014-09-01

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

  2. Supreme Court Update

    Science.gov (United States)

    Taylor, Kelley R.

    2009-01-01

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

  3. At the Supreme Court.

    Science.gov (United States)

    Williams, Charles F.

    2000-01-01

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

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

    Science.gov (United States)

    Williams, Charles F.

    2002-01-01

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

  5. Supreme Court Review

    Science.gov (United States)

    Williams, Charles F.

    2009-01-01

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

  6. Supreme Court Review

    Science.gov (United States)

    Williams, Charles F.; Hawke, Catherine

    2010-01-01

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

  7. Editorial Coverage of Reagan Supreme Court Nominees.

    Science.gov (United States)

    Hale, F. Dennis

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

  8. The Supreme Court in the Culture Wars.

    Science.gov (United States)

    Rabkin, Jeremy

    1996-01-01

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

  9. 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...

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

    Science.gov (United States)

    Bloom, Jennifer

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

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

    Directory of Open Access Journals (Sweden)

    Ernani Carvalho

    2013-03-01

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

  12. U.S. Supreme Court Trends.

    Science.gov (United States)

    Williams, Charles F.; Leiterman, Hannah

    1999-01-01

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

  13. 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.

  14. Development of the Law by Supreme Courts in Europe

    Directory of Open Access Journals (Sweden)

    Maarten Feteris

    2017-10-01

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

  15. Indian Supreme Court demands cleaner blood supply.

    Science.gov (United States)

    Kumar, S

    1996-01-13

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

  16. The New 2001-2002 Term. Supreme Court Roundup.

    Science.gov (United States)

    Williams, Charles F.

    2001-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Ovidiu-Horia Maican

    2017-12-01

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

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

    NARCIS (Netherlands)

    Tsoutsanis, A.

    2014-01-01

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

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

    African Journals Online (AJOL)

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

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

    OpenAIRE

    Červinková, Zuzana

    2015-01-01

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

  1. 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.

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

    Science.gov (United States)

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

    2016-01-01

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

  3. Will the UK Supreme Court allow assisted dying?

    Science.gov (United States)

    Griffith, Richard

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

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

    Science.gov (United States)

    Norman, John; Gloor, Alex

    2018-01-01

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

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

    Science.gov (United States)

    Middleton, Tiffany

    2013-01-01

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

  6. 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

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

    Science.gov (United States)

    Zirkel, Perry A.

    2013-01-01

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

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

    Science.gov (United States)

    Farrell, Charles S.

    1984-01-01

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

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

    Science.gov (United States)

    Russo, Charles J.; Thro, William E.

    2009-01-01

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

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

    Science.gov (United States)

    Olivas, Michael A.; Denison, Kathleen McCartan

    1984-01-01

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

  11. Japan’s Supreme Court Discourse and Lifetime Employment

    DEFF Research Database (Denmark)

    Tackney, Charles T.; Sato, Toyoko

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

  12. Irish Supreme Court finds abortion information law constitutional.

    Science.gov (United States)

    1995-06-02

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

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

    Science.gov (United States)

    Kumamoto, Andrew; Schmid, Cora L

    2012-12-01

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

  14. The Problem of Emergency in the American Supreme Court

    DEFF Research Database (Denmark)

    Hartz, Emily; ugilt, rasmus

    2011-01-01

    Sixty years before Carl Schmitt wrote his Political Theology, and more than a 100 years before President Bush announced a ‘war on terrorism’ the American Supreme Court grappled with the difficult issue of emergency powers in connection with issues arising out of the American Civil War (1861......–1865). The question confronting the Court in a set of cases named the Prize Cases was whether President Lincoln’s decision to respond to acts of aggression by the secessionist Southern states with measures of war was lawful. The legal problem was that Lincoln had made this decision unilaterally although the American...

  15. Japan’s Supreme Court Discourse and Lifetime Employment

    DEFF Research Database (Denmark)

    Tackney, Charles T.; Sato, Toyoko

    Our study explores cultural cognition in comparative U.S. – Japan employment relations through interdisciplinary analysis of Japanese Supreme Court regulation of the post-World War II lifetime employment system and the latest data available on Japan's collective bargaining-based approach to emplo......Our study explores cultural cognition in comparative U.S. – Japan employment relations through interdisciplinary analysis of Japanese Supreme Court regulation of the post-World War II lifetime employment system and the latest data available on Japan's collective bargaining-based approach...... on the Court's discourse. Causally related to this recognition, management councils (a form of employee participation in managerial prerogative) are also a defining feature of Japanese employment relations at the enterprise level. Despite unionization rate declines in both nations, the persistence of Japan......'s participatory employee relations system contrasts sharply with recent U.S. state-based legislative assaults on long-standing collective bargaining, particularly for public sector unions. The concept of cultural cognition, recently deployed in legal studies to account for domestic U.S. risk, public policy...

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

    Science.gov (United States)

    Denniston, L

    1994-04-28

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Warkentin, D. [ed.

    1997-04-01

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

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

    Science.gov (United States)

    Stevens, John Paul; And Others

    1984-01-01

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

  19. 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…

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

    Science.gov (United States)

    Levin, Betsy

    1975-01-01

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

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

    Science.gov (United States)

    Carpenter, Linda J.

    1996-01-01

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

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

    Science.gov (United States)

    Mariner, W K

    1992-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Magno Federici Gomes

    2016-08-01

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

  4. Forecasting the Senate vote on the Supreme Court vacancy

    Directory of Open Access Journals (Sweden)

    Scott J. Basinger

    2016-07-01

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

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

    Science.gov (United States)

    Perkins, Jane

    2013-03-01

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

  6. 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.

  7. 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

  8. 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.

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

    Science.gov (United States)

    Abeles, Norman

    2010-11-01

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

  10. Media Politicization of the United States Supreme Court

    Directory of Open Access Journals (Sweden)

    RonNell Andersen Jones

    2014-10-01

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

  11. 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.…

  12. 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.

  13. 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.

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

    Science.gov (United States)

    Deonandan, Raywat; Rahman, Tarun

    2011-01-01

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

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

    Science.gov (United States)

    Mawdsley, Ralph D.; Russo, Charles J.

    2003-01-01

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

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

    Science.gov (United States)

    Hukill, Craig

    1992-01-01

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

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

    African Journals Online (AJOL)

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

  18. 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

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

    OpenAIRE

    Hatzis, N.

    2009-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Adalmir Oliveira Gomes

    2017-09-01

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

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

    Directory of Open Access Journals (Sweden)

    Elaine Mak

    2012-05-01

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

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

    Science.gov (United States)

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

    2010-01-01

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

  3. "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…

  4. 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....

  5. 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.

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

    Science.gov (United States)

    Yang, Y Tony; Kozhimannil, Katy B

    2016-02-01

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

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

    Science.gov (United States)

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

    2002-01-01

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

  8. 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,…

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

    African Journals Online (AJOL)

    user1

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

  10. 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…

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

    Science.gov (United States)

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

    2018-01-01

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

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

    Science.gov (United States)

    Pollock, John Crothers; And Others

    1978-01-01

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

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

    African Journals Online (AJOL)

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

  14. The Problem of Emergency in the American Supreme Court

    DEFF Research Database (Denmark)

    Hartz, Emily; ugilt, rasmus

    2011-01-01

    –1865). The question confronting the Court in a set of cases named the Prize Cases was whether President Lincoln’s decision to respond to acts of aggression by the secessionist Southern states with measures of war was lawful. The legal problem was that Lincoln had made this decision unilaterally although the American...... be governed by the decisions and acts of the political department of the Government to which this power was entrusted’ (Prize, p. 669). The precedent, which the Court thereby laid down, has since played out as an important leverage for the Bush government’s legal arguments in connection with the war...... on terrorism. This article engages the theoretical framework of Locke, Schmitt and Agamben in order to come to a better understanding of this important set of cases....

  15. 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.

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

    Directory of Open Access Journals (Sweden)

    Andi Mardiana

    2015-06-01

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

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

    Science.gov (United States)

    Mchale, Jean V

    2017-10-01

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

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

    Science.gov (United States)

    Lombardo, P A

    1996-01-01

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

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

    Science.gov (United States)

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

    2009-10-01

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

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

    Science.gov (United States)

    Steinberg, Laurence

    2013-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2008-10-01

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

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

    Directory of Open Access Journals (Sweden)

    Anugerah Rizki Akbari

    2013-09-01

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

  3. [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.

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

    Directory of Open Access Journals (Sweden)

    Claudio Weber Abramo

    2010-12-01

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

  5. 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.

  6. 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.

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

    Directory of Open Access Journals (Sweden)

    Zebulum J. C.

    2017-02-01

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

  8. 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

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

    Directory of Open Access Journals (Sweden)

    Łukasz Machaj

    2011-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Marcos de Moraes Sousa

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

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

    Science.gov (United States)

    Meyer, Heinz-Dieter; Bratge, Katrina

    2011-01-01

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

  12. 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.

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

    OpenAIRE

    Mardiana, Andi; Darwis, Rizal

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Kevin G. Welner

    2000-07-01

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

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

    Science.gov (United States)

    Symington, Alison

    2008-12-01

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

  16. 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.

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

    Directory of Open Access Journals (Sweden)

    Lydia Anita Miljan

    2014-10-01

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

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

    Science.gov (United States)

    Griffith, Richard

    2014-12-01

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

  19. 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.

  20. 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.…

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

    Science.gov (United States)

    Stolzenberg, Ross M; Lindgren, James

    2010-05-01

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

  2. 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…

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

    Science.gov (United States)

    Ehrensal, Patricia A.

    2003-01-01

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

  4. 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.

  5. Judging Judges: A Study of U.S. Federal District Court Judges in the 10th Circuit

    Directory of Open Access Journals (Sweden)

    Eli Wald

    2017-12-01

    Full Text Available This paper examines the demographics of federal district court judges in the 10th Circuit. Consistent with the glass-ceiling effect literature in positions of power and influence in the legal profession, the study finds that women judges are under-represented on the 10th Circuit bench compared with their numbers as lawyers in the jurisdictions of the Circuit. However, the study finds that minority judges are over-represented in the Circuit. The paper next explores the relationship between under-representation, over-representation and discrimination. Under-representation that cannot be explained in terms of merit criteria or informed opting out, such as the under-representation of women on the 10th Circuit, strongly suggests the lingering effects of past exclusion and discrimination, as well as the current effects of implicit bias. As demonstrated by the over-representation of minority judges, the political commission process can break through the gender glass-ceiling by over-representing qualified women judges in the short run until their overall numbers better reflect equality. Este artículo examina la demografía de los jueces federales de tribunales de distrito del 10º Circuito. Corroborando la literatura sobre el efecto del techo de cristal en posiciones de poder e influencia en la profesión jurídica, el estudio descubre que las juezas están infrarrepresentadas en el 10º Circuito en comparación con el número de abogadas en las jurisdicciones del Circuito. Sin embargo, el estudio descubre que los jueces de grupos sociales minoritarios están sobrerrepresentados en el Circuito. A continuación, el artículo explora la relación entre la infrarrepresentación, la sobrerrepresentación y la discriminación. La infrarrepresentación que no puede ser explicada en términos de criterios de mérito o de la renuncia informada, como es el caso de la infrarrepresentación de mujeres en el 10º Circuito, apoya fuertemente la idea de que

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

    Directory of Open Access Journals (Sweden)

    Harvey G. Hudspeth

    1999-01-01

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

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

    Science.gov (United States)

    Battisti, D. S.

    2016-12-01

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

  8. 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.

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

    African Journals Online (AJOL)

    Fr. Ikenga

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

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

    Science.gov (United States)

    de Hoyos Sancho, Montserrat

    2012-01-01

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

  11. Judging Money: When Courts Decide How to Spend Taxpayer Dollars

    Science.gov (United States)

    Dunn, Josh; Derthick, Martha

    2007-01-01

    Since the 1970s, proponents of greater spending in disadvantaged school districts have pursued their goal through litigation in state courts. They have brought suits in 45 of the 50 states. These suits began with claims of equity, which sought to redistribute revenues from rich to poor districts. Disappointed with the results, within a decade the…

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

    Directory of Open Access Journals (Sweden)

    Small Dan

    2008-10-01

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

  13. 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

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

    Science.gov (United States)

    Wells, Gary L; Quinlivan, Deah S

    2009-02-01

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

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

    Science.gov (United States)

    Schwartz, H I; Boland, R

    1995-01-01

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

  16. 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.

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

    Directory of Open Access Journals (Sweden)

    Anna Cristina de Carvalho Rettore

    2016-10-01

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

  18. 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)

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

    Directory of Open Access Journals (Sweden)

    Mahdi Salehi

    2013-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Mery Chalfun

    2016-12-01

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

  1. Procedural justice and the judge-probationer relationship in a co-occurring disorders court.

    Science.gov (United States)

    Mahoney, Myesa Knox

    2014-01-01

    Although a considerable amount of research has been conducted on treatment-based courts, there is little quantitative evidence that describes the relationship between the judge and the probationer. The present study examines perceptions of the judge-probationer relationship (JPR), procedural justice, and outcome satisfaction within a co-occurring disorders court (CODC) in Orange County, California. Based on interview and survey data from a sample of probationers within the CODC (n=24), this article argues that perceptions of procedural justice are linked to perceptions of relationship quality between the judge and probationer. Analysis of the data found that probationers in the CODC have very positive views of their relationships with the judge, and elements of relationship quality are significantly linked with perceptions of procedural justice. Procedural justice is also a predictor of satisfaction with outcome in this sample. The results show promise that procedural justice and the quality of the judge-probationer relationship can positively affect probationers with co-occurring disorders in specialty courts. Copyright © 2013. Published by Elsevier Ltd.

  2. The Hungarian court system with special emphasis on the principle of the independence of judges

    Directory of Open Access Journals (Sweden)

    Heka Laslo L.

    2015-01-01

    Full Text Available The question of ensuring the independence and impartiality of judges is one of the basic principles of justice, and basic principles of state functioning in general. Successful functioning of justice and the realization of this principle is largely linked to the method of selection of judges, which is, nowdays, an important issue in the world's major legal systems. They all aim to find a solution for the selection of judges that could implement reinforcement of the principle of independence of judges and their impartial trial. Regarding this, significant differences are noticeable between countries which apply civil law and ones that judge by the principle of common law, especially bearing in mind that certain political cultures exist in which there are no limits that the court involve even an external factor to the trial verdict. In this thesis we present the Hungarian justice system and methods of selection of the judges, comparing it with the Serbian model, and then presenting solutions in English, American, German and French judiciary, trying to display current prevailing international trends in countries that apply the legal system of Common law, or in those who judge by Civil law. Finally, by the method of comparative analysis, we present our own view on this issue, being aware that the problem of selection of the judges should be cautiously regulated, given the experience of some other countries, which is especially reflected in post-communist countries in which, up to the 1990s, only one-party system existed, characterized by the fact the judges were selected by the communist Party personnel, that in former Yugoslavia used to be called 'socio-politically suitable'. Nowdays in Hungary, Serbia and many other countries, judicial councils represented by judges, prosecutors, lawyers and law professors have a central role in the selection of the judges (in Serbia there are special judge and prosecutor councils. In France, the election of

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

    Directory of Open Access Journals (Sweden)

    Javier Chinchón Álvarez

    2014-10-01

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

  4. 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.

  5. 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…

  6. 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

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

    DEFF Research Database (Denmark)

    Neergaard, Ulla; Sørensen, Karsten Engsig

    2017-01-01

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

  8. 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.

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

    Directory of Open Access Journals (Sweden)

    Debora Diniz

    2008-08-01

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

  10. 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...

  11. 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…

  12. Courting the Court.

    Science.gov (United States)

    Crosby, Mary Neil

    1989-01-01

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

  13. 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...

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

    OpenAIRE

    Fernández Segado, Francisco

    2010-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Richard Davis

    2014-10-01

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

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

    DEFF Research Database (Denmark)

    Minssen, Timo

    2016-01-01

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

  17. 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.

  18. Thinking about Judges and Judicial Performance: Perspective of the Public and Court Users

    Directory of Open Access Journals (Sweden)

    David Rottman

    2014-12-01

    Full Text Available Studies of the courts, conducted primarily in the United States, suggest that the way legal professionals think about judging underpins nearly all official evaluations of judicial performance. The general public has a different view than lawyers of judging that merits consideration along with the type of criteria emphasized by the legal community. Research demonstrates that the public places the greatest importance on the extent to which a judge reaches decisions through a process that meets the public's expectations of fairness. Surveys of California residents and California attorneys are used to demonstrate the importance of procedural justice for explaining whether people have trust in the courts and regard court decisions as legitimate. The article describes and critiques existing judicial performance evaluation programs that incorporate procedural justice principles as a dimension for measuring judicial quality through both survey and observational methods. Los estudios sobre tribunales llevados a cabo principalmente en Estados Unidos, sugieren que la opinión sobre el hecho de juzgar de los profesionales del derecho están detrás de casi todas las evaluaciones del rendimiento judicial oficiales. El público general tiene una visión del hecho de juzgar diferente a la de los abogados, que debe tenerse en cuenta junto con los criterios destacados por la comunidad jurídica. La investigación demuestra que el público da mayor importancia a que un juez tome una decisión a través de un proceso que cumpla con sus expectativas de justicia. Se emplean encuestas a residentes de California y abogados de California para demostrar la importancia de la justicia procesal, a la hora de explicar si la gente tiene confianza en los tribunales y perciben las decisiones judiciales como legítimas. El artículo describe y critica los programas de evaluación del rendimiento judicial que incorporan principios de justicia procesal como una dimensión para

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

    Directory of Open Access Journals (Sweden)

    Lívia Dias Barros

    2016-12-01

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

  20. 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

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

    Directory of Open Access Journals (Sweden)

    Daniel Barile da Silveira

    2016-10-01

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

  2. 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.

  3. THE LAY JUDGE IN THE SMALL CLAIMS COURTS AND IN THE SMALL CLAIMS AGAINST THE EXCHEQUER COURTS: EFFICIENCY VERSUS ACCESS TO JUSTICE AND TO LAW

    Directory of Open Access Journals (Sweden)

    Pedro Gomes de Queiroz

    2015-12-01

    Full Text Available Lay judges that work at small claims courts and at small claims against the Exchequer courts don’t have the necessary legitimacy to take discretionary or solely based in equity decisions, because they are not directly elected by the people. Thus, they must base their decisions in the present Law. For this purpose, the selection process of them must demand the necessary legal knowledge and degree for the exercise of the function. The lay judge is submitted to the reasons of impediment or suspicion of the judge, because he is an assistant of the justice, so the law must recognize the citizen’s right to know the individual that exercises the function in his process.

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

    Science.gov (United States)

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

    2016-11-01

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

  5. 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

  6. 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.

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

    DEFF Research Database (Denmark)

    Hartz, Emily

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

  8. 20 CFR 404.984 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

    Science.gov (United States)

    2010-04-01

    ... Council review of administrative law judge decision in a case remanded by a Federal court. (a) General. In... final decision in your case or subsequently considered by the administrative law judge in the... of the Commissioner after remand, or it will remand the case to an administrative law judge for...

  9. 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

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

    OpenAIRE

    Johnston, Jason Scott

    2008-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Diego Werneck Arguelhes

    2016-07-01

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

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

    NARCIS (Netherlands)

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

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

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

    NARCIS (Netherlands)

    Van Hees, Martin; Steunenberg, Bernard

    2000-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Safrin Salam

    2016-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Carolina Carneiro Lima

    2015-12-01

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

  16. 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.

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

    Directory of Open Access Journals (Sweden)

    Scotti Valentina Rita

    2017-12-01

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

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

    NARCIS (Netherlands)

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

    2014-01-01

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

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

    Science.gov (United States)

    Kappers, Alan M.

    1976-01-01

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

  20. "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.

  1. In the shadow of the judge : The involvement of judicial assistants in Dutch district courts

    NARCIS (Netherlands)

    Holvast, N.L.

    2017-01-01

    While judicial assistants occupy a central position in all types of court systems, the contribution of these staff members to the process of adjudication remains largely unknown, even though their involvement can have significant effects on the perceived quality and credibility of adjudication. This

  2. Diagnostic Labeling in Juvenile Court: How Do Descriptions of Psychopathy and Conduct Disorder Influence Judges?

    Science.gov (United States)

    Murrie, Daniel C.; Boccaccini, Marcus T.; McCoy, Wendy; Cornell, Dewey G.

    2007-01-01

    This study examined the influence of diagnostic criteria and diagnostic labels for psychopathy or conduct disorder on judicial decisions. A national sample of judges (N = 326) rendered hypothetical dispositions based on 1 of 12 mock psychological evaluations. The evaluations varied the presence of 2 sets of diagnostic criteria (antisocial…

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

    Science.gov (United States)

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

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

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

    Directory of Open Access Journals (Sweden)

    Gavin Drewry

    2011-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Caroline Hodes

    2018-02-01

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

  6. Judge rebuked for planning to deny medicine to inmate.

    Science.gov (United States)

    1998-09-18

    The California Supreme Court censured State Judge Howard Broadman for proposing that [name removed], an HIV-infected prisoner, be denied medicine as a way of controlling treatment costs. The judge had attempted to postpone the sentencing of [name removed] for 2 months to research the idea of not requiring government physicians to provide anti-HIV medications to prisoners, once a conviction is final. The Supreme Court upheld the vote by the State Commission on Judicial Performances, by agreeing that Broadman engaged in willful misconduct by trying to trick [name removed] into accepting the postponement without revealing the reason behind it. Broadman has been found to have violated judicial ethics in other cases.

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

    Directory of Open Access Journals (Sweden)

    Laila Maia Galvão

    2015-04-01

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

  8. 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

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

    Directory of Open Access Journals (Sweden)

    Daniel Wei Liang Wang

    2008-12-01

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

  10. 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

  11. INDEPENDENSI HAKIM AD-HOC PADA LINGKUNGAN PERADILAN HUBUNGAN INDUSTRIAL / THE JUDICIAL INDEPENDENCE OF AD-HOC JUDGES IN INDUSTRIAL RELATION COURT

    Directory of Open Access Journals (Sweden)

    Muhammad Ishar Helmi

    2017-08-01

    Full Text Available Undang-Undang PPHI mengatur asas penyelesaian perselisihan hubungan industrial dilakukan secara musyawarah mufakat, dengan berprinsip jika terjadi perselisihan antara pekerja/buruh dan pengusaha maka tahap pertama penyelesaian perselisihan tersebut diserahkan pada pihak yang berselisih (bipartit. Ketentuan Pasal 63 ayat (2 dan Pasal 67 ayat (1 huruf f Undang-Undang tersebut mengakibatkan hakim ad-hoc Pengadilan Hubungan Industrial, dalam menjalankan tugas dan tanggung jawabnya memeriksa dan memutus suatu perkara harus mandiri dan lepas dari segala bentuk intervensi lembaga/instansi manapun menjadi terbatasi dan tidak optimal. Hakim ad-hoc Peradilan Hubungan Industrial merupakan hakim yang diusulkan oleh serikat pekerja/serikat buruh, organisasi pengusaha, juga diberhentikan secara hormat oleh serikat pekerja/serikat buruh, organisasi pengusaha tersebut. Hal ini tentunya akan menciderai sistem peradilan yang bebas, tidak memihak dan bersih yang diimpikan karena para hakim akan dikuasai oleh para pihak yang berperkara, karena keberadaan hakim diangkat dan diberhentikan oleh pihak yang akan disidangkan di peradilan hubungan industrial tersebut. PPHI (Industrial Relations Disputes Settlement Act regulates the principle of settlement of industrial relations disputes by consensus, if there is a dispute between employee/workers and employers, the first stage of dispute settlement shall be submitted to disputing party (bipartite settlement. The provisions of Article 63 paragraph (2 and Article 67 paragraph (1 sub-paragraph f of the Act shall result in the ad-hoc judges of the Industrial Relations Court, in carrying out their duties and responsibilities to examine and decide a case shall be independent and kept away from any intervention of any institution. The ad-hoc judges of the Industrial Relations Court is a judge proposed by a trade union, employers organization, also dismissed respectfully by the trade union and the employers organization. This

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

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    José Marcos Domingues

    2009-06-01

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

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

    Science.gov (United States)

    Cameron, P; Cameron, K; Landess, T

    1996-10-01

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

  14. 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.

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

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    Marcos Paulo Verissimo

    2008-12-01

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

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

    Directory of Open Access Journals (Sweden)

    João Carlos Bemerguy Camerini

    2012-06-01

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

  17. Expert scientific evidence in the Israeli court.

    Science.gov (United States)

    Sahar, A

    2007-06-01

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

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

    Science.gov (United States)

    Bouchard, Ron A

    2007-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Veit Bader

    2010-11-01

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

  20. The systemic integration of international law by domestic courts: domestic judges as architects of the consistency of the international legal order

    NARCIS (Netherlands)

    d' Aspremont, J.; Fauchald, O.K.; Nollkaemper, A.

    2012-01-01

    The paper aims at appraising whether domestic courts, because of different legal and institutional constraints, construe the systemic character of the international legal order differently from international courts and international legal scholars. After recalling the extent to which international

  1. 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

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

    Index Scriptorium Estoniae

    Beaucamp, Guy

    2016-01-01

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

  3. The Supreme Court Faces the Family.

    Science.gov (United States)

    Clark, Homer H., Jr.

    1982-01-01

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

  4. Recent Supreme Court decisions and licensing power.

    Science.gov (United States)

    Giordano-Coltart, Jennifer; Calkins, Charles W

    2008-02-01

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

  5. 20 CFR 416.1484 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

    Science.gov (United States)

    2010-04-01

    ... § 416.1484 Appeals Council review of administrative law judge decision in a case remanded by a Federal... proceedings leading to the final decision in your case or subsequently considered by the administrative law... reversing the decision of the administrative law judge, or it will remand the case to an administrative law...

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

    Science.gov (United States)

    Marchi, E; Pasacreta, R J

    1997-01-01

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

  7. Court of Public Opinion

    Science.gov (United States)

    Oguntoyinbo, Lekan

    2011-01-01

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

  8. Covering the Court.

    Science.gov (United States)

    Cordes, Renee

    1989-01-01

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

  9. 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)

  10. Soft Regulators, though judges

    NARCIS (Netherlands)

    de Geest, G.G.A.; Dari Mattiacci, G.

    Judges have a tendency to be more demanding than regulators. In the United States, a majority of the courts has adopted the rule that the unexcused violation of a statutory standard is negligence per se. However, the converse does not hold: compliance with regulation does not relieve the injurer of

  11. [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.

  12. In the CJEU Judges Trust

    DEFF Research Database (Denmark)

    Mayoral, Juan A.

    2016-01-01

    This article aims to highlight the relevance of judicial trust in international courts, focusing on national judges' trust in the Court of Justice of the European Union (CJEU). EU scholars have put a great deal of effort into explaining how legal and political factors affect the use of preliminary...

  13. Disciplinary Responsibility Of Judges And Judicial Employees In England And Wales

    Directory of Open Access Journals (Sweden)

    Yury M. Filippov

    2014-09-01

    Full Text Available Present article is devoted to the topical issues of the judges and judicial employees’ disciplinary responsibility in England and Wales after the adoption of the Constitutional Reform Act and creation of the new disciplinary bodies. Present article contains a short analysis of the mechanism of professional and ethical standards among judges and magistrates of England and Wales maintenance, possible conflict of interests settlement and questions of conduct in the need of disciplinary trial. Author consider features of the lord powers - chancellor in the questions of bringing judges and magistrates to the disciplinary responsibility, interaction of the Lord Chancellor with the Lord - Supreme Judge and the Ministry of Justice in the questions of the disciplinary investigations organization and conduct. At the same time author considers an aspect that responsibility before the civil society has an informal character and doesn't assume carrying out any trial. At the same time possibility of judge's and court's employees behavior discussion by public organizations and associations and also in press is a usual practice. In the conclusion author notes that to the number of features of English model of the disciplinary responsibility of judges and judicial employees it is necessary to include active participation of public authorities in the process of trial on the complaints in regard to actions of judges and judicial employees (Ministry of Justice is authorized to conduct such trials, the dual legal nature of such decision on the complaint which is taken out not only on behalf of the judicial community, but also a name of the Lord Chancellor appointed by the Parliament, general procedure of the judge's and worker's of courts, and also coroners accountability.

  14. 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…

  15. 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

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

    Directory of Open Access Journals (Sweden)

    Haneen McCreath

    2014-12-01

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

  17. Academician A.N. Sokolovsky and other prosecutors and judges who participated in the ULU (SVU trial (based on the materials of the State Political Department of the People’s Commissariat of Internal Affairs and the court records

    Directory of Open Access Journals (Sweden)

    B. G. Moskalov

    2017-06-01

    intellectuals and had a profound ideological and historical character. The specific forms of trial organization have been accentuated by the authors. Judges and prosecutors at this court were chosen properly, as it was expected that the «descents» from non-proletarian parties would prosecute their former colleagues from the Ukrainian democratic movement, i.e. to force national intellectuals or «conscious Ukrainians» to judge «conscious Ukrainians». It has been shown by the authors that the fates of the accused on the one hand and the judges and prosecutors on the other hand didn’t differ significantly. Almost all representatives of the adversary were also the victims of political repressions during the years of great terror. At the end of the investigation the authors came to the conclusion that all parties of trials, which were held in 1930 years, should be studied.

  18. GREAT BRITAIN AND GERMANY SUPREME AUDIT INSTITUTIONS

    Directory of Open Access Journals (Sweden)

    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

  19. 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…

  20. 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)

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

    African Journals Online (AJOL)

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

  2. The Challenges of Supreme Command

    DEFF Research Database (Denmark)

    Barfoed, Jacob

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Lydia Terekhova

    2017-01-01

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

  4. Does Judge Turnover Affect Judicial Performance?

    DEFF Research Database (Denmark)

    Guerra, Alice; Tagliapietra, Claudio

    2017-01-01

    Italy is among the countries with the highest litigation rate and those with the highest duration of trials. This article shows that judge turnover contributes negatively to delays in Italian courts and outlines possible policies for improvement. In Italy, judges can voluntarily move from one off...

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

    Directory of Open Access Journals (Sweden)

    羅明通 Ming-Tung Lo

    2009-12-01

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

  6. Individual Evaluation of Judges in Germany

    Directory of Open Access Journals (Sweden)

    Johannes Riedel

    2014-12-01

    Full Text Available In Germany, with the exception of the five federal supreme courts, court organization is a responsibility of the Länder (federal states. In some of the Länder, so-called employee profiles (“Anforderungsprofile“ have been established for judicial office. These lists attempt to describe criteria for certain judicial positions. They are applied in the process of promotion but also serve as an indicator for initial appointment.The European picture with respect to individual evaluation of judges is extremely diverse. In preparation for this paper, the author attempted to ascertain the situation in the Council of Europe member states. The results of this survey (to which 23 members of the CCJE have replied are listed in Appendix I.The general difficulty of professional evaluation of judges lies in the limits that have to be observed for constitutional reasons. In Germany, the overall rule of every evaluation is that there has to be a reliable factual basis. The evaluator is under a duty not to omit relevant aspects, to consider all the facts that make part of the picture, not to select arbitrarily but to try to paint a true and full picture of the person who is being evaluated. In the case of judges, it is unacceptable to comment on the core of judicial decision-making. Evaluations may be challenged in the administrative court on grounds of fact as well as on grounds of law. En Alemania, con la excepción de las cinco cortes supremas federales, la organización judicial es responsabilidad de los Länder (estados federales. En algunos de estos Länder, se han establecido los denominados perfiles de empleados (“Anforderungsprofile” para la oficina judicial. Estas listas pretenden describir los criterios para determinados cargos judiciales. Se aplican en los procesos de promoción, pero también sirven como un indicador para el nombramiento inicial.El panorama europeo respecto a la evaluación individual de los jueces es muy diverso. Preparando

  7. The Drone Court And Due Process

    Science.gov (United States)

    2016-12-01

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

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

    Science.gov (United States)

    Mahon, J. Patrick

    1979-01-01

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

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

    Science.gov (United States)

    Solomon, Martha

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

  10. 78 FR 51821 - Sentencing Guidelines for United States Courts

    Science.gov (United States)

    2013-08-21

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

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

    African Journals Online (AJOL)

    2013-11-01

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

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

    Science.gov (United States)

    Stephens, D J

    1992-04-01

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

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

    Science.gov (United States)

    Hayman, Robert; Kassouf, George

    1985-01-01

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

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

    Science.gov (United States)

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

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

  15. The Role of Sharia Judges in Indonesia: Between the Common Law and the Civil Law Systems

    OpenAIRE

    Alfitri, Alfitri

    2017-01-01

    This article seeks to analyse the role of Religious Courts' (Pengadilan Agama or PA) Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in ...

  16. Federal Judge Orders Showing of Controversial Film.

    Science.gov (United States)

    Flygare, Thomas J.

    1987-01-01

    Reviews a recent court decision in Nebraska regarding the cancellation of a controversial film on the University of Nebraska campus. The film was cancelled after a state senator threatened to close the theater if the movie was shown. The lawsuit alleged the university violated the First Amendment in cancelling the film; the judge ruled for the…

  17. The "Little Rascals" Cases: A Judge's Perspective.

    Science.gov (United States)

    Reichard, Ruth D.

    1994-01-01

    The Little Rascals Day Care Center case is examined from a judge's perspective, with particular attention to docketing concerns for child sex abuse cases, the use of interdisciplinary teams, the "court school" approach, and issues related to ensuring the defendants are receiving their constitutional right to a speedy trial. (JPS)

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

    Directory of Open Access Journals (Sweden)

    Pamela Ryder-Lahey

    2008-01-01

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

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

    African Journals Online (AJOL)

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

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

    NARCIS (Netherlands)

    Langbroek, Philip|info:eu-repo/dai/nl/070260729; van der Linden - Smith, Tina|info:eu-repo/dai/nl/304847674

    2014-01-01

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

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

    Science.gov (United States)

    1996-09-06

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

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

    Directory of Open Access Journals (Sweden)

    Elisa Resende Bueno Da Fonseca

    2015-12-01

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

  3. Judging the judges' performance in rhythmic gymnastics.

    Science.gov (United States)

    Flessas, Konstantinos; Mylonas, Dimitris; Panagiotaropoulou, Georgia; Tsopani, Despina; Korda, Alexandrea; Siettos, Constantinos; Di Cagno, Alessandra; Evdokimidis, Ioannis; Smyrnis, Nikolaos

    2015-03-01

    Rhythmic gymnastics (RG) is an aesthetic event balancing between art and sport that also has a performance rating system (Code of Points) given by the International Gymnastics Federation. It is one of the sports in which competition results greatly depend on the judges' evaluation. In the current study, we explored the judges' performance in a five-gymnast ensemble routine. An expert-novice paradigm (10 international-level, 10 national-level, and 10 novice-level judges) was implemented under a fully simulated procedure of judgment in a five-gymnast ensemble routine of RG using two videos of routines performed by the Greek national team of RG. Simultaneous recordings of two-dimensional eye movements were taken during the judgment procedure to assess the percentage of time spent by each judge viewing the videos and fixation performance of each judge when an error in gymnast performance had occurred. All judge level groups had very modest performance of error recognition on gymnasts' routines, and the best international judges reported approximately 40% of true errors. Novice judges spent significantly more time viewing the videos compared with national and international judges and spent significantly more time fixating detected errors than the other two groups. National judges were the only group that made efficient use of fixation to detect errors. The fact that international-level judges outperformed both other groups, while not relying on visual fixation to detect errors, suggests that these experienced judges probably make use of other cognitive strategies, increasing their overall error detection efficiency, which was, however, still far below optimum.

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

    Science.gov (United States)

    White, Byron R.

    1984-01-01

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

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

    African Journals Online (AJOL)

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

  6. 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…

  7. 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

  8. Definition of Intellectual Disability in Criminal Court Cases

    Science.gov (United States)

    Olley, J. Gregory

    2013-01-01

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

  9. 20 CFR 405.510 - Claims remanded by a Federal court.

    Science.gov (United States)

    2010-04-01

    ... Federal court remands a claim decided under this part to us for further consideration, the Board may make... law judge. If the Board remands a claim to an administrative law judge, it will send you a notice. ...

  10. 8 CFR 1003.9 - Office of the Chief Immigration Judge.

    Science.gov (United States)

    2010-01-01

    ... matters to be decided by the immigration judges; (4) Evaluate the performance of the Immigration Courts... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Office of the Chief Immigration Judge. 1003... JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Office of the Chief Immigration Judge...

  11. Civil Courts.

    Science.gov (United States)

    Eaneman, Paulette S.; And Others

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

  12. 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…

  13. Status of Court Management in Switzerland

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2012-12-01

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

  14. National Courts and EU Law

    DEFF Research Database (Denmark)

    rights in the area of freedom, security and justice. The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics. With its new legal and empirical assessment covering the newest member states of the EU......This insightful and discerning book offers a fresh discourse on the functioning of national courts as decentralised EU courts and a new thematic for revising some older understandings of how national judges apply EU law. Organised into three key sections, the interdisciplinary chapters combine...... approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental...

  15. 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.

  16. Court-authorised deprivation of liberty.

    Science.gov (United States)

    Griffith, Richard

    2015-01-01

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

  17. JudgeD: a probabilistic datalog with dependencies

    NARCIS (Netherlands)

    Wanders, B.; van Keulen, Maurice; Flokstra, Jan

    2016-01-01

    We present JudgeD, a probabilistic datalog. A JudgeD program defines a distribution over a set of traditional datalog programs by attaching logical sentences to clauses to implicitly specify traditional data programs. Through the logical sentences, JudgeD provides a novel method for the expression

  18. 32 CFR 935.61 - Wake Island Court.

    Science.gov (United States)

    2010-07-01

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

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

    DEFF Research Database (Denmark)

    Mayoral, Juan A.; Wind, Marlene

    2016-01-01

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

  20. Creating EU law judges

    DEFF Research Database (Denmark)

    Mayoral Diaz-Asensio, Juan Antonio; Jaremba, Urszula; Nowak, Tobias

    2014-01-01

    The judicial protection system in the European Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU law, and the preliminary ruling procedure....... However, a number of studies show that national judges experience difficulties in exercising EU competences due to their lack of knowledge in the field of EU law. In this contribution we study the differences in the level of self-evaluation of EU law knowledge among judges, which consequently influence...... the way judges approach EU law. For that purpose we question the relevance of several institutional and socio-legal factors, such as organization of the judiciary, generation, the system of legal education and judicial training and practical experience with EU law. Our analysis is based on data collected...

  1. The Unified Patent Court (UPC) in Action

    DEFF Research Database (Denmark)

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

    2015-01-01

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

  2. COURT INTERPRETING AT DENPASAR COURT

    Directory of Open Access Journals (Sweden)

    Ida Ayu Made Puspani

    2012-11-01

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

  3. Past and Future for Management of Courts

    Directory of Open Access Journals (Sweden)

    Bert Maan

    2009-08-01

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

  4. The Strategic Options of Supreme Audit Institutions

    DEFF Research Database (Denmark)

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

    2017-01-01

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

  5. Features and Functions of Supreme Audit Institutions

    OpenAIRE

    Rick Stapenhurst; Jack Titsworth

    2001-01-01

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

  6. Financial security of military judges in South Africa | Tshivhase ...

    African Journals Online (AJOL)

    The status of military courts within the South African judicial system is uncertain. This uncertainty makes it challenging to determine the acceptable degree of their independence, including determining the acceptable basic financial security of military judges. In Van Rooyen v The State (2002) 5 SA 246 (CC), the ...

  7. Preferences for School Finance Systems: Voters versus Judges.

    Science.gov (United States)

    Campbell, Colin D.; Fischel, William A.

    1996-01-01

    A theory that urges judges to decide that locally financed school systems are unconstitutional holds that courts must implement reforms because the legislative process is dominated by property-rich communities. However, the defeat of a New Hampshire gubernatorial candidate who advocated such reforms contradicts the theory. (JOW)

  8. Domestic abuse : even the judges are getting it wrong

    OpenAIRE

    Dubrow-Marshall, LJ; Dubrow-Marshall, R

    2017-01-01

    A judge in a recent court case involving domestic abuse stated that the victim of abuse had not been vulnerable because of her university education and circle of supportive friends. The authors comment on the nature of coercive control, and the lack of understanding about the universal vulnerability to domestic abuse, which is not mitigated by education or social support.

  9. 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...

  10. Court Governance in Context: Beyond Independence

    Directory of Open Access Journals (Sweden)

    Tin Bunjevac

    2011-12-01

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

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

    Index Scriptorium Estoniae

    2013-01-01

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

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

    Science.gov (United States)

    Lederman, Cindy S

    2011-09-01

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

  13. 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…

  14. The Relevance of Criminal Courts in the Global South

    Directory of Open Access Journals (Sweden)

    Pablo Leandro Ciocchini

    2017-12-01

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

  15. 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…

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

    Science.gov (United States)

    Gill, Robert Lewis

    1978-01-01

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

  17. 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 ...

  18. 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…

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

    Science.gov (United States)

    Fields, Cheryl M.

    1987-01-01

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

  20. The Judge on Facebook

    Directory of Open Access Journals (Sweden)

    Paul van den Hoven

    2015-07-01

    Full Text Available In many social realms, social media are employed by institutions to establish direct relations between ‘key agents’ and their clients or customers. In this article I explain why as yet the civil law judge cannot be expected to start using social networking sites to advance the transparency of the judicial decision-making process in a relatively open, form-free interaction with his or her ‘clients’. This explanation is grounded on the hybrid character of social networking sites. On the one hand, these sites are direct, interactive, informal, and personalized media; but on the other, they are public and basically permanent. Their direct, interactive, informal and personalized character is highly compatible with the multimodal, network-embedded, form-free self-representation of the modern judge in the courtroom. However, their public and permanent character manifests in the second performance of a judge, being held publicly and permanently accountable for what is decided. This performance is characterized by a unimodal, ‘punctualized’, formal self-representation. Referring to the work of legal sociologists as well as discourse scholars, it is underlined how much this public judicial self-representation is part of a persistent ritual that renders it incompatible with direct, interactive, informal and personalized communication. The hybrid character of social media does not allow judges to utilize them to act as key-agents: to open up the ‘backstage area’ to reveal the actual dynamics of the decision-making process, and to transparently connect the judicial performance in the courtroom session with the second performance when issuing a decision.

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

    Directory of Open Access Journals (Sweden)

    曾品傑 Pin-Chieh Jseng

    2012-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Norman Meyer

    2014-06-01

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

  3. Evaluating judge performance in sport.

    Science.gov (United States)

    Looney, Marilyn A

    2004-01-01

    Many sports, such as, gymnastics, diving, ski jumping, and figure skating, use judges' scores to determine the winner of a competition. These judges use some type of rating scale when judging performances (e.g., figure skating: 0.0 - 6.0). Sport governing bodies have the responsibility of setting and enforcing quality control parameters for judge performance. Given the judging scandals in figure skating at the 1998 and 2002 Olympics, judge performance in sport is receiving greater scrutiny. The purpose of this article is to illustrate how results from Rasch analyses can be used to provide in-depth feedback to judges about their scoring patterns. Nine judges' scores for 20 pairs of figure skaters who competed at the 2002 Winter Olympics were analyzed using a four-faceted (skater pair ability, skating aspect difficulty, program difficulty, and judge severity) Rasch rating scale model that was not common to all judges. Fit statistics, the logical ordering of skating aspects, skating programs, and separation indices all indicated a good fit of the data to the model. The type of feedback that can be given to judges about their scoring pattern was illustrated for one judge (USA) whose performance was flagged as being unpredictable. Feedback included a detailed description of how the rating scale was used; for example, 10% of all marks given by the American judge were unexpected by the model (Z > |2|). Three figures illustrated differences between the judge's observed and expected marks arranged according to the pairs' skating order and final placement in the competition. Scores which may represent "nationalistic bias" or a skating order influence were flagged by looking at these figures. If sport governing bodies wish to improve the performance of their judges, they need to employ methods that monitor the internal consistency of each judge as a many-facet Rasch analysis does.

  4. Judging the Judges: finding value in these problematic characters

    Directory of Open Access Journals (Sweden)

    L R Martin

    2008-05-01

    Full Text Available The biblical judges are well known for their less than exemplary behaviour. In the past, these judges have been appreciated largely as examples of how a charismatic leader should not behave. In spite of the judges� questionable morals, the writer of the book of Hebrews commends four of them (Barak, Gideon, Jephthah, and Samson for their faith. This paper evaluates these judges in light of their characterisations in the book of Hebrews and in the book of Judges and suggests that our struggle with the judges parallels the contemporary integrity crisis in Christian leadership.

  5. Introduction: Not Enough Judges

    Directory of Open Access Journals (Sweden)

    Avrom Sherr

    2017-12-01

    Full Text Available This is an Introduction, and Comment on the series presented here as "Not Enough Judges", arising out of a workshop in Oñati in 2016. The workshop intended to expose and begin to understand the general claims regarding the scarcity of judges and its consequences which appeared as an important issue in a number of jurisdictions. The concerns are that citizens and organizations may be denied access to justice; parties may suffer delays of justice; prosecutors may decline to prosecute more cases (Crystal S. Yang, Justice Vacated? The Impact of Judicial Vacancies on Prosecutorial Behavior; judges may become overworked etc. (Keren Weinshall-Margel et al., Case Weights for the Assessment of Judicial Workloads in Israel. This collection brings together the papers of the workshop which investigated whether there is substance to these claims and whether it is possible to assess the severity of the problem. The intention of the workshop was to seek out the sources of the problem; establish its social price; and propose solutions. Esta introducción se adjunta a un comentario presentado en forma de artículo en el seminario Too Few Judges? Dicho artículo cuestionaba la afirmación de que los jueces son esenciales para la justicia, y que, por tanto, carecer de suficientes jueces disminuye la accesibilidad y el acceso a la justicia. El comentario cuestiona el coste y el valor del derecho judicial, si acaso los jueces hacen el trabajo que suponemos que hacen, cumplen con su obligación de garantizar la justicia, son siempre independientes y justos, y si son siempre capaces de llegar a conclusiones justas. Este cuestionamiento no pretende criticar a ningún juez, sino más bien considerar la naturaleza y limitaciones de la función decisoria de los jueces. Está enteramente aceptado que algunos elementos de la función judicial son esenciales para el progreso del derecho, la defensa del individuo frente al Estado, y la certeza del derecho y las relaciones

  6. 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.

  7. Judge lets plaintiff use pseudonym in 'regarded as' case.

    Science.gov (United States)

    1998-10-30

    U.S. District Judge Laonie [name removed]. Brinkema is permitting an HIV-negative patient to use a pseudonym in her lawsuit against a Virginia obstetrician-gynecologist. The judge warned Dr. [name removed] W. [Name removed] and his lawyer that they would be facing sanctions if they continued using the patient's real name in court filings, which are often public record. Dr. [name removed] refused to treat the patient because her husband is HIV-positive and has threatened to disclose the husband's HIV status. The patient and her husband have concerns about the husband's health status being disclosed. The judge also rejected the doctor's contention that a private medical practice is not covered under the American with Disabilities Act (ADA), stating that the ADA specifically includes professional health offices as public accommodations.

  8. Judges Awareness, Understanding, and Application of Digital Evidence

    Directory of Open Access Journals (Sweden)

    Gary C Kessler

    2011-03-01

    Full Text Available As digital evidence grows in both volume and importance in criminal and civil courts, judges need to fairly and justly evaluate the merits of the offered evidence. To do so, judges need a general understanding of the underlying technologies and applications from which digital evidence is derived. Due to the relative newness of the computer forensics field, there have been few studies on the use of digital forensic evidence and none about judges’ relationship with digital evidence.This paper describes a recent study, using grounded theory methods, into judges’ awareness, knowledge, and perceptions of digital evidence. This study is the first in the U.S. to examine judges and digital forensics, thus opening up a new avenue of research. It is the second time that grounded theory has been employed in a published digital forensics study, demonstrating the applicability of that methodology to this discipline.

  9. 8 CFR 1003.11 - Administrative control Immigration Courts.

    Science.gov (United States)

    2010-01-01

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

  10. the south african military court system – independent, impartial and ...

    African Journals Online (AJOL)

    Administrator

    re-evaluate this statement in light of the foreign decisions as it is submitted that the independence of the military court judges, with the exception of the CMA, is not be above reproach in light of the test for independence discussed above. 66 Cooper par 119-126. 67 Cooper par 133. 68 Grieves par 75 as read with par 89.

  11. Jury Toughness: The Impact of Conservatism on Criminal Court Verdicts.

    Science.gov (United States)

    Levine, James P.

    1983-01-01

    Compared criminal court verdicts after trials with and without juries. A study of 58,336 trials of persons charged with felonies showed that juries convict substantially more often than judges trying cases alone. Jury toughness is seen as a response to the growth of popular conservatism on criminal justice issues. (JAC)

  12. 29 CFR 785.25 - Illustrative U.S. Supreme Court decisions.

    Science.gov (United States)

    2010-07-01

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

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

    Science.gov (United States)

    Russo, Charles J.

    2007-01-01

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

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

    National Research Council Canada - National Science Library

    Allen, Kathryn

    2001-01-01

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

  15. 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

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

    Science.gov (United States)

    Herzog, Alexander John

    2010-01-01

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

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

    Science.gov (United States)

    2015-01-01

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

  18. 160 | P a g e LEGAL HERMENEUTICS OF THE SUPREME COURT ...

    African Journals Online (AJOL)

    Fr. Ikenga

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

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

    Science.gov (United States)

    Betteridge, Glenn

    2006-12-01

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

  20. Procedural Justice in Dutch Administrative Court Proceedings

    Directory of Open Access Journals (Sweden)

    André Verburg

    2014-11-01

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

  1. Court limits claims alleging false rumor of AIDS.

    Science.gov (United States)

    1996-11-29

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

  2. The International Criminal Court

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

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

  3. International Courts and Tribunals

    NARCIS (Netherlands)

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

    2010-01-01

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

  4. Genetics in the courts

    Energy Technology Data Exchange (ETDEWEB)

    Coyle, Heather; Drell, Dan

    2000-12-01

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

  5. Performance Assessment in Courts - The Swiss Case

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2014-12-01

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

  6. First experience of programming a court decision

    Directory of Open Access Journals (Sweden)

    Sergey B. Polyakov

    2017-06-01

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

  7. Judge-Only” Justice V. Collaborators: Introduction

    Directory of Open Access Journals (Sweden)

    Maria Cristina Reale

    2011-12-01

    Full Text Available Who and how many are the collaborators of judges? The answer may differ according to the perspective under which Justice is considered. In this introduction, and in the light of the papers submitted in the first session of the workshop, a distinction is proposed between “direct” and “indirect” collaborators of judges, according to the side of Justice observed. If Justice is confined simply to the classical function performed by courts, i.e. deciding cases according to the law, it seems quite obvious to remark that judges never act alone, since they normally benefit from the help of different kinds of assistants who, at different levels, help them in their daily work. But when paying attention to the facet of Justice concerning the concrete enforcement of decision, it becomes inevitable to take into account different categories of subjects involved in the “administration” of justice. Under this second perspective, justice is a matter for everyone: not only judges and prosecutors, but other professionals and bodies, including also Governments and other public institutions, since their decisions concerning, for example, human and material resources assigned to the judicial system have inevitably an impact on Justice considered as a public service. Lastly, the aptitude of the public opinion cannot be ignored: the degree of public satisfaction with the judicial system may influence the demand of justice as well as its material functioning. Accordingly, even common citizens could be seen as a very peculiar sort of “collaborators” of judges.

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

    OpenAIRE

    Koncewicz, Tomasz Tadeusz

    2018-01-01

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

  9. Good Faith in Life Insurance Contract by Indonesian Court

    Directory of Open Access Journals (Sweden)

    Mokhamad Khoirul Huda

    2017-03-01

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

  10. Rifkin and NIH win in court ruling.

    Science.gov (United States)

    Sun, M

    1985-03-15

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

  11. Civil Justice: Lay Judges in the EU Countries

    Directory of Open Access Journals (Sweden)

    Stefan Machura

    2016-06-01

    Full Text Available Lay judges fulfill important functions for the justice system of a country. In the European Union member states, scholars have analysed the use of lay judges in criminal cases. However, little is known about lay participation in civil justice. The paper introduces commonly cited reasons to have lay judges as well as the principal forms of lay participation and then surveys the EU countries for its implementation in civil cases. Mixed tribunals, involving lay judges under the leadership of a professional judge, are relatively frequent. Several countries have special labour courts or commercial courts with lay members and others have single lay judges, or all-lay judge panels. Roughly a third of the 28 EU member states have no lay participation in civil justice but only three of those have no lay judges in any branch of the courts. Almost all the reasons for including lay decision makers are served somehow by the existing forms, including providing different experiences and perhaps expert knowledge. The article concludes, citing non-EU states and lay participation in criminal and administrative courts as further evidence, that lay judges in one form or another are an element of European legal systems. Los jueces legos cumplen funciones importantes para el sistema de justicia de un país. En los Estados miembro de la Unión Europea, académicos han analizado el uso de jueces legos en casos criminales. Sin embargo, se sabe poco acerca de la participación de los legos en la justicia civil. El artículo presenta las razones que habitualmente se citan para tener jueces legos, así como las formas principales de la participación de legos, para a continuación medir su implementación en casos civiles en los países de la Unión Europea. Son relativamente frecuentes los tribunales mixtos, en los que participan jueces legos, bajo la dirección de un juez profesional. Varios países tienen tribunales laborales especiales o tribunales comerciales con

  12. HUD Administrative Law Judges Decisions

    Data.gov (United States)

    Department of Housing and Urban Development — This site contains substantive and precedential decisions issued by the Office of Administrative Law Judges. The site does not contain subsequent rulings or...

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

    Directory of Open Access Journals (Sweden)

    Ion Stegaroiu

    2016-07-01

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

  14. Authorship in cases of organized irresponsibility: a proposal for systematization of the criteria of the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Lucas Nogueira Garcez

    2014-03-01

    Full Text Available Established in 2002, the International Criminal Court was the first permanent court with jurisdiction to investigate and judge crimes against humanity. Although recent, the Court has a significant number of precedent cases, in which it has set criteria to define perpetrators and acessories. The critical evaluation of the choices of a Court depends firstly on having a general view of which are those choices. This essay analy- ses and systematizes, by a decision diagram, the criteria established in the precedents of the International Criminal Court to define perpetrators and acessories.

  15. Judicial process , Taxation and Competition : The Judged Thing and its termination in the New CPC

    Directory of Open Access Journals (Sweden)

    Rogerio Mollica

    2016-05-01

    Full Text Available The emphasis on binding legal precedents imposes the creation of efficient ways to review decisions that are res iudicata before the pacification of the jurisprudence by the Superior Courts. Being elapsed the term of two years for the rescinding action, there are doubts about the revision of those contrary to the jurisprudence decisions on the terms of article 505, I of the new Code of Civil Procedure (BCCP. Alternatively, the New Code of Civil Procedure aimed to solve the problem, with a new term to fill the Rescissory Action, in the case of res iudicata were contrary to the understanding of the Supreme Court. This problem is very current on the taxation realm with the edition of the Normative Opinion n. 492/2011 of the General Attorneys Office for Fiscal Affairs, which foresees the automatic set aside of the res iudicata that were contrary to the understanding of the Supreme Court. The revision of this res iudicata maybe also important to the maintenance of the competition of a free market, as if only a company possesses a decision that exempts it of the payment of a specific tax, this company will have a great advantage in face of its competitors and this would create disequilibrium in the market.

  16. 8 CFR 1003.24 - Fees pertaining to matters within the jurisdiction of an immigration judge.

    Science.gov (United States)

    2010-01-01

    ... jurisdiction of an immigration judge. 1003.24 Section 1003.24 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Immigration Court-Rules of Procedure § 1003.24 Fees pertaining to matters within the jurisdiction of an...

  17. On the record with Judge Kate O'Regan | van der Spuy | South ...

    African Journals Online (AJOL)

    In August 2012 Kate O'Regan, a former judge of the South African Constitutional Court, was appointed by the premier of the Western Cape to head the Commission of Inquiry into Allegations of Police Inefficiency and a Breakdown in Relations between SAPS and the Community in Khayelitsha. Two years later, on 25 August ...

  18. Offenders, Judges, and Officers Rate the Relative Severity of Alternative Sanctions Compared to Prison

    Science.gov (United States)

    Moore, Nathan T.; May, David C.; Wood, Peter B.

    2008-01-01

    Recent work suggests that offenders rate several alternatives as more severe than imprisonment. We build on this literature by comparing punishment exchange rates generated by criminal court judges with rates generated by offenders and their supervising officers. Findings reveal that none of the three groups rates prison as the most severe…

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

    Directory of Open Access Journals (Sweden)

    Peter H. Solomon

    2008-10-01

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

  20. THE INDEPENDENCE OF SOUTH AFRICAN JUDGES: A CONSTITUTIONAL AND LEGISLATIVE PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Lunga Siyo

    2015-11-01

    Full Text Available Judicial independence is fundamental to democracy. It is in that context that this paper considers whether the existing constitutional and legislative mechanisms provide sufficient judicial independence to South African judges. In so doing, the paper focuses on impartiality, judicial appointments and security of tenure. It also discusses the sensitive matter of complaints and disciplinary proceedings against judges and their removal from office. The issue of the remuneration of judges is also explored. In discussing the challenges facing judicial independence some incidents that have appeared to compromise such independence are highlighted. These include the controversial appointments of Advocate Mpshe as an acting judge in the North West Province in 2010 and Judge Heath as the Head of the Special Investigative Unit (SIU in 2011. The never-ending controversy surrounding the Cape Judge President John Hlophe and his alleged attempts to improperly influence two Constitutional Court judges in a case involving President Jacob Zuma is also highlighted. Another issue that has brought judicial independence into sharp focus is the June 2015 visit to South Africa of Sudan's President Omar al-Bashir, who was on a warrant of arrest from the International Criminal Court (ICC for genocide and war crimes in the Darfur region of Sudan. A decision by the North Gauteng High Court on his presence in South Africa and the attacks on the judiciary made by various government officials as a result are discussed. Several conclusions are drawn but in the main, it is generally concluded that the constitutional and legislative framework adopted by South Africa sufficiently insulates judges from improper influence. However, there have been several notable challenges that particularly relate to judicial appointments and how the JSC has handled certain matters. Irresponsible and uninformed political statements by politicians and unwarranted political attacks on the judiciary

  1. Appeals court reverses verdict favoring drug companies.

    Science.gov (United States)

    1995-06-02

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

  2. 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.

  3. Penal mediation service in a Basque urban local court

    Directory of Open Access Journals (Sweden)

    Ixusko Ordeñana Gezuraga

    2011-12-01

    Full Text Available In the debate on ways to obtain justice, the writer, lecturer of Jurisdictional Law -the branch of Law that studies the performance of judges in exercising their judicial function-, defends strongly, in line with the global movement Alternative Dispute Resolution (ADR, that jurisdiction -understanding this one as judges that act in Spanish courts and the function that the latter develop there-, is not the only mechanism for resolving legal disputes. It is not the only way citizens have to obtain justice. Neither the only mechanism that recognizes and provides the State in order to. This statement can be specifically applied to criminal disputes, to crimes or offenses and misdemeanours. Developing this idea, next lines we intend to study in depth penal mediation as extrajurisdictional formula or way to solve penal disputes. After looking at its genesis, basis and development in the Spanish legal system, we are analyzing how a penal mediation service works in a Basque urban local court.

  4. Domestic Violence Protective Orders: A Qualitative Examination of Judges' Decision-Making Processes.

    Science.gov (United States)

    Agnew-Brune, Christine; Beth Moracco, Kathryn E; Person, Cara J; Bowling, J Michael

    2015-06-17

    Approximately one in three women in the United States experience intimate partner violence (IPV). IPV is associated with long-term negative health consequences; therefore, there is a need to examine potential prevention strategies. Evidence suggests that domestic violence protective orders (DVPOs), a legal intervention that prevents contact between two parties for up to 12 months, are an effective secondary prevention tool. However, because judges have relative autonomy in granting or denying DVPOs, research is needed to examine the processes they use to guide their decisions. The aim of the study was to investigate how District Court judges decide whether to issue a DVPO. Using in-depth interviews with 20 North Carolina District Court judges, the present study addressed three research questions: (a) what factors influence judges' decisions to grant or deny a DVPO, (b) what heuristics or cognitive shortcuts potentially guide their decisions, and (c) what judges worry about when making decisions. Three themes emerged from the data analyses: (a) violent incidents must reach a certain threshold, (b) the presence of children creates competing concerns, and (c) judges worry about the negative impact their decisions may have on the lives of those involved. Recommendations for improving the DVPO issuance process are also discussed. © The Author(s) 2015.

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

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2014-05-01

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

  6. 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

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

    African Journals Online (AJOL)

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

  8. Justice, Accountability and Social Reconstruction: An Interview Study of Bosnian Judges and Prosecutors

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree; Fletcher, Laurel; Weinstein, Harvey

    2000-01-01

    This study of judges and prosecutors in Bosnia and Herzegovina (hereinafter "BiH") is the first report in a multi-year study undertaken by the University of California, Berkeley, Human Rights Center regarding the relationship between justice, accountability and reconstruction in the former...... the economy, to ensure fairness and accountability in judicial proceedings and to prosecute war criminals. ... Only one Bosnian Serb legal professional stated unequivocally that the Constitution of Bosnia and Herzegovina was the supreme law of the land. ... If all sides to the conflict are equally guilty...

  9. Who decides? The decision-making process of juvenile judges concerning minors with mental disorders.

    Science.gov (United States)

    Cappon, Leen

    2016-01-01

    Previous research on juvenile judges' decision-making process has neglected the role of the different actors involved in judicial procedures. The decision can be considered as a result of information exchange between the different actors involved. The process of making a decision is equally important as the decision itself, especially when the decision considers minors with mental disorders. The presence and the type of interaction determine the information available to the juvenile judges to make their final decision. The overall aim of this study is to gain insight into the role of all actors, including the juvenile judge, in the juvenile judge's decision-making process in cases relating to minors with mental disorders. Semi-structured interviews were carried out with professional actors (n=32), minors (n=31) and parents (n=17). The findings indicated that the judge's decision is overall the result of an interaction between the juvenile judge, the social services investigator and the youth psychiatrist. The other professional actors, the minors and the parents had only a limited role in the decision-making process. The research concludes that the judge's decision-making process should be based on dialogue, and requires enhanced collaboration between the juvenile court and youth psychiatrists from mental health services. Future decision-making research should pay more attention to the interactions of the actors that guide a juvenile judge's decision. Copyright © 2016 Elsevier Ltd. All rights reserved.

  10. On the Right for Lawful Court in Investigation and Search Activities

    Directory of Open Access Journals (Sweden)

    Chechetin A. E.

    2012-05-01

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

  11. 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.

  12. Mapping Judicial Dialogue across National Borders: An Exploratory Network Study of Learning from Lobbying among European Intellectual Property Judges

    Directory of Open Access Journals (Sweden)

    Emmanuel Lazega

    2012-05-01

    Full Text Available This paper looks at dialogue and collective learning across borders through personal networks of judges. We focus on judges participating in the Venice Forum, bringing together European patent judges involved in institutional lobbying for the construction of a European Patent Court. Empirical observation shows that personal networks of discussion with foreign judges, reading of their work and references to their decisions do exist in this milieu and can be mapped. Our network study shows that judges from some European countries are more active in this dialogue than judges from other countries. The learning process is driven, to some extent, by a small subset of super-central judges who frame this dialogue and can be considered to be opinion leaders in this social milieu. We measure a strong level of consensus among the judges on several controversial issues surrounding the procedure of a possible future European Patent Court. But strong differences between them remain. Dialogue and collective learning do not, by themselves, lead to convergence towards a uniform position in these controversies.

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

    Directory of Open Access Journals (Sweden)

    Nikolai V. Azarenok

    2016-11-01

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

  14. The need for scientists and judges to work together: regarding a new European network

    Science.gov (United States)

    Santosuosso, Amedeo; Redi, Carlo Alberto

    2003-01-01

    Is it always true to say that science is, by definition, universal whilst laws and the courts which apply them are a classic state and national expression? Yes and no. In recent years a new scenario has opened all over the world. Courts intervene more and more in disputes on matters related to scientific procedures in the biological field. In doing so the courts' decisions are affected by scientific issues and ways of reasoning and, on the other hand, affect the scientific field and its way of reasoning. While the old matter of bioethics was still alive and while judges were improving their skill in dealing with hard matters, like refusal of medical treatments, abortion, euthanasia et cetera, a new challenge appeared on the horizon, the challenge of biological sciences, and especially of the most troubled field of human genetics. A completely new awareness is developing among judges that they belong to an international judiciary community, as informal as it is real. Such a community is, even at an embryonic stage, sufficiently universal to be able to come together with the international scientific community. The authors maintain we are in urgent need for new interaction between judges and scientists and of new international means in the light of such cooperation. Judges and jurists need to become better acquainted with scientific questions and learn to exchange ideas with scientists. They also need to set themselves against the latters' conceptual systems and be willing to put their own up for discussion. A European Network for Life Sciences, Health and the Courts is taking its first steps, and judges and scientists are working side by side to tackle the new challenges. The provisional headquarters are located at the University of Pavia (I), Laboratorio di Biologia dello Sviluppo and Collegio Ghislieri (e-mail:. enlsc@unipv.it). ENLSC activity is inspired by the following idea: to be against science is as much antiscientific as to be acritically pro-science. PMID

  15. The need for scientists and judges to work together: regarding a new European network.

    Science.gov (United States)

    Santosuosso, Amedeo; Redi, Carlo Alberto

    2003-07-01

    Is it always true to say that science is, by definition, universal whilst laws and the courts which apply them are a classic state and national expression? Yes and no. In recent years a new scenario has opened all over the world. Courts intervene more and more in disputes on matters related to scientific procedures in the biological field. In doing so the courts' decisions are affected by scientific issues and ways of reasoning and, on the other hand, affect the scientific field and its way of reasoning. While the old matter of bioethics was still alive and while judges were improving their skill in dealing with hard matters, like refusal of medical treatments, abortion, euthanasia et cetera, a new challenge appeared on the horizon, the challenge of biological sciences, and especially of the most troubled field of human genetics. A completely new awareness is developing among judges that they belong to an international judiciary community, as informal as it is real. Such a community is, even at an embryonic stage, sufficiently universal to be able to come together with the international scientific community. The authors maintain we are in urgent need for new interaction between judges and scientists and of new international means in the light of such cooperation. Judges and jurists need to become better acquainted with scientific questions and learn to exchange ideas with scientists. They also need to set themselves against the latters' conceptual systems and be willing to put their own up for discussion. A European Network for Life Sciences, Health and the Courts is taking its first steps, and judges and scientists are working side by side to tackle the new challenges. The provisional headquarters are located at the University of Pavia (I), Laboratorio di Biologia dello Sviluppo and Collegio Ghislieri (e-mail: enlsc@unipv.it). ENLSC activity is inspired by the following idea: to be against science is as much antiscientific as to be acritically pro-science.

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

    Science.gov (United States)

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

    2011-01-01

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

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

    Directory of Open Access Journals (Sweden)

    NEVES JÚNIOR, Idalberto Jose das

    2013-06-01

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

  18. DISPARITY OF PUNISHMENT AT THE COURT OF THE CRIME OF CORRUPTION

    Directory of Open Access Journals (Sweden)

    Arifuddin -

    2015-07-01

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

  19. The Role of Sharia Judges in Indonesia: Between The Common Law and The Civil Law Systems

    Directory of Open Access Journals (Sweden)

    Alfitri

    2017-12-01

    Full Text Available This article seeks to analyse the role of Religious Courts’ (Pengadilan Agama or PA Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in the common law system. Thus, they are appointed from a new graduate of law/sharia faculty and then trained, inter alia, to apply and/or interpret applicable laws (legislation; and not to make the law itself. However, on the basis of secondary data analysis, studies on the ijtihad of PA Judges reveal that they are no longer only fixated on the provisions of statutes in deciding cases. They also make laws, cases in point are the Compilation of Islamic Law (KHI and the Compilation of Sharia Economic Law (KHES, do ijtihad on the books of fiqh which became the basis for the drafting of Islamic legislation in Indonesia. Some of them even do direct ijtihad from Sharia sources, namely the Qur'an and Hadith. This condition is arguably more in accordance with the character of judges (qadis in Islamic history which on a certain level similar to the role of judges in common law system.

  20. 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.

  1. 8 CFR 1003.10 - Immigration judges.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Immigration judges. 1003.10 Section 1003.10 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Office of the Chief Immigration Judge § 1003.10 Immigration judges...

  2. 13 CFR 134.218 - Judges.

    Science.gov (United States)

    2010-01-01

    ... Administrative Law Judge. The AA/OHA will assign all other cases before OHA to either an Administrative Law Judge... Business Credit and Assistance SMALL BUSINESS ADMINISTRATION RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS Rules of Practice for Most Cases § 134.218 Judges. (a) Assignment. The AA...

  3. The Prominent Role of National Judges in Interpreting the International Definition of Human Trafficking

    Directory of Open Access Journals (Sweden)

    Luuk B Esser

    2016-05-01

    Full Text Available Although there has been much discussion of the scope of the concept of human trafficking in international literature, the part played by national courts in interpreting definitions based on the international definition of human trafficking in the UN Trafficking Protocol has received little attention. When a judge interprets an offence, he or she clarifies or adds new meaning to it. The space for this is even greater when the underlying definition is broadly formulated, as in the case of the international definition of human trafficking. This article demonstrates that, although this international definition establishes the outer parameters within which conduct must be made a criminal offence, domestic courts still have room to flesh out the definition in national contexts. The role of national judges needs more consideration in today’s discourse on the legal definition of human trafficking.

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

    Directory of Open Access Journals (Sweden)

    Cate Sumner

    2011-12-01

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

  5. Separate Opinion and their repercussion over the independence of the international judge

    Directory of Open Access Journals (Sweden)

    Jiří Malenovský

    2011-01-01

    Full Text Available Significant discrepancies in the determination of the scope of the obligation of secrecy of deliberations by various international tribunals have led to the fact that some international judges are endowed with the right to a separate opinion, while others do not enjoy it. Taking into account the role and missions of the international judiciary, international judges should be given a right to separate opinions, like common law judges and many constitutional judges. Nevertheless, such analogies played only a marginal role in the preparatory works on the Statute of the Permanent Court of International Justice in 1920. Indeed, it seemed politically unacceptable to the States that the legal opinion of an international judge, personifying them and their sovereign power within the court, should be condemned to anonymity by virtue of the principle of secrecy of deliberations, due only to the "technical" fact that such an opinion has been outweighed by the majority at the moment of voting on the draft judgment. There is a permissive rule of general International Law guaranteeing an autonomous power to the international judiciary to lay down, in the rules of procedure of any international court, the right to separate opinion, even if such a right is not expressly provided for by its statute or other constituting treaty. The aforementioned rule is presumed to apply unless it can be deduced from the behaviour of the founding States that they wished to derogate from it. The right to separate opinions can also be analysed from the perspective of judges' right to freedom of expression. In accordance with this freedom, an international judge can feel free to demonstrate systematically, in the form of separate opinions, the intellectual weaknesses of the majority views and reasoning, subject to avoiding offensive style and formulations. Such a form of expression is presumed to cause no harm to the authority of the judiciary. If some positive effects of absence

  6. Chinese court case fiction

    DEFF Research Database (Denmark)

    Hansen, Kim Toft

    2011-01-01

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

  7. Intercultural pragmatics and court interpreting

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2008-01-01

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

  8. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of political change? This book examines the ability of the Court of Justice of the European Union (CJEU......) to foster political change for a European Union (EU) social policy, including healthcare. The conventional assumption is that a strong causal link exists between legal and political integration in the EU, in which Court rulings progress and shape European integration. The book challenges this view...

  9. Bavarian Constitutional Court, decision of August 14, 1987 (Referendum on sites of nuclear installations)

    International Nuclear Information System (INIS)

    Anon.

    1987-01-01

    In the dissenting opinion of one of the judges of the Bavarian Constitutional Court concerning the decision of August 14, 1987, the Land Bavaria has a competence according to the constitution to decide about sites of nuclear installations. Hence it follows that a referendum on this problem has to be permitted. (CW) [de

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

    NARCIS (Netherlands)

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

    2006-01-01

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

  11. 29 CFR 1980.114 - District Court jurisdiction of discrimination complaints.

    Science.gov (United States)

    2010-07-01

    ... complainant may bring an action at law or equity for de novo review in the appropriate district court of the... COMPLAINTS UNDER SECTION 806 OF THE CORPORATE AND CRIMINAL FRAUD ACCOUNTABILITY ACT OF 2002, TITLE VIII OF... the administrative law judge or the Board, depending upon where the proceeding is pending, a notice of...

  12. The Courts' View of Good Conduct Rules for High School Student Athletes.

    Science.gov (United States)

    Bartlett, Larry D.

    1993-01-01

    Reviews court rulings on the issue of school authority over out-of-school conduct of student athletes and others involved in extracurricular activities. Questions why good conduct rules can be so easily justified to the satisfaction of judges, although the problems with which they are designed to deal continue to exist and grow. (MLF)

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

    Science.gov (United States)

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

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

  14. Department B. of the Court of Cassation in Novi Sad (1920-1941

    Directory of Open Access Journals (Sweden)

    Drakić Gordana

    2013-01-01

    Full Text Available Department B. of the Court of Cassation was established in 1920 upon decision of the Ministerial Council of the Kingdom of Serbs, Croats and Slovenes. Special Regulation on the Organization of the Department B. of the Belgrade Court of Cassation in Novi Sad was passed on September 17, 1920. Department B. of the Court of Cassation in Novi Sad started operations in February 1921. This judicial body was tasked to address legal issues, but also to organize legal life in the territory of Vojvodina. In 1930, a special law was passed which prescribed relocation of seat of the Department B. of the Court of Cassation from Novi Sad to Sombor. The Presidency of the Department B. had responsibility to make the necessary arrangements in order to provide the conditions for the transfer of judges, court staff, their families, and also court inventory. However, relocation of the seat of the Department B. of the Court of Cassation wasn't conducted. In the archives there is no data on the reasons that had contributed to the fact that the law on relocation of the Department B. wasn't implemented in practice. Establishment and operation of the Department B. of the Court of Cassation in Novi Sad had a great significance for the consolidation of judicial circumstances in the territory of Vojvodina between the two world wars.

  15. “If it doesn’t make sense it’s not true”: how Judge Judy creates coherent stories through ‘common sense’ reasoning according to the neoliberal agenda.

    NARCIS (Netherlands)

    van der Houwen, F.

    2015-01-01

    This study examines the American court show Judge Judy. Drawing on both conversation analysis and critical discourse analysis, this paper aims to show how ideological assumptions about how to be a “good citizen” manifest themselves at a turn-by-turn level in the interactions on Judge Judy and how

  16. Let’s Talk About Same Sex: How Social Workers Can Make Judges Listen

    Directory of Open Access Journals (Sweden)

    Stephanie K. Boys

    2010-09-01

    Full Text Available Researchers have created a diverse toolbox of literature reporting that same sex cohabitating relationships are strikingly similar to heterosexual marriages in amicus curiae briefs submitted to the courts. However, judges are trained to fit information into legal frameworks and to ignore data that does not fit the rhetoric of a case. The following article aims to fit existing data on same sex relationships into the framework judges will use to decide whether same sex marriage can be prohibited. The primary precedent used to support same sex marriage is based on the analogy of a case prohibiting marriage discrimination based on race. The legal framework created by this case requires social work policy practitioners to frame research in terms of the evolution that has occurred in scientific understanding of same sex attraction and public opinion. A simple shift in the discourse used to frame the data can significantly impact whether judges listen.

  17. "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.

  18. Intervention of the Courts in School Finance.

    Science.gov (United States)

    Hack, Walter G.

    1978-01-01

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

  19. Compensation in Indian courts: Appropriate for environmental catastrophies

    International Nuclear Information System (INIS)

    Bongaerts, J.C.; Heinrichs, D.

    1985-01-01

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

  20. [Expert Opinions in Court: Liability of the Expert].

    Science.gov (United States)

    Schiltenwolf, Marcus; Beckmann, Nickolas; Gaidzik, Peter

    2017-12-01

    Experts in criminal, civil and, increasingly, in social court cases have to present their expert opinions in court. This should be regarded not only as a burden, even if this may at times appear superfluous to the expert, perhaps because the discussion is mere repetition of the opinion he has already written, or because the questions appear to be biased against the expert. Nonetheless, the expert is always advised to appear calm and objective during the interrogation by judges and parties or participants and their legal representatives, and should not allow himself or herself to be provoked by questioning. Furthermore, it may be necessary to correct the written expert statement in the course of the interrogation, but this can be a sign of a truly competent medical expert. The expert consulted can be held liable for adverse health effects resulting from the interrogation and investigation, as well as for deliberate or grossly faulty reports. Georg Thieme Verlag KG Stuttgart · New York.

  1. The Impact of Gender on the Processing of Probation Violations and Contempt: A Study of One Juvenile Court

    OpenAIRE

    M. Dyan McGuire; Noelle Fearn; Kathryn Kuhn; Kenneth Mayo

    2013-01-01

    There is substantial evidence to suggest that in at least some contexts juvenile court judges are circumventing the proscription contained in the Juvenile Justice and Delinquency Prevention Act (“JJDPA”), which prohibits the secure confinement of status offenders, by securely detaining status offenders for contempt.  Some evidence also indicates that gender may influence whether a juvenile is detained as a result of violating a valid court order.  This study seeks to expand existing research ...

  2. "We Now Have a Patient and Not a Criminal": An Exploratory Study of Judges and Lawyers' Views on Suicide Attempters and the Law in Ghana.

    Science.gov (United States)

    Osafo, Joseph; Akotia, Charity S; Andoh-Arthur, Johnny; Boakye, Kofi E; N-B Quarshie, Emmanuel

    2018-05-01

    This study explored the views of judges and lawyers of the superior courts of Ghana on the law criminalizing attempted suicide. Qualitative data were collected from 12 experienced legal practitioners of the superior courts (five judges and seven lawyers) using a semi-structured interview schedule. Thematic analysis of the data yielded three main perspectives: In defence of the Law, Advocating a Repeal, and Pro-Health Orientation. Although exploratory, the findings of this study offer cues for stepping up suicide literacy and advocacy programmes toward either a repeal of the law or a reform.

  3. 5 CFR 2421.9 - Administrative Law Judge.

    Science.gov (United States)

    2010-01-01

    ... Administrative Law Judge. Administrative Law Judge means the Chief Administrative Law Judge or any Administrative Law Judge designated by the Chief Administrative Law Judge to conduct a hearing in cases under 5 U.S.C... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative Law Judge. 2421.9 Section...

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

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

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

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

    Science.gov (United States)

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

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

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

    Science.gov (United States)

    Russo, Charles J.

    2007-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Joseph Daniel Ura

    2016-04-01

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

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

    OpenAIRE

    PAULO LOUREIRO PHILBOIS

    2012-01-01

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

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

    Data.gov (United States)

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

  10. PRINSIP HAKIM AKTIF DALAM PERKARA PERDATA / The Principle of Active Judge in Civil Case

    Directory of Open Access Journals (Sweden)

    Sunarto Sunarto

    2016-07-01

    Full Text Available Keadilan harus dengan tegas ditegakkan. Tuntutan tersebut tidak memungkinkan untuk dimodifikasi karena penegakan keadilan sangat berhubungan dengan penegakan hak. Paradigma umum dalam melihat hukum acara perdata menempatkan Hakim bersifat pasif dalam menjalankan tugas dan fungsinya. Meskipun begitu terdapat keadaan-keadaan yang memposisikan hakim agar aktif menyelesaikan perkara perdata. Hal itu dapat terlihat pada penerapan Pasal 119 HIR pada saat Ketua Pengadilan Negeri memberikan bantuan berupa nasehat serta bantuan yang berhubungan dengan formalitas atau syarat-syarat gugatan agar gugatan dapat diterima dan memenuhi syarat-syarat formalitas gugatan kepada penggugat atau kuasanya. Selain itu, Pasal 130 HIR / Pasal 154 RBG, diwajibkan agar Ketua Pengadilan Negeri berusaha mendamaikan kedua belah pihak yang berperkara. Selanjutnya pada Pasal 132 HIR / Pasal 156 RBG, Hakim memiliki peranan aktif untuk menginformasikan kepada kedua belah pihak yang berperkara dan memberikan penjelasan kepada para pihak yang berperkara tentang adanya hak untuk melakukan upaya hukum serta hak untuk mengajukan alat-alat bukti di persidangan.   The Justice must be firmly maintained. This demand can not be modified due to it was closely related to the rights enforcement. The common paradigm in civil code perception makes judges passively work in civil cases handling. It can be seen in Article 119 HIR when the general court chief judge give a support as advice and help related to the formality or the terms of the lawsuit for the strike to be acceptable and meets the requirements of formality lawsuit against the plaintiff or attorney. Moreover, Article 130 HIR / RBG Article 154, required that general court chief judge attempted to reconcile the two parties litigant. Furthermore, in Article 132 HIR / RBG Article 156, the Judge has an active role to inform both litigants and provide an explanation to the litigants of their rights to take legal actions and the right to

  11. Judge nuclear on its merits

    International Nuclear Information System (INIS)

    Rogner, Hans-Holger; Toth, Ferenc L.; McDonald, Alan

    2010-01-01

    Nuclear power has very low greenhouse gas emissions and it has the largest mitigation potential at the lowest average cost in the energy supply sector. These are the merits on which nuclear power should be judged in climate change deliberations. Yet nuclear power is currently excluded from the Clean Development Mechanism (CDM) and Joint Implementation (JI). Such exclusion is not based on climate concerns. Clean Development Mechanism and JI are 2 'flexible mechanisms' included in the Kyoto Protocol to the United Nations Framework Convention on Climate Change to help countries meet their treaty-specified targets in limiting or reducing greenhouse gas emissions. Through the CDM, a country with a treaty-specified target can partly meet that target by investing in a project that cuts or eliminates greenhouse gases in a country without a treaty-specified target. Joint Implementation is the same thing except between countries that both have treaty-specified targets. Nuclear power projects are explicitly excluded from consideration under both the CDM and JI. The underlying concerns about nuclear power are that it could be unsafe, uneconomic, or associated with weapons production. But negotiations on climate change are not the appropriate forum to deal with any of these concerns. The UN Commission on Sustainable Development has concluded that although countries disagree on the role of nuclear power in sustainable development, 'the choice of nuclear energy rests with countries'. It is not for climate change agreements to remove that choice. The best chance for sustainable development lies in allowing those future generations to make their own decisions about energy supply options, and allowing these options to compete on a level playing field. (orig.)

  12. 7 CFR 900.55 - Judges.

    Science.gov (United States)

    2010-01-01

    ... of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (Marketing Agreements and... Governing Proceedings on Petitions To Modify or To Be Exempted From Marketing Orders § 900.55 Judges. (a... sufficient affidavit of personal bias or disqualification of a judge, the Secretary shall determine the...

  13. 7 CFR 900.6 - Judges.

    Science.gov (United States)

    2010-01-01

    ... the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (Marketing Agreements and... Procedure Governing Proceedings To Formulate Marketing Agreements and Marketing Orders § 900.6 Judges. (a... timely and sufficient affidavit of personal bias or disqualification of a judge, the Secretary shall...

  14. 8 CFR 1240.1 - Immigration judges.

    Science.gov (United States)

    2010-01-01

    ... REGULATIONS PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES Removal Proceedings § 1240.1 Immigration judges. (a) Authority. (1) In any removal proceeding pursuant to section 240 of the Act, the... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Immigration judges. 1240.1 Section 1240.1...

  15. The Value of 4-H Judging Teams--Missouri Dairy Judging Alumni Survey

    Science.gov (United States)

    Deaver, Karla; Probert, Ted

    2016-01-01

    Former Missouri 4-H Dairy Judging Team members responded to a survey about life skills development and the value of the judging team experience. Results of the survey indicate that judging team experience was highly influential in the development of communication, public speaking, and presentation skills. Respondents also indicated that judging…

  16. 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.

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

    Science.gov (United States)

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

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

  18. Court interpreting and pragmatic meaning

    DEFF Research Database (Denmark)

    Jacobsen, Bente

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

  19. The Nevada mental health courts.

    Science.gov (United States)

    Palermo, George B

    2010-01-01

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

  20. Three Years of Teen Court Offender Outcomes

    Science.gov (United States)

    Forgays, Deborah Kirby

    2008-01-01

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

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

    Science.gov (United States)

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

    2014-11-01

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

  2. Neurogenetic evidence in the courtroom: a randomised controlled trial with German judges.

    Science.gov (United States)

    Fuss, Johannes; Dressing, Harald; Briken, Peer

    2015-11-01

    Prominent court decisions and recent research suggest that introduction of neurogenetic evidence, for example, monoamine oxidase A alleles, may reduce the sentence of convicted psychopaths. Here, we are aiming to demonstrate that judges' response to neurogenetic evidence is highly influenced by the legal system in which they operate. Participating German judges (n=372) received a hypothetical case vignette of aggravated battery, and were randomly assigned to expert testimonies that either involved a neurogenetic explanation of the offender's psychopathy or only a psychiatric diagnosis of psychopathy. Testimonies were presented either by the prosecution or defence. Neurogenetic evidence significantly reduced judges' estimation of legal responsibility of the convict. Nevertheless, the average prison sentence was not affected in the German legal system. Most interestingly, analysis of judges' reasoning revealed that neurogenetic arguments presented by the prosecution significantly increased the number of judges (23% compared with ∼ 6%) ordering an involuntary commitment in a forensic psychiatric hospital. Such an involuntary commitment due to diminished or absent legal responsibility may last much longer than a prison sentence in the German legal system. Our data, thus, demonstrate the socially contingent nature of legal responses to neurogenetic evidence in criminal cases. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  3. SPECIALIZED COURTS OF THE EUROPEAN UNION

    Directory of Open Access Journals (Sweden)

    Ioana Nely Militaru

    2013-11-01

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

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

    Directory of Open Access Journals (Sweden)

    Thierry Kirat

    2010-04-01

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

  5. 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.

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

    Science.gov (United States)

    Zlotnick, J; Lin, J R

    2001-07-01

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

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

    Science.gov (United States)

    Perry, C

    1997-07-01

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

  8. Court presentation of bite mark evidence.

    Science.gov (United States)

    Drinnan, A J; Melton, M J

    1985-12-01

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

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

    Science.gov (United States)

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

    2017-02-01

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

  10. 2009 Administrative Law Judge Initial Decisions

    Data.gov (United States)

    Securities and Exchange Commission — The initial decisions issued by administrative law judges in 2009 that contains findings of fact, legal conclusions, and an order that often contains a sanction....

  11. 2010 Administrative Law Judge Initial Decisions

    Data.gov (United States)

    Securities and Exchange Commission — The initial decisions issued by administrative law judges in 2010 that contains findings of fact, legal conclusions, and an order that often contains a sanction....

  12. 4 CFR 28.22 - Administrative judges.

    Science.gov (United States)

    2010-01-01

    .... Administrative judges shall conduct fair and impartial hearings and take all necessary action to avoid delay in...; (8) Require the filing of memoranda of law and the presentation of oral argument with respect to any...

  13. EPA Administrative Law Judge Legal Documents

    Data.gov (United States)

    U.S. Environmental Protection Agency — This dataset contains Decisions and Orders originating from EPAs Office of Administrative Law Judges (OALJ), which is an independent office in the Office of the...

  14. Civil Remedies Division Administrative Law Judge Decisions

    Data.gov (United States)

    U.S. Department of Health & Human Services — Decisions issued by Administrative Law Judges of the Departmental Appeals Board's Civil Remedies Division concerning fraud and abuse determinations by the Office of...

  15. 20 CFR 901.43 - Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Administrative Law Judge. 901.43 Section 901... Termination of Enrollment § 901.43 Administrative Law Judge. (a) Appointment. An administrative law judge... Administrative Law Judge. Among other powers, the Administrative Law Judge shall have authority, in connection...

  16. 22 CFR 128.2 - Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Administrative Law Judge. 128.2 Section 128.2... § 128.2 Administrative Law Judge. The Administrative Law Judge referred to in this part is an Administrative Law Judge appointed by the Department of State. The Administrative Law Judge is authorized to...

  17. The Unified Patent Court (UPC) in Action - How Will the Design of the UPC Affect Patent Law?

    DEFF Research Database (Denmark)

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

    2014-01-01

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

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

    Science.gov (United States)

    Nessel, Paula A.

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

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

    Science.gov (United States)

    Nessel, Paula A.

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

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

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

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

  1. Racism or racial insults? How the minas gerais court of justice stands beyond the race riots

    Directory of Open Access Journals (Sweden)

    Andrea Franco Lima e Silva

    2016-01-01

    Full Text Available In this paper we present an analysis of the judgments released by the Court of Appeal of the state of Minas Gerais, regarding claims that have as their central point practices identified as racism, discrimination or prejudice on the basis of race or skin color. By doing so, we aim to answer the following questions: which type of conflict related to race or skin color is judged, and in the second instance, with regards to the Court of Appeal; which acts, words or expressions are present in these cases; which type of arguments are used and which discursive strategies are applied by defendants, victims and judges to manage the conflict. Our results indicate that the legal system tends to decontextualize expressions historically considered as racist, denying that the root of the observed conflicts is racial prejudice.

  2. 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

  3. The Effects of the Shortage of Judges in Israel

    Directory of Open Access Journals (Sweden)

    Limor Zer-Gutman

    2017-12-01

    Full Text Available In Israel the shortage of judges that has worsened over the years has led to a serious deterioration in the operation of Israel's judicial system. The article is ascertaining the intensity of the shortage by using international comparisons and comparing the rate of growth in the number of judges with the rate of growth of the general population. The article further describes the three main areas affected by the shortage. The first area is the judicial system itself where the shortage is the primary determinant of the delay and what the public often perceives as procrastination plaguing Israeli courts. Second area affected is due process- the shortage has led, in tandem with other factors, to inefficiency in the judicial system, compelling it, most prominently in the last decade or so, to be "innovative," that is, introduce procedures devoid of any legal footing. Third area affected are judges themselves. En Israel, la escasez de jueces, que se ha agravado con los años, ha provocado un grave deterioro de la operatividad del sistema judicial israelí. Este artículo corrobora la intensidad de esa escasez utilizando comparaciones internacionales y estableciendo un parangón entre el ritmo en el aumento del número de jueces y el ritmo del crecimiento de la población. Además, el artículo describe las tres áreas principales afectadas por la escasez. La primera es el propio sistema judicial, ya que la escasez es el determinante principal del retraso judicial y de lo que el público a menudo percibe como la procrastinación que invade los juzgados israelíes. La segunda área es el proceso legal debido –la escasez, junto con otros factores, ha provocado la ineficiencia del sistema judicial, empujándolo, sobre todo en la última década, a ser cada vez más "innovador", esto es, a introducir procedimientos carentes de base jurídica alguna. La tercera área afectada son los propios jueces. DOWNLOAD THIS PAPER FROM SSRN: https

  4. Reactor power distribution pattern judging device

    International Nuclear Information System (INIS)

    Ikehara, Tadashi.

    1992-01-01

    The judging device of the present invention comprises a power distribution readout system for intaking a power value from a fuel segment, a neural network having an experience learning function for receiving a power distribution value as an input variant, mapping it into a desirable property and self-organizing the map, and a learning date base storing a plurality of learnt samples. The read power distribution is classified depending on the similarity thereof with any one of representative learnt power distribution, and the corresponding state of the reactor core is outputted as a result of the judgement. When an error is found in the classified judging operation, erroneous cases are additionally learnt by using the experience and learning function, thereby improving the accuracy of the reactor core characteristic estimation operation. Since the device is mainly based on the neural network having a self-learning function and a pattern classification and judging function, a judging device having a human's intuitive pattern recognition performance and a pattern experience and learning performance is obtainable, thereby enabling to judge the state of the reactor core accurately. (N.H.)

  5. Freer markets, more court rulings?

    NARCIS (Netherlands)

    Hildebrand, Y.

    2010-01-01

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

  6. Juvenile Courts. Creation and development

    Directory of Open Access Journals (Sweden)

    Montserrat GONZÁLEZ FERNÁNDEZ

    2013-11-01

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

  7. Pragmatics in Court Interpreting: Additions

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2003-01-01

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

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

    Science.gov (United States)

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

    2013-02-01

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

  9. Court decisions on medical malpractice.

    Science.gov (United States)

    Knaak, Jan-Paul; Parzeller, Markus

    2014-11-01

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

  10. Opteren voor de Netherlands Commercial Court

    NARCIS (Netherlands)

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

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

  11. Robo-Judge Meets Elastic Man

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2014-01-01

    Should the comparative study of law focus on similarities or differences? As regards the exercise of jurisdiction to adjudicate transborder contract disputes, the author uses concrete, case-based examples to compare the jurisdictional rules applied by courts in Europe with those applied in the Un......Should the comparative study of law focus on similarities or differences? As regards the exercise of jurisdiction to adjudicate transborder contract disputes, the author uses concrete, case-based examples to compare the jurisdictional rules applied by courts in Europe with those applied...... in the United States. In this context – as in other transatlantic PIL contexts, the author finds it most appropriate to focus on differences. For whereas courts in the European region are typically required to decide jurisdictional issues solely on the basis of rigidly defined specific factors......, such as the place of a performance of a given contractual obligation or the place where the party who renders a given type of performance resides, courts in the United States follow rules cut from a very different cloth, with jurisdictional determinations based on a mélange of flexible factors involving complex...

  12. The Courts and the News Media.

    Science.gov (United States)

    Pickerell, Albert G.; Lipman, Michel

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

  13. The Court in the Homeric Epos

    Science.gov (United States)

    Loginov, Alexandr

    2016-01-01

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

  14. 78 FR 27431 - Jose G. Zavaleta, M.D.; Decision and Order

    Science.gov (United States)

    2013-05-10

    ... Supreme Court has held, `` `[w]hen an administrative agency is acting in a judicial capacity and resolves..., that the hearing be conducted by an administrative law judge, whose powers include the issuance of...

  15. 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.

  16. The Impact of Gender on the Processing of Probation Violations and Contempt: A Study of One Juvenile Court

    Directory of Open Access Journals (Sweden)

    M. Dyan McGuire

    2013-12-01

    Full Text Available There is substantial evidence to suggest that in at least some contexts juvenile court judges are circumventing the proscription contained in the Juvenile Justice and Delinquency Prevention Act (“JJDPA”, which prohibits the secure confinement of status offenders, by securely detaining status offenders for contempt.  Some evidence also indicates that gender may influence whether a juvenile is detained as a result of violating a valid court order.  This study seeks to expand existing research by examining what happens to court order violators beyond detention and by explicitly comparing the treatment of court order violators with the treatment of probation violators in terms of detention, adjudication and confinement to shed light on how gender influences these decision points.  While high rates of detention and commitment were uncovered, these results do not suggest that females were more likely to experience these consequences than males.

  17. 28 CFR 0.117 - Office of Chief Immigration Judge.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Office of Chief Immigration Judge. 0.117... Executive Office for Immigration Review § 0.117 Office of Chief Immigration Judge. The Chief Immigration Judge shall provide general supervision to the Immigration Judges in performance of their duties in...

  18. Gymnastic Judges Benefit from Their Own Motor Experience as Gymnasts

    Science.gov (United States)

    Pizzera, Alexandra

    2012-01-01

    Gymnastic judges have the difficult task of evaluating highly complex skills. My purpose in the current study was to examine evidence that judges use their sensorimotor experiences to enhance their perceptual judgments. In a video test, 58 judges rated 31 gymnasts performing a balance beam skill. I compared decision quality between judges who…

  19. 22 CFR 1421.8 - Administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... Law Judge to conduct a hearing in cases under 22 U.S.C. 4115, and such other matters as may be... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Administrative law judge. 1421.8 Section 1421.8... TERMS AS USED IN THIS SUBCHAPTER § 1421.8 Administrative law judge. Administrative law judge means the...

  20. 49 CFR 386.54 - Administrative Law Judge.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 5 2010-10-01 2010-10-01 false Administrative Law Judge. 386.54 Section 386.54... General Rules and Hearings § 386.54 Administrative Law Judge. (a) Powers of an Administrative Law Judge. The Administrative Law Judge may take any action and may prescribe all necessary rules and regulations...

  1. 5 CFR 930.211 - Actions against administrative law judges.

    Science.gov (United States)

    2010-01-01

    ... against administrative law judges. (b) Status during removal proceedings. In exceptional cases when there... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Actions against administrative law judges...) Administrative Law Judge Program § 930.211 Actions against administrative law judges. (a) Procedures. An agency...

  2. 5 CFR 1201.125 - Administrative law judge.

    Science.gov (United States)

    2010-01-01

    ... warrant removal, the administrative law judge will issue a recommended decision to the Board in accordance... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative law judge. 1201.125... § 1201.125 Administrative law judge. (a) An administrative law judge will hear a disciplinary action...

  3. 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...

  4. Film as Film; Understanding and Judging Movies.

    Science.gov (United States)

    Perkins, V. F.

    The criteria for judging movies which are presented here are based on the belief that film criticism becomes rational, if not "objective", when it displays and inspects the nature of its evidence and the bases of its arguments. The author dissents from the view of early film theorists that montage is the essence of cinema, and that cinema is to be…

  5. Waiver Process Places Judges in Pivotal Role

    Science.gov (United States)

    McNeil, Michele

    2011-01-01

    Although U.S. Secretary of Education Arne Duncan ultimately decides which states get relief from key requirements of the No Child Left Behind Act, a group of outside judges will wield tremendous influence in deciding states' fates. With states facing compliance deadlines under the law and Congress moving slowly on reauthorizing the Elementary and…

  6. 7 CFR 1200.7 - Judge.

    Science.gov (United States)

    2010-01-01

    ... matter as a part of the record and decision in the proceeding, after making such investigation or holding... 7 Agriculture 10 2010-01-01 2010-01-01 false Judge. 1200.7 Section 1200.7 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND...

  7. Judging the Ability of Friends and Foes.

    Science.gov (United States)

    Cook, Jennifer L; Murphy, Jennifer; Bird, Geoffrey

    2016-10-01

    Collaboration leads us to judge our own ability to be more similar to our collaborators and their ability to be more similar to our own, while competition leads us to exaggerate the gap between our abilities. How does this happen and what does it mean? Copyright © 2016 Elsevier Ltd. All rights reserved.

  8. How Do Raters Judge Spoken Vocabulary?

    Science.gov (United States)

    Li, Hui

    2016-01-01

    The aim of the study was to investigate how raters come to their decisions when judging spoken vocabulary. Segmental rating was introduced to quantify raters' decision-making process. It is hoped that this simulated study brings fresh insight to future methodological considerations with spoken data. Twenty trainee raters assessed five Chinese…

  9. 8 CFR 1240.41 - Immigration judges.

    Science.gov (United States)

    2010-01-01

    ... REGULATIONS PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES Proceedings To Determine Deportability of Aliens in the United States: Hearing and Appeal (for Proceedings Commenced Prior to April 1... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Immigration judges. 1240.41 Section 1240.41...

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

    Science.gov (United States)

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

    2014-11-01

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

  11. Nuclear fuel tax in court

    International Nuclear Information System (INIS)

    Leidinger, Tobias

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Marie B. Hagsgård

    2014-12-01

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

  13. ANNOTATION TAKEN, IN THE PERSPECTIVE OF CRIMINAL AND CONSTITUTIONAL LAW, AS WELL AS IN CRIMINOLOGY, TO THE DECISION OF THE PORTUGUESE CONSTITUTIONAL COURT, OF JANUARY 13, 2011--WITH RESPECT TO THE PROBLEMS OF "CONSENT" AND "MEDICAL ACT".

    Science.gov (United States)

    Bandeira, Gonçalo S de Melo

    2014-07-01

    1--Summary of the decision taken by the Portuguese Constitutional Court, of January 13, 2011; 2--Complete text of the decision of the Portuguese Constitutional Court, of January 13, 2011, Judge Maria João ANTUNES (Reporter), Judge Carlos Pamplona de OLIVEIRA, Judge José Borges SOEIRO, Judge Gil GALVÃO, Judge Rui Manuel Moura RAMOS (President)--in terms of the appositive declaration to the sentence n. 487/2010: t.c.http://www. tribunalconstitucional.pt, August 1, 2011; 3--Brief annotation to the problem of the "medical act"; 3.1--Plus some conclusions on the brief annotation to the problem of the "medical act"; 3.2--Brief annotation to the problem of "consent"--continuation of the previous comments; 4--Conclusions. It must never be forgotten that "consent" does not stand as the only cause of exclusion of unlawfulness.

  14. THE ACTIVE ROLE OF THE JUDGE IN THE FIELD OF UNFAIR TERMS LITIGATION

    Directory of Open Access Journals (Sweden)

    Liviu-Titus Paveliu

    2014-11-01

    Full Text Available Unfair contract terms mark a delicate area in the field of consumer protection given the premise in which the consumer finds himself. This field of private law stems from the idea that the consumer needs an enhanced protection which from a legal standpoint may consist of introducing of measures of substantial law that can provide support in the precontractual phase, with evidence and even in understanding the legal consequences at hand. At a first glance, these comprise most of the benefits a consumer is granted and may choose to utilize in a litigation procedure against a professional in case on unfair contract terms. However, there is also a lesser known benefit that comes in the form of the obligation of the national courts to sanction on its own motion and in any procedural phase the occurrence of unfair contract terms. This line of thought has support within the Romanian legal system, but the decisive arguments in this sense com in the form of the case law of the Court of Justice of the European Union from the past decades. The purpose of this paper is to analyze the hystorical evolution of the active role of the court in civil law litigation, especially from the perspective of unfair terms cases in which consumers are parties to the proceedings, and to highlight the process that the Romanian judges have to follow in solving this type of cases.

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

    DEFF Research Database (Denmark)

    Butler, Graham

    2017-01-01

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

  16. Judging scandal: standards or bias in politics.

    Science.gov (United States)

    Solomon, Erin D; Hackathorn, Jana M; Crittendon, David

    2018-03-22

    As the number of political scandals rises, we examined the circumstances that might influence how a politician would be judged as a result of a scandal. Specifically, we hypothesized that ingroup bias theory and shifting standards theory would produce different patterns of judgements. In two studies, we found support for the ingroup bias theory, such that participants rated the fictitious politician's public approval and perceived character as higher if the politician was a member of their own political party (i.e. their ingroup) than if the politician was a member of the another political party (i.e. their outgroup). These results may explain, in part, why people may judge politicians involved in scandal more or less harshly depending on whether they are an ingroup member or outgroup member.

  17. 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’.

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

    Science.gov (United States)

    McQuoid-Mason, David J

    2017-04-25

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

  19. Practical skills of rhythmic gymnastics judges.

    Science.gov (United States)

    Fernandez-Villarino, Maria A; Bobo-Arce, Marta; Sierra-Palmeiro, Elena

    2013-12-18

    The aim of this study was to analyze the practical skills of rhythmic gymnastics judges and to identify how their degree and experience influence the assessment of these skills. Sixty one rhythmic gymnastics judges participated in the study. A questionnaire was used for data collection. This tool was composed of 28 questions and divided into six categories: identification, experience, initial training, continuing education, skills and training needs. The results suggest that the most valued skills are those related to the sport's technical parameters and the ability to adapt to any level of competition with self-confidence and self-assuredness. Significant differences were found regarding the variables for: the ability to communicate (p = 0.002) and for the ability to observe, identify and register performance (p = 0.005). The results showed that experience was not a decisive factor in assessing skills. This study thus presents evidence that rhythmic gymnastics judges must implement and optimise a set of skills that contribute to the effectiveness of the assessment process. These findings might help in the design of programs and training models that contribute to effective professional development.

  20. Application towards the Concept of Rechtsvinding and Rechtsschepping by the Judges in Deciding a Case

    Directory of Open Access Journals (Sweden)

    Harifin A. Tumpa

    2015-08-01

    Full Text Available The judge may not refuse to examine and to decide a case which has been submitted to the court despite having unclear or non-existent legal pretext. The judge are expected to be able to explore values and sense of justice that grows and embodies the community as the living law. The concept of justice here is not the outcome by the human intellectualism, but rather from his/her own spirit. A justice could not exist or be born from a mere theory, because justice is naturally born from the deepest conscience of a judge who is also a human being. A person’s conscience can not come in sudden, but was born through the process, practice or habit. Either legal finding (Rechtsvinding or the creation of law (rechtsschepping should be used in providing justice for litigants as follows: First, in absence of the relevant rules within the existing legislation. Second, regulated by the law but insufficiently clear and contain multi-interpretations. Third, regulated by the law but no longer meet the public sense of justice (out of date. Fourth, based on a jurisprudence or an expert opinion.

  1. International organizations before national courts

    CERN Document Server

    Reinisch, August

    2000-01-01

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

  2. International Justice through Domestic Courts:

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2015-01-01

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

  3. National Sovereignty and the International Criminal Court

    National Research Council Canada - National Science Library

    Boland, Donald

    1999-01-01

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

  4. Unwrapping Court-Connected Mediation Agreements

    DEFF Research Database (Denmark)

    Adrian, Lin; Mykland, Solfrid

    2018-01-01

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

  5. The Special Court for Sierra Leone

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

    2004-01-01

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

  6. Even Lesbian Youths or Those Presumed to Be Lesbians Are Protected by the Constitution of Uganda--But to a Limited Extent: Rules the High Court

    Science.gov (United States)

    Mujuzi, Jamil Ddamulira

    2009-01-01

    The Ugandan Penal Code criminalizes same-sex relationships. The author analyzes the Ugandan High Court decision where the judge relied on the Constitution and international human rights instruments to hold that law enforcement officers must respect the rights to privacy and human dignity even of those people presumed to be in same-sex…

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

    Science.gov (United States)

    Lageard, Giovanni

    2011-01-01

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

  8. 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.

  9. [Science and law in courts].

    Science.gov (United States)

    Tallacchini, Mariachiara

    2014-01-01

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

  10. Victimological aspects of court judgments

    Directory of Open Access Journals (Sweden)

    Bačanović Oliver

    2012-01-01

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

  11. "Judges of the Velum" and "Judges of the Hippodrome" in Thessalonike (11th c.

    Directory of Open Access Journals (Sweden)

    Andreas GKOUTZIOUKOSTAS

    2010-09-01

    Full Text Available The present study focuses on judicial officers coming from Constantinople to Thessalonike in the 11th century. The judge of the theme of Thessalonike was in charge of trying cases in the region. From the second fifth of the 11th century, however, his jurisdiction was extended to the greater financial and judicial unit of Boleron, Strymon and Thessalonike as well. Lead seals and documents from the archives of the monasteries of Athos prove that many of the krites of Boleron, Strymon and Thessalonike had been previously krites of the velum and judges of the hippodrome who performed their duties in the capital and belonged to the ranks of the “small judges”. These judicial officers tried cases that were referred to them, while they could also function as assessors of the “great” or superior judges of Constantinople, i.e. the droungarios of the vigla, the dikaiodotes, the protoasecretis, the eparchos of the city, the koiaistor and the epi ton kriseon. The latter could delegate the authority to try cases to the “small” or inferior judges. Consequently, the judges of the velum and the judges of the hippodrome could also be sent from Constantinople to the themes by the emperor or other officials, in order to examine some cases and then return to the capital. This is confirmed by the primary sources, which mention for example the case of judge of the hippodrome Michael Rhodios, who was sent by Alexios I Komnenos in 1084 from Constantinople to the region of Thessalonike, in order to examine a dispute between the Lavra monastery and the brother of the emperor, Adrian. Some years later Michael Rhodios was sent again to try cases in Thessalonike, but this time as krites of Boleron, Strymon and Thessalonike. Consequently, apart from the judge of Boleron, Strymon and Thessalonike, other judges delegated by the emperor or by high officers could also examine cases there, as happened in other themes. From the 14th century on, as Macedonia developed

  12. Court won't hear State claims as part of worker's ADA suit.

    Science.gov (United States)

    1997-09-19

    The 11th U.S. Circuit Court of Appeals cannot overturn a Federal judge's refusal to hear the State-law sexual harassment claims brought as part of an Americans with Disabilities Act (ADA) suit. [Name removed] filed Federal and State charges against Checkers drive-in restaurants. [Name removed] claims he was subjected to offensive and sexually exploitive language and was ridiculed as gay and having AIDS by one of his supervisors. According to [name removed], a separate supervisor pressured him to have sex and subjected him to physical contact. When [name removed] was fired, he filed an eight-count complaint under Federal and State law. He alleged that Checkers violated the Americans with Disabilities Act (ADA) because his supervisors believed he was HIV-positive and discriminated against him intentionally on that basis. He also sought recovery under the Florida AIDS discrimination statute and the Florida Civil Rights Act. The Federal judge decided not to handle the State-law claims and the 11th Circuit Court of Appeals refused to act on [name removed]'s appeal. Now [name removed] may have to choose either a Federal or a State court to hear all of his claims.

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

    Science.gov (United States)

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

    2009-01-01

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

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

    Science.gov (United States)

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

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

  15. 25 CFR 11.912 - Contempt of court.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Contempt of court. 11.912 Section 11.912 Indians BUREAU... ORDER CODE Children's Court § 11.912 Contempt of court. Any willful disobedience or interference with any order of the children's court constitutes contempt of court which may be punished in accordance...

  16. The Right of Access to Court

    Directory of Open Access Journals (Sweden)

    Sokol Mëngjesi

    2015-03-01

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

  17. BVA members wow judges in photo competition.

    Science.gov (United States)

    2016-09-03

    Earlier this year, BVA ran its inaugural photo competition, giving members the opportunity to showcase the work of the veterinary profession and the animals and wildlife they encounter. Standing out from over 400 high-quality entries, judges picked the images reproduced in this month's BVA News as the winning and highly commended photos. To see all the entries and hear from the winners, visit www.bva.co.uk/vet-photos-2016/. There will be another photo competition in 2017 with more categories to be announced. British Veterinary Association.

  18. Judge upholds closing of theater that was site of high-risk sex.

    Science.gov (United States)

    1995-05-05

    New York City's decision to close a gay movie theater where inspectors found male patrons engaging in unsafe sexual activity with other men was upheld by Justice Marilyn G. Diamond of the Supreme Court in Manhattan. She rejected the theater owner's argument that the city's March 31, 1995 closure of the New David Cinema on West 54th Street violated the Constitution's guarantee of freedom of speech. The city based its action on a provision in the state health code which prohibits oral, anal or vaginal sex in commercial establishments. Despite several warnings from the city, the movie house did not follow the demands that it move forcefully to prevent high-risk sexual activity among patrons. The New David was one of two theaters and one sex club shut down by the Health Department in recent weeks, but the only one still closed at press time. Some gay activists contend the action was unjustified, since most of the sex that occurs in those establishments in consensual and involves solo or mutual masturbation. Others point out that a good deal of unsafe sex does occur. Because men often have several sexual liaisons during a single night at a theater or club, the risk of HIV transmission is magnified many-fold.

  19. 5 CFR 1201.112 - Jurisdiction of judge.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Jurisdiction of judge. 1201.112 Section... AND PROCEDURES Procedures for Appellate Cases Final Decisions § 1201.112 Jurisdiction of judge. (a) After issuing the initial decision, the judge will retain jurisdiction over a case only to the extent...

  20. 29 CFR 101.11 - Administrative law judge's decision.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Administrative law judge's decision. 101.11 Section 101.11... Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases § 101.11 Administrative law judge's decision. (a) At the conclusion of the hearing the administrative law judge prepares a...

  1. 31 CFR 15.737-19 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Administrative Law Judge. 15.737-19... CONFLICT OF INTEREST Administrative Enforcement Proceedings § 15.737-19 Administrative Law Judge. (a) Appointment. An Administrative Law Judge appointed as provided by 5 U.S.C. 3105 (1966), shall conduct...

  2. 31 CFR 10.70 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Administrative Law Judge. 10.70... INTERNAL REVENUE SERVICE Rules Applicable to Disciplinary Proceedings § 10.70 Administrative Law Judge. (a..., firm or other entity, or appraiser will be conducted by an Administrative Law Judge appointed as...

  3. 14 CFR 302.17 - Administrative law judges.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 4 2010-01-01 2010-01-01 false Administrative law judges. 302.17 Section... Evidentiary Hearing Proceedings § 302.17 Administrative law judges. (a) Powers and delegation of authority. (1) An administrative law judge shall have the following powers, in addition to any others specified in...

  4. 31 CFR 8.62 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Administrative Law Judge. 8.62... BUREAU OF ALCOHOL, TOBACCO AND FIREARMS Disciplinary Proceedings § 8.62 Administrative Law Judge. (a) Appointment. An Administrative Law Judge, appointed as provided by 5 U.S.C. 3105, shall conduct proceedings...

  5. Judging Anomalies at the 2010 Olympics in Men's Figure Skating

    Science.gov (United States)

    Looney, Marilyn A.

    2012-01-01

    The purpose of this study was to determine if the 2010 Olympic figure skating judges had trouble scoring Plushenko and the transitions program component, and if the International Skating Union's (ISU) "corridor" method flagged the same judging anomalies as the Rasch analyses. A 3-facet (skater by program component by judge) Rasch rating…

  6. 8 CFR 235.6 - Referral to immigration judge.

    Science.gov (United States)

    2010-01-01

    ... immigration judge may consider eligibility for withholding of removal pursuant to section 241(b)(3) of the Act... judge determines that an alien in expedited removal proceedings has a credible fear of persecution or... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Referral to immigration judge. 235.6...

  7. 8 CFR 1235.6 - Referral to immigration judge.

    Science.gov (United States)

    2010-01-01

    ... immigration judge may consider eligibility for withholding of removal pursuant to section 241(b)(3) of the Act... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Referral to immigration judge. 1235.6... IMMIGRATION REGULATIONS INSPECTION OF PERSONS APPLYING FOR ADMISSION § 1235.6 Referral to immigration judge...

  8. 29 CFR 417.6 - Powers of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Powers of Administrative Law Judge. 417.6 Section 417.6... Administrative Law Judge. The designated Administrative Law Judge shall have authority: (a) To give notice... reschedule hearings for good cause shown; (l) To consider and decide procedural matters; (m) To take any...

  9. 43 CFR 4.1121 - Powers of administrative law judges.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Powers of administrative law judges. 4... Evidentiary Hearings § 4.1121 Powers of administrative law judges. (a) Under the regulations of this part, an administrative law judge may— (1) Administer oaths and affirmations; (2) Issue subpoenas; (3) Issue appropriate...

  10. Psychological Peculiarities of Judge Professional Activity and Decision-Making

    Science.gov (United States)

    Uspanov, Zholdybai T.; Turabayeva, Dana S.

    2016-01-01

    The article considers the psychological peculiarities of judge professional activity and decision-making, judge's mental set and requirements to ethical and moral requirements and quality. Moreover, this work offers original job analysis and competency model of judge professional activity. The authors have studied the problems concerning the…

  11. Court Reaffirms TIAA Must Pay Equal Pensions.

    Science.gov (United States)

    Fields, Cheryl M.

    1984-01-01

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

  12. 28 JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT

    African Journals Online (AJOL)

    Fr. Ikenga

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

  13. Buyer's Guide for Tennis Court Construction.

    Science.gov (United States)

    United States Tennis Court & Track Builders Association.

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

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

    Directory of Open Access Journals (Sweden)

    Kristin Hero

    2011-12-01

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

  15. Pursuing transparency through science courts

    International Nuclear Information System (INIS)

    Field, Thomas G. Jr.

    1999-01-01

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

  16. Pursuing transparency through science courts

    Energy Technology Data Exchange (ETDEWEB)

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

    1999-12-01

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

  17. Courting the expert: a clash of culture?

    Science.gov (United States)

    Caldwell, P

    2005-06-01

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

  18. 48 CFR 6302.38 - Remand from court (Rule 38).

    Science.gov (United States)

    2010-10-01

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

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

    International Nuclear Information System (INIS)

    Wuerkner, J.

    1992-01-01

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

  20. How ordinary judges and juries decide the seemingly complex technological questions of patentability over the prior art.

    Science.gov (United States)

    Kieff, F Scott

    2003-01-01

    Determinations of patentability over the prior art are often thought to raise questions that are so technologically complex that they require special training and judgment to answer, especially in fast-moving fields like modern biotechnology. This essay explores the somewhat counterintuitive argument that under the U.S. system they do not and should not. According to this view, determinations of patentability over the prior art are based entirely on factual inquiries that are best made by lay judges and juries, just like the factual determinations these people regularly make in any ordinary nonpatent trial. This is good because judges and juries are adept at these determinations, and because appellate courts are adept at reviewing them. It leads to a system that is cheaper overall in allowing private litigants to better predict outcomes that also better approximate the correct answer than would be possible under other regimes premised upon the expert technological knowledge and judgment of a decisionmaker.

  1. The diversity of the Brazilian regional Audit Courts on government auditing

    Directory of Open Access Journals (Sweden)

    André Feliciano Lino

    2017-11-01

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

  2. Decision-making in the Unified Patent Court: Ensuring a balanced approach

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen; Petersen, Clement Salung

    2016-01-01

    The Unified Patent Court (UPC) will become a central player in the future development of European patent law. For this reason it becomes important to ensure that UPC‘s decision-making reflects the double-function of the Court as an adjudicator of individual disputes and a policy maker. Because...... of its institutional design, the UPC will be biased towards technology based values. Therefore, there is a risk that non-technical values and interests will be either overlooked or underdeveloped in UPC decision-making which is likely to jeopardize public trust and legitimacy of its decisions. This paper...... analyses how these blind spots can be covered in patent litigation before the UPC within the current legislative framework. The paper focuses on the role of UPC judges as case-managers and decision-makers, on the potential role of third party interveners, and addresses the key role of the parties...

  3. 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...

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

    International Nuclear Information System (INIS)

    Zining, Jin

    2015-01-01

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

  5. The Ninth Circuit Court's treatment of the history of suicide by Ancient Jews and Christians in Compassion in Dying v. State of Washington: historical naivete or special pleading?

    Science.gov (United States)

    Amundsen, D W

    1998-01-01

    In this article, Prof. Darrel Amundsen critiques Judge Reinhardt's comments regarding "Historical Attitudes Toward Suicide" in his Compassion in Dying opinion. Amundsen demonstrates that the court's characterization of ancient Jewish and Christian practices is inaccurate and misleading because it fails to acknowledge the complexities of the moral issue of suicide. Amundsen discusses martyrdom, suicide in general, suicide by the ill, and euthanasia in ancient Judaism. In contrast to the court's commentary, Amundsen demonstrates that regard for human life is a central feature of Jewish ethical monotheism. Furthermore, the author challenges the court's conclusions about early Christianity, and explains why its treatment of the issue of suicide in early Christianity is misleading and inaccurate. Amundsen's discussion of early Christianity includes suicide, martyrdom, and especially the Augustinian teaching on suicide. He concludes that the court's treatment of the issue of suicide in early Christianity is so historically and conceptually muddled as to be fundamentally inaccurate.

  6. Overview of Court Practice Relating to the Right of the Limited Use of Someone Else's Property in an English Law

    Directory of Open Access Journals (Sweden)

    Viktoria S. Arhipova

    2016-09-01

    Full Text Available In this article author carries out the detailed overview of the court practice concerning the right of limited use of someone else's property in system of a common law. In it definition the concept "servitude", servitude signs of an English law is given, each of them is in detail described and additional requirements which are necessary for existence of the servitude are described. In the conclusion the author emphasizes that the case law, unfortunately, has for the judge certainly no binding force. In certain cases the judge has the right to deviate from precedents and to pass the decision, new on the content. This fact proves flexibility of case law, but at the same time and some uncertainty, the choice of one of a set of the available precedents and its interpretation at discretion depends on the judge.

  7. ACCESS TO JUSTICE AND THE INSTITUTIONAL LIMITS OF INDEPENDENT COURTS

    Directory of Open Access Journals (Sweden)

    Micah B. Rankin

    2012-02-01

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

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

    Index Scriptorium Estoniae

    2001-01-01

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

  9. Forced Displacement and State Council. The Judge who Had a Wide Range of Arguments but not a Broad Extent of Decisions

    Directory of Open Access Journals (Sweden)

    Miguel Andrés López Martínez

    2014-07-01

    Full Text Available People in forced displacement can receive reparations through the State liability declarations by a judge. Judgment could involve some disadvantages but it is still probably to overcome them if the judge attends experts’ recommendations. Theorists were inspired in unconstitutional statu quo showed by Constitutional Court in T-025 case in 2004. We attempt to identify the proposals that influenced the State liability area and specifically the way in which they changed the frame of administrative judge’s decisions. First, we identified 18 theoretical scape lines, as alternatives to understand in a wider sense the damage, its imputation and reparation in a judicial landscape. Second, we attempt to establish if the State Council was influenced by the theorists’ suggestions, by studying four decisions published from 2004 until 2010. The evidence has shown that the administrative judge was far from the theorists’ proposals, although his attempts to offer better conditions to the victims.

  10. 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

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

    Science.gov (United States)

    Fernandez, Fabrice; Lézé, Samuel

    2014-09-01

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

  12. FINANCIAL SECURITY OF MILITARY JUDGES IN SOUTH AFRICA ...

    African Journals Online (AJOL)

    language used in this provision is peremptory and there is nothing to suggest that military courts are excluded from the envisaged assistance and protection by the state to ensure their independence. The place of military courts within the South African judicial system. It is important to highlight briefly the place of military ...

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

    Directory of Open Access Journals (Sweden)

    Adalmir Oliveira Gomes

    2016-10-01

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

  14. Nullum Crimen sine Lege in the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Venus GHAREH BAGHI

    2010-10-01

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

  15. The problem of the quality of judging in rhythmic gymnastics

    Directory of Open Access Journals (Sweden)

    V.V. Perederij

    2013-03-01

    Full Text Available The aim of the study is to develop a classification of factors influencing the quality of judging in rhythmic gymnastics. As a result of consolidation of theoretical information and practical experience was a list of the factors that negatively affect the behavior of judges in gymnastics, which were divided into two groups: the objective and non-objective (subjective. Objective factors include intense competition schedule, fatigue, especially memory, attention, competition rules, to the subjective: the ratio of judges to their gymnast (team or to the opposing team, the lack of interest in the performance, composition of the judging panel, the influence of authority and popularity sportswomen dependence on its management. Respondents were unanimous in that independent professional judges are needed in a rhythmic gymnastics. It is set that 64% respondent mark the presence of pressure on judges from the side of competitors.

  16. What Defines an International Criminal Court?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2015-01-01

    Since the post-World War II tribunals, only few scholars have attempted to draw a definitional distinction between international and national criminal courts. Remarkable exceptions include Robert Woetzel, who in 1962 categorized criminal courts according to ‘the involvement of the international...... community’, and Sarah Williams, who 50 years later relied on the same factor in her definitions of ‘hybrid’ and ‘internationalized’ criminal tribunals. Through examples of rulings by the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia, this article will demonstrate...... that only criminal tribunals deriving their authority from international law should be labelled ‘international’, while the term ‘national criminal court’ should apply to tribunals set up under national law. This terminology would underline that issues concerning jurisdiction and applicable law must...

  17. Congressional Authority Over the Federal Courts

    National Research Council Canada - National Science Library

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

    2005-01-01

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

  18. Explaining African Participation in International Courts

    DEFF Research Database (Denmark)

    Gissel, Line Engbo; Brett, Peter

    2018-01-01

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

  19. 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.

  20. Opteren voor de Netherlands Commercial Court

    OpenAIRE

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

    2017-01-01

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

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

    OpenAIRE

    Salogubov, Dmitriy Yurevich

    2012-01-01

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

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

    OpenAIRE

    Thongmuang, Jitti.

    1995-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Tatyana Mikhailovna Sekretareva

    2015-06-01

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

  4. 29 CFR 457.17 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... Administrative Law Judge to conduct a hearing in cases under 5 U.S.C. 7120 or 22 U.S.C. 4117 as implemented by... 29 Labor 2 2010-07-01 2010-07-01 false Administrative Law Judge. 457.17 Section 457.17 Labor... GENERAL Meaning of Terms as Used in This Chapter § 457.17 Administrative Law Judge. Administrative Law...

  5. 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

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

    African Journals Online (AJOL)

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

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

    African Journals Online (AJOL)

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

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

    African Journals Online (AJOL)

    AbdiJA

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

  9. Disability Case Review of Administrative Law Judge Hearing Decisions

    Data.gov (United States)

    Social Security Administration — The Disability Case Review is a post-effectuation quality review of administrative law judge (ALJ) disability hearing decisions. This dataset includes results from...

  10. Coordination of knowledge in judging animated motion

    Directory of Open Access Journals (Sweden)

    Thomas C. Thaden-Koch

    2006-11-01

    Full Text Available Coordination class theory is used to explain college students’ judgments about animated depictions of moving objects. diSessa’s coordination class theory models a “concept” as a complex knowledge system that can reliably determine a particular type of information in widely varying situations. In the experiment described here, fifty individually interviewed college students judged the realism of two sets of computer animations depicting balls rolling on a pair of tracks. The judgments of students from an introductory physics class were strongly affected by the number of balls depicted (one or two, but the judgments of students from an educational psychology class were not. Coordination analysis of interview transcripts supports the interpretation that physics students’ developing physics knowledge led them to consistently miss or ignore some observations that the other students consistently paid attention to. The analysis highlights the context sensitivity and potential fragility of coordination systems, and leads to the conclusion that students’ developing knowledge systems might not necessarily result in consistently improving performance.

  11. Coordination of knowledge in judging animated motion

    Science.gov (United States)

    Thaden-Koch, Thomas C.; Dufresne, Robert J.; Mestre, Jose P.

    2006-12-01

    Coordination class theory is used to explain college students’ judgments about animated depictions of moving objects. diSessa’s coordination class theory models a “concept” as a complex knowledge system that can reliably determine a particular type of information in widely varying situations. In the experiment described here, fifty individually interviewed college students judged the realism of two sets of computer animations depicting balls rolling on a pair of tracks. The judgments of students from an introductory physics class were strongly affected by the number of balls depicted (one or two), but the judgments of students from an educational psychology class were not. Coordination analysis of interview transcripts supports the interpretation that physics students’ developing physics knowledge led them to consistently miss or ignore some observations that the other students consistently paid attention to. The analysis highlights the context sensitivity and potential fragility of coordination systems, and leads to the conclusion that students’ developing knowledge systems might not necessarily result in consistently improving performance.

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

    Science.gov (United States)

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

    2016-01-01

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

  13. Understanding Marital Disputes Management in Religious Office and Syariah Court in Malaysia

    Directory of Open Access Journals (Sweden)

    Zakiyah Zakiyah

    2015-02-01

    Full Text Available This article reviews a monograph entitled Managing Marital Dispute in Malaysia, Islamic Mediators and Conflict Resolution in the Syariah Court written by Syarifah Zaleha Syed Hassan  and Sven Cederrot. This book contributed in the discourse of anthropology of Islamic law. This book discussed about three institutions that dealt with Islamic family law; kadi, women counselor and judge. This monograph was published in 1997 when Islamic family law became one of the heated topics in many part of the world. This book was a result of extensive research conducted at the religious office and syariah court in Kedah and Johor Malaysia. This study shows that mediator used different ways in dealing with the family disputes including formal, semi formal and informal. The first method was used to deal with adjudication, the second was utilized to manage arbitration, and the last was used in consultation, conciliation and mediation. In addition, ‘kadi’, women counselor  and the judge not only use legal formal approach but also local norm when giving advice and managing cases.

  14. 13 CFR 134.404 - Decision by Administrative Law Judge.

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Decision by Administrative Law Judge. 134.404 Section 134.404 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION RULES OF... 8(a) Program § 134.404 Decision by Administrative Law Judge. Appeal proceedings brought under this...

  15. 49 CFR 1503.607 - Administrative law judges.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 9 2010-10-01 2010-10-01 false Administrative law judges. 1503.607 Section 1503... PROCEDURES Rules of Practice in TSA Civil Penalty Actions § 1503.607 Administrative law judges. (a) Powers of...) Administer oaths and affirmations. (4) Issue subpoenas authorized by law. (5) Rule on offers of proof. (6...

  16. Judging children's participatory parity from social justice and the ...

    African Journals Online (AJOL)

    This article proposes a model for judging children's participatory parity in different social spaces. The notion of participatory parity originates in Nancy Fraser's normative theory for social justice, where it concerns the participatory status of adults. What, then, constitutes participatory parity for children? How should we judge ...

  17. 8 CFR 1240.12 - Decision of the immigration judge.

    Science.gov (United States)

    2010-01-01

    ... IMMIGRATION REGULATIONS PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES Removal... order of the immigration judge shall direct the respondent's removal from the United States, or the.... (d) Removal. When a respondent is ordered removed from the United States, the immigration judge shall...

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

    OpenAIRE

    Baggenstoss, Grazielly Alessandra

    2016-01-01

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

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

    Index Scriptorium Estoniae

    2002-01-01

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

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

    Science.gov (United States)

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

    2004-01-01

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