WorldWideScience

Sample records for supreme court overturned

  1. 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…

  2. 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…

  3. 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…

  4. 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…

  5. Attorney Argumentation and Supreme Court Opinions.

    Science.gov (United States)

    Benoit, William L.

    1989-01-01

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

  6. Supreme Court Deals Blow to Student Journalists.

    Science.gov (United States)

    Gynn, Ann

    1989-01-01

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

  7. Text Mining of Supreme Administrative Court Jurisdictions

    OpenAIRE

    Feinerer, Ingo; Hornik, Kurt

    2007-01-01

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

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

    International Nuclear Information System (INIS)

    1978-01-01

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

  9. 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)

  10. 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.

  11. 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

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

    Science.gov (United States)

    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. PMID:27737008

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

    Directory of Open Access Journals (Sweden)

    Daniel Chen

    Full Text Available 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.

  14. The Problem of Emergency in the American Supreme Court

    DEFF Research Database (Denmark)

    Ugilt, Rasmus; Hartz, Emily

    2011-01-01

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

  15. 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

  16. So You Want to Become a Supreme Court Justice?

    Science.gov (United States)

    Nicholanco, Edward

    1989-01-01

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

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

    Science.gov (United States)

    Fields, Cheryl M.

    1987-01-01

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

  18. Japan’s Supreme Court Discourse and Lifetime Employment

    DEFF Research Database (Denmark)

    Tackney, Charles T.; Sato, Toyoko

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

  19. 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.

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

    International Nuclear Information System (INIS)

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

    1983-01-01

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

  1. 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...

  2. 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…

  3. "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)

  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. Animal rights and environmemntal rights in Brazilian Supreme Court

    Directory of Open Access Journals (Sweden)

    Fernando Cesar Costa Xavier

    2018-01-01

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

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

    OpenAIRE

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

    2011-01-01

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

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

    Science.gov (United States)

    Schmidt, Peter

    2012-01-01

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

  8. 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.

  9. 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.…

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

    Science.gov (United States)

    Alger, Jonathan R.

    2013-01-01

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

  11. 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.

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

    Science.gov (United States)

    Hale, F. Dennis

    1979-01-01

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

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

    NARCIS (Netherlands)

    Lodder, A.R.

    2013-01-01

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

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

    OpenAIRE

    Hiller, Kinga

    2010-01-01

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

  15. "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…

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

    Science.gov (United States)

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

    2010-01-01

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

  17. 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....

  18. 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…

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

    NARCIS (Netherlands)

    A.C.W. Pijls (Arnoud)

    2011-01-01

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

  20. Dignity and the death penalty in the United States Supreme Court

    OpenAIRE

    Malkani, Bharat

    2016-01-01

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

  1. 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…

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

    Science.gov (United States)

    Katsiyannis, Antonis; Yell, Mitchell L.

    2002-01-01

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

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

    Science.gov (United States)

    Cole, Julio H.

    2010-01-01

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

  4. 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,…

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

    Science.gov (United States)

    Fearen, William

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

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

    Science.gov (United States)

    Lipschultz, Jeremy Harris

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

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

    Science.gov (United States)

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

    2001-01-01

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

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

    Directory of Open Access Journals (Sweden)

    María Eugenia Monte

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

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

    Science.gov (United States)

    Parmet, Wendy E

    2016-12-01

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

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

    Science.gov (United States)

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

    2011-11-01

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

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

    Science.gov (United States)

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Deonandan R

    2011-11-01

    Full Text Available Raywat Deonandan, Tarun RahmanInterdisciplinary School of Health Sciences, University of Ottawa, Ottawa, Ontario, CanadaAbstract: In December, 2010, Canada's 6 year old Assisted Human Reproduction Act was successfully challenged in the Supreme Court of Canada. There may be important implications for public health and the evolution of reproductive technologies in this country.Keywords: public health, reproductive medicine, IVF, ART, in vitro fertilization (IVF

  13. [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.

  14. The Institutional Strategy of Brazilian Supreme Court on the Legislative Process

    Directory of Open Access Journals (Sweden)

    Fernando Bentes Bentes

    2016-12-01

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

  15. 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.

  16. 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.

  17. 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.

  18. 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

  19. 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.

  20. 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.

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

    National Research Council Canada - National Science Library

    Baldrate, Brian C

    2005-01-01

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

  2. 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.

  3. 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

  4. 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.

  5. 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.

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

    Directory of Open Access Journals (Sweden)

    F.L. Ted Morton

    2015-04-01

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

  8. 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

  9. 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.

  10. 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.…

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

    Directory of Open Access Journals (Sweden)

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

    2012-11-01

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

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

    Science.gov (United States)

    Bickford, Rebekah S.

    2010-01-01

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

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

    Science.gov (United States)

    Shaw, Brian C.; Hyde, W. Brent

    1998-01-01

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

  14. 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…

  15. 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...

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

    Science.gov (United States)

    Quill and Scroll, 1988

    1988-01-01

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

  17. 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.

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

    Directory of Open Access Journals (Sweden)

    Fábio Carvalho Leite

    2016-11-01

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

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

    Directory of Open Access Journals (Sweden)

    Hjalmar Punla Hernandez

    2017-09-01

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

  20. 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.

  1. 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.

  2. 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.

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

    Directory of Open Access Journals (Sweden)

    Peter Sankoff

    2012-10-01

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

  4. 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.

  5. 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.

  6. 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)

  7. 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.

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

    NARCIS (Netherlands)

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

    2015-01-01

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

  9. 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…

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

    African Journals Online (AJOL)

    user1

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

  11. 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

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

    Directory of Open Access Journals (Sweden)

    Guilherme Gonçalves Alcântara

    2017-03-01

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

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

    Directory of Open Access Journals (Sweden)

    Augusto Jobim do Amaral

    2017-10-01

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

  14. 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.

  15. 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.

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

    Science.gov (United States)

    Morvai, Ronald L.; Dye, Charles M.

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

  17. 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…

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

    Science.gov (United States)

    Luna, Andrew

    1996-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Luciano Da Ros

    2010-06-01

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

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

    DEFF Research Database (Denmark)

    Nielsen, Ruth; Tvarnø, Christina D.

    2017-01-01

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

  1. 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.

  2. 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

  3. 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.

  4. 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

  5. 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.

  6. 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.

  7. 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.

  8. 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

  9. 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.

  10. 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

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

    DEFF Research Database (Denmark)

    Hartz, Emily

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

  12. 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

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

    DEFF Research Database (Denmark)

    Minssen, Timo

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Marciano Seabra de Godoi

    2016-07-01

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

  15. Supremely Hot Potatoes.

    Science.gov (United States)

    Daly, Joseph L.; Walz, Monte

    1983-01-01

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

  16. 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

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

    DEFF Research Database (Denmark)

    Bergqvist, Christian; Christensen, Laurits Peder Schmidt

    2015-01-01

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

  18. 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.

  19. 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.

  20. 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.

  1. "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.

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

    International Nuclear Information System (INIS)

    Anon.

    1978-01-01

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

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

    Science.gov (United States)

    Chan, Benny; Somerville, Margaret

    2016-01-01

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

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

    Science.gov (United States)

    1997-02-21

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

  5. 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.

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

    Science.gov (United States)

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

    2017-01-01

    Exposure to radiofrequency (RF) radiation was classified as a possible human carcinogen, Group 2B, by the International Agency for Research on Cancer at WHO in 2011. The exposure pattern is changing due to the rapid development of technology. Outdoor RF radiation level was measured during five tours in Stockholm Old Town in April, 2016 using the EME Spy 200 exposimeter with 20 predefined frequencies. The results were based on 10,437 samples in total. The mean level of the total RF radiation was 4,293 µW/m2 (0.4293 µW/cm2). The highest mean levels were obtained for global system for mobile communications (GSM) + universal mobile telecommunications system (UMTS) 900 downlink and long-term evolution (LTE) 2600 downlink (1,558 and 1,265 µW/m2, respectively). The town squares displayed highest total mean levels, with the example of Järntorget square with 24,277 µW/m2 (min 257, max 173,302 µW/m2). These results were in large contrast to areas with lowest total exposure, such as the Supreme Court, with a mean level of 404 µW/m2 (min 20.4, max 4,088 µW/m2). In addition, measurements in the streets surrounding the Royal Castle were lower than the total for the Old Town, with a mean of 756 µW/m2 (min 0.3, max 50,967 µW/m2). The BioInitiative 2012 Report defined the scientific benchmark for possible health risks as 30–60 µW/m2. Our results of outdoor RF radiation exposure at Stockholm Old Town are significantly above that level. The mean exposure level at Järntorget square was 405-fold higher than 60 µW/m2. Our results were below the reference level on 10,000,000 µW/m2 established by the International Commission on Non-Ionizing Radiation Protection (ICNIRP), which, however, are less credible, as they do not take non-thermal effects into consideration and are not based on sound scientific evaluation. Our highest measured mean level at Järntorget was 0.24% of the ICNIRP level. A number of studies have found adverse, non-thermal (no measurable temperature

  7. 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

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

    Directory of Open Access Journals (Sweden)

    Oona de Oliveira Cajú

    2017-04-01

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

  9. 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

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

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

    Directory of Open Access Journals (Sweden)

    David Delgado Ramos

    2017-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Krzysztof Lasiński-Sulecki

    2018-03-01

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

  12. 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

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

    Directory of Open Access Journals (Sweden)

    Marcos Paulo Verissimo

    2008-12-01

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

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

    DEFF Research Database (Denmark)

    Minssen, Timo; Nilsson, David

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Leonel Cesarino Pessôa

    2009-06-01

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

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

    Science.gov (United States)

    Buzzi, Fabio

    2010-01-01

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

  17. 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.

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

    Directory of Open Access Journals (Sweden)

    Aasim Hakim Abbas Al-Jubouri عاصم حاكم عباس الجبوري

    2017-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Oona de Oliveira Cajú

    2017-04-01

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

  20. "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

  1. International Justice through Domestic Courts:

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    José Marcos Domingues

    2009-06-01

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

  3. 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)

  4. [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.

  5. Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

    Science.gov (United States)

    2006-09-26

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

  6. 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…

  7. 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

  8. 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

  9. 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…

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

    Directory of Open Access Journals (Sweden)

    Vera Karam de Chueiri

    2009-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Camila Duran-Ferreira

    2009-06-01

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

  12. 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

  13. The Legal Investigation Peculiarities in RF Constitutional Court

    Directory of Open Access Journals (Sweden)

    Natal'ya V. Lebedeva

    2012-11-01

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

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

    Directory of Open Access Journals (Sweden)

    Luisa Moraes Abreu Ferreira

    2011-06-01

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

  15. Overturning to the oil sector

    International Nuclear Information System (INIS)

    Valenzuela, Luis Carlos

    1999-01-01

    In only 11 months, the Mines and Energy Sector, especially with concerning to oil politics and to Ecopetrol it has given a total overturn, not only new economic conditions settled down to attract investment in the sector, the politics advanced in the activation of the environmental licenses and the consultations with the community. As for Ecopetrol bottom changes were made that guarantee their passive of pensions, disabling this way a fiscal bomb and the countable system was changed that will make that Ecopetrol counts the raw as a capitalization on the part of the Colombians guaranteeing an appropriate return to the petroleum that is given in administration

  16. K-12 Implications Seen in Some Cases before High Court

    Science.gov (United States)

    Walsh, Mark

    2010-01-01

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

  17. Supreme Court Term Review: Cell Phones, Protests, and Prayer

    Science.gov (United States)

    Cohen, Mark

    2014-01-01

    If there is one thing that teenagers like to talk about when it comes to the law, it's who does and does not have the right to search their "stuff." And in the world of "stuff," there is nothing more important to average American teenagers than their cell phones. So when, in the waning days of its 2013-2014 term, the U.S.…

  18. Activist Infighting among Courts and Breakdown of Mutual Trust?

    DEFF Research Database (Denmark)

    Neergaard, Ulla; Sørensen, Karsten Engsig

    2017-01-01

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

  19. Stalking and compensation for existential damage. Some remarks starting from the sentences of the Court of Cassation (Supreme Court of November 11, 2008 - Le stalking et l’indemnisation du dommage existentiel. Quelques considérations suite aux jugements de la Cour de Cassation en Chambres Unies du 11 novembre 2008 - Stalking e risarcimento del danno esistenziale. Alcune considerazioni alla luce delle sentenze della Corte di Cassazione a Sezioni Unite dell’11 novembre 2008

    Directory of Open Access Journals (Sweden)

    Florio M.

    2009-05-01

    Full Text Available A few days ago, a regulation against stalking was introduced into the Italian system, inserting the art. 612 bis into the Italian penal code. The author considers the new set of rules, aiming to defend the stalking victim, and the prospects of compensation for damage to the person. Above all, puts more emphasis on the analysis of compensation for existential damage, which is now accepted to be repayable as a result of the important sentences of the Court of Cassation in 2008, when definite criteria were established. From now on, such criteria for a systematic analysis of compensation for existential damage will be a reference point for the Italian Courts.

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

    Science.gov (United States)

    McCarthy, William Osler

    1979-01-01

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

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

    Science.gov (United States)

    Chilton, Bradley; Chwialkowski, Paul

    2014-01-01

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

  2. 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…

  3. Seasonal overturning circulation in the Red Sea: 2. Winter circulation

    KAUST Repository

    Yao, Fengchao; Hoteit, Ibrahim; Pratt, Lawrence J.; Bower, Amy S.; Kö hl, Armin; Gopalakrishnan, Ganesh; Rivas, David

    2014-01-01

    The shallow winter overturning circulation in the Red Sea is studied using a 50 year high-resolution MITgcm (MIT general circulation model) simulation with realistic atmospheric forcing. The overturning circulation for a typical year, represented

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

    Science.gov (United States)

    Cozac, David

    2009-12-01

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

  5. High Court Case Could Rein in Private Placements under IDEA

    Science.gov (United States)

    Walsh, Mark

    2007-01-01

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

  6. Court Upholds Confidentiality of Research Records/Data.

    Science.gov (United States)

    Florio, David H.

    1980-01-01

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

  7. 76 FR 45007 - Sentencing Guidelines for United States Courts

    Science.gov (United States)

    2011-07-27

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

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

    Science.gov (United States)

    Pottker, Janice

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

  9. 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…

  10. Seasonal Overturning Circulation in the Red Sea

    Science.gov (United States)

    Yao, F.; Hoteit, I.; Koehl, A.

    2010-12-01

    The Red Sea exhibits a distinct seasonal overturning circulation. In winter, a typical two-layer exchange structure, with a fresher inflow from the Gulf of Aden on top of an outflow from the Red Sea, is established. In summer months (June to September) this circulation pattern is changed to a three-layer structure: a surface outflow from the Red Sea on top of a subsurface intrusion of the Gulf of Aden Intermediate Water and a weakened deep outflow. This seasonal variability is studied using a general circulation model, MITgcm, with 6 hourly NCEP atmospheric forcing. The model is able to reproduce the observed seasonal variability very well. The forcing mechanisms of the seasonal variability related to seasonal surface wind stress and buoyancy flux, and water mass transformation processes associated with the seasonal overturning circulation are analyzed and presented.

  11. Abyssal ocean overturning shaped by seafloor distribution

    Science.gov (United States)

    de Lavergne, C.; Madec, G.; Roquet, F.; Holmes, R. M.; McDougall, T. J.

    2017-11-01

    The abyssal ocean is broadly characterized by northward flow of the densest waters and southward flow of less-dense waters above them. Understanding what controls the strength and structure of these interhemispheric flows—referred to as the abyssal overturning circulation—is key to quantifying the ocean’s ability to store carbon and heat on timescales exceeding a century. Here we show that, north of 32° S, the depth distribution of the seafloor compels dense southern-origin waters to flow northward below a depth of about 4 kilometres and to return southward predominantly at depths greater than 2.5 kilometres. Unless ventilated from the north, the overlying mid-depths (1 to 2.5 kilometres deep) host comparatively weak mean meridional flow. Backed by analysis of historical radiocarbon measurements, the findings imply that the geometry of the Pacific, Indian and Atlantic basins places a major external constraint on the overturning structure.

  12. Regulatory behaviour under threat of court reversal

    DEFF Research Database (Denmark)

    Söderberg, Magnus; Menezes, Flavio; Santolino, Miguel

    2018-01-01

    , (ii) inexperienced regulators care more about not having their decisions overturned than experienced regulators, and (iii) experienced regulators also care about consumer surplus. The theoretical implications are tested using a database of Swedish regulatory decisions from the electricity distribution...... sector. We provide empirical evidence that inexperienced regulators are more likely to set higher regulated prices than experienced regulators, and as the complexity of the case increases, there are on averagemore overturned decisions and higher prices for inexperienced regulators. The links between...... experience, complexity and regulatory outcomes are both statistically and economically significant. Simulations show that if those decisions that were not appealed had been appealed, then the court would have lowered the prices by 10% on average....

  13. 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.

  14. How do the Constitutional Courts decide?

    Directory of Open Access Journals (Sweden)

    Pasquale Pasquino

    2016-12-01

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

  15. On the Role of Mantle Overturn during Magma Ocean Solidification

    Science.gov (United States)

    Boukaré, C. E.; Parmentier, E.; Parman, S. W.

    2017-12-01

    Solidification of potential global magma ocean(s) (MO) early in the history of terrestrial planets may play a key role in the evolution of planetary interiors by setting initial conditions for their long-term evolution. Constraining this initial structure of solid mantles is thus crucial but remains poorly understood. MO fractional crystallization has been proposed to generate gravitationally unstable Fe-Mg chemical stratification capable of driving solid-state mantle overturn. Fractional solidification and overturn hypothesis, while only an ideal limiting case, can explain important geochemical features of both the Moon and Mars. Current overturn models consider generally post-MO overturn where the cumulate pile remains immobile until the end of MO solidification. However, if the cumulate pile overturns during MO solidification, the general picture of early planet evolution might differ significantly from the static crystallization models. We show that the timing of mantle overturn can be characterized with a dimensionless number measuring the ratio of the MO solidification time and the purely compositional overturn timescale. Syn-solidification overturn occurs if this dimensionless parameter, Rc, exceeds a critical value. Rc is mostly affected by the competition between the MO solidification time and mantle viscosity. Overturn that occurs during solidification can result in smaller scales of mantle chemical heterogeneity that could persist for long times thus influencing the whole evolution of a planetary body. We will discuss the effects of compaction/percolation on mantle viscosity. If partially molten cumulate do not have time to compact during MO solidification, viscosity of cumulates would be significantly lower as the interstitcial melt fraction would be large. Both solid mantle remelting during syn-solidification overturn and porous convection of melt retained with the cumulates are expected to reduce the degree of fractional crystallization. Syn

  16. Overturning behaviour of nuclear power plant structures during earthquakes

    International Nuclear Information System (INIS)

    Dalal, J.S.; Perumalswami, P.R.

    1977-01-01

    Nuclear power plant structures are designed to withstand severe postulated seismic forces. Structures subjected to such forces may be found to ''overturn'', if the factor of safety is computed in the traditional way, treating these forces as static. This study considers the transient nature of the problem and draws distinction between rocking, tipping and overturning. Responses of typical nuclear power plant structures to earthquake motions are used to assess their overturning potential more realistically. Structures founded on both rock and soil are considered. It is demonstrated that the traditional factor of safety, when smaller than unity, indicates only minimal base rotations and not necessarily overturning. (auth.)

  17. Court orders on procreation.

    Science.gov (United States)

    Matevosyan, Naira R

    2016-01-01

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

  18. 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...

  19. 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...

  20. Rayleigh-Taylor convective overturn in stellar collapse

    International Nuclear Information System (INIS)

    Bruenn, S.W.; Buchler, J.R.; Livio, M.

    1979-01-01

    Rayleigh--Taylor convective overturn in collapsing stellar cores is modeled with a one-dimensional parametrization. The results of a numerical hydrodynamic study are very encouraging and indicate that such an overturn could well be a dominant feature in the supernova explosion mechanism

  1. 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.

  2. State court rejects estoppel in job accommodation case.

    Science.gov (United States)

    1997-07-25

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

  3. 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

  4. 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…

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

    Science.gov (United States)

    Pereira, Daniel J; Kunin, Stephen G

    2014-12-04

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

  6. 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.

  7. 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 ...

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

    NARCIS (Netherlands)

    Holvast, N.L.

    2014-01-01

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

  9. 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…

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

    Science.gov (United States)

    Fields, Cheryl M.

    1987-01-01

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

  11. 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…

  12. Modelling the Seasonal Overturning Circulation in the Red Sea

    KAUST Repository

    Yao, Fengchao; Hoteit, Ibrahim; Pratt, Larry; Bower, Amy; Koehl, Armin; Gopalakrishnan, Ganesh

    2015-01-01

    The overturning circulation in the Red Sea exhibits a distinct seasonally reversing pattern and is studied using 50-year, high-resolution MIT general circulation model simulations. The seasonal water exchange in the Strait of Bab el Mandeb

  13. Modelling the Seasonal Overturning Circulation in the Red Sea

    KAUST Repository

    Yao, Fengchao

    2015-04-01

    The overturning circulation in the Red Sea exhibits a distinct seasonally reversing pattern and is studied using 50-year, high-resolution MIT general circulation model simulations. The seasonal water exchange in the Strait of Bab el Mandeb is successfully simulated, and the structures of the intruding subsurface Gulf of Aden intermediate water are in good agreement with summer observations in 2011. The model results suggest that the summer overturning circulation is driven by the combined effect of the shoaling of the thermocline in the Gulf of Aden resulting from remote winds in the Arabian Sea and an upward surface slope from the Red Sea to the Gulf of Aden set up by local surface winds in the Red Sea. For the winter overturning circulation, the climatological model mean results suggest that the surface inflow intensifies in a western boundary current in the southern Red Sea that switches to an eastern boundary current north of 24°N. The overturning is accomplished through a cyclonic recirculation and a cross-basin overturning circulation in the northern Red Sea, with major sinking occurring along a narrow band of width about 20 km along the eastern boundary and weaker upwelling along the western boundary. The northward pressure gradient force, strong vertical mixing, and horizontal mixing near the boundary are the essential dynamical components in the model\\'s winter overturning circulation.

  14. North Atlantic observations sharpen meridional overturning projections

    Science.gov (United States)

    Olson, R.; An, S.-I.; Fan, Y.; Evans, J. P.; Caesar, L.

    2018-06-01

    Atlantic Meridional Overturning Circulation (AMOC) projections are uncertain due to both model errors, as well as internal climate variability. An AMOC slowdown projected by many climate models is likely to have considerable effects on many aspects of global and North Atlantic climate. Previous studies to make probabilistic AMOC projections have broken new ground. However, they do not drift-correct or cross-validate the projections, and do not fully account for internal variability. Furthermore, they consider a limited subset of models, and ignore the skill of models at representing the temporal North Atlantic dynamics. We improve on previous work by applying Bayesian Model Averaging to weight 13 Coupled Model Intercomparison Project phase 5 models by their skill at modeling the AMOC strength, and its temporal dynamics, as approximated by the northern North-Atlantic temperature-based AMOC Index. We make drift-corrected projections accounting for structural model errors, and for the internal variability. Cross-validation experiments give approximately correct empirical coverage probabilities, which validates our method. Our results present more evidence that AMOC likely already started slowing down. While weighting considerably moderates and sharpens our projections, our results are at low end of previously published estimates. We project mean AMOC changes between periods 1960-1999 and 2060-2099 of -4.0 Sv and -6.8 Sv for RCP4.5 and RCP8.5 emissions scenarios respectively. The corresponding average 90% credible intervals for our weighted experiments are [-7.2, -1.2] and [-10.5, -3.7] Sv respectively for the two scenarios.

  15. Juvenile Court Statistics - 1972.

    Science.gov (United States)

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

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

  16. Juvenile Court Statistics, 1974.

    Science.gov (United States)

    Corbett, Jacqueline; Vereb, Thomas S.

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

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

    Directory of Open Access Journals (Sweden)

    Thaminne Nathalia Cabral Moraes e Silva

    2016-12-01

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

  18. Seasonal overturning circulation in the Red Sea: 2. Winter circulation

    Science.gov (United States)

    Yao, Fengchao; Hoteit, Ibrahim; Pratt, Larry J.; Bower, Amy S.; Köhl, Armin; Gopalakrishnan, Ganesh; Rivas, David

    2014-04-01

    The shallow winter overturning circulation in the Red Sea is studied using a 50 year high-resolution MITgcm (MIT general circulation model) simulation with realistic atmospheric forcing. The overturning circulation for a typical year, represented by 1980, and the climatological mean are analyzed using model output to delineate the three-dimensional structure and to investigate the underlying dynamical mechanisms. The horizontal model circulation in the winter of 1980 is dominated by energetic eddies. The climatological model mean results suggest that the surface inflow intensifies in a western boundary current in the southern Red Sea that switches to an eastern boundary current north of 24°N. The overturning is accomplished through a cyclonic recirculation and a cross-basin overturning circulation in the northern Red Sea, with major sinking occurring along a narrow band of width about 20 km along the eastern boundary and weaker upwelling along the western boundary. The northward pressure gradient force, strong vertical mixing, and horizontal mixing near the boundary are the essential dynamical components in the model's winter overturning circulation. The simulated water exchange is not hydraulically controlled in the Strait of Bab el Mandeb; instead, the exchange is limited by bottom and lateral boundary friction and, to a lesser extent, by interfacial friction due to the vertical viscosity at the interface between the inflow and the outflow.

  19. 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.

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

    International Nuclear Information System (INIS)

    Thomas, L.W.

    1981-01-01

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

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

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

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

  2. 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

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

    African Journals Online (AJOL)

    2013-11-01

    Nov 1, 2013 ... Jolie had undergone an elective double mastectomy, in the hope of reducing her .... jurisdictions in biotechnological innovation. Their position ... Competition and Tax Law, and current incumbent of the National. Intellectual ...

  4. 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.

  5. 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...

  6. Impact of interocean exchange on the Atlantic overturning circulation

    NARCIS (Netherlands)

    Weijer, W.

    2000-01-01

    The awareness that human activity could change climate has greatly raised public and scientific interest in climate. One issue of present-day climate research is the stability of the thermohaline circulation. This overturning circulation, popularly known as the `conveyor belt', redistributes

  7. Atlantic Meridional Overturning Circulation During the Last Glacial Maximum.

    NARCIS (Netherlands)

    Lynch-Stieglitz, J.; Adkins, J.F.; Curry, W.B.; Dokken, T.; Hall, I.R.; Herguera, J.C.; Hirschi, J.J.-M.; Ivanova, E.V.; Kissel, C.; Marchal, O.; Marchitto, T.M.; McCave, I.N.; McManus, J.F.; Mulitza, S.; Ninnemann, U.; Peeters, F.J.C.; Yu, E.-F.; Zahn, R.

    2007-01-01

    The circulation of the deep Atlantic Ocean during the height of the last ice age appears to have been quite different from today. We review observations implying that Atlantic meridional overturning circulation during the Last Glacial Maximum was neither extremely sluggish nor an enhanced version of

  8. "Act in Good Faith."

    Science.gov (United States)

    McKay, Robert B.

    1979-01-01

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

  9. Seasonal overturning circulation in the Red Sea: 2. Winter circulation

    KAUST Repository

    Yao, Fengchao

    2014-04-01

    The shallow winter overturning circulation in the Red Sea is studied using a 50 year high-resolution MITgcm (MIT general circulation model) simulation with realistic atmospheric forcing. The overturning circulation for a typical year, represented by 1980, and the climatological mean are analyzed using model output to delineate the three-dimensional structure and to investigate the underlying dynamical mechanisms. The horizontal model circulation in the winter of 1980 is dominated by energetic eddies. The climatological model mean results suggest that the surface inflow intensifies in a western boundary current in the southern Red Sea that switches to an eastern boundary current north of 24N. The overturning is accomplished through a cyclonic recirculation and a cross-basin overturning circulation in the northern Red Sea, with major sinking occurring along a narrow band of width about 20 km along the eastern boundary and weaker upwelling along the western boundary. The northward pressure gradient force, strong vertical mixing, and horizontal mixing near the boundary are the essential dynamical components in the model\\'s winter overturning circulation. The simulated water exchange is not hydraulically controlled in the Strait of Bab el Mandeb; instead, the exchange is limited by bottom and lateral boundary friction and, to a lesser extent, by interfacial friction due to the vertical viscosity at the interface between the inflow and the outflow. Key Points Sinking occurs in a narrow boundary layer along the eastern boundary Surface western boundary current switches into an eastern boundary current Water exchange in the Strait of Bab el Mandeb is not hydraulically controlled © 2014. American Geophysical Union. All Rights Reserved.

  10. 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

  11. 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....

  12. A spatial cluster analysis of tractor overturns in Kentucky from 1960 to 2002.

    Directory of Open Access Journals (Sweden)

    Daniel M Saman

    Full Text Available Agricultural tractor overturns without rollover protective structures are the leading cause of farm fatalities in the United States. To our knowledge, no studies have incorporated the spatial scan statistic in identifying high-risk areas for tractor overturns. The aim of this study was to determine whether tractor overturns cluster in certain parts of Kentucky and identify factors associated with tractor overturns.A spatial statistical analysis using Kulldorff's spatial scan statistic was performed to identify county clusters at greatest risk for tractor overturns. A regression analysis was then performed to identify factors associated with tractor overturns.The spatial analysis revealed a cluster of higher than expected tractor overturns in four counties in northern Kentucky (RR = 2.55 and 10 counties in eastern Kentucky (RR = 1.97. Higher rates of tractor overturns were associated with steeper average percent slope of pasture land by county (p = 0.0002 and a greater percent of total tractors with less than 40 horsepower by county (p<0.0001.This study reveals that geographic hotspots of tractor overturns exist in Kentucky and identifies factors associated with overturns. This study provides policymakers a guide to targeted county-level interventions (e.g., roll-over protective structures promotion interventions with the intention of reducing tractor overturns in the highest risk counties in Kentucky.

  13. Pulling the Meridional Overturning Circulation From the South DESC0005100

    Energy Technology Data Exchange (ETDEWEB)

    Cessi, Paola [Univ. of California, San Diego, CA (United States); Wolfe, Christopher L. [Scripps Inst. of Oceanography, San Diego, CA (United States)

    2015-11-25

    This project concerned the Atlantic Meridional Overturning Circulation (AMOC), its stability, variability and sensitivity to atmospheric forcing, both mechanical (wind-stress) and thermodynamical (heat and freshwater surface fluxes). The focus of the study is the interhemispheric cell in the largely adiabatic regime, where the flow is characterized by a descending branch in the high latitudes of the North Atlantic and the upwelling branch in the Antarctic Circumpolar Current (ACC) region of the Southern Ocean. These two end points are connected by shared isopycnals along which the flow takes place. The approach is to systematically study the amplitude and frequency of the AMOC’s response to localized buoyancy with an ocean-only model in both coarse and high-resolution configurations, analyzed with innovative diagnostics, focused on the “residual overturning circulation” (ROC), which is the proper measure of the transport of heat and other tracers.

  14. Active Pacific meridional overturning circulation (PMOC) during the warm Pliocene.

    Science.gov (United States)

    Burls, Natalie J; Fedorov, Alexey V; Sigman, Daniel M; Jaccard, Samuel L; Tiedemann, Ralf; Haug, Gerald H

    2017-09-01

    An essential element of modern ocean circulation and climate is the Atlantic meridional overturning circulation (AMOC), which includes deep-water formation in the subarctic North Atlantic. However, a comparable overturning circulation is absent in the Pacific, the world's largest ocean, where relatively fresh surface waters inhibit North Pacific deep convection. We present complementary measurement and modeling evidence that the warm, ~400-ppmv (parts per million by volume) CO 2 world of the Pliocene supported subarctic North Pacific deep-water formation and a Pacific meridional overturning circulation (PMOC) cell. In Pliocene subarctic North Pacific sediments, we report orbitally paced maxima in calcium carbonate accumulation rate, with accompanying pigment and total organic carbon measurements supporting deep-ocean ventilation-driven preservation as their cause. Together with high accumulation rates of biogenic opal, these findings require vigorous bidirectional communication between surface waters and interior waters down to ~3 km in the western subarctic North Pacific, implying deep convection. Redox-sensitive trace metal data provide further evidence of higher Pliocene deep-ocean ventilation before the 2.73-Ma (million years) transition. This observational analysis is supported by climate modeling results, demonstrating that atmospheric moisture transport changes, in response to the reduced meridional sea surface temperature gradients of the Pliocene, were capable of eroding the halocline, leading to deep-water formation in the western subarctic Pacific and a strong PMOC. This second Northern Hemisphere overturning cell has important implications for heat transport, the ocean/atmosphere cycle of carbon, and potentially the equilibrium response of the Pacific to global warming.

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

    Science.gov (United States)

    Appelbaum, Paul S

    2011-10-01

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

  16. Coastal Microstructure: From Active Overturn to Fossil Turbulence

    Science.gov (United States)

    Tau Leung, Pak

    2011-11-01

    The Remote Anthropogenic Sensing Program was a five year effort (2001- 2005) to examine subsurface phenomena related to a sewage outfall off the coast of Oahu, Hawaii. This research has implications for basic ocean hydrodynamics, particularly for a greatly improved understanding of the evolution of turbulent patches. It was the first time a microstructure measurement was used to study such a buoyancy-driven turbulence generated by a sea-floor diffuser. In 2004, two stations were selected to represent the near field and ambient conditions. They have nearly identical bathymetrical and hydrographical features and provide an ideal environment for a control experiment. Repeated vertical microstructure measurements were performed at both stations for 20 days. A time series of physical parameters was collected and used for statistical analysis. After comparing the data from both stations, it can be concluded that the turbulent mixing generated by the diffuser contributes to the elevated dissipation rate observed in the pycnocline and bottom boundary layer. To further understand the mixing processes in both regions, data were plotted on a Hydrodynamic Phase Diagram. The overturning stages of the turbulent patches are identified by Hydrodynamic Phase Diagram. This technique provides detailed information on the evolution of the turbulent patches from active overturns to fossilized scalar microstructures in the water column. Results from this study offer new evidence to support the fossil turbulence theory. This study concluded that: 1. Field Data collected near a sea-floor outfall diffuser show that turbulent patches evolve from active (overturning) to fossil (buoyancy-inhibited) stages, consistent with the process of turbulent patch evolution proposed by fossil turbulence theory. 2. The data show that active (overturning) and fossil (buoyancy-inhibited) patches have smaller length scales than the active+fossil (intermediate) stage of patch evolution, consistent with fossil

  17. 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.

  18. 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

  19. Higher prudence as the supreme virtue in international politics

    NARCIS (Netherlands)

    Kamminga, M.R.

    2008-01-01

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

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

    African Journals Online (AJOL)

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

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

    Science.gov (United States)

    Osborn, Elizabeth

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

  2. Your business in court: 2009-2010.

    Science.gov (United States)

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

    2011-01-01

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

  3. 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.

  4. Circuit courts clash over HIV in the workplace.

    Science.gov (United States)

    1997-09-19

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

  5. 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

  6. 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.

  7. A multimodel comparison of centennial Atlantic meridional overturning circulation variability

    Energy Technology Data Exchange (ETDEWEB)

    Menary, Matthew B.; Vellinga, Michael; Palmer, Matthew D. [Met Office Hadley Centre, Exeter, Devon (United Kingdom); Park, Wonsun; Latif, Mojib [IFM-GEOMAR, Leibniz-Institut fuer Meereswissenschaften, Kiel (Germany); Lohmann, Katja; Jungclaus, Johann H. [Max Planck Inst Meteorol, Hamburg (Germany)

    2012-06-15

    A mechanism contributing to centennial variability of the Atlantic Meridional Overturning Circulation (AMOC) is tested with multi-millennial control simulations of several coupled general circulation models (CGCMs). These are a substantially extended integration of the 3rd Hadley Centre Coupled Climate Model (HadCM3), the Kiel Climate Model (KCM), and the Max Plank Institute Earth System Model (MPI-ESM). Significant AMOC variability on time scales of around 100 years is simulated in these models. The centennial mechanism links changes in the strength of the AMOC with oceanic salinities and surface temperatures, and atmospheric phenomena such as the Intertropical Convergence Zone (ITCZ). 2 of the 3 models reproduce all aspects of the mechanism, with the third (MPI-ESM) reproducing most of them. A comparison with a high resolution paleo-proxy for Sea Surface Temperatures (SSTs) north of Iceland over the last 4,000 years, also linked to the ITCZ, suggests that elements of this mechanism may also be detectable in the real world. (orig.)

  8. Guide to Alabama Court Procedures.

    Science.gov (United States)

    Alabama Administrative Office of Courts, Montgomery.

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

  9. Supervisory Control and Court Management

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2009-08-01

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

  10. "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.

  11. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

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

  12. Chores at Times of Fatal or Serious Injuries Associated with Tractor Overturns with and without Rollover Protection

    Directory of Open Access Journals (Sweden)

    Henry P. Cole

    2016-09-01

    Full Text Available This study describes chores when farmers were either fatally or seriously injured and required emergency medical treatment as a result of overturns of tractors with or without rollover protective structures (ROPS. Data from the 2002 Kentucky Farm Tractor Overturn Survey were used for this study. The data were collected by a telephone survey of a population-based random sample of 6063 (7.98% of Kentucky’s 76,017 farm operators as listed in the Kentucky Agricultural Statistics Service database. Of farm operators interviewed, 551 (9.1% reported 603 overturns and 5512 (90.9% reported no overturns in the history of their farm, covering a period from 1925 to February 2002. Only the latest overturn was considered to improve recall accuracy. In addition, since the 1925 to 1959 time period had only 49 (8.1% of the overturns reported, (14 farmers did not provide the year of most recent overturn; only data from the 1960 to 2002 period (approximately 41 years were used. After making these adjustments, incidents evaluated included 25 cases (one fatal and four serious nonfatal injuries that involved ROPS-equipped tractor overturns and 88 cases (24 fatal and 64 serious nonfatal injuries that involved non-ROPS tractor overturns. Chores at highest risk for tractor overturns were identified for which educational and ROPS retrofit interventions could be emphasized. The highest frequency of overturn-related fatalities and nonfatal injuries were associated with hay harvesting, rotary mowing, and on-farm travel chores. These three chores represented 68.2% of fatal events and 50.0% of permanent and 56.6% of temporary disability overturn incidents. Tragically, in countries such as India and China with emerging mechanization, a large majority of tractors are produced without ROPS that can be expected to result in the same overturn-related epidemic of deaths experienced in highly mechanized countries, despite evidence of the protection provided by ROPS.

  13. 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.

  14. 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.

  15. 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...

  16. Understanding variability of the Southern Ocean overturning circulation in CORE-II models

    Science.gov (United States)

    Downes, S. M.; Spence, P.; Hogg, A. M.

    2018-03-01

    The current generation of climate models exhibit a large spread in the steady-state and projected Southern Ocean upper and lower overturning circulation, with mechanisms for deep ocean variability remaining less well understood. Here, common Southern Ocean metrics in twelve models from the Coordinated Ocean-ice Reference Experiment Phase II (CORE-II) are assessed over a 60 year period. Specifically, stratification, surface buoyancy fluxes, and eddies are linked to the magnitude of the strengthening trend in the upper overturning circulation, and a decreasing trend in the lower overturning circulation across the CORE-II models. The models evolve similarly in the upper 1 km and the deep ocean, with an almost equivalent poleward intensification trend in the Southern Hemisphere westerly winds. However, the models differ substantially in their eddy parameterisation and surface buoyancy fluxes. In general, models with a larger heat-driven water mass transformation where deep waters upwell at the surface ( ∼ 55°S) transport warmer waters into intermediate depths, thus weakening the stratification in the upper 2 km. Models with a weak eddy induced overturning and a warm bias in the intermediate waters are more likely to exhibit larger increases in the upper overturning circulation, and more significant weakening of the lower overturning circulation. We find the opposite holds for a cool model bias in intermediate depths, combined with a more complex 3D eddy parameterisation that acts to reduce isopycnal slope. In summary, the Southern Ocean overturning circulation decadal trends in the coarse resolution CORE-II models are governed by biases in surface buoyancy fluxes and the ocean density field, and the configuration of the eddy parameterisation.

  17. 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.

  18. The courts in Renaissance Italy

    Directory of Open Access Journals (Sweden)

    Beatrice Del Bo

    2011-09-01

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

  19. ECHR and national constitutional courts

    Directory of Open Access Journals (Sweden)

    Nastić Maja

    2015-01-01

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

  20. Atlantic Meridional Overturning Circulation response to idealized external forcing

    Energy Technology Data Exchange (ETDEWEB)

    Park, W.; Latif, M. [Leibniz-Institut fuer Meereswissenschaften an der Universitaet Kiel, Kiel (Germany)

    2012-10-15

    The response of the Atlantic Meridional Overturning Circulation (AMOC) to idealized external (solar) forcing is studied in terms of the internal (unforced) AMOC modes with the Kiel Climate Model (KCM), a coupled atmosphere-ocean-sea ice general circulation model. The statistical investigation of KCM's internal AMOC variability obtained from a multi-millennial control run yields three distinct modes: a multi-decadal mode with a period of about 60 years, a quasi-centennial mode with a period of about 100 years and a multi-centennial mode with a period of about 300-400 years. Most variance is explained by the multi-centennial mode, and the least by the quasi-centennial mode. The solar constant varies sinusoidally with two different periods (100 and 60 years) in forced runs with KCM. The AMOC response to the external forcing is rather complex and nonlinear. It involves strong changes in the frequency structure of the variability. While the control run depicts multi-timescale behavior, the AMOC variability in the experiment with 100 year forcing period is channeled into a relatively narrow band centered near the forcing period. It is the quasi-centennial AMOC mode with a period of just under 100 years which is excited, although it is heavily damped in the control run. Thus, the quasi-centennial mode retains its period which does not correspond exactly to the forcing period. Surprisingly, the quasi-centennial mode is also most strongly excited when the forcing period is set to 60 years, the period of the multi-decadal mode which is rather prominent in the control run. It is largely the spatial structure of the forcing rather than its period that determines which of the three internal AMOC modes is excited. The results suggest that we need to understand the full modal structure of the internal AMOC variability in order to understand the circulation's response to external forcing. This could be a challenge for climate models: we cannot necessarily expect that the

  1. Simulated variability of the Atlantic meridional overturning circulation

    Science.gov (United States)

    Bentsen, M.; Drange, H.; Furevik, T.; Zhou, T.

    To examine the multi-annual to decadal scale variability of the Atlantic Meridional Overturning Circulation (AMOC) we conducted a four-member ensemble with a daily reanalysis forced, medium-resolution global version of the isopycnic coordinate ocean model MICOM, and a 300-years integration with the fully coupled Bergen Climate Model (BCM). The simulations of the AMOC with both model systems yield a long-term mean value of 18 Sv and decadal variability with an amplitude of 1-3 Sv. The power spectrum of the inter-annual to decadal scale variability of the AMOC in BCM generally follows the theoretical red noise spectrum, with indications of increased power near the 20-years period. Comparison with observational proxy indices for the AMOC, e.g. the thickness of the Labrador Sea Water, the strength of the baroclinic gyre circulation in the North Atlantic Ocean, and the surface temperature anomalies along the mean path of the Gulf Stream, shows similar trends and phasing of the variability, indicating that the simulated AMOC variability is robust and real. Mixing indices have been constructed for the Labrador, the Irminger and the Greenland-Iceland-Norwegian (GIN) seas. While convective mixing in the Labrador and the GIN seas are in opposite phase, and linked to the NAO as observations suggest, the convective mixing in the Irminger Sea is in phase with or leads the Labrador Sea. Newly formed deep water is seen as a slow, anomalous cold and fresh, plume flowing southward along the western continental slope of the Atlantic Ocean, with a return flow of warm and saline water on the surface. In addition, fast-travelling topographically trapped waves propagate southward along the continental slope towards equator, where they go east and continue along the eastern rim of the Atlantic. For both types of experiments, the Northern Hemisphere sea level pressure and 2 m temperature anomaly patterns computed based on the difference between climate states with strong and weak AMOC

  2. River runoff influences on the Central Mediterranean overturning circulation

    Science.gov (United States)

    Verri, Giorgia; Pinardi, N.; Oddo, P.; Ciliberti, S. A.; Coppini, G.

    2018-03-01

    The role of riverine freshwater inflow on the Central Mediterranean Overturning Circulation (CMOC) was studied using a high-resolution ocean model with a complete distribution of rivers in the Adriatic and Ionian catchment areas. The impact of river runoff on the Adriatic and Ionian Sea basins was assessed by a twin experiment, with and without runoff, from 1999 to 2012. This study tries to show the connection between the Adriatic as a marginal sea containing the downwelling branch of the anti-estuarine CMOC and the large runoff occurring there. It is found that the multiannual CMOC is a persistent anti-estuarine structure with secondary estuarine cells that strengthen in years of large realistic river runoff. The CMOC is demonstrated to be controlled by wind forcing at least as much as by buoyancy fluxes. It is found that river runoff affects the CMOC strength, enhancing the amplitude of the secondary estuarine cells and reducing the intensity of the dominant anti-estuarine cell. A large river runoff can produce a positive buoyancy flux without switching off the antiestuarine CMOC cell, but a particularly low heat flux and wind work with normal river runoff can reverse it. Overall by comparing experiments with, without and with unrealistically augmented runoff we demonstrate that rivers affect the CMOC strength but they can never represent its dominant forcing mechanism and the potential role of river runoff has to be considered jointly with wind work and heat flux, as they largely contribute to the energy budget of the basin. Looking at the downwelling branch of the CMOC in the Adriatic basin, rivers are demonstrated to locally reduce the volume of Adriatic dense water formed in the Southern Adriatic Sea as a result of increased water stratification. The spreading of the Adriatic dense water into the Ionian abyss is affected as well: dense waters overflowing the Otranto Strait are less dense in a realistic runoff regime, with respect to no runoff experiment, and

  3. 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....

  4. 25 CFR 11.908 - Court records.

    Science.gov (United States)

    2010-04-01

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

  5. 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.

  6. 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.

  7. National Courts and EU Law

    DEFF Research Database (Denmark)

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

  8. Atypical Rulings of the Indonesian Constitutional Court

    Directory of Open Access Journals (Sweden)

    Bisariyadi

    2016-08-01

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

  9. English as a Court Language in Continental Courts

    NARCIS (Netherlands)

    C. Kern (Cristoph)

    2013-01-01

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

  10. 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

  11. The Baltic haline conveyor belt or the overturning circulation and mixing in the Baltic.

    Science.gov (United States)

    Döös, Kristofer; Meier, H E Markus; Döscher, Ralf

    2004-06-01

    A study of the water-mass circulation of the Baltic has been undertaken by making use of a three dimensional Baltic Sea model simulation. The saline water from the North Atlantic is traced through the Danish Sounds into the Baltic where it upwells and mixes with the fresh water inflow from the rivers forming a Baltic haline conveyor belt. The mixing of the saline water from the Great Belt and Oresund with the fresh water is investigated making use of overturning stream functions and Lagrangian trajectories. The overturning stream function was calculated as a function of four different vertical coordinates (depth, salinity, temperature and density) in order to understand the path of the water and where it upwells and mixes. Evidence of a fictive depth overturning cell similar to the Deacon Cell in the Southern Ocean was found in the Baltic proper corresponding to the gyre circulation around Gotland, which vanishes when the overturning stream function is projected on density layers. A Lagrangian trajectory study was performed to obtain a better view of the circulation and mixing of the saline and fresh waters. The residence time of the water masses in the Baltic is calculated to be 26-29 years and the Lagrangian dispersion reaches basin saturation after 5 years.

  12. Recent increases in Arctic freshwater flux affects Labrador Sea convection and Atlantic overturning circulation

    NARCIS (Netherlands)

    Yang, Qian; Dixon, Timothy H.; Myers, Paul G.; Bonin, Jennifer; Chambers, Don; Van Den Broeke, M. R.|info:eu-repo/dai/nl/073765643

    2016-01-01

    The Atlantic Meridional Overturning Circulation (AMOC) is an important component of ocean thermohaline circulation. Melting of Greenland's ice sheet is freshening the North Atlantic; however, whether the augmented freshwater flux is disrupting the AMOC is unclear. Dense Labrador Sea Water (LSW),

  13. Seasonal overturning circulation in the Red Sea: 1. Model validation and summer circulation

    KAUST Repository

    Yao, Fengchao

    2014-04-01

    The overturning circulation in the Red Sea exhibits a distinct seasonally reversing pattern and is studied using high-resolution MIT general circulation model simulations. In the first part of this study, the vertical and horizontal structure of the summer overturning circulation and its dynamical mechanisms are presented from the model results. The seasonal water exchange in the Strait of Bab el Mandeb is successfully simulated, and the structures of the intruding subsurface Gulf of Aden intermediate water are in good agreement with summer observations in 2011. The model results suggest that the summer overturning circulation is driven by the combined effect of the shoaling of the thermocline in the Gulf of Aden resulting from remote winds in the Arabian Sea and an upward surface slope from the Red Sea to the Gulf of Aden set up by local surface winds in the Red Sea. In addition, during late summer two processes associated, respectively, with latitudinally differential heating and increased salinity in the southern Red Sea act together to cause the reversal of the contrast of the vertical density structure and the cessation of the summer overturning circulation. Dynamically, the subsurface northward pressure gradient force is mainly balanced by vertical viscosity resulting from the vertical shear and boundary friction in the Strait of Bab el Mandeb. Unlike some previous studies, the three-layer summer exchange flows in the Strait of Bab el Mandeb do not appear to be hydraulically controlled.

  14. Impacts of Arctic precipitation changes on the downwelling limb of the Atlantic Meridional Overturning Circulation

    NARCIS (Netherlands)

    Katsman, C.A.; van der Sleen, N.; Bintanja, Richard; Selten, F.; Wijnberg, Kathelijne Mariken; Hulscher, Suzanne J.M.H.

    2018-01-01

    According to the latest IPCC report, under the RCP 8.5 scenario precipitation in the Arctic region may increase by as much as 50%. The projected 21stcentury decline of the Atlantic Meridional Overturning Circulation (AMOC) is attributed in part to this increase in precipitation and the associated

  15. Seasonal overturning circulation in the Red Sea: 1. Model validation and summer circulation

    KAUST Repository

    Yao, Fengchao; Hoteit, Ibrahim; Pratt, Larry J.; Bower, Amy S.; Zhai, Ping; Kö hl, Armin; Gopalakrishnan, Ganesh

    2014-01-01

    The overturning circulation in the Red Sea exhibits a distinct seasonally reversing pattern and is studied using high-resolution MIT general circulation model simulations. In the first part of this study, the vertical and horizontal structure of the summer overturning circulation and its dynamical mechanisms are presented from the model results. The seasonal water exchange in the Strait of Bab el Mandeb is successfully simulated, and the structures of the intruding subsurface Gulf of Aden intermediate water are in good agreement with summer observations in 2011. The model results suggest that the summer overturning circulation is driven by the combined effect of the shoaling of the thermocline in the Gulf of Aden resulting from remote winds in the Arabian Sea and an upward surface slope from the Red Sea to the Gulf of Aden set up by local surface winds in the Red Sea. In addition, during late summer two processes associated, respectively, with latitudinally differential heating and increased salinity in the southern Red Sea act together to cause the reversal of the contrast of the vertical density structure and the cessation of the summer overturning circulation. Dynamically, the subsurface northward pressure gradient force is mainly balanced by vertical viscosity resulting from the vertical shear and boundary friction in the Strait of Bab el Mandeb. Unlike some previous studies, the three-layer summer exchange flows in the Strait of Bab el Mandeb do not appear to be hydraulically controlled.

  16. Surface changes in the North Atlantic meridional overturning circulation during the last millennium

    DEFF Research Database (Denmark)

    Wanamaker, A.D.; Butler, P.G.; Scourse, J.D.

    2012-01-01

    of decadal-to-centennial scale changes in Atlantic meridional overturning circulation strength in regulating the climate of the last millennium. Here we use the time-constrained high-resolution local radiocarbon reservoir age offset derived from an absolutely dated annually resolved shell chronology spanning...

  17. 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

  18. 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.

  19. Results with Open Court Reading.

    Science.gov (United States)

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

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

  20. 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

  1. Regional Courts as Judicial Brakes?

    Directory of Open Access Journals (Sweden)

    Metcalf Katrin Nyman

    2017-12-01

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

  2. Pragmatics in Court Interpreting: Additions

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2003-01-01

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

  3. Intercultural pragmatics and court interpreting

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2008-01-01

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

  4. 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

  5. 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

  6. The effect of ilmenite viscosity on the dynamics and evolution of an overturned lunar cumulate mantle

    Science.gov (United States)

    Zhang, Nan; Dygert, Nick; Liang, Yan; Parmentier, E. M.

    2017-07-01

    Lunar cumulate mantle overturn and the subsequent upwelling of overturned mantle cumulates provide a potential framework for understanding the first-order thermochemical evolution of the Moon. Upwelling of ilmenite-bearing cumulates (IBCs) after the overturn has a dominant influence on the dynamics and long-term thermal evolution of the lunar mantle. An important parameter determining the stability and convective behavior of the IBC is its viscosity, which was recently constrained through rock deformation experiments. To examine the effect of IBC viscosity on the upwelling of overturned lunar cumulate mantle, here we conduct three-dimensional mantle convection models with an evolving core superposed by an IBC-rich layer, which resulted from mantle overturn after magma ocean solidification. Our modeling shows that a reduction of mantle viscosity by 1 order of magnitude, due to the presence of ilmenite, can dramatically change convective planform and long-term lunar mantle evolution. Our model results suggest a relatively stable partially molten IBC layer that has surrounded the lunar core to the present day.Plain Language SummaryThe Moon's mantle is locally ilmenite rich. Previous models exploring the convective evolution of the lunar mantle did not consider the effects of ilmenite viscosity. Recent rock deformation experiments demonstrate that Fe-Ti oxide (ilmenite) is a low viscosity phase compared to olivine and other silicate minerals. Our modeling shows that ilmenite changes the lunar mantle plume process. An ilmenite-rich layer around the lunar core would be highly stable throughout geologic time, consistent with a partially molten, low viscosity layer around the core inferred from seismic attenuation and tidal dissipation.

  7. Explaining African Participation in International Courts

    DEFF Research Database (Denmark)

    Gissel, Line Engbo; Brett, Peter

    2018-01-01

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

  8. Trial Courts in the Judicial Process.

    Science.gov (United States)

    McKnight, R. Neal

    1981-01-01

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

  9. 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…

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

    Directory of Open Access Journals (Sweden)

    Bosilja Britvić Vetma

    2014-01-01

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

  11. 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.

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

    DEFF Research Database (Denmark)

    Rytter, Jens Elo

    2003-01-01

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

  13. 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...

  14. The importance of deep, basinwide measurements in optimized Atlantic Meridional Overturning Circulation observing arrays

    Science.gov (United States)

    McCarthy, G. D.; Menary, M. B.; Mecking, J. V.; Moat, B. I.; Johns, W. E.; Andrews, M. B.; Rayner, D.; Smeed, D. A.

    2017-03-01

    The Atlantic Meridional Overturning Circulation (AMOC) is a key process in the global redistribution of heat. The AMOC is defined as the maximum of the overturning stream function, which typically occurs near 30°N in the North Atlantic. The RAPID mooring array has provided full-depth, basinwide, continuous estimates of this quantity since 2004. Motivated by both the need to deliver near real-time data and optimization of the array to reduce costs, we consider alternative configurations of the mooring array. Results suggest that the variability observed since 2004 could be reproduced by a single tall mooring on the western boundary and a mooring to 1500 m on the eastern boundary. We consider the potential future evolution of the AMOC in two generations of the Hadley Centre climate models and a suite of additional CMIP5 models. The modeling studies show that deep, basinwide measurements are essential to capture correctly the future decline of the AMOC. We conclude that, while a reduced array could be useful for estimates of the AMOC on subseasonal to decadal time scales as part of a near real-time data delivery system, extreme caution must be applied to avoid the potential misinterpretation or absence of a climate time scale AMOC decline that is a key motivation for the maintenance of these observations.Plain Language SummaryThe Atlantic Overturning Circulation is a system of ocean currents that carries heat northwards in the Atlantic. This heat is crucial to maintaining the mild climate of northwest Europe. The Overturning Circulation is predicted to slow in future in response to man-made climate change. The RAPID program is designed to measure the Overturning Circulation using a number of fixed point observations spanning the Atlantic between the Canary Islands and the Bahamas. We look at whether we could reduce the number of these fixed point observations to continue to get accurate estimates of the overturning strength but for less cost. We conclude that

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

    International Nuclear Information System (INIS)

    Anon.

    1990-01-01

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

  16. Criminal Courts of Justice, Dublin

    Directory of Open Access Journals (Sweden)

    Jonathan Tooth

    2012-04-01

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

  17. 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.)

  18. ECHR and national constitutional courts

    OpenAIRE

    Nastić, Maja

    2015-01-01

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

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

    Science.gov (United States)

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

    2012-01-01

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

  20. Tobacco, Commercial Speech, and Libertarian Values: The End of the Line for Restrictions on Advertising?

    Science.gov (United States)

    Bayer, Ronald

    2002-01-01

    In June of 2001, the Supreme Court overturned a set of antitobacco measures adopted by the state of Massachusetts designed to protect young people from advertising. Once again, the court expressed its hostility toward measures designed to restrict commercial speech in the name of the social good. In so doing, the court underscored the enduring tension between the libertarian and social welfare dimensions of contemporary democracy and placed into relief the divisions within the American liberal tradition. PMID:11867307

  1. Tobacco, commercial speech, and libertarian values: the end of the line for restrictions on advertising?

    Science.gov (United States)

    Bayer, Ronald

    2002-03-01

    In June of 2001, the Supreme Court overturned a set of antitobacco measures adopted by the state of Massachusetts designed to protect young people from advertising. Once again, the court expressed its hostility toward measures designed to restrict commercial speech in the name of the social good. In so doing, the court underscored the enduring tension between the libertarian and social welfare dimensions of contemporary democracy and placed into relief the divisions within the American liberal tradition.

  2. Tracing global biogeochemical cycles and meridional overturning circulation using chromophoric dissolved organic matter

    Science.gov (United States)

    Nelson, Norman B.; Siegel, David A.; Carlson, Craig A.; Swan, Chantal M.

    2010-02-01

    Basin-scale distributions of light absorption by chromophoric dissolved organic matter (CDOM) are positively correlated (R2 > 0.8) with apparent oxygen utilization (AOU) within the top kilometer of the Pacific and Indian Oceans. However, a much weaker correspondence is found for the Atlantic (R2 organic matter from sinking particles. The observed meridional-depth sections of CDOM result from a balance between biogeochemical processes (autochthonous production and solar bleaching) and the meridional overturning circulation. Rapid mixing in the Atlantic dilutes CDOM in the interior and implies that the time scale for CDOM accumulation is greater than ˜50 years. CDOM emerges as a unique tracer for diagnosing changes in biogeochemistry and the overturning circulation, similar to dissolved oxygen, with the additional feature that it can be quantified from satellite observation.

  3. The Emergence of the Pacific Meridional Overturning Circulation (PMOC) Paced by Obliquity Cycles during the Pliocene

    Science.gov (United States)

    Burls, N.; Fedorov, A. V.; Sigman, D. M.; Jaccard, S.; Tiedemann, R.; Haug, G. H.

    2016-12-01

    Deep water formation in northern high latitudes, as part of the Atlantic meridional overturning circulation (AMOC), is a critical element of modern ocean circulation and climate. For the warm Pliocene, roughly 4 to 2.8 million years ago, we present measurements and modeling evidence that deep water formation also occurred in the North Pacific, supporting another overturning cell - the Pacific meridional overturning circulation (PMOC). The evidence includes calcium carbonate accumulation in Pliocene subarctic Pacific sediments rivaling that of the modern North Atlantic, with pigment, total organic carbon, and redox-sensitive trace metal measurements supporting deep ocean ventilation as the driver of the enhanced calcium carbonate preservation. Together with high accumulation rates of biogenic opal, this implies a bi-directional communication between surface waters and the waters overlying the deep seafloor, and hence deep convection. A Pliocene-like climate simulation reproduces this deep water formation, with co-occurring Atlantic and Pacific overturning cells. The PMOC emerges as a result of the less intense hydrological cycle under Pliocene conditions characterized by a reduced meridional SST gradient. This weaker hydrological cycle leads to the erosion of the North Pacific halocline, allowing deep convection. Examining the data in more detail shows that, while the opal accumulation rate was continuously high, maxima in calcium carbonate accumulation rate were sharp and intermittent. Most likely, these maxima occurred during Northern Hemisphere summer insolation maxima when, as supported by the modeling results, mid-latitude SSTs in the Northern Hemisphere were at a maximum and the meridional SST gradient was particularly weak. These findings suggest that the climate system fluctuated between periods of strong and weak PMOC during the Pliocene. Such fluctuations appear to be a crucial part of Pliocene climate variability on orbital timescales.

  4. The role of meridional density differences for a wind-driven overturning circulation

    Energy Technology Data Exchange (ETDEWEB)

    Schewe, J.; Levermann, A. [Potsdam Institute for Climate Impact Research, Earth System Analysis, Potsdam (Germany); Potsdam University, Physics Institute, Potsdam (Germany)

    2010-03-15

    Experiments with the coupled climate model CLIMBER-3{alpha}, which contains an oceanic general circulation model, show deep upwelling in the Southern Ocean to be proportional to the surface wind stress in the latitudinal band of Drake Passage. At the same time, the distribution of the Southern Ocean upwelling onto the oceanic basins is controlled by buoyancy distribution; the inflow into each basin being proportional to the respective meridional density difference. We observe approximately the same constant of proportionality for all basins, and demonstrate that it can be directly related to the flow geometry. For increased wind stress in the Southern Ocean, the overturning increases both in the Atlantic and the Indo-Pacific basin. For strongly reduced wind stress, the circulation enters a regime where Atlantic overturning is maintained through Pacific upwelling, in order to satisfy the transports set by the density differences. Previous results on surface buoyancy and wind stress forcing, obtained with different models, are reproduced within one model in order to distill a consistent picture. We propose that both Southern Ocean upwelling and meridional density differences set up a system of conditions that determine the global meridional overturning circulation. (orig.)

  5. Rocking motion of structures under earthquakes. Overturning of 2-DOF system

    International Nuclear Information System (INIS)

    Kobayashi, Koichi; Watanabe, Tetsuya; Tanaka, Kihachiro; Tomoda, Akinori

    2011-01-01

    In recent years, huge earthquakes happen, for example, The South Hyogo prefecture Earthquake in 1995, The Mid Niigata Prefecture Earthquake in 2004, The Iwate-Miyagi Nairiku Earthquake in 2008. In The Niigataken Chuetsu-oki Earthquake in 2007, hundreds of drums fell down and water spilled out. A lot of studies about rocking behavior of rigid body had been performed from 1960's. However, these studies were only for a specific condition of the structure size or input vibration characteristics. Therefore, generalizes fall condition for earthquake is required. This paper deals with the analytical and the experimental study of the rocking vibration of 1-DOF rocking system, 2-DOF vibration-rocking system and 2-DOF rocking system under earthquakes. In this study, the equation of motion for each rocking systems are developed. The numerical model of 2-DOF rocking system is evaluated by free rocking experiment. In this paper, 'Overturning Map' which can distinguish whether structures falls or not is proposed. The overturning map of each rocking systems excited by the artificial earthquake wave calculated from the design spectrum is shown. As the result, overturning condition of structures is clarified. (author)

  6. Sensitivity of the overturning circulation of the Baltic Sea to climate change, a numerical experiment

    Science.gov (United States)

    Hordoir, Robinson; Höglund, Anders; Pemberton, Per; Schimanke, Semjon

    2018-02-01

    An ocean model covering the Baltic Sea area is forced by several climate scenarios for a period extending from 1961 to 2100. The Baltic Sea overturning circulation is then analyzed. The analysis shows that this circulation decreases between the end of the 20th century and the end of the 21st century, and that the decrease is amplified in the case of the strongest greenhouse gas emission scenarios, which corresponds with the highest warming cases. The reasons behind this decrease in overturning circulation are investigated. A strong increase of thermal stratification is noticed at the level of the Baltic Sea mixed layer. Based on buoyancy flux considerations, we demonstrate that the decrease in overturning circulation coincides with the increase of thermal stratification. Evidence shows that the underlying process is linked to a smaller erosion of the halocline due to a higher shielding, itself linked with a stronger and longer seasonal thermocline. This theory works if surface wind mixing is not taken into account directly in the computation of buoyancy fluxes.

  7. Importance of the autumn overturn and anoxic conditions in the hypolimnion for the annual methane emissions from a temperate lake.

    Science.gov (United States)

    Encinas Fernández, Jorge; Peeters, Frank; Hofmann, Hilmar

    2014-07-01

    Changes in the budget of dissolved methane measured in a small temperate lake over 1 year indicate that anoxic conditions in the hypolimnion and the autumn overturn period represent key factors for the overall annual methane emissions from lakes. During periods of stable stratification, large amounts of methane accumulate in anoxic deep waters. Approximately 46% of the stored methane was emitted during the autumn overturn, contributing ∼80% of the annual diffusive methane emissions to the atmosphere. After the overturn period, the entire water column was oxic, and only 1% of the original quantity of methane remained in the water column. Current estimates of global methane emissions assume that all of the stored methane is released, whereas several studies of individual lakes have suggested that a major fraction of the stored methane is oxidized during overturns. Our results provide evidence that not all of the stored methane is released to the atmosphere during the overturn period. However, the fraction of stored methane emitted to the atmosphere during overturn may be substantially larger and the fraction of stored methane oxidized may be smaller than in the previous studies suggesting high oxidation losses of methane. The development or change in the vertical extent and duration of the anoxic hypolimnion, which can represent the main source of annual methane emissions from small lakes, may be an important aspect to consider for impact assessments of climate warming on the methane emissions from lakes.

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

    Directory of Open Access Journals (Sweden)

    Ioan Gheorghe Țara

    2014-07-01

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

  9. Administrative court control in taxation matters

    OpenAIRE

    Nataša Zunić Kovačević

    2016-01-01

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

  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. 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.

  12. 25 CFR 11.912 - Contempt of court.

    Science.gov (United States)

    2010-04-01

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

  13. Status of Court Management in Switzerland

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2012-12-01

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

  14. Student Rights, Clarence Thomas, and the Revolutionary Vision of Education

    Science.gov (United States)

    Warnick, Bryan R.; Rowe, Bradley; Kim, Sang Hyun

    2009-01-01

    In his concurring opinion to the 2007 U.S. Supreme Court decision, "Morse v. Frederick," Justice Clarence Thomas argues that the "Tinker" decision, which granted students constitutional rights in public schools, should be overturned on originalist grounds. In this essay, Bryan Warnick, Bradley Rowe, and Sang Hyun Kim make the case that Thomas's…

  15. Confidentiality concerning HIV/AIDS status - the implications of the ...

    African Journals Online (AJOL)

    The Appellate Division recently overturned a Supreme Court judgement concerning the disclosure of a patient's HIV status by his general practitioner to another general practitioner and a dentist. This article examines the content of both judgements with particular reference to its implication for the medical profession, and ...

  16. Court Cases Involving Contracts for School Districts

    Science.gov (United States)

    Allen, L. Hank

    2011-01-01

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

  17. 78 FR 14017 - Courts of Indian Offenses

    Science.gov (United States)

    2013-03-04

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

  18. Court supervised institutional transformation in South Africa ...

    African Journals Online (AJOL)

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

  19. Educational Malpractice: Why the Courts Say No.

    Science.gov (United States)

    Hammes, Richard

    1989-01-01

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

  20. Sociomateriality at the Royal Court of IS

    DEFF Research Database (Denmark)

    Kautz, Karlheinz; Jensen, Tina Blegind

    2013-01-01

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

  1. The Influence of Ice-Ocean Interactions on Europa's Overturning Circulation

    Science.gov (United States)

    Zhu, P.; Manucharyan, G. E.; Thompson, A. F.; Goodman, J. C.; Vance, S.

    2016-12-01

    Jupiter's moon Europa appears to have a global liquid ocean, which is located beneath an ice shell that covers the moon's entire surface. Linking ocean dynamics and ice-ocean interactions is crucial to understanding observed surface features on Europa as well as other satellite measurements. Ocean properties and circulation may also provide clues as to whether the moon has the potential to support extraterrestrial life through chemical transport governed by ice-ocean interactions. Previous studies have identified a Hadley cell-like overturning circulation extending from the equator to mid latitudes. However, these model simulations do not consider ice-ocean interactions. In this study, our goal is to investigate how the ocean circulation may be affected by ice. We study two ice-related processes by building idealized models. One process is horizontal convection driven by an equator-to-pole buoyancy difference due to latitudinal ice transport at the ocean surface, which is found to be much weaker than the convective overturning circulation. The second process we consider is the freshwater layer formed by ice melting at the equator. A strong buoyancy contrast between the freshwater layer and the underlying water suppresses convection and turbulent mixing, which may modify the surface heat flux from the ocean to the bottom of the ice. We find that the salinity of the ocean below the freshwater layer tends to be homogeneous both vertically and horizontally with the presence of an overturning circulation. Critical values of circulation strength constrain the freshwater layer depth, and this relationship is sensitive to the average salinity of the ocean. Further coupling of temperature and salinity of the ice and the ocean that includes mutual influences between the surface heat flux and the freshwater layer may provide additional insights into the ice-ocean feedback, and its influence on the latitudinal difference of heat transport.

  2. The constitutional court review of judicial decisions

    Directory of Open Access Journals (Sweden)

    Stojanović Dragan M.

    2016-01-01

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

  3. 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.

  4. 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

  5. Pursuing transparency through science courts

    Energy Technology Data Exchange (ETDEWEB)

    Field, Jr, Thomas G [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.

  6. Support of Publication Costs, Atlantic Meridional Overturning Circulation Special Issue of Deep Sea Research II Journal

    Energy Technology Data Exchange (ETDEWEB)

    Amy Honchar

    2012-11-12

    The contribution of funds from DOE supported publication costs of a special issue of Deep Sea Research arising from presentations at the First U.S. Atlantic Meridional Overturning Circulation (AMOC) Meeting held 4-6 May, 2009 to review the US implementation plan and its coordination with other monitoring activities. The special issue includes a total of 16 papers, including publications from three DOE-supported investigators (ie Sevellec, F., and A.V. Fedorov; Hu et. al., and Wan et. al.,). The special issue addresses DOE interests in understanding and simulation/modeling of abrupt climate change.

  7. 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...

  8. FINALITY OF INDONESIAN CONSTITUTIONAL COURT DECISION IN REGARD TO JUDICIAL REVIEW

    Directory of Open Access Journals (Sweden)

    Suwarno Abadi

    2016-05-01

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

  9. Mechanisms for decadal scale variability in a simulated Atlantic meridional overturning circulation

    Energy Technology Data Exchange (ETDEWEB)

    Medhaug, I.; Eldevik, T.; Furevik, T. [University of Bergen, Geophysical Institute, Bergen (Norway); Bjerknes Centre for Climate Research, Bergen (Norway); Langehaug, H.R. [Nansen Environmental and Remote Sensing Center, Bergen (Norway); Bjerknes Centre for Climate Research, Bergen (Norway); Bentsen, M. [Uni Bjerknes Centre, Uni Research, Bergen (Norway); Bjerknes Centre for Climate Research, Bergen (Norway)

    2012-07-15

    Variability in the Atlantic Meridional Overturning Circulation (AMOC) has been analysed using a 600-year pre-industrial control simulation with the Bergen Climate Model. The typical AMOC variability has amplitudes of 1 Sverdrup (1 Sv = 10{sup 6} m{sup 3} s{sup -1}) and time scales of 40-70 years. The model is reproducing the observed dense water formation regions and has very realistic ocean transports and water mass distributions. The dense water produced in the Labrador Sea (1/3) and in the Nordic Seas, including the water entrained into the dense overflows across the Greenland-Scotland Ridge (GSR; 2/3), are the sources of North Atlantic Deep Water (NADW) forming the lower limb of the AMOC's northern overturning. The variability in the Labrador Sea and the Nordic Seas convection is driven by decadal scale air-sea fluxes in the convective region that can be related to opposite phases of the North Atlantic Oscillation. The Labrador Sea convection is directly linked to the variability in AMOC. Linkages between convection and water mass transformation in the Nordic Seas are more indirect. The Scandinavian Pattern, the third mode of atmospheric variability in the North Atlantic, is a driver of the ocean's poleward heat transport (PHT), the overall constraint on northern water mass transformation. Increased PHT is both associated with an increased water mass exchange across the GSR, and a stronger AMOC. (orig.)

  10. Interdecadal North-Atlantic meridional overturning circulation variability in EC-EARTH

    Energy Technology Data Exchange (ETDEWEB)

    Wouters, Bert; Drijfhout, Sybren; Hazeleger, Wilco

    2012-12-15

    The Atlantic meridional overturning circulation (AMOC) in a 600 years pre-industrial run of the newly developed EC-EARTH model features marked interdecadal variability with a dominant time-scale of 50-60 years. An oscillation of approximately 2 Sverdrup (1 Sv = 10{sup 6} m{sup 3} s{sup -1}) is identified, which manifests itself as a monopole causing the overturning to simultaneously strengthen (/weaken) and deepen (/shallow) as a whole. Eight years before the AMOC peaks, density in the Labrador-Irminger Sea region reaches a maximum, triggering deep water formation. This density change is caused by a counterclockwise advection of temperature and salinity anomalies at lower latitudes, which we relate to the north-south excursions of the subpolar-subtropical gyre boundary and variations in strength and position of the subpolar gyre and the North Atlantic Current. The AMOC fluctuations are not directly forced by the atmosphere, but occur in a delayed response of the ocean to forcing by the North Atlantic Oscillation, which initiates ''intergyre''-gyre fluctuations. Associated with the AMOC is a 60-year sea surface temperature variability in the Atlantic, with a pattern and timescale showing similarities with the real-world Atlantic Multidecadal Variability. This good agreement with observations lends a certain degree of credibility that the mechanism that is described in this article could be seen as representative of the real climate system. (orig.)

  11. Punctuated Shutdown of Atlantic Meridional Overturning Circulation during Greenland Stadial 1

    Science.gov (United States)

    Hogg, Alan; Southon, John; Turney, Chris; Palmer, Jonathan; Bronk Ramsey, Christopher; Fenwick, Pavla; Boswijk, Gretel; Friedrich, Michael; Helle, Gerhard; Hughen, Konrad; Jones, Richard; Kromer, Bernd; Noronha, Alexandra; Reynard, Linda; Staff, Richard; Wacker, Lukas

    2016-01-01

    The Greenland Stadial 1 (GS-1; ~12.9 to 11.65 kyr cal BP) was a period of North Atlantic cooling, thought to have been initiated by North America fresh water runoff that caused a sustained reduction of North Atlantic Meridional Overturning Circulation (AMOC), resulting in an antiphase temperature response between the hemispheres (the ‘bipolar seesaw’). Here we exploit sub-fossil New Zealand kauri trees to report the first securely dated, decadally-resolved atmospheric radiocarbon (14C) record spanning GS-1. By precisely aligning Southern and Northern Hemisphere tree-ring 14C records with marine 14C sequences we document two relatively short periods of AMOC collapse during the stadial, at ~12,920-12,640 cal BP and 12,050-11,900 cal BP. In addition, our data show that the interhemispheric atmospheric 14C offset was close to zero prior to GS-1, before reaching ‘near-modern’ values at ~12,660 cal BP, consistent with synchronous recovery of overturning in both hemispheres and increased Southern Ocean ventilation. Hence, sustained North Atlantic cooling across GS-1 was not driven by a prolonged AMOC reduction but probably due to an equatorward migration of the Polar Front, reducing the advection of southwesterly air masses to high latitudes. Our findings suggest opposing hemispheric temperature trends were driven by atmospheric teleconnections, rather than AMOC changes. PMID:27194601

  12. Earth's oldest stable crust in the Pilbara Craton formed by cyclic gravitational overturns

    Science.gov (United States)

    Wiemer, Daniel; Schrank, Christoph E.; Murphy, David T.; Wenham, Lana; Allen, Charlotte M.

    2018-05-01

    During the early Archaean, the Earth was too hot to sustain rigid lithospheric plates subject to Wilson Cycle-style plate tectonics. Yet by that time, up to 50% of the present-day continental crust was generated. Preserved continental fragments from the early Archaean have distinct granite-dome/greenstone-keel crust that is interpreted to be the result of a gravitationally unstable stratification of felsic proto-crust overlain by denser mafic volcanic rocks, subject to reorganization by Rayleigh-Taylor flow. Here we provide age constraints on the duration of gravitational overturn in the East Pilbara Terrane. Our U-Pb ages indicate the emplacement of 3,600-3,460-million-year-old granitoid rocks, and their uplift during an overturn event ceasing about 3,413 million years ago. Exhumation and erosion of this felsic proto-crust accompanied crustal reorganization. Petrology and thermodynamic modelling suggest that the early felsic magmas were derived from the base of thick ( 43 km) basaltic proto-crust. Combining our data with regional geochronological studies unveils characteristic growth cycles on the order of 100 million years. We propose that maturation of the early crust over three of these cycles was required before a stable, differentiated continent emerged with sufficient rigidity for plate-like behaviour.

  13. The North Atlantic Ocean Is in a State of Reduced Overturning

    Science.gov (United States)

    Smeed, D. A.; Josey, S. A.; Beaulieu, C.; Johns, W. E.; Moat, B. I.; Frajka-Williams, E.; Rayner, D.; Meinen, C. S.; Baringer, M. O.; Bryden, H. L.; McCarthy, G. D.

    2018-02-01

    The Atlantic Meridional Overturning Circulation (AMOC) is responsible for a variable and climatically important northward transport of heat. Using data from an array of instruments that span the Atlantic at 26°N, we show that the AMOC has been in a state of reduced overturning since 2008 as compared to 2004-2008. This change of AMOC state is concurrent with other changes in the North Atlantic such as a northward shift and broadening of the Gulf Stream and altered patterns of heat content and sea surface temperature. These changes resemble the response to a declining AMOC predicted by coupled climate models. Concurrent changes in air-sea fluxes close to the western boundary reveal that the changes in ocean heat transport and sea surface temperature have altered the pattern of ocean-atmosphere heat exchange over the North Atlantic. These results provide strong observational evidence that the AMOC is a major factor in decadal-scale variability of North Atlantic climate.

  14. Antarctic contribution to meltwater pulse 1A from reduced Southern Ocean overturning.

    Science.gov (United States)

    Golledge, N R; Menviel, L; Carter, L; Fogwill, C J; England, M H; Cortese, G; Levy, R H

    2014-09-29

    During the last glacial termination, the upwelling strength of the southern polar limb of the Atlantic Meridional Overturning Circulation varied, changing the ventilation and stratification of the high-latitude Southern Ocean. During the same period, at least two phases of abrupt global sea-level rise--meltwater pulses--took place. Although the timing and magnitude of these events have become better constrained, a causal link between ocean stratification, the meltwater pulses and accelerated ice loss from Antarctica has not been proven. Here we simulate Antarctic ice sheet evolution over the last 25 kyr using a data-constrained ice-sheet model forced by changes in Southern Ocean temperature from an Earth system model. Results reveal several episodes of accelerated ice-sheet recession, the largest being coincident with meltwater pulse 1A. This resulted from reduced Southern Ocean overturning following Heinrich Event 1, when warmer subsurface water thermally eroded grounded marine-based ice and instigated a positive feedback that further accelerated ice-sheet retreat.

  15. Relations between overturning length scales at the Spanish planetary boundary layer

    Science.gov (United States)

    López, Pilar; Cano, José L.

    2016-04-01

    We analyze the behavior of the maximum Thorpe displacement (dT)max and the Thorpe scale LTat the atmospheric boundary layer (ABL), extending previous research with new data and improving our studies related to the novel use of the Thorpe method applied to ABL. The maximum Thorpe displacements vary between -900 m and 950 m for the different field campaigns. The maximum Thorpe displacement is always greater under convective conditions than under stable ones, independently of its sign. The Thorpe scale LT ranges between 0.2 m and 680 m for the different data sets which cover different stratified mixing conditions (turbulence shear-driven and convective regions). The Thorpe scale does not exceed several tens of meters under stable and neutral stratification conditions related to instantaneous density gradients. In contrast, under convective conditions, Thorpe scales are relatively large, they exceed hundreds of meters which may be related to convective bursts. We analyze the relation between (dT)max and the Thorpe scale LT and we deduce that they verify a power law. We also deduce that there is a difference in exponents of the power laws for convective conditions and shear-driven conditions. These different power laws could identify overturns created under different mechanisms. References Cuxart, J., Yagüe, C., Morales, G., Terradellas, E., Orbe, J., Calvo, J., Fernández, A., Soler, M., Infante, C., Buenestado, P., Espinalt, Joergensen, H., Rees, J., Vilà, J., Redondo, J., Cantalapiedra, I. and Conangla, L.: Stable atmospheric boundary-layer experiment in Spain (Sables 98). A report, Boundary-Layer Meteorology, 96, 337-370, 2000. Dillon, T. M.: Vertical Overturns: A Comparison of Thorpe and Ozmidov Length Scales, J. Geophys. Res., 87(C12), 9601-9613, 1982. Itsweire, E. C.: Measurements of vertical overturns in stably stratified turbulent flow, Phys. Fluids, 27(4), 764-766, 1984. Kitade, Y., Matsuyama, M. and Yoshida, J.: Distribution of overturn induced by internal

  16. 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

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

    Directory of Open Access Journals (Sweden)

    Helga Baitenmann

    2017-04-01

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

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

    Index Scriptorium Estoniae

    2001-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Lorenz, A.

    2004-03-01

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

  20. 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.

  1. 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...

  2. National New Court Cases Data Collection

    Data.gov (United States)

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

  3. National Court Remand Activity Data Collection

    Data.gov (United States)

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

  4. 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

  5. Opteren voor de Netherlands Commercial Court

    OpenAIRE

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

    2017-01-01

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

  6. 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

  7. Rise and Fall of a Coalition: The Supreme War Council and Marshal Foch, 1917-1919

    Science.gov (United States)

    2017-05-26

    Britain and France During the First World War ( Cambridge : Cambridge University Press, 2009), 169. 5 World Peace Foundation, “The Supreme War Council...Second World War conflict. It illustrated how unified policies as a coalition from the First World War served a reminder for strategists and operational...France During the First World War ( Cambridge : Cambridge University Press, 2009); Elizabeth Greenhalgh, Foch in Command: The Forging of a First World

  8. The Next Supreme Leader: Succession in the Islamic Republic Of Iran

    Science.gov (United States)

    2011-01-01

    E. Thaler, Nora Bensahel, Kim Cragin, Jerrold D. Green, Dalia Dassa Kaye, Nadia Oweidat, and Jennifer Li , Dangerous But Not Omnipotent: Exploring...Janeshin Namayand e Vali e Faghih dar Sepah, ya Sokhanguy e Hezb e Siyasi Neza- mian ? [The Deputy Representative of the Supreme Leader in the Guards...Dassa Kaye, Nadia Oweidat, and Jennifer Li , Dangerous But Not Omnipotent: Exploring the Reach and Limitations of Iranian Power in the Middle East, Santa

  9. Past and Future for Management of Courts

    Directory of Open Access Journals (Sweden)

    Bert Maan

    2009-08-01

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

  10. 25 CFR 11.901 - The children's court established.

    Science.gov (United States)

    2010-04-01

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

  11. There is no real evidence for a diminishing trend of the Atlantic meridional overturning circulation

    Directory of Open Access Journals (Sweden)

    A. Parker

    2016-01-01

    Full Text Available The Atlantic Meridional Overturning Circulation (AMOC is part of the great ocean “conveyor belt” that circulates heat around the globe. Since the early 2000s, ocean sensors have started to monitor the AMOC, but the measurements are still far from accurate and the time window does not permit the separation of short term variability from a longer term trend. Other works have claimed that global warming is slowing down the AMOC, based on models and proxies of temperatures. Some other observations demonstrate a stable circulation of the oceans. By using tide gauge data complementing recent satellite and ocean sensor observations, the stability of the AMOC is shown to go back to 1860. It is concluded that no available information has the due accuracy and time coverage to show a clear trend outside the inter-annual and multi-decadal variability in the direction of increasing or decreasing strength over the last decades.

  12. Overturning dogma: tolerance of insects to mixed-sterol diets is not universal.

    Science.gov (United States)

    Behmer, Spencer T

    2017-10-01

    Insects cannot synthesize sterols de novo, but like all eukaryotes they use them as cell membrane inserts where they influence membrane fluidity and rigidity. They also use a small amount for metabolic purposes, most notably as essential precursors for steroid hormones. It has been a long-held view that most insects require a small amount of specific sterol (often cholesterol) for metabolic purposes, but for membrane purposes (where the bulk of sterols are used) specificity in sterol structure was less important. Under this model, it was assumed that insects could tolerate mixed-sterol diets as long as a small amount of cholesterol was available. In the current paper this dogma is overturned, using data from plant-feeding insects that were fed mixed-sterol diets with different amounts and ratios of dietary sterols. Copyright © 2017 Elsevier Inc. All rights reserved.

  13. Recent increases in Arctic freshwater flux affects Labrador Sea convection and Atlantic overturning circulation

    Science.gov (United States)

    Yang, Qian; Dixon, Timothy H.; Myers, Paul G.; Bonin, Jennifer; Chambers, Don; van den Broeke, M. R.

    2016-01-01

    The Atlantic Meridional Overturning Circulation (AMOC) is an important component of ocean thermohaline circulation. Melting of Greenland's ice sheet is freshening the North Atlantic; however, whether the augmented freshwater flux is disrupting the AMOC is unclear. Dense Labrador Sea Water (LSW), formed by winter cooling of saline North Atlantic water and subsequent convection, is a key component of the deep southward return flow of the AMOC. Although LSW formation recently decreased, it also reached historically high values in the mid-1990s, making the connection to the freshwater flux unclear. Here we derive a new estimate of the recent freshwater flux from Greenland using updated GRACE satellite data, present new flux estimates for heat and salt from the North Atlantic into the Labrador Sea and explain recent variations in LSW formation. We suggest that changes in LSW can be directly linked to recent freshening, and suggest a possible link to AMOC weakening.

  14. Reduced interdecadal variability of Atlantic Meridional Overturning Circulation under global warming.

    Science.gov (United States)

    Cheng, Jun; Liu, Zhengyu; Zhang, Shaoqing; Liu, Wei; Dong, Lina; Liu, Peng; Li, Hongli

    2016-03-22

    Interdecadal variability of the Atlantic Meridional Overturning Circulation (AMOC-IV) plays an important role in climate variation and has significant societal impacts. Past climate reconstruction indicates that AMOC-IV has likely undergone significant changes. Despite some previous studies, responses of AMOC-IV to global warming remain unclear, in particular regarding its amplitude and time scale. In this study, we analyze the responses of AMOC-IV under various scenarios of future global warming in multiple models and find that AMOC-IV becomes weaker and shorter with enhanced global warming. From the present climate condition to the strongest future warming scenario, on average, the major period of AMOC-IV is shortened from ∼50 y to ∼20 y, and the amplitude is reduced by ∼60%. These reductions in period and amplitude of AMOC-IV are suggested to be associated with increased oceanic stratification under global warming and, in turn, the speedup of oceanic baroclinic Rossby waves.

  15. Variations of the Atlantic meridional overturning circulation in control and transient simulations of the last millennium

    Directory of Open Access Journals (Sweden)

    D. Hofer

    2011-02-01

    Full Text Available The variability of the Atlantic meridional overturing circulation (AMOC strength is investigated in control experiments and in transient simulations of up to the last millennium using the low-resolution Community Climate System Model version 3. In the transient simulations the AMOC exhibits enhanced low-frequency variability that is mainly caused by infrequent transitions between two semi-stable circulation states which amount to a 10 percent change of the maximum overturning. One transition is also found in a control experiment, but the time-varying external forcing significantly increases the probability of the occurrence of such events though not having a direct, linear impact on the AMOC. The transition from a high to a low AMOC state starts with a reduction of the convection in the Labrador and Irminger Seas and goes along with a changed barotropic circulation of both gyres in the North Atlantic and a gradual strengthening of the convection in the Greenland-Iceland-Norwegian (GIN Seas. In contrast, the transition from a weak to a strong overturning is induced by decreased mixing in the GIN Seas. As a consequence of the transition, regional sea surface temperature (SST anomalies are found in the midlatitude North Atlantic and in the convection regions with an amplitude of up to 3 K. The atmospheric response to the SST forcing associated with the transition indicates a significant impact on the Scandinavian surface air temperature (SAT in the order of 1 K. Thus, the changes of the ocean circulation make a major contribution to the Scandinavian SAT variability in the last millennium.

  16. Response of the meridional overturning circulation to variable buoyancy forcing in a double hemisphere basin

    Energy Technology Data Exchange (ETDEWEB)

    Lucas, Marc A. [National Oceanography Centre, University of Southampton, School of Ocean and Earth Science, Southampton (United Kingdom); Collecte Localisation Satellite, Ramonville Saint Agne (France); Hirschi, J.J.M. [National Oceanography Centre, University of Southampton, School of Ocean and Earth Science, Southampton (United Kingdom); Marotzke, J. [Max-Planck-Institut fuer Meteorologie, Hamburg (Germany)

    2010-04-15

    We consider how a highly idealized double-hemisphere basin responds to a zonally constant restoring surface temperature profile that oscillates in time, with periods ranging from 0.5 to 32,000 years. In both hemispheres, the forcing is similar but can be either in phase or out of phase. The set-up is such that the Northern Hemisphere always produces the densest waters. The model's meridional overturning circulation (MOC) exhibits a strong response in both hemispheres on decadal to multi-millennial timescales. The amplitude of the oscillations reaches up to 140% of the steady-state maximum MOC and exhibits resonance-like behaviour, with a maximum at centennial to millennial forcing periods. When the forcing is in phase between the Northern and Southern Hemispheres, there is a marked decrease in the amplitude of the MOC response as the forcing period is increased beyond the resonance period. In this case the resonance-like behaviour is identical to the one we found earlier in a single-hemisphere model and occurs for the same reasons. When the forcing is out of phase between the Northern and Southern Hemispheres, the amplitude of the MOC response is substantially greater for long forcing periods (millennial and longer), particularly in the Southern Hemisphere. This increased MOC amplitude occurs because for an out of phase forcing, either the northern or the southern deep water source is always active, leading to generally colder bottom waters and thus greater stratification in the opposite hemisphere. This increased stratification in turn stabilises the water column and thus reduces the strength of the weaker overturning cell. The interaction of the two hemispheres leads to response timescales of the deep ocean at half the forcing period. Our results suggest a possible explanation for the half-precessional time scale observed in the deep Atlantic Ocean palaeo-temperature record. (orig.)

  17. Meridional overturning circulation conveys fast acidification to the deep Atlantic Ocean

    Science.gov (United States)

    Perez, Fiz F.; Fontela, Marcos; García-Ibáñez, Maribel I.; Mercier, Herlé; Velo, Anton; Lherminier, Pascale; Zunino, Patricia; de La Paz, Mercedes; Alonso-Pérez, Fernando; Guallart, Elisa F.; Padin, Xose A.

    2018-02-01

    Since the Industrial Revolution, the North Atlantic Ocean has been accumulating anthropogenic carbon dioxide (CO2) and experiencing ocean acidification, that is, an increase in the concentration of hydrogen ions (a reduction in pH) and a reduction in the concentration of carbonate ions. The latter causes the ‘aragonite saturation horizon’—below which waters are undersaturated with respect to a particular calcium carbonate, aragonite—to move to shallower depths (to shoal), exposing corals to corrosive waters. Here we use a database analysis to show that the present rate of supply of acidified waters to the deep Atlantic could cause the aragonite saturation horizon to shoal by 1,000-1,700 metres in the subpolar North Atlantic within the next three decades. We find that, during 1991-2016, a decrease in the concentration of carbonate ions in the Irminger Sea caused the aragonite saturation horizon to shoal by about 10-15 metres per year, and the volume of aragonite-saturated waters to reduce concomitantly. Our determination of the transport of the excess of carbonate over aragonite saturation (xc[CO32-])—an indicator of the availability of aragonite to organisms—by the Atlantic meridional overturning circulation shows that the present-day transport of carbonate ions towards the deep ocean is about 44 per cent lower than it was in preindustrial times. We infer that a doubling of atmospheric anthropogenic CO2 levels—which could occur within three decades according to a ‘business-as-usual scenario’ for climate change—could reduce the transport of xc[CO32-] by 64-79 per cent of that in preindustrial times, which could severely endanger cold-water coral habitats. The Atlantic meridional overturning circulation would also export this acidified deep water southwards, spreading corrosive waters to the world ocean.

  18. Changes in extreme regional sea surface height due to an abrupt weakening of the Atlantic meridional overturning circulation

    NARCIS (Netherlands)

    Brunnabend, S.-E.; Dijkstra, H. A.; Kliphuis, M. A.; van Werkhoven, B.J.C.; Bal, H. E.; Seinstra, F.; Maassen, J.; van Meersbergen, M.

    2014-01-01

    As an extreme scenario of dynamical sea level changes, regional sea surface height (SSH) changes that occur in the North Atlantic due to an abrupt weakening of the Atlantic meridional overturning circulation (AMOC) are simulated. Two versions of the same ocean-only model are used to study the effect

  19. 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.

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

    Science.gov (United States)

    Moore, Marlee E; Hiday, Virginia Aldigé

    2006-12-01

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

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

    OpenAIRE

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

    2017-01-01

    Exposure to radiofrequency (RF) radiation was classified as a possible human carcinogen, Group 2B, by the International Agency for Research on Cancer at WHO in 2011. The exposure pattern is changing due to the rapid development of technology. Outdoor RF radiation level was measured during five tours in Stockholm Old Town in April, 2016 using the EME Spy 200 exposimeter with 20 predefined frequencies. The results were based on 10,437 samples in total. The mean level of the total RF radiation w...

  2. 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

  3. What Defines an International Criminal Court?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2015-01-01

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

  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...... they contain. These results indicate that the parties play an important role in crafting the substance of their agreements. However, we also found that the wording of the agreements is characterised by legal and bureaucratic language to the extent that people without legal training find it difficult to read...

  5. Employers liability to the international criminal court

    Directory of Open Access Journals (Sweden)

    Yenifer Yiseth Suárez Díaz

    2014-01-01

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

  6. Duration of a Magma Ocean and Subsequent Mantle Overturn in Mars: Evidence from Nakhlites

    Science.gov (United States)

    Debaille, V.; Brandon, A. D.; Yin, Q.-Z.; Jacobsen, B.

    2008-01-01

    It is now generally accepted that the heat produced by accretion, short-lived radioactive elements such as Al-26, and gravitational energy from core formation was sufficient to at least partially melt the silicate portions of terrestrial planets resulting in a global-scale magma ocean. More particularly, in Mars, the geochemical signatures displayed by shergottites, are likely inherited from the crystallization of this magma ocean. Using the short-lived chronometer Sm-146 - Nd-142 (t(sup 1/2) = 103 Myr), the duration of the Martian magma ocean (MMO) has been evaluated to being less than 40 Myr, while recent and more precise ND-142/ND-144 data were used to evaluate the longevity of the MMO to approximately 100 Myr after the solar system formation. In addition, it has been proposed that the end of the crystallization of the MMO may have triggered a mantle overturn, as a result of a density gradient in the cumulate layers crystallized at different levels. Dating the mantle overturn could hence provide additional constraint on the duration of the MMO. Among SNC meteorites, nakhlites are characterized by high epsilon W-182 of approximately +3 and an epsilon Nd-142 similar to depleted shergottites of +0.6-0.9. It has hence been proposed that the source of nakhlites was established very early in Mars history (approximately 8-10 Myr). However, the times recorded in HF-182-W-182 isotope system, i.e. when 182Hf became effectively extinct (approximately 50 Myr after solar system formation) are less than closure times recorded in the Sm-146-Nd-142 isotope system (with a full coverage of approximately 500 Myr after solar system formation). This could result in decoupling between the present-day measured epsilon W-182 and epsilon Nd-142 as the SM-146 may have recorded later differentiation events in epsilon ND-142 not observed in epsilon W-182 values. With these potential complexities in short-lived chronological data for SNC's in mind, new Hf-176/Hf-177, Nd-143/Nd-144 and Nd

  7. Reconciling Gases With Glasses: Magma Degassing, Overturn and Mixing at Kilauea Volcano, Hawai`i

    Science.gov (United States)

    Edmonds, M.; Gerlach, T. M.

    2006-12-01

    Our understanding of the volatile budget at Kilauea Volcano is based on measurements of the abundance of volatile elements in volcanic glasses and gases. Observations of volcanic gases gave rise to a fundamental model describing volatile fractionation between the summit and rift zone during the current eruption [Gerlach and Graeber, 1985]. Other workers' analysis of glasses from the Puna Ridge, Kilauea Iki and Pu`u `O`o indicate that magma degassing, drain-back, mixing and assimilation are important processes at Kilauea Volcano. Volcanic gases have not illustrated these kinds of processes clearly in the past, owing to infrequent and poorly resolved data. New, detailed studies of volcanic gas emissions have refined our understanding of volatile degassing and magma budgets at Kilauea Volcano. Open Path Fourier Transform Infra-Red spectroscopy measurements carried out during 2004-2005 allow retrieval of the relative abundances of the major volatile species H2O, CO2 and SO2, which together make up >99 vol% of the magmatic vapor phase. The proportions of these gases vary over time and space and can be used to infer magma transport, ascent, degassing, overturn and mixing and gas segregation processes within the plumbing system of Kilauea Volcano. Gases from Pu`u `O`o in 2004-2005 display a range in composition. A trend relates molar C/S to the total H2O content of the gases over time and space; total H2O ranges from 60-98 mol %, while molar C/S ranges from 50. The range in volcanic gas composition over time and space is caused by magma degassing, overturn and mixing of partially degassed magma with fresh primary magma beneath Pu`u `O`o. Measurements of the mean rate of magma degassing (from SO2 emissions) and mean lava effusion rate (from geophysical measurements of lava tube flux) suggest that a larger volume (DRE) of magma is degassing than is being erupted, on average. This analysis suggests that magma storage in the Rift Zone might be important during eruptions as

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

    Directory of Open Access Journals (Sweden)

    Joshua M. Rosenthal

    2012-07-01

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

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

    OpenAIRE

    Williams, Andrew

    1990-01-01

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

  10. Risks and benefits of hormone therapy: has medical dogma now been overturned?

    Science.gov (United States)

    Shapiro, S; de Villiers, T J; Pines, A; Sturdee, D W; Baber, R J; Panay, N; Stevenson, J C; Mueck, A O; Burger, H G

    2014-06-01

    In an integrated overview of the benefits and risks of menopausal hormone therapy (HT), the Women's Health Initiative (WHI) investigators have claimed that their 'findings … do not support use of this therapy for chronic disease prevention'. In an accompanying editorial, it was claimed that 'the WHI overturned medical dogma regarding menopausal [HT]'. To evaluate those claims. Epidemiological criteria of causation were applied to the evidence. A 'global index' purporting to summarize the overall benefit versus the risk of HT was not valid, and it was biased. For coronary heart disease, an increased risk in users of estrogen plus progestogen (E + P), previously reported by the WHI, was not confirmed. The WHI study did not establish that E+ P increases the risk of breast cancer; the findings suggest that unopposed estrogen therapy (ET) does not increase the risk, and may even reduce it. The findings for stroke and pulmonary embolism were compatible with an increased risk, and among E+ P users there were credible reductions in the risk of colorectal and endometrial cancer. For E+ P and ET users, there were credible reductions in the risk of hip fracture. Under 'worst case' and 'best case' assumptions, the changes in the incidence of the outcomes attributable to HT were minor. Over-interpretation and misrepresentation of the WHI findings have damaged the health and well-being of menopausal women by convincing them and their health professionals that the risks of HT outweigh the benefits.

  11. Cold-season atmospheric response to the natural variability of the Atlantic meridional overturning circulation

    Energy Technology Data Exchange (ETDEWEB)

    Gastineau, Guillaume; Frankignoul, Claude [LOCEAN/IPSL, Universite Pierre et Marie Curie, 4 place Jussieu, BP100, Paris Cedex 05 (France)

    2012-07-15

    The influence of the natural variability of the Atlantic meridional overturning circulation (AMOC) on the atmosphere is studied in multi-centennial simulations of six global climate models, using Maximum Covariance Analysis (MCA). In all models, a significant but weak influence of the AMOC changes is found during the Northern Hemisphere cold-season, when the ocean leads the atmosphere by a few years. Although the oceanic pattern slightly varies, an intensification of the AMOC is followed in all models by a weak sea level pressure response that resembles a negative phase of the North Atlantic Oscillation (NAO). The signal amplitude is typically 0.5 hPa and explains about 10% of the yearly variability of the NAO in all models. The atmospheric response seems to be due primarily due to an increase of the heat loss along the North Atlantic Current and the subpolar gyre, associated with an AMOC-driven warming. Sea-ice changes appear to be less important. The stronger heating is associated to a southward shift of the lower-tropospheric baroclinicity and a decrease of the eddy activity in the North Atlantic storm track, which is consistent with the equivalent barotropic perturbation resembling the negative phase of the NAO. This study thus provides some evidence of an atmospheric signature of the AMOC in the cold-season, which may have some implications for the decadal predictability of climate in the North Atlantic region. (orig.)

  12. The modern and glacial overturning circulation in the Atlantic ocean in PMIP coupled model simulations

    Directory of Open Access Journals (Sweden)

    S. L. Weber

    2007-01-01

    Full Text Available This study analyses the response of the Atlantic meridional overturning circulation (AMOC to LGM forcings and boundary conditions in nine PMIP coupled model simulations, including both GCMs and Earth system Models of Intermediate Complexity. Model results differ widely. The AMOC slows down considerably (by 20–40% during the LGM as compared to the modern climate in four models, there is a slight reduction in one model and four models show a substantial increase in AMOC strength (by 10–40%. It is found that a major controlling factor for the AMOC response is the density contrast between Antarctic Bottom Water (AABW and North Atlantic Deep Water (NADW at their source regions. Changes in the density contrast are determined by the opposing effects of changes in temperature and salinity, with more saline AABW as compared to NADW consistently found in all models and less cooling of AABW in all models but one. In only two models is the AMOC response during the LGM directly related to the response in net evaporation over the Atlantic basin. Most models show large changes in the ocean freshwater transports into the basin, but this does not seem to affect the AMOC response. Finally, there is some dependence on the accuracy of the control state.

  13. An electrical analogy relating the Atlantic multidecadal oscillation to the Atlantic meridional overturning circulation.

    Directory of Open Access Journals (Sweden)

    Bruce E Kurtz

    Full Text Available The Atlantic meridional overturning circulation (AMOC is the northward flow of surface water to subpolar latitudes where deepwater is formed, balanced by southward abyssal flow and upwelling in the vicinity of the Southern Ocean. It is generally accepted that AMOC flow oscillates with a period of 60-80 years, creating a regular variation in North Atlantic sea surface temperature known as the Atlantic multidecadal oscillation (AMO. This article attempts to answer two questions: how is the AMOC driven and why does it oscillate? Using methods commonly employed by chemical engineers for analyzing processes involving flowing liquids, apparently not previously applied to trying to understand the AMOC, an equation is developed for AMOC flow as a function of the meridional density gradient or the corresponding temperature gradient. The equation is based on the similarity between the AMOC and an industrial thermosyphon loop cooler, which circulates a heat transfer liquid without using a mechanical pump. Extending this equation with an analogy between the flow of heat and electricity explains why the AMOC flow oscillates and what determines its period. Calculated values for AMOC flow and AMO oscillation period are in good agreement with measured values.

  14. Reduced interdecadal variability of Atlantic Meridional Overturning Circulation under global warming

    Science.gov (United States)

    Cheng, Jun; Liu, Zhengyu; Zhang, Shaoqing; Liu, Wei; Dong, Lina; Liu, Peng; Li, Hongli

    2016-01-01

    Interdecadal variability of the Atlantic Meridional Overturning Circulation (AMOC-IV) plays an important role in climate variation and has significant societal impacts. Past climate reconstruction indicates that AMOC-IV has likely undergone significant changes. Despite some previous studies, responses of AMOC-IV to global warming remain unclear, in particular regarding its amplitude and time scale. In this study, we analyze the responses of AMOC-IV under various scenarios of future global warming in multiple models and find that AMOC-IV becomes weaker and shorter with enhanced global warming. From the present climate condition to the strongest future warming scenario, on average, the major period of AMOC-IV is shortened from ∼50 y to ∼20 y, and the amplitude is reduced by ∼60%. These reductions in period and amplitude of AMOC-IV are suggested to be associated with increased oceanic stratification under global warming and, in turn, the speedup of oceanic baroclinic Rossby waves. PMID:26951654

  15. Plausible Effect of Weather on Atlantic Meridional Overturning Circulation with a Coupled General Circulation Model

    Science.gov (United States)

    Liu, Zedong; Wan, Xiuquan

    2018-04-01

    The Atlantic meridional overturning circulation (AMOC) is a vital component of the global ocean circulation and the heat engine of the climate system. Through the use of a coupled general circulation model, this study examines the role of synoptic systems on the AMOC and presents evidence that internally generated high-frequency, synoptic-scale weather variability in the atmosphere could play a significant role in maintaining the overall strength and variability of the AMOC, thereby affecting climate variability and change. Results of a novel coupling technique show that the strength and variability of the AMOC are greatly reduced once the synoptic weather variability is suppressed in the coupled model. The strength and variability of the AMOC are closely linked to deep convection events at high latitudes, which could be strongly affected by the weather variability. Our results imply that synoptic weather systems are important in driving the AMOC and its variability. Thus, interactions between atmospheric weather variability and AMOC may be an important feedback mechanism of the global climate system and need to be taken into consideration in future climate change studies.

  16. Influence of glacial ice sheets on the Atlantic meridional overturning circulation through surface wind change

    Science.gov (United States)

    Sherriff-Tadano, Sam; Abe-Ouchi, Ayako; Yoshimori, Masakazu; Oka, Akira; Chan, Wing-Le

    2018-04-01

    Coupled modeling studies have recently shown that the existence of the glacial ice sheets intensifies the Atlantic meridional overturning circulation (AMOC). However, most models show a strong AMOC in their simulations of the Last Glacial Maximum (LGM), which is biased compared to reconstructions that indicate both a weaker and stronger AMOC during the LGM. Therefore, a detailed investigation of the mechanism behind this intensification of the AMOC is important for a better understanding of the glacial climate and the LGM AMOC. Here, various numerical simulations are conducted to focus on the effect of wind changes due to glacial ice sheets on the AMOC and the crucial region where the wind modifies the AMOC. First, from atmospheric general circulation model experiments, the effect of glacial ice sheets on the surface wind is evaluated. Second, from ocean general circulation model experiments, the influence of the wind stress change on the AMOC is evaluated by applying wind stress anomalies regionally or at different magnitudes as a boundary condition. These experiments demonstrate that glacial ice sheets intensify the AMOC through an increase in the wind stress at the North Atlantic mid-latitudes, which is induced by the North American ice sheet. This intensification of the AMOC is caused by the increased oceanic horizontal and vertical transport of salt, while the change in sea ice transport has an opposite, though minor, effect. Experiments further show that the Eurasian ice sheet intensifies the AMOC by directly affecting the deep-water formation in the Norwegian Sea.

  17. Expert judgements on the response of the Atlantic meridional overturning circulation to climate change

    International Nuclear Information System (INIS)

    Zickfeld, K.; Levermann, A.; Kuhlbrodt, T.; Rahmstorf, S.; Morgan, M.G.; Keith, D.W.

    2007-01-01

    We present results from detailed interviews with 12 leading climate scientists about the possible effects of global climate change on the Atlantic Meridional Overturning Circulation (AMOC). The elicitation sought to examine the range of opinions within the climatic research community about the physical processes that determine the current strength of the AMOC, its future evolution in a changing climate and the consequences of potential AMOC changes. Experts assign different relative importance to physical processes which determine the present-day strength of the AMOC as well as to forcing factors which determine its future evolution under climate change. Many processes and factors deemed important are assessed as poorly known and insufficiently represented in state-of-the-art climate models. All experts anticipate a weakening of the AMOC under scenarios of increase of greenhouse gas concentrations. Two experts expect a permanent collapse of the AMOC as the most likely response under a 4xCO2 scenario. Assuming a global mean temperature increase in the year 2100 of 4 K, eight experts assess the probability of triggering an AMOC collapse as significantly different from zero, three of them as larger than 40%. Elicited consequences of AMOC reduction include strong changes in temperature, precipitation distribution and sea level in the North Atlantic area. It is expected that an appropriately designed research program, with emphasis on long-term observations and coupled climate modeling, would contribute to substantially reduce uncertainty about the future evolution of the AMOC

  18. 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...

  19. Challenging international criminal tribunals before domestic courts

    NARCIS (Netherlands)

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

    2011-01-01

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

  20. Push Characteristics in Wheelchair Court Sport Sprinting

    NARCIS (Netherlands)

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

    2016-01-01

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

  1. Push characteristics in wheelchair court sport sprinting

    NARCIS (Netherlands)

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

    2016-01-01

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

  2. Nuclear weapons and the World Court ruling

    International Nuclear Information System (INIS)

    Singh, J.

    1998-01-01

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

  3. Swan Song for the Burger Court.

    Science.gov (United States)

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

    1986-01-01

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

  4. The Courts, Social Science, and School Desegregation.

    Science.gov (United States)

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

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

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

    Science.gov (United States)

    Phay, Robert E.

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

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

    African Journals Online (AJOL)

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

  7. Matching Judicial Supervision to Clients’ Risk Status in Drug Court

    Science.gov (United States)

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

    2007-01-01

    This article reports outcomes from a program of experimental research evaluating the risk principle in drug courts. Prior studies revealed that participants who were high risk and had (a) antisocial personality disorder or (b) a prior history of drug abuse treatment performed better in drug court when scheduled to attend biweekly judicial status hearings in court. In contrast, participants who were low risk performed equivalently regardless of the court hearings schedule. This study prospectively matches drug court clients to the optimal schedule of court hearings based on an assessment of their risk status and compares outcomes to clients randomly assigned to the standard hearings schedule. Results confirmed that participants who were high risk and matched to biweekly hearings had better during-treatment outcomes than participants assigned to status hearings as usual. These findings provide confirmation of the risk principle in drug courts and yield practical information for enhancing the efficacy and cost-efficiency of drug courts. PMID:18174915

  8. UK: Welsh court reduces sentence, cites HIV status.

    Science.gov (United States)

    Marceau, Emmanuelle

    2003-08-01

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

  9. Parent Group Training Programs in Juvenile Courts: A National Survey

    Science.gov (United States)

    Windell, James O.; Windell, Ellen A.

    1977-01-01

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

  10. A frozen record of density-driven crustal overturn in lava lakes: The example of Kilauea Iki 1959

    Science.gov (United States)

    Stovall, W.K.; Houghton, Bruce F.; Harris, A.J.L.; Swanson, D.A.

    2009-01-01

    Lava lakes are found at basaltic volcanoes on Earth and other planetary bodies. Density-driven crustal foundering leading to surface renewal occurs repeatedly throughout the life of a lava lake. This process has been observed and described in a qualitative sense, but due to dangerous conditions, no data has been acquired to evaluate the densities of the units involved. Kilauea Iki pit crater in Hawai'i houses a lava lake erupted during a 2 month period in 1959. Part of the surface of the Kilauea Iki lake now preserves the frozen record of a final, incomplete, crustal-overturn cycle. We mapped this region and sampled portions of the foundering crust, as well as overriding and underlying lava, to constrain the density of the units involved in the overturn process. Overturn is driven by the advance of a flow front of fresh, low-density lava over an older, higher density surface crust. The advance of the front causes the older crust to break up, founder, and dive downwards into the lake to expose new, hot, low-density lava. We find density differences of 200 to 740 kg/m3 between the foundering crust and over-riding and under-lying lava respectively. In this case, crustal overturn is driven by large density differences between the foundering and resurfacing units. These differences lead, inevitably, to frequent crustal renewal: simple density differences between the surface crust and underlying lake lava make the upper layers of the lake highly unstable. ?? Springer-Verlag 2008.

  11. Climate and vegetation changes around the Atlantic Ocean resulting from changes in the meridional overturning circulation during deglaciation

    OpenAIRE

    D. Handiani; A. Paul; L. Dupont

    2012-01-01

    The Bølling-Allerød (BA, starting ~ 14.5 ka BP) is one of the most pronounced abrupt warming periods recorded in ice and pollen proxies. The leading explanation of the cause of this warming is a sudden increase in the rate of deepwater formation in the North Atlantic Ocean and the resulting effect on the heat transport by the Atlantic Meridional Overturning Circulation (AMOC). In this study, we used the University of Victoria (UVic) Earth System-Climate Mod...

  12. 4M Overturned Pyramid (MOP) Model Utilization: Case Studies on Collision in Indonesian and Japanese Maritime Traffic Systems (MTS)

    OpenAIRE

    Wanginingastuti Mutmainnah; Masao Furusho

    2016-01-01

    4M Overturned Pyramid (MOP) model is a new model, proposed by authors, to characterized MTS which is adopting epidemiological model that determines causes of accidents, including not only active failures but also latent failures and barriers. This model is still being developed. One of utilization of MOP model is characterizing accidents in MTS, i.e. collision in Indonesia and Japan that is written in this paper. The aim of this paper is to show the characteristics of ship collision accidents...

  13. The International Criminal Court at the crossroads

    Directory of Open Access Journals (Sweden)

    Abdelwahab Biad

    2010-05-01

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

  14. [Cochlear implants in the social courts].

    Science.gov (United States)

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

    2018-02-01

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

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

    Directory of Open Access Journals (Sweden)

    Kenichi Takahoko

    2014-01-01

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

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

    African Journals Online (AJOL)

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

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

    Science.gov (United States)

    Beach, George

    2000-01-01

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

  18. Legal Bibliography for Juvenile and Family Courts. Supplement 2.

    Science.gov (United States)

    Sheridan, William H.; Freer, Alice B.

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

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

    DEFF Research Database (Denmark)

    Minssen, Timo; Schwartz, Robert M.

    2016-01-01

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

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

    Index Scriptorium Estoniae

    Cox, Angelina

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Lucas Oliveira Gomes Ferreira

    2012-03-01

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

  2. REE and Isotopic Compositions of Lunar Basalts Demonstrate Partial Melting of Hybridized Mantle Sources after Cumulate Overturn is Required

    Science.gov (United States)

    Dygert, N. J.; Liang, Y.

    2017-12-01

    Lunar basalts maintain an important record of the composition of the lunar interior. Much of our understanding of the Moon's early evolution comes from studying their petrogenesis. Recent experimental work has advanced our knowledge of major and trace element fractionation during lunar magma ocean (LMO) crystallization [e.g., 1-3], which produced heterogeneous basalt sources in the Moon's mantle. With the new experimental constraints, we can evaluate isotopic and trace element signatures in lunar basalts in unprecedented detail, refining inferences about the Moon's dynamic history. Two petrogenetic models are invoked to explain the compositions of the basalts. The assimilation model argues they formed as primitive melts of early LMO cumulates that assimilated late LMO cumulates as they migrated upward. The cumulate overturn model argues that dense LMO cumulates sank into the lunar interior, producing hybridized sources that melted to form the basalts. Here we compare predicted Ce/Yb and Hf and Nd isotopes of partial melts of LMO cumulates with measured compositions of lunar basalts to evaluate whether they could have formed by end-member petrogenetic models. LMO crystallization models suggest all LMO cumulates have chondrite normalized Ce/Yb 1.5; these could not have formed by assimilation of any LMO cumulate or residual liquid (or KREEP basalt, which has isotopically negative ɛNd and ɛHf). In contrast, basalt REE patterns and isotopes can easily be modeled assuming partial melting of hybridized mantle sources, indicating overturn may be required. A chemical requirement for overturn independently confirms that late LMO cumulates are sufficiently low in viscosity to sink into the lunar interior, as suggested by recent rock deformation experiments [4]. Overturned, low viscosity late LMO cumulates would be relatively stable around the core [5]. High Ce/Yb basalts require that overturned cumulates were mixed back into the overlying mantle by convection within a few

  3. The role of salinity in the decadal variability of the North Atlantic meridional overturning circulation

    Energy Technology Data Exchange (ETDEWEB)

    Frankignoul, Claude [Universite Pierre et Marie Curie, Paris 6, LOCEAN/IPSL, Paris Cedex 05 (France); Deshayes, Julie; Curry, Ruth [Woods Hole Oceanographic Institution, Woods Hole, MA (United States)

    2009-11-15

    An OGCM hindcast is used to investigate the linkages between North Atlantic Ocean salinity and circulation changes during 1963-2003. The focus is on the eastern subpolar region consisting of the Irminger Sea and the eastern North Atlantic where a careful assessment shows that the simulated interannual to decadal salinity changes in the upper 1,500 m reproduce well those derived from the available record of hydrographic measurements. In the model, the variability of the Atlantic meridional overturning circulation (MOC) is primarily driven by changes in deep water formation taking place in the Irminger Sea and, to a lesser extent, the Labrador Sea. Both are strongly influenced by the North Atlantic Oscillation (NAO). The modeled interannual to decadal salinity changes in the subpolar basins are mostly controlled by circulation-driven anomalies of freshwater flux convergence, although surface salinity restoring to climatology and other boundary fluxes each account for approximately 25% of the variance. The NAO plays an important role: a positive NAO phase is associated with increased precipitation, reduced northward salt transport by the wind-driven intergyre gyre, and increased southward flows of freshwater across the Greenland-Scotland ridge. Since the NAO largely controlled deep convection in the subpolar gyre, fresher waters are found near the sinking region during convective events. This markedly differs from the active influence on the MOC that salinity exerts at decadal and longer timescales in most coupled models. The intensification of the MOC that follows a positive NAO phase by about 2 years does not lead to an increase in the northward salt transport into the subpolar domain at low frequencies because it is cancelled by the concomitant intensification of the subpolar gyre which shifts the subpolar front eastward and reduces the northward salt transport by the North Atlantic Current waters. This differs again from most coupled models, where the gyre

  4. Variability of the Atlantic meridional overturning circulation in the last millennium and two IPCC scenarios

    Energy Technology Data Exchange (ETDEWEB)

    Ortega, Pablo; Montoya, Marisa; Gonzalez-Rouco, Fidel [Universidad Complutense de Madrid, Ciudad Universitaria, Dpto. Astrofisica y Ciencias de la Atmosfera/Instituto de Geociencias, Facultad de Ciencias Fisicas, Madrid (Spain); Universidad Complutense de Madrid, Ciudad Universitaria, Instituto de Geociencias (UCM-CSIC), Facultad de Ciencias Fisicas, Madrid (Spain); Mignot, Juliette [IPSL/LOCEAN, UPMC/CNRS/IRD/MNHN, Universite Pierre et Marie Curie, Paris Cedex 05 (France); Legutke, Stephanie [Deutsches Klimarechenzentrum (DKRZ), Hamburg (Germany)

    2012-05-15

    The variability of the Atlantic meridional overturning circulation (AMOC) is investigated in several climate simulations with the ECHO-G atmosphere-ocean general circulation model, including two forced integrations of the last millennium, one millennial-long control run, and two future scenario simulations of the twenty-first century. This constitutes a new framework in which the AMOC response to future climate change conditions is addressed in the context of both its past evolution and its natural variability. The main mechanisms responsible for the AMOC variability at interannual and multidecadal time scales are described. At high frequencies, the AMOC is directly responding to local changes in the Ekman transport, associated with three modes of climate variability: El Nino-Southern Oscillation (ENSO), the North Atlantic Oscillation (NAO), and the East Atlantic (EA) pattern. At low frequencies, the AMOC is largely controlled by convection activity south of Greenland. Again, the atmosphere is found to play a leading role in these variations. Positive anomalies of convection are preceded in 1 year by intensified zonal winds, associated in the forced runs to a positive NAO-like pattern. Finally, the sensitivity of the AMOC to three different forcing factors is investigated. The major impact is associated with increasing greenhouse gases, given their strong and persistent radiative forcing. Starting in the Industrial Era and continuing in the future scenarios, the AMOC experiences a final decrease of up to 40% with respect to the preindustrial average. Also, a weak but significant AMOC strengthening is found in response to the major volcanic eruptions, which produce colder and saltier surface conditions over the main convection regions. In contrast, no meaningful impact of the solar forcing on the AMOC is observed. Indeed, solar irradiance only affects convection in the Nordic Seas, with a marginal contribution to the AMOC variability in the ECHO-G runs. (orig.)

  5. Meridional overturning and large-scale circulation of the Indian Ocean

    Science.gov (United States)

    Ganachaud, Alexandre; Wunsch, Carl; Marotzke, Jochem; Toole, John

    2000-11-01

    The large scale Indian Ocean circulation is estimated from a global hydrographic inverse geostrophic box model with a focus on the meridional overturning circulation (MOC). The global model is based on selected recent World Ocean Circulation Experiment (WOCE) sections which in the Indian Basin consist of zonal sections at 32°S, 20°S and 8°S, and a section between Bali and Australia from the Java-Australia Dynamic Experiment (JADE). The circulation is required to conserve mass, salinity, heat, silica and "PO" (170PO4+O2). Near-conservation is imposed within layers bounded by neutral surfaces, while permitting advective and diffusive exchanges between the layers. Conceptually, the derived circulation is an estimate of the average circulation for the period 1987-1995. A deep inflow into the Indian Basin of 11±4 Sv is found, which is in the lower range of previous estimates, but consistent with conservation requirements and the global data set. The Indonesian Throughflow (ITF) is estimated at 15±5 Sv. The flow in the Mozambique Channel is of the same magnitude, implying a weak net flow between Madagascar and Australia. A net evaporation of -0.6±0.4 Sv is found between 32°S and 8°S, consistent with independent estimates. No net heat gain is found over the Indian Basin (0.1 ± 0.2PW north of 32°S) as a consequence of the large warm water influx from the ITF. Through the use of anomaly equations, the average dianeutral upwelling and diffusion between the sections are required and resolved, with values in the range 1-3×10-5 cm s-1 for the upwelling and 2-10 cm2 s-1 for the diffusivity.

  6. On the seasonal variability of the Canary Current and the Atlantic Meridional Overturning Circulation

    Science.gov (United States)

    Vélez-Belchí, Pedro; Pérez-Hernández, M. Dolores; Casanova-Masjoan, María.; Cana, Luis; Hernández-Guerra, Alonso

    2017-06-01

    The Atlantic Meridional Overturning Circulation (AMOC) is continually monitored along 26°N by the RAPID-MOCHA array. Measurements from this array show a 6.7 Sv seasonal cycle for the AMOC, with a 5.9 Sv contribution from the upper mid-ocean. Recent studies argue that the dynamics of the eastern Atlantic is the main driver for this seasonal cycle; specifically, Rossby waves excited south of the Canary Islands. Using inverse modeling, hydrographic, mooring, and altimetry data, we describe the seasonal cycle of the ocean mass transport around the Canary Islands and at the eastern boundary, under the influence of the African slope, where eastern component of the RAPID-MOCHA array is situated. We find a seasonal cycle of -4.1 ± 0.5 Sv for the oceanic region of the Canary Current, and +3.7 ± 0.4 Sv at the eastern boundary. This seasonal cycle along the eastern boundary is in agreement with the seasonal cycle of the AMOC that requires the lowest contribution to the transport in the upper mid-ocean to occur in fall. However, we demonstrate that the linear Rossby wave model used previously to explain the seasonal cycle of the AMOC is not robust, since it is extremely sensitive to the choice of the zonal range of the wind stress curl and produces the same results with a Rossby wave speed of zero. We demonstrate that the seasonal cycle of the eastern boundary is due to the recirculation of the Canary Current and to the seasonal cycle of the poleward flow that characterizes the eastern boundaries of the oceans.

  7. Anomalously weak Labrador Sea convection and Atlantic overturning during the past 150 years.

    Science.gov (United States)

    Thornalley, David J R; Oppo, Delia W; Ortega, Pablo; Robson, Jon I; Brierley, Chris M; Davis, Renee; Hall, Ian R; Moffa-Sanchez, Paola; Rose, Neil L; Spooner, Peter T; Yashayaev, Igor; Keigwin, Lloyd D

    2018-04-01

    The Atlantic meridional overturning circulation (AMOC) is a system of ocean currents that has an essential role in Earth's climate, redistributing heat and influencing the carbon cycle 1, 2 . The AMOC has been shown to be weakening in recent years 1 ; this decline may reflect decadal-scale variability in convection in the Labrador Sea, but short observational datasets preclude a longer-term perspective on the modern state and variability of Labrador Sea convection and the AMOC 1, 3-5 . Here we provide several lines of palaeo-oceanographic evidence that Labrador Sea deep convection and the AMOC have been anomalously weak over the past 150 years or so (since the end of the Little Ice Age, LIA, approximately AD 1850) compared with the preceding 1,500 years. Our palaeoclimate reconstructions indicate that the transition occurred either as a predominantly abrupt shift towards the end of the LIA, or as a more gradual, continued decline over the past 150 years; this ambiguity probably arises from non-AMOC influences on the various proxies or from the different sensitivities of these proxies to individual components of the AMOC. We suggest that enhanced freshwater fluxes from the Arctic and Nordic seas towards the end of the LIA-sourced from melting glaciers and thickened sea ice that developed earlier in the LIA-weakened Labrador Sea convection and the AMOC. The lack of a subsequent recovery may have resulted from hysteresis or from twentieth-century melting of the Greenland Ice Sheet 6 . Our results suggest that recent decadal variability in Labrador Sea convection and the AMOC has occurred during an atypical, weak background state. Future work should aim to constrain the roles of internal climate variability and early anthropogenic forcing in the AMOC weakening described here.

  8. A commentary on the Atlantic meridional overturning circulation stability in climate models

    Science.gov (United States)

    Gent, Peter R.

    2018-02-01

    The stability of the Atlantic meridional overturning circulation (AMOC) in ocean models depends quite strongly on the model formulation, especially the vertical mixing, and whether it is coupled to an atmosphere model. A hysteresis loop in AMOC strength with respect to freshwater forcing has been found in several intermediate complexity climate models and in one fully coupled climate model that has very coarse resolution. Over 40% of modern climate models are in a bistable AMOC state according to the very frequently used simple stability criterion which is based solely on the sign of the AMOC freshwater transport across 33° S. In a recent freshwater hosing experiment in a climate model with an eddy-permitting ocean component, the change in the gyre freshwater transport across 33° S is larger than the AMOC freshwater transport change. This casts very strong doubt on the usefulness of this simple AMOC stability criterion. If a climate model uses large surface flux adjustments, then these adjustments can interfere with the atmosphere-ocean feedbacks, and strongly change the AMOC stability properties. AMOC can be shut off for many hundreds of years in modern fully coupled climate models if the hosing or carbon dioxide forcing is strong enough. However, in one climate model the AMOC recovers after between 1000 and 1400 years. Recent 1% increasing carbon dioxide runs and RCP8.5 future scenario runs have shown that the AMOC reduction is smaller using an eddy-resolving ocean component than in the comparable standard 1° ocean climate models.

  9. The role of Meridional Overturning Circulation (MOC) on Ancient Climates and Implications for Anthropogenic Climate Change

    Science.gov (United States)

    Cumming, M.

    2017-12-01

    Our increasingly robust history of ancient climates indicates that high latitude glaciation is the ultimate product of an episodic cooling trend that began about 100-million years ago rather than a result of a yet-to-be identified modal change. Antarctic geography (continent surrounded by ocean) allowed ice to develop prior to significant glaciation in the Northern Hemisphere (ocean surrounded by land), but global ice volume generally increased as Earth cooled. The question of what caused the Ice Ages should be reframed as to "What caused the Cenozoic Cooling?" Records tell us that changes in temperature and CO2 levels rise and fall together, however it is not clear when CO2 acts as a driver versus when it is primarily an indicator of temperature change. The episodic nature of the cooling trend suggests other more dynamic phenomena are involved. It is proposed that oceanic meridional overturning circulation (MOC) plays a significant role in regulating Earth's surface temperature. Robust MOC has a cooling effect which results from its sequestration of cold waters (together with their increased heat-absorbing potential) below the surface. Unable to better absorb equatorial insolation for great lengths of time, oceanic deep waters are not able to fully compensate for the heat lost by warm-water transport to Polar Regions. A lag-time between cooling and subsequent warming yields lower operating temperatures commensurate with the strength of global MOC. The long-term decline in global temperatures is largely explained by the tectonic reshaping of ocean basins and the connections between them such that MOC has generally, but not uniformly, increased. Geophysically Influenced MOC (GIMOC) has caused a significant proportion of the lowering of global temperatures in the Cenozoic Era. Short-term disruptions in MOC (and subsequent impacts on global temperatures) were likely involved in Late Pleistocene glacial termination events and may already be compounding present

  10. Mid-Pliocene shifts in ocean overturning circulation and the onset of Quaternary-style climates

    Directory of Open Access Journals (Sweden)

    M. Sarnthein

    2009-06-01

    Full Text Available A major tipping point of Earth's history occurred during the mid-Pliocene: the onset of major Northern-Hemisphere Glaciation (NHG and of pronounced, Quaternary-style cycles of glacial-to-interglacial climates, that contrast with more uniform climates over most of the preceding Cenozoic and continue until today (Zachos et al., 2001. The severe deterioration of climate occurred in three steps between 3.2 Ma (warm MIS K3 and 2.7 Ma (glacial MIS G6/4 (Lisiecki and Raymo, 2005. Various models (sensu Driscoll and Haug, 1998 and paleoceanographic records (intercalibrated using orbital age control suggest clear linkages between the onset of NHG and the three steps in the final closure of the Central American Seaways (CAS, deduced from rising salinity differences between Caribbean and the East Pacific. Each closing event led to an enhanced North Atlantic meridional overturning circulation and this strengthened the poleward transport of salt and heat (warmings of +2–3°C (Bartoli et al., 2005. Also, the closing resulted in a slight rise in the poleward atmospheric moisture transport to northwestern Eurasia (Lunt et al., 2007, which probably led to an enhanced precipitation and fluvial run-off, lower sea surface salinity (SSS, and an increased sea-ice cover in the Arctic Ocean, hence promoting albedo and the build-up of continental ice sheets. Most important, new evidence shows that the closing of the CAS led to greater steric height of the North Pacific and thus doubled the low-saline Arctic Throughflow from the Bering Strait to the East Greenland Current (EGC. Accordingly, Labrador Sea IODP Site 1307 displays an abrupt but irreversible EGC cooling of 6°C and freshening by ~2 psu from 3.25/3.16–3.00 Ma, right after the first but still reversible attempt of closing the CAS.

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

    Science.gov (United States)

    Veshi, Denard

    2017-06-01

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

  12. Trial by Jury in Russian Military Courts

    Directory of Open Access Journals (Sweden)

    Nikolai P. Kovalev

    2008-07-01

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

  13. Investigating deviations from norms in court interpreting

    DEFF Research Database (Denmark)

    Dubslaff, Friedel; Martinsen, Bodil

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

  14. Courts, Scheduled Damages, and Medical Malpractice Insurance

    DEFF Research Database (Denmark)

    Bertoli, Paola; Grembi, Veronica

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

  15. Barriers to addressing substance abuse in domestic violence court.

    Science.gov (United States)

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

    2014-03-01

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

  16. Internal and External Dialogue: A Method for Quality Court Management

    Directory of Open Access Journals (Sweden)

    Marie Hagsgård

    2008-10-01

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

  17. PENGADILAN HIBRIDA (HYBRID COURT SEBAGAI ALTERNATIF PENANGANAN KEJAHATAN INTERNASIONAL

    Directory of Open Access Journals (Sweden)

    Arie Siswanto

    2016-10-01

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

  18. The use of mental health court appearances in supervision.

    Science.gov (United States)

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

    2010-01-01

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

  19. Social Norms in the Ancient Athenian Courts

    OpenAIRE

    Lanni, Adriaan M.

    2013-01-01

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

  20. Behavioral Genetics in Criminal and Civil Courts.

    Science.gov (United States)

    Sabatello, Maya; Appelbaum, Paul S

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

  1. 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.

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

    Directory of Open Access Journals (Sweden)

    Aníbal Pérez-Liñán

    2009-07-01

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

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

    International Nuclear Information System (INIS)

    1994-01-01

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

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

    International Nuclear Information System (INIS)

    1994-01-01

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

  5. Court Supervised Institutional Transformation in South Africa

    Directory of Open Access Journals (Sweden)

    Deon Erasmus

    2015-12-01

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

  6. North Atlantic 20th century multidecadal variability in coupled climate models: sea surface temperature and ocean overturning circulation

    Directory of Open Access Journals (Sweden)

    I. Medhaug

    2011-06-01

    Full Text Available Output from a total of 24 state-of-the-art Atmosphere-Ocean General Circulation Models is analyzed. The models were integrated with observed forcing for the period 1850–2000 as part of the Intergovernmental Panel on Climate Change (IPCC Fourth Assessment Report. All models show enhanced variability at multi-decadal time scales in the North Atlantic sector similar to the observations, but with a large intermodel spread in amplitudes and frequencies for both the Atlantic Multidecadal Oscillation (AMO and the Atlantic Meridional Overturning Circulation (AMOC. The models, in general, are able to reproduce the observed geographical patterns of warm and cold episodes, but not the phasing such as the early warming (1930s–1950s and the following colder period (1960s–1980s. This indicates that the observed 20th century extreme in temperatures are due to primarily a fortuitous phasing of intrinsic climate variability and not dominated by external forcing. Most models show a realistic structure in the overturning circulation, where more than half of the available models have a mean overturning transport within the observed estimated range of 13–24 Sverdrup. Associated with a stronger than normal AMOC, the surface temperature is increased and the sea ice extent slightly reduced in the North Atlantic. Individual models show potential for decadal prediction based on the relationship between the AMO and AMOC, but the models strongly disagree both in phasing and strength of the covariability. This makes it difficult to identify common mechanisms and to assess the applicability for predictions.

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

    Directory of Open Access Journals (Sweden)

    David Steelman

    2010-04-01

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

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

    OpenAIRE

    David Steelman

    2010-01-01

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

  9. Stagnant lids and mantle overturns: Implications for Archaean tectonics, magmagenesis, crustal growth, mantle evolution, and the start of plate tectonics

    Directory of Open Access Journals (Sweden)

    Jean H. Bédard

    2018-01-01

    Full Text Available The lower plate is the dominant agent in modern convergent margins characterized by active subduction, as negatively buoyant oceanic lithosphere sinks into the asthenosphere under its own weight. This is a strong plate-driving force because the slab-pull force is transmitted through the stiff sub-oceanic lithospheric mantle. As geological and geochemical data seem inconsistent with the existence of modern-style ridges and arcs in the Archaean, a periodically-destabilized stagnant-lid crust system is proposed instead. Stagnant-lid intervals may correspond to periods of layered mantle convection where efficient cooling was restricted to the upper mantle, perturbing Earth's heat generation/loss balance, eventually triggering mantle overturns. Archaean basalts were derived from fertile mantle in overturn upwelling zones (OUZOs, which were larger and longer-lived than post-Archaean plumes. Early cratons/continents probably formed above OUZOs as large volumes of basalt and komatiite were delivered for protracted periods, allowing basal crustal cannibalism, garnetiferous crustal restite delamination, and coupled development of continental crust and sub-continental lithospheric mantle. Periodic mixing and rehomogenization during overturns retarded development of isotopically depleted MORB (mid-ocean ridge basalt mantle. Only after the start of true subduction did sequestration of subducted slabs at the core-mantle boundary lead to the development of the depleted MORB mantle source. During Archaean mantle overturns, pre-existing continents located above OUZOs would be strongly reworked; whereas OUZO-distal continents would drift in response to mantle currents. The leading edge of drifting Archaean continents would be convergent margins characterized by terrane accretion, imbrication, subcretion and anatexis of unsubductable oceanic lithosphere. As Earth cooled and the background oceanic lithosphere became denser and stiffer, there would be an increasing

  10. 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.

  11. Real-time data helps in court

    International Nuclear Information System (INIS)

    Houlahan, T.

    2000-01-01

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

  12. 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

  13. THE RIGHT TO AN INDEPENDENT COURT

    Directory of Open Access Journals (Sweden)

    ALIN-GHEORGHE GAVRILESCU

    2011-04-01

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

  14. The CISG in Denmark and Danish Courts

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2011-01-01

    In this article the author explores key aspects of Denmark’s reception and implementation of the 1980 United Nations Convention on Contracts for the International Sales of Goods (CISG). Placing the treaty within its larger private law context, the author explains the complexity and confusion...... the problematical relationship between these international obligations and the Danish judicial tradition of formulating premises so brief that they shed little light on the decision’s underlying rationale ( ratio decidendi ). Following analysis and critique of three Danish CISG court judgments which help illustrate...... these propositions, the author proposes corrective steps designed to further a more international (and less parochial) approach to the CISG....

  15. The relationship between administrative court control and legislative control

    International Nuclear Information System (INIS)

    Beckmann, M.

    1986-01-01

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

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

    OpenAIRE

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

    2016-01-01

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

  17. First instance competence of the Higher Administrative Court

    International Nuclear Information System (INIS)

    Anon.

    1988-01-01

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

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

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    1999-01-01

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

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

    Science.gov (United States)

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

    2004-02-01

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

  20. Historical context of the Albanian Constitutional Court

    Directory of Open Access Journals (Sweden)

    Ravesa Nano

    2016-11-01

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

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

    Science.gov (United States)

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

    2012-01-01

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

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

    Science.gov (United States)

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

    2015-08-01

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

  4. Morphology and muscle gene expression in GIFT and Supreme Nile tilapia varieties reared in two cultivation systems.

    Science.gov (United States)

    Lima, E C S; Povh, J A; Otonel, R A A; Leonhardt, J H; Alfieri, A A; Headley, S A; Souza, F P; Poveda-Parra, A R; Furlan-Murari, P J; Lopera-Barrero, N M

    2017-03-16

    Tissue growth in most fishes occurs by muscular hyperplasia and hypertrophy, which are influenced by different regulatory factors, such as myostatin. The current study evaluated the influence of cultivation in hapas and earthen ponds on the diameter of white muscle fibers and on the myostatin (MSTN-1) gene in GIFT and Supreme varieties of tilapia. Fish of both varieties were reared for 204 days and then divided into four developmental stages. White muscle samples, corresponding to 100 fibers per slide, were collected from the middle region of fish of each variety and cultivation system, and were measured and divided into two classes representing hyperplasia and hypertrophy. Samples were subjected to real-time PCR to analyze gene expression. Hyperplasia decreased during the developing stages, coupled with increased hypertrophy. There was a higher rate of hypertrophy in fish raised in earthen ponds when compared to those raised in hapas, during juvenile and developing phases, and greater hypertrophic growth was observed in GIFT specimens when compared to Supreme specimens in earthen ponds. Since increased MSTN-1 gene expression was observed in GIFT specimens during the developing phase in pond cultivations, and in Supreme tilapia in hapas, MSTN-1 expression is related to greater hypertrophy. These results demonstrate the capacity for increased muscle growth in earthen pond cultivation in which the GIFT variety developed best. How the environment affects the growth of different tilapia varieties may be employed to optimize culture management and genetic improvement programs. Further investigations should aim to describe mechanisms affecting muscle growth and development.

  5. 22 CFR 19.6 - Court orders and divorce decrees.

    Science.gov (United States)

    2010-04-01

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

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

    Science.gov (United States)

    Maule, Linda S.; Schmid, Karen

    2006-01-01

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

  7. Psychotic Symptomatology in a Juvenile Court Clinic Population

    Science.gov (United States)

    Lewis, Dorothy Otnow; And Others

    1973-01-01

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

  8. HIV/STI Risk Behavior of Drug Court Participants

    Science.gov (United States)

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

    2012-01-01

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

  9. Establishing an effective dialog between courts and agencies

    NARCIS (Netherlands)

    Humphery-Jenner, Mark L.

    2013-01-01

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

  10. 20 CFR 405.515 - Application of circuit court law.

    Science.gov (United States)

    2010-04-01

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

  11. Court Culture during the Reign of Christian IV

    DEFF Research Database (Denmark)

    Olden-Jørgensen, Sebastian

    2007-01-01

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

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

    Science.gov (United States)

    Greenlaw, Paul S.; Swanson, Austin D.

    1994-01-01

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

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

    Science.gov (United States)

    United States Tennis Court & Track Builders Association.

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

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

    Science.gov (United States)

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

    2010-01-01

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

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

    Science.gov (United States)

    Stahl, Anne L.

    2006-01-01

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

  16. Questions of legal responsibility for Srebrenica before the Dutch courts

    NARCIS (Netherlands)

    Spijkers, Otto

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

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

    International Nuclear Information System (INIS)

    Sellner, D.

    1986-01-01

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

  18. 16 CFR 1.62 - Ancillary court orders pending review.

    Science.gov (United States)

    2010-01-01

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

  19. 22 CFR 19.6-2 - Qualifying court order.

    Science.gov (United States)

    2010-04-01

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

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

    African Journals Online (AJOL)

    eliasn

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

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

    Science.gov (United States)

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

    2006-01-01

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

  2. 28 ATTITUDE OF NIGERIAN COURTS TO THE ENFORCEMENT OF ...

    African Journals Online (AJOL)

    Fr. Ikenga

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

  3. 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...

  4. 16 CFR 1502.44 - Review by the courts.

    Science.gov (United States)

    2010-01-01

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

  5. 8 CFR 337.8 - Oath administered by the courts.

    Science.gov (United States)

    2010-01-01

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

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

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

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

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

    Science.gov (United States)

    Norris, Michael; Twill, Sarah; Kim, Chigon

    2011-01-01

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

  8. 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.

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

    DEFF Research Database (Denmark)

    Martinsen, Bodil

    2009-01-01

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

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

    Science.gov (United States)

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

    2013-01-01

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

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

    Science.gov (United States)

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

    2010-04-01

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

  12. The Constitutional Court and the Imperative of its Reform

    Directory of Open Access Journals (Sweden)

    Claudia Gilia

    2012-12-01

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

  13. Limits of verification by the Federal Constitutional Court

    International Nuclear Information System (INIS)

    Anon.

    1985-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Diones Gomes da Rocha

    2017-09-01

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

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

    NARCIS (Netherlands)

    Hoevenaars, J.

    2018-01-01

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

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

    NARCIS (Netherlands)

    Strootman, R.

    2007-01-01

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

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

    NARCIS (Netherlands)

    Gáspár-Szilágyi, S.

    2016-01-01

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

  18. 4M Overturned Pyramid (MOP Model Utilization: Case Studies on Collision in Indonesian and Japanese Maritime Traffic Systems (MTS

    Directory of Open Access Journals (Sweden)

    Wanginingastuti Mutmainnah

    2016-07-01

    Full Text Available 4M Overturned Pyramid (MOP model is a new model, proposed by authors, to characterized MTS which is adopting epidemiological model that determines causes of accidents, including not only active failures but also latent failures and barriers. This model is still being developed. One of utilization of MOP model is characterizing accidents in MTS, i.e. collision in Indonesia and Japan that is written in this paper. The aim of this paper is to show the characteristics of ship collision accidents that occur both in Indonesian and Japanese maritime traffic systems. There were 22 collision cases in 2008–2012 (8 cases in Indonesia and 14 cases in Japan. The characteristics presented in this paper show failure events at every stage of the three accident development stages (the beginning of an accident, the accident itself, and the evacuation process.

  19. The Canary Basin contribution to the seasonal cycle of the Atlantic Meridional Overturning Circulation at 26°N

    Science.gov (United States)

    Pérez-Hernández, M. D.; McCarthy, G. D.; Vélez-Belchí, P.; Smeed, D. A.; Fraile-Nuez, E.; Hernández-Guerra, A.

    2015-11-01

    This study examines the seasonal cycle of the Atlantic Meridional Overturning Circulation (AMOC) and its eastern boundary contributions. The cycle has a magnitude of 6 Sv, as measured by the RAPID/MOCHA/WBTS project array at 26°N, which is driven largely by the eastern boundary. The eastern boundary variations are explored in the context of the regional circulation around the Canary Islands. There is a 3 month lag between maximum wind forcing and the largest eastern boundary transports, which is explained in terms of a model for Rossby wave generated at the eastern boundary. Two dynamic processes take place through the Lanzarote Passage (LP) in fall: the recirculation of the Canary Current and the northward flow of the Intermediate Poleward Undercurrent. In contrast, during the remaining seasons the transport through the LP is southward due to the Canary Upwelling Current. These processes are linked to the seasonal cycle of the AMOC.

  20. Changes of deep Pacific overturning circulation and carbonate chemistry during middle Miocene East Antarctic ice sheet expansion

    Science.gov (United States)

    Ma, Xiaolin; Tian, Jun; Ma, Wentao; Li, Ke; Yu, Jimin

    2018-02-01

    East Antarctic ice sheet expansion (EAIE) at ∼13.9 Ma in the middle Miocene represents a major climatic event during the long-term Cenozoic cooling, but ocean circulation and carbon cycle changes during this event remain unclear. Here, we present new fish teeth isotope (εNd) and benthic foraminiferal B/Ca records from the South China Sea (SCS), newly integrated meridional Pacific benthic foraminiferal δ18O and δ13C records and simulated results from a biogeochemical box model to explore the responses of deep Pacific Ocean circulation and carbon cycle across EAIE. The εNd and meridional benthic δ13C records reveal a more isolated Pacific Deep Water (PDW) and a sluggish Pacific meridional overturning circulation during the post-EAIE with respect to the pre-EAIE owing to weakened southern-sourced deep water formation. The deep-water [CO23-] and calcium carbonate mass accumulation rate in the SCS display markedly similar increases followed by recoveries to the pre-EAIE level during EAIE, which were probably caused by a shelf-basin shift of CaCO3 deposition and strengthened weathering due to a sea level fall within EAIE. The model results show that the ∼1‰ positive δ13C excursion during EAIE could be attributed to increased weathering of high-δ13C shelf carbonates and a terrestrial carbon reservoir expansion. The drawdown of atmospheric CO2 over the middle Miocene were probably caused by combined effects of increased shelf carbonate weathering, expanded land biosphere carbon storage and a sluggish deep Pacific meridional overturning circulation.

  1. Evaluation of overturning capacity of low level radioactive waste drum during earthquake. Part 2. Investigation of drum weight distribution effect and drum columns interaction by numerical analysis

    International Nuclear Information System (INIS)

    Tochigi, Hitoshi

    2011-01-01

    Numerical analysis case study is carried out for three layered and four layered low level radioactive waste drums by numerical models based on the results of shaking table test. First of all, numerical analysis results about drums displacement due to uplift and sliding on pallets during earthquake are compared with the experimental results and it is shown good agreement in both results. By this analytical model effects of drum weight distribution along height direction and drum columns interaction followed by each other drum's collisions on overturning capacity during earthquake are researched. From numerical analysis results the limit acceleration which is minimum value of input acceleration at storage building floor when three layered or four layered waste drums overturn is researched. It is shown that overturning capacity during earthquake decline when height of gravity center of three layered and four layered drums get large. So it is available to get down height of gravity center by controlling drum weight distribution along height direction. And as effect of drum columns interaction it is indicated that overturning capacity of single column arrangement drums is larger than that of many columns arrangement drums because phase deference between drum columns occur and decrease vibration amplitude by each other collisions. (author)

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

    Science.gov (United States)

    Grosse, Claudia; Grosse, Alexandra

    2015-10-01

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

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

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Small Dan

    2012-07-01

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

  5. 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.

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

    African Journals Online (AJOL)

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

  7. The International Criminal Court and conflict transformation in Uganda

    African Journals Online (AJOL)

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

  8. Federal Court of Administration confirms preclusion of objections

    International Nuclear Information System (INIS)

    1982-01-01

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

  9. Guantanamo Detainees: Habeas Corpus Challenges in Federal Court

    National Research Council Canada - National Science Library

    Elsea, Jennifer K; Thomas, Kenneth

    2005-01-01

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

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

    African Journals Online (AJOL)

    MJM Venter

    2017-12-05

    Dec 5, 2017 ... about sentencing from its judgments during this time?2. 2 Overview of ... In short succession the Court declared unconstitutional the death penalty, in S v. Makwanyane,3 and corporal punishment for juvenile offenders, in S v.

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

    OpenAIRE

    Henham, R

    2001-01-01

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

  12. The International Criminal Court: Considerations for the Joint Force Commander

    National Research Council Canada - National Science Library

    Sutton, Michael

    2003-01-01

    An analysis of the issues and remedies a Joint Force Commander should be concerned about because of the relationship between the United States and the newly-created International Criminal Court (ICC...

  13. A Quiz on Recent Court Decisions Concerning Student Conduct.

    Science.gov (United States)

    Zirkel, Perry A.

    1980-01-01

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

  14. Shutdown of biogas plant by court ruling; Runterfahren

    Energy Technology Data Exchange (ETDEWEB)

    Bensmann, Martin; May, Hanne

    2009-04-15

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

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

    African Journals Online (AJOL)

    AbdiJA

    by framing its decisions in terms of treaty violations. ... The impact of the amendment was negative as it narrowed the jurisdiction of the. Court and provided a ...... Besides, there is no sufficient legal basis for making such references. Member.

  16. 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.

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

    African Journals Online (AJOL)

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

  18. Judicial Separation and Divorce in the Circuit Court

    OpenAIRE

    O'Shea, Roisin

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Lydia Terekhova

    2014-01-01

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

  20. 76 FR 12082 - U.S. Court of Appeals for the Armed Forces Proposed Rules Changes

    Science.gov (United States)

    2011-03-04

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

  1. 25 CFR 11.907 - Transfer to Court of Indian Offenses.

    Science.gov (United States)

    2010-04-01

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

  2. 77 FR 71687 - Federal Employees' Group Life Insurance Program: Court Orders Prior to July 22, 1998

    Science.gov (United States)

    2012-12-04

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

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

    National Research Council Canada - National Science Library

    2002-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Gemma Sala

    2014-12-01

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

  5. Sensitivity of North Atlantic subpolar gyre and overturning to stratification-dependent mixing: response to global warming

    Energy Technology Data Exchange (ETDEWEB)

    Marzeion, Ben [Massachusetts Institute of Technology, EAPS, Cambridge, MA (United States); Nansen Environmental and Remote Sensing Center and Bjerknes Centre for Climate Research, Bergen (Norway); University of Innsbruck, Tropical Glaciology Group, Institute of Geography, Innsbruck (Austria); Levermann, Anders [Potsdam University, Earth System Analysis, Potsdam Institute for Climate Impact Research and Institute of Physics, Potsdam (Germany); Mignot, Juliette [Universite Pierre et Marie Curie, LOCEAN, Paris (France)

    2010-04-15

    We use a reduced complexity climate model with a three-dimensional ocean component and realistic topography to investigate the effect of stratification-dependent mixing on the sensitivity of the North Atlantic subpolar gyre (SPG), and the Atlantic meridional overturning circulation (AMOC), to idealized CO{sub 2} increase and peaking scenarios. The vertical diffusivity of the ocean interior is parameterized as {kappa} {proportional_to} N {sup -{alpha}}, where N is the local buoyancy frequency. For all parameter values 0 {<=} {alpha} {<=} 3, we find the SPG, and subsequently the AMOC, to weaken in response to increasing CO{sub 2} concentrations. The weakening is significantly stronger for {alpha} {>=} {alpha}{sub cr} {approx} 1.5. Depending on the value of {alpha}, two separate model states develop. These states remain different after the CO{sub 2} concentration is stabilized, and in some cases even after the CO{sub 2} concentration has been decreased again to the pre-industrial level. This behaviour is explained by a positive feedback between stratification and mixing anomalies in the Nordic Seas, causing a persistent weakening of the SPG. (orig.)

  6. Links Between the Deep Western Boundary Current, Labrador Sea Water Formation and Export, and the Meridional Overturning Circulation

    Science.gov (United States)

    Myers, Paul G.; Kulan, Nilgun

    2010-05-01

    Based on an isopyncal analysis of historical data, 3-year overlapping triad fields of objectively analysed temperature and salinity are produced for the Labrador Sea, covering 1949-1999. These fields are then used to spectrally nudge an eddy-permitting ocean general circulation model of the sub-polar gyre, otherwise forced by inter annually varying surface forcing based upon the Coordinated Ocean Reference Experiment (CORE). High frequency output from the reanalysis is used to examine Labrador Sea Water formation and its export. A number of different apprpoaches are used to estimate Labrador Sea Water formation, including an instanteous kinematic approach to calculate the annual rate of water mass subduction at a given density range. Historical transports are computed along sections at 53 and 56N for several different water masses for comparison with recent observations, showing a decline in the stength of the deep western boundary current with time. The variability of the strength of the meridional overturning circulation (MOC) from the reanalysis is also examined in both depth and density space. Linkages between MOC variability and water mass formation variability is considered.

  7. How Robust Are the Surface Temperature Fingerprints of the Atlantic Overturning Meridional Circulation on Monthly Time Scales?

    Science.gov (United States)

    Alexander-Turner, R.; Ortega, P.; Robson, J. I.

    2018-04-01

    It has been suggested that changes in the Atlantic Meridional Overturning Circulation (AMOC) can drive sea surface temperature (SST) on monthly time scales (Duchez et al., 2016, https://doi.org/10.1002/2017GB005667). However, with only 11 years of continuous observations, the validity of this result over longer, or different, time periods is uncertain. In this study, we use a 120 yearlong control simulation from a high-resolution climate model to test the robustness of the AMOC fingerprints. The model reproduces the observed AMOC seasonal cycle and its variability, and the observed 5-month lagged AMOC-SST fingerprints derived from 11 years of data. However, the AMOC-SST fingerprints are very sensitive to the particular time period considered. In particular, both the Florida current and the upper mid-ocean transport produce highly inconsistent fingerprints when using time periods shorter than 30 years. Therefore, several decades of RAPID observations will be necessary to determine the real impact of the AMOC on SSTs at monthly time scales.

  8. Overturn of magma ocean ilmenite cumulate layer: Implications for lunar magmatic evolution and formation of a lunar core

    Science.gov (United States)

    Hess, P. C.; Parmentier, E. M.

    1993-01-01

    We explore a model for the chemical evolution of the lunar interior that explains the origin and evolution of lunar magmatism and possibly the existence of a lunar core. A magma ocean formed during accretion differentiates into the anorthositic crust and chemically stratified cumulate mantle. The cumulative mantle is gravitationally unstable with dense ilmenite cumulate layers overlying olivine-orthopyroxene cumulates with Fe/Mg that decreases with depth. The dense ilmenite layer sinks to the center of the moon forming the core. The remainder of the gravitationally unstable cumulate pile also overturns. Any remaining primitive lunar mantle rises to its level of neutral buoyancy in the cumulate pile. Perhaps melting of primitive lunar mantle due to this decompression results in early lunar Mg-rich magmatism. Because of its high concentration of incompatible heat producing elements, the ilmenite core heats the overlying orthopyroxene-bearing cumulates. As a conductively thickening thermal boundary layer becomes unstable, the resulting mantle plumes rise, decompress, and partially melt to generate the mare basalts. This model explains both the timing and chemical characteristics of lunar magmatism.

  9. CONFLICT BETWEEN LEGAL OPINIONS OF ECHR AND NATIONAL CONSTITUTIONAL COURTS

    Directory of Open Access Journals (Sweden)

    Yuliya Nadtochey

    2017-01-01

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

  10. Acknowledging Children’s Voice and Participation in Family Courts: Criteria that Guide Western Australian Court Consultants

    Directory of Open Access Journals (Sweden)

    Vicki Banham

    2017-09-01

    Full Text Available The Australian family courts introduced Child Inclusive Conferencing after the country adopted the United Nations Convention on the Rights of the Child. The legislation governing these conferences is minimalistic but the Family Court Consultants in the Family Court of Australia and the Federal Circuit Court have well-developed and documented guidelines. The Family Court of Western Australia is, however, a separate entity and in the absence of regulatory guidelines its Family Consultants developed their own process and criteria. This model is unique, in Australia at least, because it has been organically developed by the practitioners providing the Child Inclusive Conferences with very little, if any, statutory and regulatory guidance. This model therefore serves as an example of how practitioners think child inclusive services should be offered. The model is, however, not documented and the aim of this study was to understand and document Family Consultants’ decision making regarding if and when they will conduct a Child Inclusive Conference in the Family Court of Western Australia. Ten Family Consultants were interviewed using semi-structured interviews. A thematic analysis was conducted on the transcripts of the interviews identifying 12 themes. Overall the data suggested that Family Consultants take into account a range of criteria and although they were very cognisant of the importance for the child to be engaged in decision making they noted specific challenges regarding how they could use Child Inclusive Conferencing to do this. These findings provide a basis for the development of regulations that ensure that Child Inclusive Conferences are used optimally to improve the inclusion of children in the family court procedures in Western Australia and potentially elsewhere. Further research is, however, necessary before such regulations can be finalised.

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

    International Nuclear Information System (INIS)

    Anon.

    1984-01-01

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

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

    Science.gov (United States)

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

    2017-06-01

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

  13. Court Appointed Volunteers for Abused and Neglected Children.

    Science.gov (United States)

    Justin, Renate G.

    2002-02-01

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

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

    Directory of Open Access Journals (Sweden)

    Morgana Paiva Valim

    2015-12-01

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

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

    CERN Document Server

    2013-01-01

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

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

    DEFF Research Database (Denmark)

    Siennicka, Malgorzata

    2015-01-01

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

  17. The role of meltwater-induced subsurface ocean warming in regulating the Atlantic meridional overturning in glacial climate simulations

    Energy Technology Data Exchange (ETDEWEB)

    Brady, Esther C.; Otto-Bliesner, Bette L. [National Center for Atmospheric Research, Boulder, CO (United States)

    2011-10-15

    The Community Climate System Model version 3, (CCSM3) is used to investigate the effect of the high latitude North Atlantic subsurface ocean temperature response in idealized freshwater hosing experiments on the strength of the Atlantic meridional overturning circulation (AMOC). The hosing experiments covered a range of input magnitudes at two locations in a glacial background state. Subsurface subpolar ocean warms when freshwater is added to the high latitude North Atlantic (NATL cases) and weakly cools when freshwater is added to the Gulf of Mexico (GOM cases). All cases show subsurface ocean warming in the Southern Hemisphere (SH). The sensitivity of the AMOC response to the location and magnitude of hosing is related to the induced subsurface temperature response, which affects the magnitude of the large-scale meridional pressure gradient at depth through the effect on upper ocean density. The high latitude subsurface warming induced in the NATL cases lowers the upper ocean density in the deepwater formation region enhancing a density reduction by local freshening. In the GOM cases the effect of SH warming partially offsets the effect of the high latitude freshening on the meridional density gradient. Following the end of hosing, a brief convective event occurs in the largest NATL cases which flushes some of the heat stored in the subsurface layers. This fuels a rapid rise in AMOC that lasts less than a couple of decades before subsequent freshening from increases in precipitation and sea ice melt reverses the initial increase in the meridional density gradient. Thereafter AMOC recovery slows to the rate found in comparable GOM cases. The result for these glacial transient hosing experiments is that the pace of the longer recovery is not sensitive to location of the imposed freshwater forcing. (orig.)

  18. Fueling export production: nutrient return pathways from the deep ocean and their dependence on the Meridional Overturning Circulation

    Science.gov (United States)

    Palter, J. B.; Sarmiento, J. L.; Gnanadesikan, A.; Simeon, J.; Slater, R. D.

    2010-11-01

    In the Southern Ocean, mixing and upwelling in the presence of heat and freshwater surface fluxes transform subpycnocline water to lighter densities as part of the upward branch of the Meridional Overturning Circulation (MOC). One hypothesized impact of this transformation is the restoration of nutrients to the global pycnocline, without which biological productivity at low latitudes would be significantly reduced. Here we use a novel set of modeling experiments to explore the causes and consequences of the Southern Ocean nutrient return pathway. Specifically, we quantify the contribution to global productivity of nutrients that rise from the ocean interior in the Southern Ocean, the northern high latitudes, and by mixing across the low latitude pycnocline. In addition, we evaluate how the strength of the Southern Ocean winds and the parameterizations of subgridscale processes change the dominant nutrient return pathways in the ocean. Our results suggest that nutrients upwelled from the deep ocean in the Antarctic Circumpolar Current and subducted in Subantartic Mode Water support between 33 and 75% of global export production between 30° S and 30° N. The high end of this range results from an ocean model in which the MOC is driven primarily by wind-induced Southern Ocean upwelling, a configuration favored due to its fidelity to tracer data, while the low end results from an MOC driven by high diapycnal diffusivity in the pycnocline. In all models, nutrients exported in the SAMW layer are utilized and converted rapidly (in less than 40 years) to remineralized nutrients, explaining previous modeling results that showed little influence of the drawdown of SAMW surface nutrients on atmospheric carbon concentrations.

  19. Fueling export production: nutrient return pathways from the deep ocean and their dependence on the Meridional Overturning Circulation

    Directory of Open Access Journals (Sweden)

    J. B. Palter

    2010-11-01

    Full Text Available In the Southern Ocean, mixing and upwelling in the presence of heat and freshwater surface fluxes transform subpycnocline water to lighter densities as part of the upward branch of the Meridional Overturning Circulation (MOC. One hypothesized impact of this transformation is the restoration of nutrients to the global pycnocline, without which biological productivity at low latitudes would be significantly reduced. Here we use a novel set of modeling experiments to explore the causes and consequences of the Southern Ocean nutrient return pathway. Specifically, we quantify the contribution to global productivity of nutrients that rise from the ocean interior in the Southern Ocean, the northern high latitudes, and by mixing across the low latitude pycnocline. In addition, we evaluate how the strength of the Southern Ocean winds and the parameterizations of subgridscale processes change the dominant nutrient return pathways in the ocean. Our results suggest that nutrients upwelled from the deep ocean in the Antarctic Circumpolar Current and subducted in Subantartic Mode Water support between 33 and 75% of global export production between 30° S and 30° N. The high end of this range results from an ocean model in which the MOC is driven primarily by wind-induced Southern Ocean upwelling, a configuration favored due to its fidelity to tracer data, while the low end results from an MOC driven by high diapycnal diffusivity in the pycnocline. In all models, nutrients exported in the SAMW layer are utilized and converted rapidly (in less than 40 years to remineralized nutrients, explaining previous modeling results that showed little influence of the drawdown of SAMW surface nutrients on atmospheric carbon concentrations.

  20. Fueling primary productivity: nutrient return pathways from the deep ocean and their dependence on the Meridional Overturning Circulation

    Science.gov (United States)

    Palter, J. B.; Sarmiento, J. L.; Gnanadesikan, A.; Simeon, J.; Slater, D.

    2010-06-01

    In the Southern Ocean, mixing and upwelling in the presence of heat and freshwater surface fluxes transform subpycnocline water to lighter densities as part of the upward branch of the Meridional Overturning Circulation (MOC). One hypothesized impact of this transformation is the restoration of nutrients to the global pycnocline, without which biological productivity at low latitudes would be catastrophically reduced. Here we use a novel set of modeling experiments to explore the causes and consequences of the Southern Ocean nutrient return pathway. Specifically, we quantify the contribution to global productivity of nutrients that rise from the ocean interior in the Southern Ocean, the northern high latitudes, and by mixing across the low latitude pycnocline. In addition, we evaluate how the strength of the Southern Ocean winds and the parameterizations of subgridscale processes change the dominant nutrient return pathways in the ocean. Our results suggest that nutrients upwelled from the deep ocean in the Antarctic Circumpolar Current and subducted in Subantartic Mode Water support between 33 and 75% of global primary productivity between 30° S and 30° N. The high end of this range results from an ocean model in which the MOC is driven primarily by wind-induced Southern Ocean upwelling, a configuration favored due to its fidelity to tracer data, while the low end results from an MOC driven by high diapycnal diffusivity in the pycnocline. In all models, the high preformed nutrients subducted in the SAMW layer are converted rapidly (in less than 40 years) to remineralized nutrients, explaining previous modeling results that showed little influence of the drawdown of SAMW surface nutrients on atmospheric carbon concentrations.