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

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.

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)

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...

Speaking American: Comparing Supreme Court and Hollywood Racial Interpretation in the Early Twenty-First Century

Science.gov (United States)

Hawkins, Paul Henry

2010-01-01

Apprehending that race is social, not biological, this study examines U.S. racial formation in the early twenty-first century. In particular, Hollywood and Supreme Court texts are analyzed as media for gathering, shaping and transmitting racial ideas. Representing Hollywood, the 2004 film "Crash" is analyzed. Representing the Supreme Court, the…

Comparative Supreme Justice

Directory of Open Access Journals (Sweden)

Ditlev Tamm

2011-12-01

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

Two Important Supreme Court Decisions Extending Gay Rights and Their Significance

DEFF Research Database (Denmark)

Ashbee, Edward

2013-01-01

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

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

OpenAIRE

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

2011-01-01

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

So You Want to Become a Supreme Court Justice?

Science.gov (United States)

Nicholanco, Edward

1989-01-01

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

Text Mining of Supreme Administrative Court Jurisdictions

OpenAIRE

Feinerer, Ingo; Hornik, Kurt

2007-01-01

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

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…

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.

Dignity and the death penalty in the United States Supreme Court

OpenAIRE

Malkani, Bharat

2016-01-01

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

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

NARCIS (Netherlands)

A.C.W. Pijls (Arnoud)

2011-01-01

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

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

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...

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…

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...

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

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.

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.

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

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…

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.

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.

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

Science.gov (United States)

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

2010-01-01

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

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

Directory of Open Access Journals (Sweden)

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

2012-11-01

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

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

Science.gov (United States)

Hale, F. Dennis

1979-01-01

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

The Institutional Strategy of Brazilian Supreme Court on the Legislative Process

Directory of Open Access Journals (Sweden)

Fernando Bentes Bentes

2016-12-01

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

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

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Hjalmar Punla Hernandez

2017-09-01

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

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

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.…

"Forest Grove School District v. T.A." Supreme Court Case: Implications for School Psychology Practice

Science.gov (United States)

Dixon, Shauna G.; Eusebio, Eleazar C.; Turton, William J.; Wright, Peter W. D.; Hale, James B.

2011-01-01

The 2009 "Forest Grove School District v. T.A." United States Supreme Court case could have significant implications for school psychology practice. The Court ruled that the parents of a student with a disability were entitled to private school tuition reimbursement even though T.A. had not been identified with a disability or previously…

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

Science.gov (United States)

Ferguson, Christopher J.

2013-01-01

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

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.

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.

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

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.

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.

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.

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

International Nuclear Information System (INIS)

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

1983-01-01

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

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

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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.

Animal rights and environmemntal rights in Brazilian Supreme Court

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Fernando Cesar Costa Xavier

2018-01-01

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

The 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,…

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

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

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Roger Guimerà

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

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

Science.gov (United States)

Bergel, Salvador Darío

2010-01-01

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

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

Science.gov (United States)

Parmet, Wendy E

2016-12-01

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

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

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…

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

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Deonandan R

2011-11-01

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

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

Science.gov (United States)

Quill and Scroll, 1988

1988-01-01

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

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…

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

Science.gov (United States)

Shaw, Brian C.; Hyde, W. Brent

1998-01-01

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

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

Science.gov (United States)

Lipschultz, Jeremy Harris

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

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…

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.

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.

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

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Kevin G. Welner

2000-07-01

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

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.

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

Forecasting the Senate vote on the Supreme Court vacancy

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Scott J. Basinger

2016-07-01

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

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

Science.gov (United States)

Bickford, Rebekah S.

2010-01-01

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

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

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Zebulum J. C.

2017-02-01

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

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

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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

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

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Luciano Da Ros

2010-06-01

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

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.

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…

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.

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

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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.

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

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

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F.L. Ted Morton

2015-04-01

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

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

Science.gov (United States)

Saleh, Matthew

2011-01-01

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

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

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Peter Sankoff

2012-10-01

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

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

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Elaine Mak

2012-05-01

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

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

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Guilherme Gonçalves Alcântara

2017-03-01

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

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)

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

Science.gov (United States)

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

2015-01-01

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

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

Science.gov (United States)

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

2014-10-01

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

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)

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.

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...

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.

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...

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

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...

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

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Ernani Carvalho

2013-03-01

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

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

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Anna Cristina de Carvalho Rettore

2016-10-01

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

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

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Carolina Carneiro Lima

2015-12-01

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

International Justice through Domestic Courts:

DEFF Research Database (Denmark)

Tang, Yi Shin

2015-01-01

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

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

Science.gov (United States)

Carcasson, Martin; Aune, James Arnt

2003-01-01

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

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

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Lívia Dias Barros

2016-12-01

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

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

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Mery Chalfun

2016-12-01

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

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

Energy Technology Data Exchange (ETDEWEB)

Reis, Marcio Monteiro

2008-07-01

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

Supreme 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

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

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Augusto Jobim do Amaral

2017-10-01

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

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.

GREAT BRITAIN AND GERMANY SUPREME AUDIT INSTITUTIONS

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Dobre Cornelia

2012-07-01

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

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...

Supreme matters: tea parties and the activism of restraint

NARCIS (Netherlands)

Kurzbauer, H.

2010-01-01

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

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

Science.gov (United States)

Cozac, David

2009-12-01

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

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

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Javier Chinchón Álvarez

2014-10-01

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

The constitutional court review of judicial decisions

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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

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

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Richard Davis

2014-10-01

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

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

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Oona de Oliveira Cajú

2017-04-01

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

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

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Diego Werneck Arguelhes

2016-07-01

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

Review of Administrative Justice in the Republic of Kosovo

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Islam Pepaj

2015-07-01

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

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

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Marcos Paulo Verissimo

2008-12-01

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

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

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Aasim Hakim Abbas Al-Jubouri عاصم حاكم عباس الجبوري

2017-01-01

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

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

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Debora Diniz

2008-08-01

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

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

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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.

The Camera Comes to Court.

Science.gov (United States)

Floren, Leola

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

16 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...

K-12 Implications Seen in Some Cases before High Court

Science.gov (United States)

Walsh, Mark

2010-01-01

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

The Legal Investigation Peculiarities in RF Constitutional Court

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Natal'ya V. Lebedeva

2012-11-01

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

FINALITY OF INDONESIAN CONSTITUTIONAL COURT DECISION IN REGARD TO JUDICIAL REVIEW

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Suwarno Abadi

2016-05-01

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

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

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

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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.

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

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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

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

Science.gov (United States)

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

1994-01-01

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

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

National Research Council Canada - National Science Library

Baldrate, Brian C

2005-01-01

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

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

Science.gov (United States)

Cesarino, Letícia; Luna, Naara

2011-04-01

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

How do the Constitutional Courts decide?

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Pasquale Pasquino

2016-12-01

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

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

DEFF Research Database (Denmark)

Bergqvist, Christian; Christensen, Laurits Peder Schmidt

2015-01-01

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

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

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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.

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...

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.

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

Science.gov (United States)

Pereira, Daniel J; Kunin, Stephen G

2014-12-04

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

Challenging Sex Discrimination Through the Courts: Maternity Leave Policies.

Science.gov (United States)

Pottker, Janice

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

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…

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

Science.gov (United States)

Chilton, Bradley; Chwialkowski, Paul

2014-01-01

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

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

DEFF Research Database (Denmark)

Butler, Graham

2015-01-01

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

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

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Thaminne Nathalia Cabral Moraes e Silva

2016-12-01

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

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

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David Abdalla Pires Leal

2016-12-01

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

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

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Marciano Seabra de Godoi

2016-07-01

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

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.

State court rejects estoppel in job accommodation case.

Science.gov (United States)

1997-07-25

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

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

Science.gov (United States)

Fields, Cheryl M.

1987-01-01

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

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…

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

Science.gov (United States)

Summers, Beth A.

2013-01-01

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

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

African Journals Online (AJOL)

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

The Role of Courts in Shaping Health Equity.

Science.gov (United States)

Hall, Mark A

2017-10-01

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

High Court Case Could Rein in Private Placements under IDEA

Science.gov (United States)

Walsh, Mark

2007-01-01

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

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

Directory of Open Access Journals (Sweden)

David Delgado Ramos

2017-07-01

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

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

NARCIS (Netherlands)

Holvast, N.L.

2014-01-01

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

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

Science.gov (United States)

O'Connor, Karen

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

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

Directory of Open Access Journals (Sweden)

Marko Radenović

2005-01-01

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

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.

KEWENANGAN HAK UJI MATERIL PADA MAHKAMAH AGUNG RI

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Enrico Simanjuntak

2013-11-01

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

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…

Reviewing the National Courts in Creating Orderly International Law and Community

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Johanis Leatemia

2017-08-01

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

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.

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

The Relevance of Criminal Courts in the Global South

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Pablo Leandro Ciocchini

2017-12-01

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

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

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Marius ANDREESCU

2014-05-01

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

Judges as Fiscal Activists: Can Constitutional Review Shape Public Finance?

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Kantorowicz Jarosław

2014-07-01

Full Text Available The judicialization of politics, or alternatively, politization of the judiciary has been much discussed over the last twenty years. Despite this, the way judges influence fiscal policy outcomes remains, to a large extent, unexplored. This paper attempts, at least partially, to fill this research gap. A judicial (constitutional review constitutes the central element of the current analysis since it is considered as a key institutional device through which Constitutional (Supreme Courts intervene in politics, including public finance. Specifically, this paper seeks to investigate empirically whether there is any systematic pattern according to which judges executing judicial review shape fiscal outcomes. The conceptual framework is based on the strategic interaction model and the assumption that the Constitutional Courts reflect public opinion (i.e. the Court as a majoritarian institution. Some preliminary results for a panel of 24 EU countries in the period 1995–2005 suggest that a strong judicial review correlates with a smaller size of government, measured as government income to GDP.

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

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Leonel Cesarino Pessôa

2009-06-01

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

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

OpenAIRE

Breakey, Peter

2013-01-01

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

A case law review of the individuals with disabilities education act for children with hearing loss or auditory processing disorders.

Science.gov (United States)

Kreisman, Brian M; John, Andrew B

2010-01-01

In 1975, Congress passed the Education for All Handicapped Children Act (Public Law 94-142), and it has been revised and modified several times. At the time of this writing, this law was most recently amended by the Individuals with Disabilities Education Improvement Act (Pub. L. No. 108-446, 118 Stat. 2647, December 3, 2004), which took effect on July 1, 2005. Colloquially the law is still referred to as the Individuals with Disabilities Education Act (IDEA). Children with hearing loss or auditory processing disorder (APD) may qualify for services under IDEA. However, a review of the literature found no review of case law for such children. This article provides a comprehensive review of case law involving the IDEA and children with hearing loss or APD from the U.S. Supreme Court and U.S. courts of appeals. We conducted a systematic review of case law. A LexisNexis search for cases involving IDEA and children with hearing loss or APDs was conducted. For the purpose of the present case review, all appellate decisions (cases accepted by the U.S. courts of appeals or the U.S. Supreme Court) were included if they found that the child had hearing loss or APD, regardless of the reason for the appeal under IDEA. In the instance of multiple cases that involved the same two parties, these cases are summarized together to provide the legal context. Brief explanations of IDEA and the federal judicial process as it pertains to IDEA disputes are presented. Following these explanations, a chronological review of IDEA appellate cases concerning students with hearing loss or APD is provided. The IDEA cases reviewed focus on three main issues: placement of the child, methodology of teaching, and the provision of services. This case law review provides a helpful summary of higher court cases for educational audiologists and parents of children with hearing loss or APDs, as well as educators, individualized education program team members, school administrators, and legal

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)

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.

Tuition reimbursement for special education students.

Science.gov (United States)

Zirkel, P A

1997-01-01

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

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

This year the government aggressively pursued Manufacturers under the enhanced provisions of the False Claims Act (FCA), as well as under the provisions of the Food, Drug and Cosmetics Act (FDCA). In addition, the government pursued actions against individual executives under the Responsible Corporate Officer Doctrine ("RCO Doctrine") because it does not believe sanctions against the companies provide sufficient deterrence to inappropriate behavior. Companies need to focus on implementing effective compliance programs in order to prevent the occurrence of allegedly improper activity. It should be noted that the existence of an effective program will not protect executives from liability under the RCO Doctrine if improper behavior takes place. The Food and Drug Administration's (FDA's) has undertaken a number of initiatives during the past year in an attempt to counter claims that its review processes for domestic products is driving the development of drugs and devices to overseas markets. The Agency also has improved its capacity to review products imported from overseas by undertaking initiatives with foreign agencies and stationing more FDA employees in foreign countries. The FDA increased the number of warning letters and other enforcement actions. The FDA added two new topics of enhanced authority during the year. One was an expansion of its regulatory authority over foods, and the second was new authority to regulate certain tobacco products. The former is being subjected to some review by the courts, and the scope of its authority over tobacco is the subject of ongoing major litigation. The Federal Trade Commission (FTC) and Securities and Exchange Commission (SEC) are unlikely to experience significant change regarding their regulation of Manufacturers. The FTC, as it has for many years, continues to try to prevent "reverse" payments to generic drug manufacturers by Innovator Manufacturers to diminish generic drug competition, and proposed legislation is

Atypical Rulings of the Indonesian Constitutional Court

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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.

Balancing Liberty and Equality: Justice Kennedy's Decisive Vote in "Fisher v. University of Texas," Part II

Science.gov (United States)

Garces, Liliana M.

2015-01-01

For the second time in three years, the Supreme Court is reviewing the constitutionality of a race-conscious admissions policy at the University of Texas, Austin. While the case, "Fisher v. University of Texas," raises questions specific to UT Austin, the Court's second review could change the ways higher education institutions across…

Censorship and the Media.

Science.gov (United States)

Rohrer, Daniel Morgan

This review of current legal practices with respect to censorship in the areas of obscenity and pornography contains a history of anti-obscenity legislation; a review of the efforts of the United States Supreme Court and lower courts to define obscenity; a discussion of publisher Larry Flynt's battle against the "community standards"…

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…

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

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Aníbal Pérez-Liñán

2009-07-01

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

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

Science.gov (United States)

Colwell, William Bradley

1998-01-01

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

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

Science.gov (United States)

Appelbaum, Paul S

2015-07-01

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

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

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

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.…

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...

[Recent case law about the right to die].

Science.gov (United States)

Bascuñán R, Antonio

2016-04-01

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

42 CFR 8.34 - Court review of final administrative action; exhaustion of administrative remedies.

Science.gov (United States)

2010-10-01

... HEALTH AND HUMAN SERVICES GENERAL PROVISIONS CERTIFICATION OF OPIOID TREATMENT PROGRAMS Procedures for... Withdrawal of Approval of an Accreditation Body § 8.34 Court review of final administrative action...

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.

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.

Corporal Punishment in American Public Schools and the Rights of the Child.

Science.gov (United States)

Roy, Lynn

2001-01-01

After reviewing the history of corporal punishment in schools, author discusses "Ingraham v. Wright," wherein the U.S. Supreme Court found that the use of corporal punishment in schools was not unconstitutional. Calls for the federal courts to ensure that a student's 14th Amendment liberty interest is protected when subjected to…

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...

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

OpenAIRE

Manoharan, Govind

2018-01-01

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

Revisión, trascendencia constitucional y memoria histórica = Appeal by review, constitutional relevance and historical memory

Directory of Open Access Journals (Sweden)

Sabela Oubiña Barbolla

2014-01-01

Full Text Available La posibilidad de revisar y, en su caso, declarar la nulidad de las sentencias del franquismo ha sido y, continua siendo, una cuestión muy controvertida política, doctrinal y también jurisprudencialmente. Este trabajo analiza con ojos críticos el criterio mantenido recientemente por el Tribunal Supremo en esta materia al denegar la autorización para la interposición del recurso de revisión basándose en la supuesta carencia de objeto del recurso porque cuando la Ley de Memoria Histórica declara la injusticia e ilegitimidad de dichas condenas las priva de eficacia jurídica. Una respuesta que, como se explicará en las siguientes páginas, vulnera el derecho a la tutela judicial efectiva en dos de sus dimensiones concretas: el derecho de acceso al proceso y, el derecho a un resolución fundada en derecho; pero que afecta también indirectamente al derecho a la presunción de inocencia. Una forma gráfica de presentar esta crítica es exponiéndola a través de un caso concreto; el de una víctima paradigmática del franquismo, el poeta Miguel Hernández y su familia a quienes inexplicablemente ambos tribunales les hayan cerrado las puertas. Appeal by review (revisión against judgment, that has already gained res judicata, is an extraordinary remedy based upon reasons of Justice. When this appeal by review is used for the annulment of judgments of Franco dictatorship, this well known statement had been in the past, and has been nowadays, a very controversial issue politically, doctrinally and jurisprudentially. This critical paper analyses the Spanish Supreme Court’s opinion uphold in this matter to deny the previous authorisation, which is requiered for filing the petition of the appeal by review. The Supreme Court based its decision on a alleged lack of purpose for this review procedure because when the Historical Memory Law declares injustice and illegitimacy of those sentences, this Law deprives them also of their legal effect. This

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

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Aditya Wisnu Mulyadi

2015-07-01

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

Disclosure of Federal Acquisition Records.

Science.gov (United States)

1981-05-24

Parties. .. .. .. . ... .. ....... 170 Collateral Estoppel . .. ......... .. ... ...... 171 Basis for Relief and Scope ofReview .. .. .. ..... 1741Burden of...grounds to a decision by a co-ordinate court with which he disagreed is unworthy of comment. 𔄁 3 (2) Collateral estoppel --"If the FOIA applicant has...documents.ś 3 7 The Supreme Court did not discuss stare decisis, or collateral 1 estoppel , or comity, as had the D,C. Circuit Court of Appeals; instead

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,

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

Science.gov (United States)

Cherry, Mark J

2013-06-01

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

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

Science.gov (United States)

2010-01-01

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

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

Science.gov (United States)

2010-01-01

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

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

Science.gov (United States)

Bosco, Dario; Zappalà, Angelo; Santtila, Pekka

2010-01-01

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

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

International Nuclear Information System (INIS)

Anon.

1980-01-01

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

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

CERN Multimedia

Jean-Claude Gadmer

2012-01-01

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

School Law.

Science.gov (United States)

Splitt, David A.

1986-01-01

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

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

Directory of Open Access Journals (Sweden)

Vera Karam de Chueiri

2009-06-01

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

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.)

[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.

Judicial Review--How Judges Decide.

Science.gov (United States)

Update on Law-Related Education, 1990

1990-01-01

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

Student Rights Still Strong.

Science.gov (United States)

Adams, Julian

1983-01-01

Briefly reviews the development of freedom of student expression, including the 1969 "Tinker v. Des Moines" Supreme Court decision, and discusses the standards concerning educational disruption that have been developed since then. (AEA)

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

Directory of Open Access Journals (Sweden)

Agus Budi Susilo

2016-07-01

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

ECHR and national constitutional courts

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Nastić Maja

2015-01-01

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

Settlement of Tax Disputes in the Russian Federation and Germany

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Anastasiya Alexandrovna Konyukhova

2015-01-01

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

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

Directory of Open Access Journals (Sweden)

Michael Eburn

2013-12-01

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

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

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...

Argumentation in Miranda v. Arizona.

Science.gov (United States)

Benoit, William L.

1991-01-01

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

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

Science.gov (United States)

Hammel, Alice M.

2018-01-01

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

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

Directory of Open Access Journals (Sweden)

Helga Baitenmann

2017-04-01

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

Recent developments in the health care area.

Science.gov (United States)

Harper, T D; Berg, R N

1980-09-01

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

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

Science.gov (United States)

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

2014-11-01

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

The Constitutional Court and the Imperative of its Reform

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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.

Sexual Exploitation of Children and Youth. Human Resources Series.

Science.gov (United States)

Friend, Shelley A.

1983-01-01

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

The application of the Olmstead decision on housing and eldercare.

Science.gov (United States)

Palley, Elizabeth; Rozario, Philip A

2007-01-01

This article reviews the Supreme Court's interpretation of Title II of the Americans with Disabilities Act (ADA) and discusses its application for the frail older person. The parallels and differences between the societal ideas about, and the development of, community-based housing programs for younger populations of people with disabilities and for aging populations will be examined. This article explains how frail older people may be included in the ADA's definition of persons with disabilities. It then explains the Supreme Court's interpretation of discrimination in Olmstead v. L.C. ex rel Zimring (1999). Lastly, it examines the implications of the Olmstead decision for long-term care as it relates to housing for older people.

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.

Vonis Mati Bandar Dan Pengedar Narkoba Antara Putusan Mk Dan Sema (Perspektif Hukum Pidana Islam)

OpenAIRE

Irfan, M Nurul

2014-01-01

: The Dead Penalty for the Drug Dealers in the Constitutional Court and the Sema (an Islamic Criminal Law Perspective). The death sentence set by the Supreme Court for the agents and drug dealers has attracted attention of criminal law experts. Constitutional Court Decision No. 34 / PUU-X /2013 which annuls Article 268 paragraph (3) Criminal Procedure Code-stating that the submission PK (judicial review) can only be done once- has open a chance that the PK can be submitted more than once. Thi...

Deference to the attorney general? The probability of success of the AG on the direct actions of unconstitutionality

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Ivar Alberto Martins Hartmann

2016-01-01

Full Text Available The Brazilian equivalent of the Attorney General, as a brief historical analysis shows, plays an essential role in concentrated constitutional review. However, empirical studies of its performance remain scarce. Our goal is to test the AGs track record in Direct Actions of Unconstitutionality (ADIs at the Brazilian Supreme Court. We use a data set obtained from the Supreme Court in Numbers project’s database in order to run regressions with different models. The hypothesis we tested is that there is no statistically significant relationship between the performance of the AG as plaintiff in concentrated constitutional review and the outcome of the cases. This hypothesis was found to be disproved:  ADIs started by the AG, as well as those proposed by representatives of the Executive branch, have, in fact, greater statistical probability of success.

77 FR 69916 - SJI Board of Directors Meeting; Notice

Science.gov (United States)

2012-11-21

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

20 CFR 405.510 - Claims remanded by a Federal court.

Science.gov (United States)

2010-04-01

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

Constitutional Court's Review and the Future of Water Law in Indonesia

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Mohamad Mova Al'Afghani

2006-06-01

Full Text Available Enactment of the Water Law in Indonesia has arises public debate. The Judicial Review of the Law by the Constitutional added to this controversy as it puts the legality of the water regime in Indonesia in a "twilight zone". This article explained the historical background of the water regime in Indonesia and its development, analyze the position of water rights and human rights to water under Indonesian Constitution, elaborates the key provisions of Indonesian water law, elaborate water law's judicial review by the Constitutional Court, analyzes the legal consequences of the review and recommend the government on the parts of the law that needs to be amended or modified. The author also discusses several important issues that needs to be weighed by governments when creating the water law's implementing regulation, including regulating several standard contract provisions between government and water investors.

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

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Sri Sutatiek

2014-04-01

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

INKONSISTENSI PUTUSAN MAHKAMAH AGUNG DALAM MEMBATALKAN PUTUSAN ARBITRASE

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Yeni Widowaty

2017-03-01

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

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

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Gemma Sala

2014-12-01

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

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

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Thiago Luís Santos Sombra

2016-08-01

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

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...

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.

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

Directory of Open Access Journals (Sweden)

Wayne Stewart Martin

2014-12-01

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

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

Directory of Open Access Journals (Sweden)

Sara R. Benson

2018-02-01

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

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

Directory of Open Access Journals (Sweden)

Jacob M. Nolan

2017-09-01

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

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

Educational Adequacy Litigation in the American South: 1973-2009

Science.gov (United States)

Dishman, Mike; Redish, Traci

2010-01-01

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

The Different Functions of Speech in Defamation and Privacy Cases.

Science.gov (United States)

Kebbel, Gary

1984-01-01

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

Peer Assessment and Compliance Review (PACR) Innovative Strategies Report. California Court Appointed Special Advocates (CASA) Programs

Science.gov (United States)

Macro, Bronwen; Huang, Lee Ann

2005-01-01

This report focuses on the innovative strategies study component of the Peer Assessment and Compliance Review (PACR) project. California (Court Appointed Special Advocates) CASA programs have developed many innovative strategies to serve children in their communities. At each of the programs visited during the PACR project, the team identified at…

Permitting product liability litigation for FDA-approved drugs and devices promotes patient safety.

Science.gov (United States)

Kesselheim, A S

2010-06-01

In 2008 and 2009, the Supreme Court reviewed the question of whether patients injured by dangerous prescription drugs or medical devices can bring tort lawsuits against pharmaceutical and device manufacturers. The Court ruled that claims against device manufacturers were preempted while claims against pharmaceutical manufacturers were not. The threat of product liability lawsuits promotes patient safety by encouraging manufacturers to take greater responsibility in providing clear warnings about known adverse effects of their products.

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

Science.gov (United States)

Rosen, Philip

1990-01-01

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

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

Science.gov (United States)

Education Law Center, 2005

2005-01-01

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

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

Science.gov (United States)

1998-03-20

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

Clinical peer review in the United States: history, legal development and subsequent abuse.

Science.gov (United States)

Vyas, Dinesh; Hozain, Ahmed E

2014-06-07

The Joint Commission on Accreditation requires hospitals to conduct peer review to retain accreditation. Despite the intended purpose of improving quality medical care, the peer review process has suffered several setbacks throughout its tenure. In the 1980s, abuse of peer review for personal economic interest led to a highly publicized multimillion-dollar verdict by the United States Supreme Court against the perpetrating physicians and hospital. The verdict led to decreased physician participation for fear of possible litigation. Believing that peer review was critical to quality medical care, Congress subsequently enacted the Health Care Quality Improvement Act (HCQIA) granting comprehensive legal immunity for peer reviewers to increase participation. While serving its intended goal, HCQIA has also granted peer reviewers significant immunity likely emboldening abuses resulting in Sham Peer Reviews. While legal reform of HCQIA is necessary to reduce sham peer reviews, further measures including the need for standardization of the peer review process alongside external organizational monitoring are critical to improving peer review and reducing the prevalence of sham peer reviews.

Death Penalty in America.

Science.gov (United States)

Clifford, Amie L.

1997-01-01

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

Understanding Federalism.

Science.gov (United States)

Hickok, Eugene W., Jr.

1990-01-01

Urges returning to the original federalist debates to understand contemporary federalism. Reviews "The Federalist Papers," how federalism has evolved, and the centralization of the national government through acts of Congress and Supreme Court decisions. Recommends teaching about federalism as part of teaching about U.S. government…

Developments in Indian Law from September 1, 1978 through August 31, 1979.

Science.gov (United States)

American Indian Journal, 1979

1979-01-01

Law firm analysis which reviews developments in Indian law, discusses holdings and implications of some important Supreme Court decisions (Boldt Case, Yakima Public Law 280 Case, Blackbird Bend Case), analyzes litigation trends which appear to be developing, and comments on the future conduct of Indian litigation. (DS)

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

Science.gov (United States)

Veshi, Denard

2017-06-01

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

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

Science.gov (United States)

Malbin, Michael J.

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

Law & psychiatry: mental retardation and the death penalty: after Atkins.

Science.gov (United States)

Appelbaum, Paul S

2009-10-01

In Atkins v. Virginia the U.S. Supreme Court declared execution of persons with mental retardation to constitute cruel and unusual punishment, and thus to be unconstitutional under the Eighth Amendment. However, the Court left all considerations regarding how to implement the decision explicitly to the states. Since Atkins was decided in 2002, legislatures, courts, and mental health experts have struggled with its implementation, highlighting the complexities that can arise when the courts base legal rules on clinical findings. This column reviews the Atkins case and considers the challenges associated with a clinical determination that can have life-or-death consequences for capital defendants.

Beyond Invention: Patent as Knowledge Law

OpenAIRE

Madison, Michael

2017-01-01

The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between...

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

Science.gov (United States)

Scruggs, Kevin

2013-01-01

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

"Act in Good Faith."

Science.gov (United States)

McKay, Robert B.

1979-01-01

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

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

Science.gov (United States)

Sullivan, Patrick

2006-01-01

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

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

Science.gov (United States)

Orfield, Gary; Lee, Chungmei

2007-01-01

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

76 FR 33974 - Changes to the Schedule of Operations Regulations

Science.gov (United States)

2011-06-10

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

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.

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...

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

Science.gov (United States)

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

2017-01-01

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

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

Science.gov (United States)

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

2017-04-01

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

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.

Ethics: No Longer Optional.

Science.gov (United States)

Eveslage, Thomas; D'Angelo, Paul

1994-01-01

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

Procedural Due Process and Fairness in Student Discipline. A Legal Memorandum.

Science.gov (United States)

Johnson, T. Page

When the Supreme Court decided that the Constitution requires public school principals to follow procedural due process in suspension and expulsion cases, the Justices recognized a link between procedural due process and the fairness of effective discipline. This report reviews the constitutional due process required when public school officials…

Naval Law Review, Volume 56, 2008

Science.gov (United States)

2008-01-01

the plastic bag for fingerprints and recovered more from inside the van.20 On March 13, 2004, the SNP submitted digital photographs of the latent21...original images were of low resolution, the FBI requested that SNP send higher resolution digital photographs of the latent prints.27 These were...by the Supreme Court in Medellin v. Texas, 128 S.Ct. 1346, 1368 (2008) (“Justice Jackson’s familiar tripartite scheme provides the accepted

Catholics vs. Protestants - Birth and Tax

DEFF Research Database (Denmark)

Gøtze, Michael

2008-01-01

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

Narkotikapolitisk orientering

DEFF Research Database (Denmark)

Møller, Kim; Dahl, Helle Vibeke

2005-01-01

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

Pledge Stays Intact as Justices Dismiss Atheist's Challenge

Science.gov (United States)

Hendrie, Caroline

2004-01-01

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

Crossing borders: a critical review of the role of the European Court of Justice in EU health policy.

Science.gov (United States)

Brooks, Eleanor

2012-04-01

Over the last two decades, the European Union (EU) has steadily increased its involvement in the health policies of its member states, with considerable support from the European Court of Justice (ECJ). However, much of the literature examining the Court's role has focused upon the intersection between internal market law and the health services sector; the majority of studies have failed to examine the potential role for the Court in public health policy. Observers such as Greer have seen the development of healthcare as a clear case of neofunctional spillover, a view supported but qualified by Wasserfallen and others, who present a more detailed account of the mechanics of the process. Alternative analyses have focused upon the new modes of governance, soft law and other factors - this article reviews the current state of research in the field and the extent to which it should concern health policy actors and non-specialists in EU policy alike. It concludes that the Court has played and continues to play a crucial role in the development of EU public health policy, as well as in health services and broader social policy, where its influence has already been well documented. Copyright © 2011 Elsevier Ireland Ltd. All rights reserved.

Perspectives: Eugenics and Sterilization in the Heartland.

Science.gov (United States)

Wehmeyer, Michael L.

2003-01-01

Noting the Governor of Virginia's recent apology for his state's participation in eugenics, this article reviews the history of the sterilization of people with epilepsy and mental retardation in several states, and the importance of the Buck v. Bell (1927) Supreme Court decision in the promotion of eugenics. (Contains references.) (CR)

Schools as Good Parent: Symbolism versus Substance in Drug and Alcohol Testing of School Children.

Science.gov (United States)

Hutton, Chris

1992-01-01

Discusses the decision to implement a drug and alcohol testing program, analyzing how such programs fit within the traditional functions of criminal and administrative law, pinpoints some messages conveyed by testing programs, and discusses factual premises that should underlay such programs. Reviews recent U.S. Supreme Court rulings and gauges…

Perbedaan Pandangan Ajaran Sifat Melawan Hukum Materiil Tindak Pidana Korupsi

Directory of Open Access Journals (Sweden)

Seno Wibowo

2015-08-01

Full Text Available ABSTRAK Penerapan ajaran sifat melawan hukum materiil dalam fungsi positif dalam Undang-Undang Nomor 20 Tahun 2001 tentang Perubahan Atas Undang-Undang Nomor 31 Tahun 1999 tentang Pemberantasan Tindak Pidana Korupsi (UU Tipikor 2001 oleh Mahkamah Agung pasca putusan Mahkamah Konstitusi telah bertentangan dengan Undang-Undang Dasar 1945 Pasal 28 ayat (1 huruf D dan asas legalitas serta asas pemisahan kekuasaan negara. Selain itu, hal tersebut juga dinilai tidak mengindahkan sudut hierarki peraturan perundang-undangan di Indonesia, sehingga tidak mencerminkan kepastian hukum. Mahkamah Agung tidak berwenang menerapkan kembali ajaran sifat melawan hukum dalam fungsi positif yang terdapat dalam UU Tipikor 2001 dikarenakan dengan hal tersebut dinyatakan tidak memiliki kekuatan hukum mengikat oleh Mahkamah Konstitusi. Putusan judicial review Mahkamah Konstitusi tidak hanya mengikat para pihak yang berperkara namun juga rakyat dan lembaga tinggi negara termasuk Mahkamah Agung. Mahkamah Agung harus melaksanakan dan mematuhi putusan judicial review tersebut mengingat kedudukan putusan Mahkamah Konstitusi sebagai negative legislation. Apabila instansi penegak hukum maupun aparaturnya menggunakan suatu instrumen hukum yang telah dinyatakan tidak mempunyai kekuatan mengikat secara hukum, maka akibat hukum yang terjadi dapat berupa kerugian finansial. Instansi penegak hukum atau aparaturnya dapat menanggung akibat hukum secara pribadi (personal liability untuk mengganti kerugian yang dituntut melalui peradilan biasa yang ditegakkan secara paksa dan demi hukum batal sejak semula (ab initio. Abstract The application of the unlawful material doctrine in a positive function in Law Number 20 in 2001 on The Amendment of Law Number 31 in 1999 on Corruption Eradication (UU Tipikor 2001 by the Supreme Court after the decision of the Constitutional Courts contrary to the Constitution of 1945 Article 28 D paragraph 1 and the principle of legality and separation of state

A Social Science Review of Evidence Cited in Litigation on Corporal Punishment in the Schools.

Science.gov (United States)

Hyman, Irwin A.

In the case of Ingraham vs. Wright, the United States Supreme Court ruled that under the eighth amendment school children do not have constitutional protection from the use of corporal punishment. The majority decision relies heavily on assumptions concerning the tradition and effectiveness of the use of corporal punishment in education. In an…

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

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

African Journals Online (AJOL)

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

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

Science.gov (United States)

Reddy, V

1999-01-01

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

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

Science.gov (United States)

Moore, Marlee E; Hiday, Virginia Aldigé

2006-12-01

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

A CLOSER LOOK AT THE MANAGEMENT, REVOCATION AND ...

African Journals Online (AJOL)

OLAWUYI

The coming of the LUA automatically changed the norm and accepted .... This in effect led to recognition of both customary rights of ... The rent review panel recommended that land ownership should be vested in the ... I (1983) (action commenced in October 1960, appeal heard and retrial ordered by the Supreme Court in ...

LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

African Journals Online (AJOL)

HP27975994114

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

Child Pornography. An Exploratory Study

Science.gov (United States)

1990-01-01

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

MhicMathúna v Ireland

OpenAIRE

Thornton, Liam

2016-01-01

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

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.…

8 CFR 1003.11 - Administrative control Immigration Courts.

Science.gov (United States)

2010-01-01

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

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

Science.gov (United States)

Bartlett, L

1989-01-01

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

The Rule of Law and Civil Disobedience: The Case behind King's Letter from a Birmingham Jail

Science.gov (United States)

Kaplan, Howard

2013-01-01

Fifty years ago, the Reverend Dr. Martin Luther King Jr. wrote his "Letter from a Birmingham Jail." In exploring the story of the events behind the essay, and the Supreme Court case that resulted, "Walker v. Birmingham", 399 U.S. 307 (1967), educators will find a pedagogically powerful lens through which to review the seminal…

Intent v. Impact: The Standard of Proof Necessary to Establish a Prima Facie Case of Race Discrimination under 42 U.S.C. Section 1981.

Science.gov (United States)

Heiser, Walter

1979-01-01

Considers action's impact and intent as proof; analyzes language, purpose, and legislative history of civil rights statutes; and concludes that the Supreme Court will likely require proof of intent to sustain a prima facie case of discrimination. Available from San Diego Law Review Association, University of San Diego School of Law, San Diego,…

Standardized Testing and School Segregation: Like Tinder for Fire?

Science.gov (United States)

Knoester, Matthew; Au, Wayne

2017-01-01

Recent research suggests that high-stakes standardized testing has played a negative role in the segregation of children by race and class in schools. In this article we review research on the overall effects of segregation, the positive and negative aspects of how desegregation plans were carried out following the 1954 Supreme Court decision…

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...

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)

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.

Do Scandinavian Care about international law?

DEFF Research Database (Denmark)

Wind, Marlene

2016-01-01

Although Scandinavians are often celebrated as the vanguards of human rights and international law, we know little about whether courts and judges in these countries have embraced those international courts and conventions that they themselves helped establish after the Second World War....... This article presents original and comprehensive data on three Scandinavian courts' citation practice. It demonstrates that not only do Scandinavian Supreme Courts engage surprisingly little with international law, but also that there is great variation in the degree to which they have domesticated...... international law and courts by citing their case law. Building on this author's previous research, it is argued that Norway sticks out as much more engaged internationally due to a solid judicial review tradition at the national level. It is also argued that Scandinavian legal positivism has influenced a much...

COURT OF JUSTICE OF THE EUROPEAN UNION - INTERNATIONAL COURT

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Ioana Nely Militaru

2015-11-01

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

Overcoming Obstacles to Peace: Local Factors in Nation-Building

Science.gov (United States)

2013-01-01

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

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

DEFF Research Database (Denmark)

Bergqvist, Christian; Christensen, Laurits Peder Schmidt

2016-01-01

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

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

International Nuclear Information System (INIS)

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

1987-10-01

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

Panel: challenging criminal charges for HIV transmission and exposure.

Science.gov (United States)

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

2009-12-01

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

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

Directory of Open Access Journals (Sweden)

Luciano Donadio

2010-01-01

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

The travail of River Bend

International Nuclear Information System (INIS)

Studness, C.M.

1990-01-01

This article looks at the attempts by Gulf States Utilities to get the River Bend Nuclear Plant into its rate base. The review begins with the initial filing of rate cases in Texas and Louisiana in 1986 and continues through many court cases and appeals all the way to the Texas Supreme Court. The preferred and preference shareholders now nominally control the company through election of 10 of 15 members of the company's board of directors. This case is used as an argument for deregulation in favor of competition

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

The impact of Canada's environmental review process on new uranium mine developments

International Nuclear Information System (INIS)

Whillans, R.T.

1997-01-01

Canada introduced and environmental assessment process in the mid 1970s. It was designed to ensure that the environmental consequences of all project proposals with federal government involvement were assessed for potential adverse effects early in the planning stage. In 1984, a Guidelines Order was approved to clarify the rules, responsibilities and procedures of the environmental Assessment and Review Process (EARP) that had evolved informally under earlier Cabinet directives. In 1989/1990, the Federal Court of Appeal effectively converted the Guidelines Order into a legal requirement for rigorous application. The Supreme Court of Canada upheld the constitutionally of the EARP Guidelines Order in 1992. Canada became the world's leading producer and exporter of uranium during the late 1980s. Since then, the Canadian public has become sensitized to numerous issues concerning environmental degradation, from the Chernobyl accident to ozone depletion. In 1991, during this period of increasing awareness, the Atomic Energy Control Board, the federal nuclear regulator, referred six new Saskatchewan uranium mining projects for environmental review, pursuant to the EARP Guidelines Order. The public review process provided an extremely valuable focus on aspects of these developments that needed to be addressed by proponents and regulators. It has helped to demonstrate that new uranium mining projects are being developed in a responsible manner, after full consideration has been given to the potential impacts and public concerns associated with these facilities. 4 figs, 1 tab

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

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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.

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

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Tatyana Mikhailovna Sekretareva

2015-06-01

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

The European Union Court of Justice after the Treaty of Lisbon

Directory of Open Access Journals (Sweden)

Radivojević Zoran

2016-01-01

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

Good Faith in Life Insurance Contract by Indonesian Court

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Mokhamad Khoirul Huda

2017-03-01

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

Lawyer Accountability in Public Bid

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Adriana da Costa Ricardo Schier

2015-12-01

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

Strong advocacy led to successful implementation of smokefree Mexico City.

Science.gov (United States)

Crosbie, Eric; Sebrié, Ernesto M; Glantz, Stanton A

2011-01-01

To describe the approval process and implementation of the 100% smokefree law in Mexico City and a competing federal law between 2007 and 2010. Reviewed smokefree legislation, published newspaper articles and interviewed key informants. Strong efforts by tobacco control advocacy groups and key policymakers in Mexico City in 2008 prompted the approval of a 100% smokefree law following the WHO FCTC. As elsewhere, the tobacco industry utilised the hospitality sector to block smokefree legislation, challenged the City law before the Supreme Court and promoted the passage of a federal law that required designated smoking areas. These tactics disrupted implementation of the City law by causing confusion over which law applied in Mexico City. Despite interference, the City law increased public support for 100% smokefree policies and decreased the social acceptability of smoking. In September 2009, the Supreme Court ruled in favour of the City law, giving it the authority to go beyond the federal law to protect the fundamental right of health for all citizens. Early education and enforcement efforts by tobacco control advocates promoted the City law in 2008 but advocates should still anticipate continuing opposition from the tobacco industry, which will require continued pressure on the government. Advocates should utilise the Supreme Court's ruling to promote 100% smokefree policies outside Mexico City. Strong advocacy for the City law could be used as a model of success throughout Mexico and other Latin American countries.

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

Directory of Open Access Journals (Sweden)

Carlos Arturo Gómez Pavajeau

2015-12-01

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

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.

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

Science.gov (United States)

2010-04-01

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

[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.

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.

The judicialization of territorial politics in Brazil, Colombia and Spain

Directory of Open Access Journals (Sweden)

Helder Ferreira do Vale

2013-08-01

Full Text Available This article explains how judicial review influences intergovernmental political dynamics in Brazil, Colombia and Spain. The argument is developed in light of two questions: how supreme courts have established themselves as pivotal institutions for settling vertical intergovernmental disputes, and how national and subnational politicians use judicial review in order to enhance their own interests. A comparison between the judicial review processes in federal Brazil, quasi-federal Spain, and unitary Colombia provides an answer to these questions. Accounting for the differences in the territorial organization and systems of government among these countries, the article assesses the patterns of judicial review originating from the subnational level. Findings suggest that courts affect the interaction between national and subnational politicians in the three country-cases, but through different patterns of judicialization of territorial politics.

Problems of Soviet procedural law enforcement in 1930s.

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Alexander Kodintsev

2017-01-01

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

Russian Model Of The Administrative Justice

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Natalja I. Jaroshenko

2014-12-01

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

Higher prudence as the supreme virtue in international politics

NARCIS (Netherlands)

Kamminga, M.R.

2008-01-01

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

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

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Nicanor Henrique Netto Armando

2014-04-01

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

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

Science.gov (United States)

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

2013-09-01

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

Your business in court: 2009-2010.

Science.gov (United States)

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

2011-01-01

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

Kewenangan Komisi Yudisial dan Dewan Perwakilan Rakyat Dalam Pengangkatan Hakim Agung

Directory of Open Access Journals (Sweden)

Diah Savitri

2016-04-01

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

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

International Nuclear Information System (INIS)

Yellin, J.

1981-01-01

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

IMPLIKASI PEMBATALAN PERDA TERHADAP KETEPATAN PROPORSI TEORI PENEGAKAN HUKUM DALAM SISTEM PERADILAN DI INDONESIA

Directory of Open Access Journals (Sweden)

Fatkhurohman Fatkhurohman

2013-01-01

Full Text Available After the abrogation of a local regulation made by the central government, the local government may make a legal effort called an ‘objection” mechanism. In the on hand, the objection made by the local government shows that a law enforcement may be well made. On the other hand, an unclear concept of law enforcement arises. It is due to the fact that the substance of the 2004 Law no. 4 article 10 on the Justice Power merely regulates 4 (four matetrs namely: General Justice, Religion Justice, Military Justice and State Administrative Jutsice. Therefore, any dispute on any decision on local regulation abrogration actually is not included in the fourth category in the concerned justice environment. Efforts that may be made is to add authorities to the Supreme Court by arranging justice institution that handle any local regulation dispute, optimizing executive reviews and applying judicial reviews.  From streamlining improper theories of the solution on the dispute of Local Regulation abbrogation through the Supreme Court, to find out a way out is a necessity in order to avoid any legal uncertainty. Key words:  Local regulation, local regulation abbrogation, objection mechanism

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.

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

Science.gov (United States)

Hastings, Kylie B

2014-02-01

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

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.

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

Directory of Open Access Journals (Sweden)

Andi Mardiana

2015-06-01

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

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

Science.gov (United States)

O'Leary, Rosemary; Wise, Charles R.

1991-01-01

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

New developments in India concerning the policy of passive euthanasia.

Science.gov (United States)

Kanniyakonil, Scaria

2018-02-15

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

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

Science.gov (United States)

Freckelton, Ian

2013-01-01

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

Juvenile Court Statistics - 1972.

Science.gov (United States)

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

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

Juvenile Court Statistics, 1974.

Science.gov (United States)

Corbett, Jacqueline; Vereb, Thomas S.

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

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

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Ioan Gheorghe Țara

2014-07-01

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

Military Justice: Courts of Military Review--Rules of Practice and Procedure

National Research Council Canada - National Science Library

1986-01-01

...) This revision, in conformity with the Military Justice Act of 1983 and Manual for Courts-Martial 1984, changes past practice and procedures in several significant areas, and alters other procedures...

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

Directory of Open Access Journals (Sweden)

María del Mar Navas Sánchez

2017-12-01

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

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.

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

DEFF Research Database (Denmark)

M. Schwartz, Robert; Minssen, Timo

2015-01-01

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

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...

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

Science.gov (United States)

Lukenbill, W B

1998-06-01

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

"Obamacare" vor dem Supreme Court / Guy Beaucamp

Index Scriptorium Estoniae

Beaucamp, Guy

2016-01-01

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

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

OpenAIRE

佐藤, 美和

2008-01-01

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

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

Directory of Open Access Journals (Sweden)

Jaime Couso

2007-01-01

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

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

Directory of Open Access Journals (Sweden)

Collins E. Ijoma

2012-06-01

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

[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.

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

Science.gov (United States)

Taylor, Ellen T.

1978-01-01

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

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

Science.gov (United States)

Mora, Jill Kerper

2010-01-01

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

77 FR 4407 - Modernization of Poultry Slaughter Inspection

Science.gov (United States)

2012-01-27

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

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, ...

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

Science.gov (United States)

McGrain, Patrick N.; Moore, Jennifer L.

2010-01-01

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

The Great Whale review and the federal government's disappearing act

International Nuclear Information System (INIS)

Fenge, T.

1991-01-01

After considerable political and legal pressure, the Canadian and Quebec governments, plus the electric utility Hydro-Quebec, agreed to a global review and environmental assessment of the Great Whale hydroelectric project in northern Quebec. The assessment is being handled by five committees, each covering distinct areas of geography and responsibility. The initial task of the review committees was to determine the scope of the assessment, and 23 days of public hearings were held in northern and southern Quebec and on the Belcher Islands. The federal government's absence from the scoping hearings was a curious development, since federal agencies normally participate actively in such hearings. A federal guidelines order upheld recently by the Canadian Supreme Court requires federal participation in environmental assessment processes. The Great Whale project affects areas of federal jurisdiction as well as areas outside Quebec, and federal expertise in such matters as the marine environment is crucial in airing environmental issues related to the project. Interviews with federal officials on the reasons for federal absence are summarized. It is concluded that the federal agencies did not really regard scoping hearings as part of the public review, and that this review does not start until hearings begin on the environmental impact statement

The case for establishing a board of review for resolving environmental issues: The science court in Canada.

Science.gov (United States)

Giesy, John P; Solomon, Keith R; Kacew, Sam; Mackay, Donald; Stobo, Gerald; Kennedy, Steven

2016-07-01

Technology and scientific advancements are accelerating changes in society at a pace that is challenging the abilities of government regulatory agencies and legal courts to understand the benefits and costs of these changes to humans, wildlife, and their environments. The social, economic, and political facets of concern, such as the potential effects of chemicals, complicate the preparation of regulatory standards and practices intended to safeguard the public. Court judges and attorneys and, in some cases, lay juries are tasked with interpreting the data and implications underlying these new advancements, often without the technical background necessary to understand complex subjects and subsequently make informed decisions. Here, we describe the scientific-quasi-judicial process adopted in Canada under the Canadian Environmental Protection Act, 1999, which could serve as a model for resolving conflicts between regulatory agencies and the regulated community. An example and process and lessons learned from the first Board of Review, which was for decamethylcyclopentasiloxane (D5; CAS# 541-02-06), are provided. Notable among these lessons are: 1) the need to apply state-of-the-science insights into the regulatory process, 2) to encourage agencies to continuously review and update their assessment processes, criteria, and models, and 3) provide these processes in guidance documents that are transparent and available to all stakeholders and generally foster closer cooperation between regulators, the academic community, industry, and nongovernment organizations (NGOs). Integr Environ Assess Manag 2016;12:572-579. © 2015 SETAC. © 2015 SETAC.

COURT WITH A DIFFERENCE AND THE NEED TO REVIEW ITS ...

African Journals Online (AJOL)

Fr. Ikenga

enactment of the National Industrial Court Act 2006 and the 1999 .... entitled to embark on any form of industrial action without faithful adherence to ... and not by Act or law respectively of the National Assembly or State House of ..... condition of service including health, safety, welfare of labour, employee, workers and matter.

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

Directory of Open Access Journals (Sweden)

Rogerio Mollica

2016-05-01

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

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

Science.gov (United States)

Freckelton, Ian

2013-09-01

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

Hester Prynne and Linda Lovelace: Pure or Prurient.

Science.gov (United States)

Berger, Gertrude

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

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

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AAN Roy Sumardika

2014-11-01

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

Revisiting the Decision of Death in Hurst v. Florida.

Science.gov (United States)

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

2016-12-01

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

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

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Henni Muchtar

2012-12-01

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

25 CFR 11.912 - Contempt of court.

Science.gov (United States)

2010-04-01

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

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

Index Scriptorium Estoniae

Nestor, Siim, 1974-

2005-01-01

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

PENGAWASAN DAN PEMBINAAN MAHKAMAH AGUNG TERHADAP PENGADILAN DI BAWAHNYA

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Ahmad Fadlil Sumadi

2012-06-01

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

25 CFR 11.908 - Court records.

Science.gov (United States)

2010-04-01

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

Analysis of NEPA/CEQ requirements with respect to nuclear materials transportation

International Nuclear Information System (INIS)

Ross, K.E.L.; Welles, B.W.; Pellettieri, M.W.

1983-01-01

This paper examines the responsibility of federal agencies concerned with nuclear materials transportation decisions that come within the scope of the National Environmental Policy Act of 1969 (NEPA) and the requirements established by the Council on Environmental Quality (CEQ). Two of the case histories presented in this paper focus on actions taken by the Nuclear Regulatory Commission (NRC) and the Department of Transportation (DOT). A third case history, in which the limits of environmental impact are judicially redefined, presents an analysis of NEPA application in an NRC licensing action. The decision by the US Supreme Court (April 19, 1983) disallowed psychological stress as a factor to be required in environmental analysis of federal actions. The review by the Supreme Court of environmental impact considerations required under NEPA is clearly transferable to federal actions involving transportation of nuclear materials. Of interest in these examples is the application of NEPA requirements for worst-case analysis and the employment of the rule of reason by a federal agency to determine the limits of its NEPA obligations

Community rating in the absence of risk equalisation: lessons from the Irish private health insurance market.

Science.gov (United States)

Turner, Brian; Shinnick, Edward

2013-04-01

Ireland's private health insurance market operates on the basis of community rating, alongside open enrolment and lifetime cover. A risk equalisation scheme was introduced in 2003 to bolster community rating. However, in July 2008 the Irish Supreme Court set aside this scheme, on the basis of the interpretation of community rating in Irish legislation. This decision has significant implications for the Irish private health insurance market. This paper reviews the development of the market, focusing in particular on community rating. The breakdown of community rating in a market with multiple insurers with differing risk profiles is discussed. Applying this to the Irish market, it can be seen that the Irish Supreme Court judgment has significant implications for the application of community rating. Specifically, while community rating operates within plans, it no longer operates across the market, leading to high-risk lives paying more, on average, than low-risk lives. It has also led to greater opportunities for insurers to engage in market segmentation. This may have relevance for the design and operation of other community rated markets.

Compelled commercial speech: the Food and Drug Administration's effort to smoke out the tobacco industry through graphic warning labels.

Science.gov (United States)

Haynes, Bryan M; Andrews, Anne Hampton; Jacob, C Reade

2013-01-01

FDA's proposed graphic warning labels for cigarette packages have been scrutinized for potentially violating the First Amendment's free speech clause. This article addresses the distinction between the commercial speech and compelled speech doctrines and their applicability in analyzing the constitutionality of the labels. The government's position is that the labels evoke an emotional response and educate consumers, while tobacco companies argue that the labels forcibly promote the government's message. Two federal appellate courts, applying different legal standards, have arrived at different conclusions. This article advocates that the Supreme Court, if faced with review of the labels, should apply strict scrutiny and declare the labels unconstitutional.

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

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

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Radivojević Zoran

2014-01-01

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

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.

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

Science.gov (United States)

Hopkins, W. Wat

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

Mizan Text, V1,N1- Final 4-b

African Journals Online (AJOL)

eliasn

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

An Ever More Powerful Court?

DEFF Research Database (Denmark)

Martinsen, Dorte Sindbjerg

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

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...

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

Directory of Open Access Journals (Sweden)

Florent Pelsy

2008-09-01

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

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...

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

Directory of Open Access Journals (Sweden)

Ekaterina S. Shugrina

2018-01-01

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

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.

[Court-ordered treatment: Analysing a complex practise through a literature review].

Science.gov (United States)

Orsat, M; Auffret, E; Brunetière, C; Decamps-Mini, D; Canet, J; Olié, J-P; Richard-Devantoy, S

2015-10-01

In France, there are two main types of court-ordered treatment (COT) as far as mental health is concerned: obligations of treatment and injunctions of treatment. Obligations of treatment date back from 1958 whereas the law implementing injunctions of treatment is fairly recent as it was passed in 1998. Obligations and injunctions of treatment are two different types of COT that differ in terms of proceedings (obligations of treatment require no preliminary forensic psychiatric assessment; as for injunctions of treatment, they require the appointment of a coordinating medical doctor) and that are applied for different offences. However, both are psychiatric commitment procedures connecting the judicial, medical and social fields and their overall numbers have been on the rise. These common psychiatric practices have seldom been assessed and no review of the literature on the subject has ever been published. Better knowledge of such forensic practices is essential to their improvement and even to adjust the legal framework of these measures that are enjoying a boom. The purpose of this literature review is to define the prevalence of COT as well as the sociodemographic, criminal and psychiatric characteristics of those concerned by such measures. A review of the French medical literature on COT was carried out using Science Direct up to December 2013. The results of seven studies were included and analysed. This was completed with a review of the articles listed in social sciences and law databases (Cairn and Dalloz). It has become increasingly frequent to rely on psychiatric teams to implement COT while at the same time public mental health services have to face a surge in activity with restricted financial means. Obligations of treatment are far more common (about 20,000 court orders a year) than injunctions of treatment (about 4000 measures are currently being enforced). However the latter have showed an increase of 506% over the 2000 decade. Both measures

Regulation of health practitioners by trade practices and fair trading legislation.

Science.gov (United States)

Freckelton, Ian

2009-02-01

In a variety of situations, particularly those characterised by commerciality, corporate structures and unregistered practitioners, there are major limitations to traditional regulation by health boards and councils, as well as hearings by external tribunals. Part of the difficulty lies with the ability of external bodies to award compensation to complainants/notifiers proved to have suffered adverse consequences from proven unprofessional conduct. This column advances suggestions for reform of the powers of external tribunals to redress this deficit. It also reviews the benefits of an associated form of regulation by the Australian Competition and Consumer Commission and offices of fair trading to enable consumer protection. It reviews recent decisions in the Federal Court of Australia and the Supreme Court of Victoria in such matters as well as recommendations in 2008 by the Victorian Health Services Commissioner.

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

Science.gov (United States)

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

2014-06-01

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

Whales, science, and scientific whaling in the International Court of Justice.

Science.gov (United States)

Mangel, Marc

2016-12-20

I provide a brief review of the origins of the International Convention on the Regulation of Whaling and the failure to successfully regulate whaling that led to the commercial moratorium in 1986. I then describe the Japanese Whale Research Programs Under Special Permit in the Antarctica (JARPA I, JARPA II) and the origins of the case Whaling in the Antarctic (Australia v. Japan: New Zealand Intervening) in the International Court of Justice. I explain that the International Court of Justice chose to conduct an objective review of JARPA II, the standard that it used for the review, and the pathway that it took to adjudicate the case without providing a definition of science to be used in international law. I conclude with a brief discussion of the implications of the Judgment for the International Convention on the Regulation of Whaling, and the International Whaling Commission in particular, for other international treaties, and for the interaction of science and law more generally.

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

Directory of Open Access Journals (Sweden)

Taufiq Jati Murtaya

2018-01-01

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

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....

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

Perceptions of the Judiciary and Intellectual Disability.

Science.gov (United States)

Cockram, Judith; And Others

1993-01-01

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

Reasons for decision in the matter of review of the applications for gas export licences from Brooklyn Navy Yard Cogeneration Partners, L.P., Husky Oil Operations Ltd., ProGas Limited, Shell Canada Ltd., Western Gas Marketing Limited application dated 7 March 1994 from Rocky Mountain Ecosystem Coalition for a review of GH-5-93 decision made by the National Energy Board in February 1994

International Nuclear Information System (INIS)

1994-06-01

In February 1994, the National Energy Board of Canada granted 16 licenses to five companies for the export of natural gas to various power plants and gas distribution companies in the United States. In response to a submission from the Rocky Mountain Ecosystem Coalition, the Board requested submissions from those companies as part of a review of its Feburary 1994 decision. The Coalition claimed that the Board should have considered upstream environmental effects of the gas exports in its decisions; this claim was based on a Canadian Supreme Court decision of 24 February 1994 which required Hydro-Quebec to conduct environmental impact assessments related to electricity exports. The Board accordingly asked the five exporting companies to address the following questions in their submissions: the correctness of Board decisions considering environmental and directly-related social effects of the proposals in respect of the scope of its obligations under federal guidelines; whether evidence submitted by the applicants would allow the Board to meet its obligations under those guidelines; and whether there is any other evidence necessary to allow the Board to meet its obligations. A summary of the submissions and the views of the Board are presented. The applicability of the Supreme Court Hydro-Quebec decision to gas exports is discussed. The Board found that the decision was only applicable if there is a necessary connection between the upstream facilities and the proposal to export gas. The Board found that only the application from Shell Canada had this connection, and thus will require Shell to provide sufficient information concerning environmental and directly-related social effects relating to its proposal

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....

EFEKTIFITAS PENGAWASAN HAKIM OLEH KOMISI YUDISIAL

Directory of Open Access Journals (Sweden)

Oddie Moch Ikhsan

2018-01-01

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

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

International Nuclear Information System (INIS)

2000-01-01

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

Failure to exercise due diligence costs plaintiff her suit.

Science.gov (United States)

1997-11-28

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

Trial Courts in the Judicial Process.

Science.gov (United States)

McKnight, R. Neal

1981-01-01

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

The Court in the Homeric Epos

Science.gov (United States)

Loginov, Alexandr

2016-01-01

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

The impact of criminalization of HIV non-disclosure on the healthcare engagement of women living with HIV in Canada: a comprehensive review of the evidence.

Science.gov (United States)

Patterson, Sophie E; Milloy, M-J; Ogilvie, Gina; Greene, Saara; Nicholson, Valerie; Vonn, Micheal; Hogg, Robert; Kaida, Angela

2015-01-01

In 2012, the Supreme Court of Canada ruled that people living with HIV (PLWH) must disclose their HIV status to sexual partners prior to sexual activity that poses a "realistic possibility" of HIV transmission for consent to sex to be valid. The Supreme Court deemed that the duty to disclose could be averted if a person living with HIV both uses a condom and has a low plasma HIV-1 RNA viral load during vaginal sex. This is one of the strictest legal standards criminalizing HIV non-disclosure worldwide and has resulted in a high rate of prosecutions of PLWH in Canada. Public health advocates argue that the overly broad use of the criminal law against PLWH undermines efforts to engage individuals in healthcare and complicates gendered barriers to linkage and retention in care experienced by women living with HIV (WLWH). We conducted a comprehensive review of peer-reviewed and non-peer-reviewed evidence published between 1998 and 2015 evaluating the impact of the criminalization of HIV non-disclosure on healthcare engagement of WLWH in Canada across key stages of the cascade of HIV care, specifically: HIV testing and diagnosis, linkage and retention in care, and adherence to antiretroviral therapy. Where available, evidence pertaining specifically to women was examined. Where these data were lacking, evidence relating to all PLWH in Canada or other international jurisdictions were included. Evidence suggests that criminalization of HIV non-disclosure may create barriers to engagement and retention within the cascade of HIV care for PLWH in Canada, discouraging access to HIV testing for some people due to fears of legal implications following a positive diagnosis, and compromising linkage and retention in healthcare through concerns of exposure of confidential medical information. There is a lack of published empirical evidence focused specifically on women, which is a concern given the growing population of WLWH in Canada, among whom marginalized and vulnerable women

CHILD WITNESSES AND THE CONFRONTATION CLAUSE.

Science.gov (United States)

Lyon, Thomas D; Dente, Julia A

2012-01-01

After the Supreme Court's ruling in Crawford v. Washington that a criminal defendant's right to confront the witnesses against him is violated by the admission of testimonial hearsay that has not been cross-examined, lower courts have overturned convictions in which hearsay from children was admitted after child witnesses were either unwilling or unable to testify. A review of social scientific evidence regarding the dynamics of child sexual abuse suggests a means for facilitating the fair receipt of children's evidence. Courts should hold that defendants have forfeited their confrontation rights if they exploited a child's vulnerabilities such that they could reasonably anticipate that the child would be unavailable to testify. Exploitation includes choosing victims on the basis of their filial dependency, their vulnerability, or their immaturity, as well as taking actions that create or accentuate those vulnerabilities.

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.

Potential Beneficiaries of the Obama Administration’s Executive Action Programs Deeply Embedded in US Society

OpenAIRE

Donald Kerwin; Robert Warren

2016-01-01

The Obama administration has developed two broad programs to defer immigration enforcement actions against undocumented persons living in the United States: (1) Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA); and (2) Deferred Action for Childhood Arrivals (DACA). The DACA program, which began in August 2012, was expanded on November 20, 2014. DAPA and the DACA expansion (hereinafter referred to as “DACA-plus”) are currently under review by the US Supreme Court ...

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

Science.gov (United States)

Espinosa, Ruben W.

2010-01-01

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

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

Science.gov (United States)

Fossey, Richard

1994-01-01

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

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

Science.gov (United States)

Mawdsley, Ralph D.

1995-01-01

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

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

NARCIS (Netherlands)

Gormley, Laurence

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

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

NARCIS (Netherlands)

Husovec, Martin

2014-01-01

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

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

Science.gov (United States)

Pignotti, Maria Serenella

2013-02-01

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

A garland for consumers: Will the Garland case provide safeguards for vulnerable consumers?

International Nuclear Information System (INIS)

Reid, H.

2000-01-01

In Garland versus Consumer Gas, the Supreme Court of Canada in October 1998 ruled that the late payment penalties (LPP) charged by Consumer Gas constitute a criminal interest rate, contrary to Section 347 of the Criminal Code. The decision was unexpected in as much as the LPP had been continuously approved by the Ontario Energy Board since its adoption in 1975. This case is used here as an illustration of how consumers, who possess little bargaining power, may be protected from usurious penalties and charges for late payment. An examination of the legislative history surrounding the adoption of Section 347 of the Criminal Code, and a review of relevant Canadian case law with emphasis on the Supreme Court's reasoning with respect to the LPP in the Garland case, is followed by a comparison of Canadian experience with consumer protection in the United States and the United Kingdom. Policy implications of the Garland case from a consumer perspective are examined in general, and in terms of various industries as may be found in policy statements of specific companies. Recommendations are offered suggesting actions that may be taken to further protect consumers from exploitative credit arrangements.48 refs

Bridging legal and economic perspectives on interstate municipal solid waste disposal in the US

International Nuclear Information System (INIS)

Longo, Christine; Wagner, Jeffrey

2011-01-01

Research highlights: → Legal and economic opinions of free interstate trade of MSW in the US are reviewed. → Economic theory of landfill space as the article of commerce can align opinions. → Waste management policies implied by this economic theory are compared/contrasted. - Abstract: Managing municipal solid waste (MSW) within and across regions is a complex public policy problem. One challenge regards conceptualizing precisely what commodity is to be managed across space and time. The US Supreme Court view is that waste disposal is the article of commerce per se. Some justices, however, have argued that while waste disposal is the article of commerce, its interstate flow could be impeded by states on the grounds that they have the authority to regulate natural resource quality within their boundaries. The argument in this paper is that adopting the economic theory view of the article of commerce as landfill space brings the majority and dissenting US Supreme Court views-and the resulting sides of the public policy dispute-into closer alignment. We discuss waste management policy tools that emerge from this closer alignment that are more likely to both withstand judicial scrutiny and achieve economic efficiency.

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

International Nuclear Information System (INIS)

Glasgow, J.A.

1989-01-01

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

A Prospect and Challenges for Adopting Constitutional Complaint and Constitutional Question in the Indonesian Constitutional Court

OpenAIRE

Faiz, Pan Mohamad

2016-01-01

A jurisdiction of the Indonesian Constitutional Court concerning constitutional adjudication is only limited to review the constitutionality of national law. There is no mechanism for challenging any decision or action made by public authorities that violate fundamental rights enshrined in the Indonesian Constitution. This article argues that constitutional complaint and constitutional question might be adopted as new jurisdictions of the Indonesian Constitutional Court in order to strengthen...

Tax Credit Scholarship Programs and the Law

Science.gov (United States)

Sutton, Lenford C.; Spearman, Patrick Thomas

2014-01-01

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

Faculty Tort Liability for Libelous Student Publications

Science.gov (United States)

Stevens, George E.

1976-01-01

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

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

Science.gov (United States)

Ehrensal, Patricia A. L.

2012-01-01

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

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

Science.gov (United States)

de Forest, Jennifer

2008-01-01

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

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...

A PLEADING IN FAVOUR OF THE CONSTITUTIONAL COURT

Directory of Open Access Journals (Sweden)

Valentina BĂRBĂŢEANU

2016-05-01

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

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.

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...

29 CFR 1980.114 - District Court jurisdiction of discrimination complaints.

Science.gov (United States)

2010-07-01

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

School Finance Litigation in a Post-Rodriguez Era

Science.gov (United States)

Browning, R. Stephen

1974-01-01

Summarizes the pertinent rulings of the U.S. Supreme Court in Rodriguez, examines the impact of Rodriguez on future education reform litigation in Federal courts, discusses the potential impact that Rodriguez will have on law suits challenging tax related education inequalities, and examines the impact of the Rodriguez decision on State court…

The "Good Faith" Requirement in School Desegregation Cases.

Science.gov (United States)

Patin, Charles L., Jr.; Gordon, William M.

The good-faith requirement in school desegregation was initially discussed by the United States Supreme Court in "Brown II." However, it was not until recently, in "Freeman v. Pitts," that the Court was to provide a definitive statement as to the meaning of the requirement, indicate the need for specific findings with respect…

Invocations, Benedictions, and Freedom of Speech in Public Schools.

Science.gov (United States)

Harris, Phillip H.

1991-01-01

The Supreme Court, in an upcoming case "Lee v. Weisman," will rule on whether prayer may be offered out loud at a public school graduation program. Argues that past court decisions have interpreted the Establishment Clause of the First Amendment over the Free Speech Clause of that same amendment. (57 references) (MLF)

Sentencing Juveniles to Life in Prison: The Reproduction of Juvenile Justice for Young Adolescents Charged with Murder

Science.gov (United States)

Singer, Simon I.

2011-01-01

In "Roper v. Simmons," the U.S. Supreme Court determined that the sentencing of juveniles to death violated the constitutional amendment against cruel and unusual punishment. Similarly, the Court most recently decided that life without parole for non-homicide offenses is also unconstitutional ("Graham v. Florida," 2010). Part of the reason for the…

Intellectual Freedom in the Public Schools: An Assessment of "Tinker" and Its Progeny, 1969-1979.

Science.gov (United States)

Sorenson, Gail Paulus

In 1969, in "Tinker v. Des Moines," the Supreme Court declared that both students and teachers were entitled to exercise their constitutional rights while in school. The purpose of this dissertation was to discover whether the propositions and the philosophy of "Tinker" have been used by state and federal courts to support…

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

“To patent or not to patent? the case of Novartis’ cancer drug Glivec in India”

Science.gov (United States)

2014-01-01

Background Glivec (imatinib mesylate), produced by the pharmaceutical company Novartis, is prescribed in the case of Chronic Myeloid Leukemia, one of the most common blood cancers in eastern countries. After more than a decade of legal battles surrounding its patentability, the Supreme Court of India gave its final decision on April 1st of 2013, rejecting the appeal of the Swiss giant drug manufacturer. In 2006, the Indian Patent Office first refused Glivec’s patent under Section 3(d) of the Indian Patent Act arguing that it was only a modified version of an existing drug, Imatinib, and therefore that the drug was not innovative. Novartis replied filing legal challenges against the Indian government but the final verdict in April of 2013 ends the battle. Indeed, the Supreme Court stated that even if the bioavailability of the drug was improved, it did not demonstrate enhanced efficacy and that Glivec was not patentable. Methods The research primarily focused on journal, newspaper and magazine articles relevant to the time frame of the lawsuit (from 1994 to 2013) as well as news searches through Google, Factiva, ProQuest, PubMed, and YouTube where press articles from court verdicts were obtained by using the following keywords: “India”, “Novartis”, “Glivec”, “Patent”, “Novartis Case”, and “Supreme Court of India”. The data sources were interpreted and analyzed according to the authors’ own prior knowledge and understanding of the exigencies of the TRIPS Agreement. Results This case illuminates how India is interpreting international law to fit domestic public health needs. Conclusions The Novartis case arguably sets an important precedent for the global pharmaceutical industry and ideally will help improve access to lifesaving medicines in the developing world by demanding that patient health needs supersede commercial interests. The Supreme Court of India’s decision may affect the interpretation of the article of the TRIPS Agreement

"To patent or not to patent? the case of Novartis' cancer drug Glivec in India".

Science.gov (United States)

Gabble, Ravinder; Kohler, Jillian Clare

2014-01-06

Glivec (imatinib mesylate), produced by the pharmaceutical company Novartis, is prescribed in the case of chronic myeloid leukemia, one of the most common blood cancers in eastern countries. After more than a decade of legal battles surrounding its patentability, the Supreme Court of India gave its final decision on April 1st of 2013, rejecting the appeal of the Swiss giant drug manufacturer. In 2006, the Indian Patent Office first refused Glivec's patent under Section 3(d) of the Indian Patent Act arguing that it was only a modified version of an existing drug, Imatinib, and therefore that the drug was not innovative. Novartis replied filing legal challenges against the Indian government but the final verdict in April of 2013 ends the battle. Indeed, the Supreme Court stated that even if the bioavailability of the drug was improved, it did not demonstrate enhanced efficacy and that Glivec was not patentable. The research primarily focused on journal, newspaper and magazine articles relevant to the time frame of the lawsuit (from 1994 to 2013) as well as news searches through Google, Factiva, ProQuest, PubMed, and YouTube where press articles from court verdicts were obtained by using the following keywords: "India", "Novartis", "Glivec", "Patent", "Novartis Case", and "Supreme Court of India". The data sources were interpreted and analyzed according to the authors' own prior knowledge and understanding of the exigencies of the TRIPS Agreement. This case illuminates how India is interpreting international law to fit domestic public health needs. The Novartis case arguably sets an important precedent for the global pharmaceutical industry and ideally will help improve access to lifesaving medicines in the developing world by demanding that patient health needs supersede commercial interests. The Supreme Court of India's decision may affect the interpretation of the article of the TRIPS Agreement, which states members shall be free to determine the appropriate method

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.

UPAYA HUKUM YANG DILAKUKAN KORBAN KEJAHATAN DIKAJI DARI PERSPEKTIF SISTEM PERADILAN PIDANA DALAM PUTUSAN MAHKAMAH AGUNG RI

Directory of Open Access Journals (Sweden)

Lilik Mulyadi

2012-03-01

, interested third parties, the Legal Adviser or by the Public Prosecutor and apparently only remedy reconsideration made by the Public Prosecutor and Third Party concerned (Judicial Review Decision No. 4 PK / PID/2000 November 28 2001, which was granted by the Supreme Court while the petition for judicial review filed applicant witnesses (Judicial Review Decision No. 11 PK/PID/2003 August 6, 2003, or the reporting witness stated by the Supreme Court was not accepted by because the applicant is not qualified to appeal judicial review. From the theoretical dimension turns doing different interpretations of the Supreme Court as provided Art. 263 paragraph (1 Criminal Procedure Code that the applicant is granted a judicial review conducted by the Public Prosecutor and the Third Party concerned on the one hand while on the other side of the applicant's application for judicial review of quality reporting victims or witnesses can not be accepted.

Through the looking glass and back again: the PANE case, a rebuttal

International Nuclear Information System (INIS)

Bauser, D.B.

1985-01-01

The Supreme Court rejected the proposition that a federal agency is required to assess the psychological health aspects of a federal project in Metropolitan Edison Co. v. People Against Nuclear Energy (PANE). The author challenges an earlier article by W. Jordan when he finds that the PANE decision establishes that the National Environmental Policy Act (NEPA) does not require this kind of assessment. After reviewing the PANE case, he concludes that Jordan was incorrect in suggesting that the Court's decision was narrow in scope and that psychological distress would be a cognizable environmental impact under NEPA in many cases. The author agrees that psychological harm may well affect the quality of modern life, but it is not within the scope of NEPA

Liberty, Equality and the Right to Marry under the Fourteenth Amendment

Directory of Open Access Journals (Sweden)

Loveland Ian

2017-12-01

Full Text Available The legitimacy of recent judgments in the Supreme Court, lower federal courts and State courts which have extended the scope of the Due Process and/or Equal Protection clauses of the Fourteenth Amendment has been a fiercely contested controversy in legal and political circles in the USA. The controversy has been especially sharp in relation to the question of same sex marriage, and specifically whether it is within State competence to refuse to allow same sex couples to marry under State law. This paper explores that legitimation controversy through a multi-contextual analysis of the Supreme Court’s starkly divided judgment in Obergefell v Hodges (2015, in which a bare majority of the Court concluded that a State ban on same sex marriage was incompatible with the Due Process clause of the Fourteenth Amendment. This paper critiques both the majority and dissenting opinions, and suggests that while one might applaud the substantive conclusion the Court has reached, the reasoning offered by the majority suffers from several obvious weaknesses both in narrow doctrinal terms and from the broader perspective of safeguarding the Court from well-founded criticism that it is overstepping the bounds of its legitimate constitutional role.

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

OpenAIRE

Williams, Andrew

1990-01-01

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

Supervisory Control and Court Management

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.

Constitutional Law--State Action--Golden v. Biscayne Bay Yacht Club: Preventing Discrimination by Private Clubs

Science.gov (United States)

Patrick, Michael W.

1976-01-01

Although the Supreme Court has refrained from answering whether the membership policies of private clubs can be attacked on state action grounds, the Fifth Circuit Court of Appeals held in the affirmative in Golden v. Biscayne Bay Yacht Club. It ruled that leasing publicly owned bay bottom land to a yacht club constituted sufficient state…

On Students' Rights, an "Originalist" Stands Firm

Science.gov (United States)

Walsh, Mark

2011-01-01

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

29 CFR 780.7 - Reliance on interpretations.

Science.gov (United States)

2010-07-01

... addition, the Supreme Court has recognized that such interpretations of this Act “provide a practical guide... will seek to apply it” and “constitute a body of experience and informed judgment to which courts and....” (Skidmore v. Swift, 323 U.S. 134). Some of the interpretations in this part are interpretations of exemption...

The Public/Private Figure Status of Corporate and Executive Libel Plaintiffs after "Gertz."

Science.gov (United States)

Drechsel, Robert E.; Moon, Deborah

Since 1974, when the Supreme Court concluded in "Gertz v. Robert Welch, Inc." that public figures and private figures deserve different treatment under libel law (with private figures needing a lower standard of proof), most lower courts have had to sort out the two categories. From the results in "Gertz" and other cases, three…

Uniformity of Taxation and Illinois School Funding: A State Constitutional Perspective

Science.gov (United States)

Reynolds, Laurie

2008-01-01

The Illinois Supreme Court has permitted the General Assembly to create a system of public school funding that is widely disparate and disadvantageous to students in school districts with low-property wealth. In this Article, I argue that the court has not adequately considered the nexus between the Uniformity of Taxation provision and the…

Reconciling different legal spheres in theory and practice: pluralism and constitutionalism in the cases of Al Jedda, Ahmed and Nada

NARCIS (Netherlands)

Eckes, C.; Hollenberg, S.

2013-01-01

A detailed analysis of four judicial responses to extreme pluri-contextual settings, the House of Lords’ and the European Court of Human Rights (ECtHR)’s rulings in Al-Jedda, the UK Supreme Court’s judgment in Ahmed, and the ECtHR’s recent ruling in Nada, demonstrates that all three courts relied on

Academic and Artistic Freedom.

Science.gov (United States)

Strossen, Nadine

1992-01-01

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

The Constitution and Academic Freedom.

Science.gov (United States)

Gilbertson, Eric R.

During the past 150 years U.S. courts have demonstrated a special protectiveness toward academics and academic institutions. Academic freedom was not a concern when the U.S. Constitution and the First Amendment were drafted and is not mentioned in the "Federalist Papers." However, decisions by a series of Supreme Court justices led to…

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…

PERAN LEMBAGA PERADILAN DALAM PEMBATASAN UPAYA HUKUM DALAM PERKARA PERDATA

Directory of Open Access Journals (Sweden)

Bambang Sugeng Ariadi

2016-05-01

Full Text Available In order to application of judicial principle is simple, fast and low cost is to reduce accumulation of cases in the Supreme Court especially at the level of Cassation. Along with the increasing number of incoming cases, and was sentenced in the District Court and Court of Appeal, the amount of the proposed decision legal remedy of Cassation to the Supreme Court also increased and began to be a serious problem. For that we need to do some research on role of Judiciary in Legal action restrictions in order to reduce the accumulation of civil cases. Penerapan asas peradilan yang sederhana, cepat dan biaya ringan bertujuan untuk mengurangi penumpukkan perkara di Mahkamah Agung, terutama pada tingkat Kasasi. Seiring dengan makin meningkatnya jumlah perkara yang masuk, dan diputus di PN dan PT, jumlah putusan yang diajukan upaya hukum Kasasi ke MA juga semakin meningkat dan mulai menjadi masalah serius. Untuk itu perlu dilakukan suatu penelitian tentang Peran Lembaga Peradilan dalam Pembatasan Upaya Hukum dalam rangka mengurangi penumpukkan perkara perdata.

Case law

International Nuclear Information System (INIS)

Anon.

2002-01-01

Several judgements are carried: Supreme Administrative Court Judgement rejecting an application to prevent construction of a new nuclear power plant (Finland); judgement of the Council of State specifying the law applicable to storage facilities for depleted uranium (France); Supreme Court Decision overturning for foreign spent fuel (Russian federation); Court of Appeal Judgement on government decision to allow the start up of a MOX fuel plant ( United Kingdom); judgement on lawfulness of authorizations granted by the Environment Agency: Marchiori v. the Environment Agency; (U.K.); Kennedy v. Southern California Edison Co. (U.S.A); Judgement concerning Ireland ' s application to prevent operation of BNFL ' s MOX facility at Sellafield: Ireland v. United Kingdom; At the European Court of Human Rights Balmer-Schafroth and others have complained v. Switzerland. Parliamentary decision rescinding the shutdown date for Barseback - 2 (Sweden); Decision of the International trade Commission regarding imposition of countervailing and anti-dumping duties on imports of low enriched uranium from the European Union, Yucca Mountain site recommendation (USA). (N.C.)

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

Science.gov (United States)

Ruble, James H

2010-09-01

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

Case law

International Nuclear Information System (INIS)

2013-01-01

This section reports on 7 case laws from 4 countries: - France: Conseil d'Etat decision, 28 June 2013, refusing to suspend operation of the Fessenheim nuclear power plant; - Slovak Republic: New developments including the Supreme Court's judgment in a matter involving Greenpeace Slovakia's claims regarding the Mochovce nuclear power plant; New developments in the matter involving Greenpeace's demands for information under the Freedom of Information Act; - Switzerland: Judgment of the Federal Supreme Court in the matter of the Departement federal de l'environnement, des transports, de l'energie et de la communication (DETEC) against Ursula Balmer-Schafroth and others on consideration of admissibility of a request to withdraw the operating licence for the Muehleberg nuclear power plant; - United States: Judgment of the Court of Appeals for the District of Columbia Circuit granting petition for writ of mandamus ordering US Nuclear Regulatory Commission (NRC) to resume Yucca Mountain licensing; Judgment of the Court of Appeals for the Second Circuit invalidating two Vermont statutes as preempted by the Atomic Energy Act; Judgment of the NRC on transferring Shieldalloy site to New Jersey's jurisdiction

Mitigating costs and the preemptive effect of federal rate orders

International Nuclear Information System (INIS)

Darr, F.P.

1992-01-01

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

Produção da campanha “Voto limpo”: atores e protagonistas nas eleições municipais de 2012

Directory of Open Access Journals (Sweden)

Vera Chaia

2014-10-01

Full Text Available Federal Supreme Court deliberated valid, since 2012 municipal elections, law number 135 of 2010 or “Clean Record”. This article proposes a retrospect of Electoral Justice on processes governance, showing its importance for the institutionalization of “Clean Record” and how this new instrument influenced the elections. At 2012 elections the Law was used as communication resource to produce "Clean vote” campaign. This article also suggests a discussion about the campaign, contributing to evidence the meaning effects created by advertising pieces. With this multidisciplinary movement the article reassures Federal Supreme Court and Electoral Justice as consolidated institutions at the role of electoral governance, besides electors action in the advance of the democratic process.

Transgendered Prisoners in the United States: A Progression of Laws

OpenAIRE

Alexander, Rudolph

2013-01-01

In 1976, prisoners acquired the right to medical treatment from the U.S. Supreme Court through the Eighth Amendment to the United States Constitution, which forbade, in part, cruel and unusual punishment. The following year, a Fourth Circuit Court of Appeals ruled that medical treatment included psychiatric or mental health treatment. These rulings applied to general prisoners, but not initially prisoners who suffered from gender identity disorder. Courts ruled then that gender identity disor...

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

Legal and Psychological Perspectives on Children's Competence to Testify in Court

Science.gov (United States)

Klemfuss, J. Zoe; Ceci, Stephen J.

2012-01-01

Young children are often called as witnesses to crimes they were victims of or observed. Because of their immaturity, child witnesses are sometimes more heavily scrutinized than adult witnesses before being allowed to testify in court, for example, through competency screening. This review discusses the psychology and US law relevant to decisions…

Opteren voor de Netherlands Commercial Court

NARCIS (Netherlands)

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

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

Past and Future for Management of Courts

Directory of Open Access Journals (Sweden)

Bert Maan

2009-08-01

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

The liability of churches for the historical sexual assault of children ...

African Journals Online (AJOL)

However, in John Doe v Bennet in Canada and JGE v Diocese of Portsmouth in the UK the courts have recently held that even a relationship akin to employment is sufficient to be a basis for vicarious liability. In Bazley v Curry the Canadian Supreme Court moreover extended the traditional meaning of the "course and scope ...

Teaching the Business Law and Ethics of Arbitration after "Concepcion"

Science.gov (United States)

Thompson, Dale B.

2016-01-01

For a long time, courts have considered whether to enforce one-sided arbitration clauses on the grounds of unconscionability. Unconscionability is a legal ground for refusing to enforce a contract that seems to be too one-sided, or one that is the result of unfair bargaining. Recent Supreme Court cases in 2011 and 2013--"AT&T Mobility v.…

Is There a "Workable" Race-Neutral Alternative to Affirmative Action in College Admissions?

Science.gov (United States)

Long, Mark C.

2015-01-01

The 2013 decision by the U.S. Supreme Court in the Fisher v. University of Texas at Austin case clarified when and how it is legally permissible for universities to use an applicant's race or ethnicity in its admissions decisions. The court concluded that such use is permissible when "no workable race-neutral alternatives would produce…

16 CFR 3.71 - Authority.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Authority. 3.71 Section 3.71 Commercial... ADJUDICATIVE PROCEEDINGS Reopening of Proceedings § 3.71 Authority. Except while pending in a U.S. court of.... Supreme Court, a proceeding may be reopened by the Commission at any time in accordance with § 3.72. Any...

Whistleblower litigation: A potential explosion in the nuclear industry

International Nuclear Information System (INIS)

Kowitt, A.J.; Panich, D.

1990-01-01

This article examines the protection offered nuclear employees and the limits of a nuclear employer's liability under section 210 of the Energy Reorganization Act. The author's warn that review by the US Supreme Court is not necessary but could only serve to expose the nuclear industry to an onslaught of litigation resulting from the assertion by an employee subjected to an adverse employment decision that the employee was engaged in a protected activity and as a result has a right to protection from retaliation by the employer

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.

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

Planned Parenthood League of Massachusetts v. Attorney General.

Science.gov (United States)

1997-03-18

The Supreme Judicial Court of Massachusetts sustained a state statute which required pregnant unmarried minors to obtain the consent of both parents or a judge of the Superior Court in order to have an abortion. The court held that the state's interest in protecting the welfare of its minors and ensuring informed consent justified restrictions on a minor's constitutional right to choose an abortion. The court held unconstitutional, however, the law's requirement that the minor obtain the consent of both parents as an undue burden on the minor's due process rights.

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.

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

OpenAIRE

Cvetić Radenka M.

2015-01-01

Through the review of the principle of entry and the principle of reliability in the Real Estate Cadastre and their reach in our court practice, this article indicates the indispensability of compliance with these principles for the sake of legal certainty. A formidable and a complex role of the court when applying law in order to rightfully resolve an individual case has been underlined. Having regard to the accountability of the courts for the efficacy of the legal system, without any inten...

D.C. Circuit broadly extends NEPA coverage for nuclear power plant accidents

International Nuclear Information System (INIS)

Rush, S.B.

1983-01-01

According to the D.C. Circuit Court of Appeals, the National Environmental Policy Act (NEPA) now requires complete evaluation of all aspects of human health affected by nuclear development, including psychological health. The Supreme Court may not agree with the circuit court's conclusion that the Nuclear Regulatory Commission must pay special attention to psychological health effects from nuclear accidents because this extension of NEPA may become a major new tool for slowing the development of nuclear energy production

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

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.

Key performance indicators for Australian mental health court liaison services.

Science.gov (United States)

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

2017-12-01

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

ASAS KEPASTIAN HUKUM, KEADILAN DAN KEMANFAATAN DALAM KAITANNYA DENGAN PUTUSAN KEPAILITAN PENGADILAN NIAGA

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Tata Wijayanta

2014-05-01

Full Text Available The principles of legal assurance, justice and expediency are properly stipulated in the provisions of the Act Number 37 Year 2004.  The legal assurance is seen by the rapidity of the settlement and the expeditious evidentiary procedure. The justice is reflected in equality principle in the proceeding. Then, the expediency is conceived from the imposition of bankruptcy as the last resort (ultimum remidium and the application of open to public-trial. Nevertheless, in certain case laws from the Commercial Court, the principles were not applied harmoniously.  The legal assurance appears to be more emphasized than the other principles. Take for example the bankruptcy case of PT Telekomu-nikasi Phones (District-Commercial Court of Central Jakarta Number: 48/Bankruptcy/2012/PN Nia-ga.Jkt.Pst that has been reviewed and nullified by the Supreme Court Number: 704K/Pdt.Sus/ 2012. Key words:  legal certainty, justice, expediency, bankruptcy decision.

Same-Sex Marriages (or Civil Unions/Registered Partnerships in Slovak Constitutional Law: Challenges and possibilities

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Marián Sekerák

2017-01-01

Full Text Available In February 2015, Slovakia held a referendum ʻfor the protection of the traditional family.ʼ It was indirectly aimed against the potential legalization of same-sex marriages or civil unions. Owing to the initiative of the Slovak President, the Constitutional Court of the Slovak Republic (CCSR reviewed four proposed referendum questions, while one of them was later declared unconstitutional. I attempt to point out the flaws in the CCSR’s judgment while looking for an argumentation in favour of the recognition of same-sex marriages/civil unions. I argue that Slovak constitutional law provides several principles for such recognition, which include: civic equality, similarity, equal access, democratic state, and the right to privacy. These principles are compared with the recent ground-breaking judgments of the US Supreme Court and the European Court of Human Rights. Finally, I briefly scrutinise the objection that recognising a right for same-sex unions means excessive judicial activism and judicializes politics.

Human rights and conventionality control in Mexico

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Azul América Aguiar-Aguilar

2014-12-01

Full Text Available The protection of human rights in Mexico has, de jure, suffered an important change in the last years, given a new judicial interpretation delivered by the National Supreme Court of Justice that allows the use of conventionality control, which means, that it allows federal and state judges to verify the conformity of domestic laws with those established in the Inter-American Convention of Human Rights. To what extent domestic actors are protecting human rights using this new legal tool called conventionality control? In this article I explore whom and how is conventionality control being used in Mexico. Using N-Vivo Software I reviewed concluded decisions delivered by intermediate level courts (Collegiate Circuit Courts in three Mexican states. The evidence points that conventionality control is a very useful tool especially to defenders, who appear in sentences claiming compliance with the commitments Mexico has acquired when this country ratified the Convention.

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....

The role of the European Court of Auditors in preserving of fiscal framework within the Eurozone

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Dimitrijević Marko B.

2016-01-01

Full Text Available The subject of analysis in this paper is the role of the European Court of Auditors in the process of establishing a sustainable fiscal framework in the countries of the European Monetary Union. In this regard, in the paper points to the reasons for the establishment of the European Court of Auditor, standards and methodology for auditing public finances that are in the function of directing and supporting financial management in the EMU. Particular focus on the research is on reviewing the type and characteristics of the audit, phases and methodology of the audit process and the Court's attitude with other communitarian organs that is a requirement of responsible, transparent and efficient management of fiscal and monetary policy in the euro area.

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

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

A critical analysis of Sorrell v. IMS Health, Inc.: Pandora's box at best.

Science.gov (United States)

Bibet-Kalinyak, Isabelle

2012-01-01

Sorrell v. IMS Health, Inc. ("IMS Health"), a remarkable health care case with resounding First Amendment and economic repercussions, features the clashing interests of the State of Vermont and aggressive free market players from the pharmaceutical and data mining industries in a constitutional battle over Free Speech. In 2007, Vermont enacted Act 80, The Confidentiality of Prescription Information Act, prohibiting the sale, disclosure, and use of pharmacy records. Together with two other data miners and PhRMA, an association of brand-name drug manufacturers, IMS Health successfully challenged the constitutionality of Act 80 on First Amendment grounds. This article examines the legal arguments of IMS Health and Act 80 and analyzes why IMS Health stands out for potentially challenging the traditional doctrine of commercial speech and the resulting legal implications. After reviewing the Supreme Court's reasoning, the article concludes that, although the Supreme Court reached the appropriate outcome, it did so by unjustifiably departing from the established legal doctrine of commercial speech and the American tradition of consumer protection. At best, IMS Health's reasoning opens a legal Pandora's Box potentially leading to an onset of new commercial speech challenges; at worst, it manufactured a Trojan Horse aimed at eroding the traditional regulatory safeguards that maintain a balance between the needs of consumers and corporations alike.

REVISION PERMISSIABILITY IN CIVIL PROCEDURE IN REPUBLIC OF MACEDONIA

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Marina Gligorova

2015-04-01

Full Text Available The revision as an extraordinary legal remedy is one more legal instrument for litigant in the effort to achieve protection of the rights or to defend against ungrounded claims of the other party. Litigants may declare revision of the litigation process due to substantive violations of the provisions of Civil Procedure and incorrect application of substantive law. Declaring revision because of a substantive violation of the provisions of Civil Procedure is limited. The purpose of this research paper is to investigate the most common reasons for filing revision of the litigation process in the period from June 2011 to June in 2012. The research includes what kind of reasons are often repeated, and the volume, or the number of reviews submitted to the Supreme Court of the Republic of Macedonia. As general hypothesis is that most of the adopted revisions are due to substantial violations of the provisions of civil procedure. Two-thirds of the stated revisions in front of the Supreme Court of Republic of Macedonia were rejected as unfounded and only one third of the submitted revisions from June 2011 to June 2012 were grounded. Since accepted revisions 59% due to incorrect application of substantive law, and 41% due to substantial violations of the provisions of Civil Procedure.