WorldWideScience

Sample records for vilnius court ends

  1. Vilnius court approves extradition of Yukos-related banker / Milda Seputyte

    Index Scriptorium Estoniae

    Seputyte, Milda

    2005-01-01

    Vilniuse ringkonnakohus otsutas Venemaale välja anda Igor Babenko, kes oli Jukose tütarettevõtte Menatep St. Peterburg Bank'i juht. Venemaa süüdistab Babenkot panga juhtimise ajal 333 miljoni rubla omastamises. Babenko arvates on Leedu võimud temast huvitatud seotuse tõttu Jukosega

  2. Nongratalased Turus, Vilniuses, Riias

    Index Scriptorium Estoniae

    2000-01-01

    Academia Non Grata osales Turu Hyräryllista galeriis David Crawforthi kureeritud rahvusvahelisel festivalil "Realm of the senses - a city wide experiment", Leedus Vilniuse Draamateatris performancei-festivalil "Laboratoorium". 8. XI Riias Matti Milius ja Raul Meel pidasid loenguid akadeemias, ANG esitles installatsiooni "Kreee", R. Meel ja Leonhard Lapin avasid personaalnäituse Reuters House'is. Valgas esitas ANG performance'i "SoftPower".

  3. The Never Ending Fight; Court Ordered Parenting Plan

    African Journals Online (AJOL)

    DrNneka

    Abstract. The question as to who retains the custody, physical control and care of the child or children of a marriage is often cardinal, vexed and contentious between the parties in any court proceedings for dissolution of marriage, divorce or legal separation .This paper examines the legal principles, perspectives and ...

  4. The Never Ending Fight; Court Ordered Parenting Plan | Anyogu ...

    African Journals Online (AJOL)

    This paper examines the legal principles, perspectives and dimensions relative to court ordered parenting in Nigeria with particular attention to the comparative positions at common law, under statute and within the realm of customary law. It also x-rays the sociological and psychological considerations and factors at play in ...

  5. Eesti Vilniuse saatkonnahoone õhkab kargust

    Index Scriptorium Estoniae

    1998-01-01

    Eesti Vabariigi 80. aastapäevaks valminud Eesti saatkonnahoonest Vilniuses (Vilnius Zverynase raj. Mickeviciuse 4), kuhu on mahutatud saatkond, konsulaat, vastuvõtusaal, suursaadiku residents, külaliskorter; arhitektid Markus Kaasik, Andres Ojari, Inga Raukas, Ilmar Valdur (AS Kolm Pluss Üks), sisekujundus: AS Kolm Pluss Üks ja OÜ GS-DIS, peatöövõtja Merko Ehituse AS.

  6. Characteristics of Vilnius street prostitutes.

    Science.gov (United States)

    Chaplinskas, S; Mårdh, P A

    2001-03-01

    Women prostituting in Vilnius City, Lithuania, were studied with regard to their socioeconomic background, drug and alcohol abuse, conditions for prostituting and for the carrier rate of sexually transmitted infectious agents. The 73 women studied represented a group of low-socioeconomic prostitutes with a great age span, i.e. 14-52 years. Forty-five per cent had one or more children. Roughly one-third were part-time prostitutes. Some had been trafficking for more than one decade. Some started trafficking at the age of 13, while the other extreme was a woman who began to prostitute at 51 years of age. This group of Vilnius street walkers had few customers per day. Eighteen were intravenous drug users and almost all abused alcohol. All, but one, had one or more sexually transmitted infections (STIs). Syphilis was diagnosed in 8 (13%) and another 10 (16%) had a serological scar of such an infection. HIV infections were not diagnosed. Condoms were not consistently used during their social contacts.

  7. Enne kui Vilniuse vilju maitsta / Toomas Alatalu

    Index Scriptorium Estoniae

    Alatalu, Toomas, 1942-

    2006-01-01

    Autori sõnul on suurriikide poliitika jätkuvalt kõikuv ja kahepalgeline. Viide USA asepresidendi Dick Cheney sõnavõtule Vilniuses, mille mõju tuleks hinnata pärast EL-i ning Venemaa tippkohtumist Sotšis ja G-8 kohtumist Peterburis

  8. Vilnius district heating pilot project. Final report

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1995-03-01

    The main purposes of the District Heating Pilot Project - Vilnius have been the following: In close co-operation with the Lithuanian counterparts of the project to characterize and spot out the main problems, of the heating sector in Vilnius taking into account the actual energy crises of Lithuania due to steeply increasing energy prices as a consequence of the secession from the former Soviet Union and the transition to market economy; to identify possible short and long run solution s(options) to these problems taking into account the heat supply side as well as the heat consumption side; to present a general technical and economic description of these solutions; to depict a number of scenarios illustrating the consequences of long term development strategies based on various combinations of the options described; on the basis of the above to outline a short term investment plan; to identify possible general organisational or institutional obstacles to the implementation of the various proposed solutions presented and to recommend ways to overcome such obstacles. From the described set of purposes of the project, it is quite clear that the general scope of the project has been of a general planning kind and should be seen as the first important step in the process of realization of a strategy to improve the efficiency of the heating sector in Vilnius. (EG)

  9. Municipal elections: Zuokas-led non-party coalition conquers Vilnius / Rokas M. Tracevskis

    Index Scriptorium Estoniae

    Tracevskis, Rokas M.

    2011-01-01

    27. veebruaril Leedus peetud kohalikel valimistel kogus enim hääli Leedu Sotsiaaldemokraatlik Partei. Praeguse Vilniuse linnapea Arturas Zuokase koalitsioon on saanud 12 kohta Vilniuse linnavolikogus

  10. Pirouettes around the Vilnius mayor's post / Rokas M. Tracevskis

    Index Scriptorium Estoniae

    Tracevskis, Rokas M.

    2010-01-01

    Isamaaliidu ja Leedu Kristlike Demokraatide Partei viis läbi esimese salajase hääletuse selgitamaks välja partei esikandidaati 2011. aastal toimuvatel kohalikel valimistel. Vilniuse praegune linnapea Vilius Navickas, kes oli lubanud Vilniuse nõukogudeaegseid monumente likvideerida, teise vooru ei pääsenud

  11. 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…

  12. Kuni 13. VI on Vilniuse Kaasaja Kunsti Keskuses...

    Index Scriptorium Estoniae

    2004-01-01

    Vilniuse XII maalitriennaal "Maalikunsti seitse reeglit". Kuraator Ignaz Kazakevicius valis näitusele eesti maalikunstnikest Alice Kase, Tiina Tammetalu, Mari Roosvalti, Valeri Vinogradovi ja Mall Parise tööd

  13. Vilnius mayor dragged into corruption scandal / Steven Paulikas

    Index Scriptorium Estoniae

    Paulikas, Steven

    2004-01-01

    Vilniuse linnapea Arturas Zuokase suhtes on algatatud kriminaalmenetlus, süüdistuseks koos korporatsiooni Rubicon juhi Andrius Janukonisega altkäemaksu pakkumine linnavolikogu liikmele Vilmantas Dremale linnapea valimiste eel

  14. Reval Hotel Lietuva Vilniuses : Konstitucijos pr. 20 / Piret Lindpere

    Index Scriptorium Estoniae

    Lindpere, Piret, 1963-

    2004-01-01

    Vilniuse hotelli "Lietuva" renoveerimine. Arhitektuurse projekti koostaja Rootsi arhitektuuribüroo AB SWECO (arhitektid Aare Saks, Nils Palm. Sisekujundus: Vaikla Disain AS (Katrin ja Argo Vaikla, Liis Lindvere, Peeter Loo). Kommenteerivad Argo ja Katrin Vaikla. 3 ill

  15. COMPLEX EVALUATION OF ELECTRIC RAIL TRANSPORT IMPLEMENTATION IN VILNIUS CITY

    Directory of Open Access Journals (Sweden)

    Gintautas BUREIKA

    2016-03-01

    Full Text Available The article analyses the current problems of Vilnius city public transportation. The possible solutions (options and the technical means to improve the attractiveness of public transportation and accessibility are considered. Two main alternatives of means of electric transport (underground and tram have been singled out for Vilnius city. The suitability of these rail transport means have been substantiated. The nature and density of the work and residence places (areas of Vilnius city residents have been analysed. The scheme of tram and underground lines projected in Vilnius city are evaluated, which have been composed according to the current and forecasted flows of passengers, the nature of their changes and critical points. The technical economic indicators of the tram routes and underground lines in Vilnius city are analysed: average driving speed, average distance between the stations, the duration of the trip, the capacity of a single means of transport, the costs of line support and the size of investment. The accident rate of urban rail transportation is estimated. Comparative criteria of tram and underground lines are selected. The effectiveness of both rail means of transport in Vilnius city are compared according to three multi-criteria evaluation methods: the sum of ratings, simple additive weighting and geometrical means. The final conclusions and recommendations are provided.

  16. Urban land use in Natura 2000 surrounding areas in Vilnius Region, Lithuania.

    Science.gov (United States)

    Pereira, Paulo; Misiūnė, Ieva; Depellegrin, Daniel

    2015-04-01

    Urban development is one of the major causes of land degradation and pressure on protected areas. (Hansen and DeFries, 2007; Salvati and Sabbi, 2011). The urban areas in the fringe of the protected areas are a source of pollutants considered a negative disturbance to the ecosystems services and biodiversity within the protected areas. The distance between urban and protected areas is decreasing and in the future it is estimated that 88% of the world protected areas will be affected by urban growth (McDonald et al., 2008). The surrounding or buffer areas, are lands adjacent to the Natura 2000 territories, which aim to reduce the human influence within the protected areas. Presently there is no common definition of buffer area it is not clear among stakeholders (Van Dasselaar, 2013). The objective of this work is to identify the urban land use in the Natura 2000 areas in Vilnius region, Lithuania. Data from Natura 2000 areas and urban land use (Corine Land Cover 2006) in Vilnius region were collected in the European Environmental Agency website (http://www.eea.europa.eu/). In the surroundings of each Natura 2000 site, we identified the urban land use at the distances of 500, 1000 and 1500 m. The Natura 2000 sites and the urban areas occupied a total of 13.2% and 3.4% of Vilnius region, respectively. However, the urban areas are very dispersed in the territory, especially in the surroundings of Vilnius, which since the end of the XX century is growing (Pereira et al., 2014). This can represent a major threat to Natura 2000 areas ecosystem services quality and biodiversity. Overall, urban areas occupied approximately 50 km2, in the buffer area of 500 m, 95 km2 in buffer area of 1000 m and 131 km2 in the buffer area of 1500 km2. This shows that Natura 2000 surrounding areas in Vilnius region are subjected to a high urban pressure. This is especially evident in the Vilnius city and is a consequence of the uncontrolled urban development. The lack of a clear legislation

  17. Discussing Vilnius-Warsaw relations / Rokas M. Tracevskis

    Index Scriptorium Estoniae

    Tracevskis, Rokas M.

    2011-01-01

    Vilniuses asuv Eastern Europe Studies Center avaldas Leedu-Poola vahelisi suhteid kajastava raporti, mille arutlusele olid tulnud Leedu ekspresident Valdas Adamkus, välisminister Andronius Azubalis ja ka teised eksperdid. Andronius Azubalis on hinnanud suhteid normaalseteks, kuid Valdas Adamkus leidis, et need on halvenenud

  18. Socio-spatial transformatioSocio-Spatial Transformations, Suburbanisation, and Voting Behaviour in the Vilnius Urban Regionns, suburbanisation, and voting behaviour in the Vilnius urban region (discussion paper)

    NARCIS (Netherlands)

    Ubareviciene, R.; Burneika, D.; Van Ham, M.

    2012-01-01

    This paper analyses the interrelationship between the process of suburbanization and a changing political and ethnic landscape in the Vilnius urban region. The region surrounding Vilnius city is dominated by Polish identity residents while those who suburbanise into the region are mainly ethnic

  19. Trakehner breed mares reproduction properties analysis in Vilnius stud Farm

    OpenAIRE

    Greblikas, Rokas

    2014-01-01

    The purpose of Master’s thesis: To analyse Trakehner breed mares reproduction properties. Tasks of Master’s thesis: To examine the indicators of the Trakehner breed mares reproduction - fertility, a number of abortion, embryonic period in Vilnius stud. 1. To examine the impact of various factors on mares reproduction properties. Methods used to conduct a research: 1) Zootechnical - documentary analysis, 2) Analytical analysis, 3) Statistical analysis. The research relies on data...

  20. Socio-spatial transformations, suburbanisation, and voting behaviour in the Vilnius urban region

    NARCIS (Netherlands)

    Ubarevi?ien?, R.; Burneika, D.; Van Ham, M.

    2012-01-01

    This paper analyses the interrelationship between the process of suburbanisation and a changing political and ethnic landscape in the Vilnius urban region. The region sur-rounding Vilnius city is dominated by Polish identity residents while those who suburbanise into the region are mainly ethnic

  1. Court Briefs.

    Science.gov (United States)

    Nankivell, R.; And Others

    1990-01-01

    Presents court briefs for three separate constitutional issues: the individual right to die as tested in the "Cruzan v. Missouri Department of Health" case; constitutional rights and drunk driving; and student religious clubs' right to meet at public schools in accordance with the Equal Access Act of 1984. Analyzes court opinions and…

  2. The memoirs of Vilnius bishop Adam Stanisław Krasiński: from manuscript to publication

    Directory of Open Access Journals (Sweden)

    Aldona Prašmantaitė

    2013-12-01

    memoirs have not survived. Stanisław Estreicher (1869–1939, then a professor at the Jagiellonian University in Krakow and a contributor to the newspaper „Czas”, edited the manuscript. It is clear that part of Krasiński’s Memoirs were among the manuscripts transferred from the Polish Museum in Rapperswil to the National Library in Warsaw in 1927. The annotation of the former Krasiński manuscript in Rapperswil lets one declare that among them was the part of the bishop’s memoirs about his years spent in exile. The preparer of the Krasiński Memoirs for publication in 1900 Stanisław Estreicher did not know anything about the Krasiński ‘s memoirs manuscript in Rapperswil. When and how the Krasiński manuscripts arrived in the Rapperswil museum is unclear. The manuscript of Krasiński’s memoirs handed over to Warsaw in the 1920s ended up in the collections of the National Library destroyed during the war. There are no data that would suggest that the latter manuscript (or its copy could be found in the future. The genesis of the memoirs of Vilnius Bishop Krasiński, the history of the manuscript’s preservation and its preparation for publication hide more than one riddle.

  3. Muusikamaailm : 15. ooperifestival Wexfordis. Tshellopidu algas Frankfurdis. Vilniuse "Gaida" lõppes eile. Konkursilt Besanqonis. Ernest Bour lahkunud / Priit Kuusk

    Index Scriptorium Estoniae

    Kuusk, Priit, 1938-

    2001-01-01

    15. ooperifestivalist Wexfordis. Frankfurdis toimunud Kronbergi tshellofestivali pidulikust avakontserdist. Vilniuse uue muusika festivalist "Gaida". Konkursilt Besanqonis. Suri nimekas prantsuse dirigent Ernest Bour

  4. Memory politics in a Multiethnic City: the Case of Vilnius

    Directory of Open Access Journals (Sweden)

    Rasa Čepaitienė

    2013-12-01

    Full Text Available In the article, the concepts that have influenced (and are still influencing the appreciation, assimilation and usage of the collective memory, evidenced in historic Lithuanian towns, especially Vilnius, are analysed, and some possible solutions to the questions arising are proposed. It is emphasized that the recognition, usage and interpretation of cultural values, accumulated in the public spaces of historic towns, which are, as a rule, multiethnic, multiconfessional and multicultural, is a complex undertaking requiring competence, creativity and responsibility. The relationship between this multipartite problem and the cultural politics of modern Lithuania is examined. Two attitudes, monoperspective (imperial, Soviet, nationalistic and multi-perspective (postmodern, towards the relationship between ethnic communities and the prevailing culture are distinguished. The clearest cases of public space appropriation/interpretation which provoked inter-ethnic or intersectional conflicts in recent times are analysed. These are related to the sensitivity of the collective memory, which is linked to the traumas and wrongs of the recent past. The strategic possibilities of the usage of cultural riches accumulated in the public spaces of Vilnius’ old town are discussed, by referring to the ideas of conservation theorists and taking into account the Lithuanian context. The actuality of the multicultural traditions and experiences of the unique concord in the Grand Duchy of Lithuania are emphasised, considering the present circumstances of the globalised world.

  5. Youth Court: An Alternative to Juvenile Court?

    Science.gov (United States)

    Heward, Michelle E.

    2000-01-01

    Explains that youth courts are alternatives to the juvenile justice system in which trained youth volunteers hold youthful offenders accountable for their wrongful actions. Discusses the reasons for the increased popularity of youth courts, the differences between juvenile and youth courts, and the effects the changes in juvenile courts have on…

  6. [GEOLOGICAL OVERVIEW OF THE VILNIUS REGION BY J. E. GILIBERT (1741-1814), THE FIRST PROFESSOR OF NATURAL HISTORY AT THE UNIVERSITY OF VILNIUS].

    Science.gov (United States)

    Tarkowski, Radosław

    2015-01-01

    observations and experiments, and was using the local wildlife specimens in his lectures. Thanks to the French naturalist, the teaching of natural science remained at a good European level since the time the Department was founded at the University of Vilnius. A treatise on physical geography of the Grand Duchy of Lithuania is Gilibert's best-known published work in Poland. Based on own observations, he determined, e.g., the causes of drying of ponds and marshes, as well as of the formation of peat, limonitic iron and ocher, the origin of rivers in Lithuania and the presence of amber, and described a number of fossils. He provided the characteristics of geological deposits (now included in the Quaternary), described their origin and age, and drew attention to the issues of dynamic geology (e.g. erosional activity of rainwater, river erosion, formation of sand dunes). From the period of his eight-year stay in Lithuania, Gilibert also submitted observations on the climate of Lithuania, documented by temperature measurements. He indicated that the climate of this part of Europe was milder than the French believed, with clearly noticeable two seasons: winter and summer. He pointed out that the autumn rains give rise to muddy areas persisting to the end of November, and the most severe frost, usually several days long, occurs in late December and January, when the winds blow from the northeast. June and July are typically the hottest months, but the northern winds sometimes cause July ground frosts. He compared Lithuania's climate to that of the Alpine foreland. Gilibert was the first scholar who studied the natural environment of Lithuania based on scientific principles. Interesting are his observations on the amber resin, for example, unequivocal statement that amber is a resin, at the time when the idea was still much discussed. Worth noting are the geological elements in the physiographic description of Lithuania, published by Gilibert (1806) in Histoires des Plantes d

  7. Mapping optimal areas of ecosystem services potential in Vilnius (Lithuania)

    Science.gov (United States)

    Pereira, Paulo; Depellegrin, Daniel; Misiune, Ieva; Cerda, Artemi

    2016-04-01

    Maps are fundamental to understand the spatial pattern of natural and human impacts on the landscape (Brevik et al., 2016; Lavado Contador et al., 2009; Pereira et al., 2010a,b). Urban areas are subjected to an intense human pressure (Beniston et al., 2015), contributing to the degradation of the ecosystems, reducing their capacity to provide services in quality and quantity (Requier-Desjardins et al., 2011; Zhang et al., 2011). Environments that can provide a high number and quality of ecosystem services (ES) must be identified and managed correctly, since are spaces that can mitigate the impacts of human settlements and improve their quality. thus is of major importance have identify the areas that can provide better ES (Deppelegrin and Pereira, 2015). The aim of this work is to identify areas with high ES potential in Vilnius city. Here, we identified a total of 4 different land uses, agricultural areas (32.48%), water bodies (1.46%), forest and semi-natural (31.91%) areas and artificial surfaces (34.16%). CORINE land cover 2006 was used as base information to classify ES potential. The assessment of each land cover potential was carried out using expert assessment. Each land use type was ranked from 0 (no potential) to 5 (High potential). In this work the sum of total regulating, providing and cultural ES were assessed. The areas with optimal ES were the ones with the sum of all ranks equal or higher than the 3rd Quartil of each distribution. After identifying these areas, data was mapped using ArcGIS software. The results showed that on average Vilnius city has a higher potential for regulating services (20.35±15.92), followed by cultural (14.43±8.81) and providing (14.26±8.87). There was a significant correlation among the different type of services. Regulating vs cultural (0.92, psoil quality for urban agriculture in a vacant lot soil. Land Degradation and Development, DOI: 10.1002/ldr.2342 Brevik, E., Baumgarten, A., Calzolari, C., Miller, B., Pereira, P

  8. The Ironic Hypocrisy of Killing: How Sanctioned Counterinsurgency Policies of the Philippine War Ends in the Court-Martial of Major Littleton Waller

    Science.gov (United States)

    2013-04-01

    destroyed humans, crops, food stores, domestic animals , houses and boats. 77 Chaffee also appointed Brigadier General Jacob Smith who would command the...With shocking honesty, Taft conceded that cruelties had been inflicted by U.S. soldiers and that torture and killings were prominent throughout...different; of the completed court-martials reported by Root, all involved certain provisions of GO 100 forbiding “ cruelty , looting, and like crimes

  9. COURT INTERPRETING AT DENPASAR COURT

    Directory of Open Access Journals (Sweden)

    Ida Ayu Made Puspani

    2012-11-01

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

  10. "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

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    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.

  11. Historical, Social and Aesthetical Discourse in the Architecture of Vilnius Fountains

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    Antanas Stančius

    2016-04-01

    Full Text Available This article attempts to review connections between Vilnius city culture and water, as an architectural mean. It aims to determine social and aesthetical aspects of water in development of Vilnius architecture in the context of cultural flux and changing urbanistic concepts. The main research methods are the interpretation of texts, historical reflection and analysis of cartographic material. In Vilnius architecture, water reflects functional principles and artistic conceptions of various historical periods. The usage of water as an aesthetic means was commenced in Renaissance Vilnius sculpture fountains. During the Soviet period, regardless of the heritage and historical traditions, geometrically developed city structure destroyed individual character and aesthetic charm. By absolutizing of geometric forms, modern urbanists deprived the city of life and individuality. Aesthetic value of water had been annulled and fountains were designed solely on the basis of technical and ideological considerations. In the discourse of modern Lithuanian urbanism, return to the aesthetic dimension of water is observed along with innovative management schemes and technologies, ecology and art. In the conclusion it is revealed, that throughout history, it has formed only weak link between water and cultural identity. This resulted, that water, as architectural tool for social influence, was used more by external forces, rather than for internal Lithuanian cultural purposes. In the meantime, the discourse is forming, which could result in future developments of the issue.

  12. Understanding enhanced tourist experiences through technology: a brief approach to the Vilnius case

    Directory of Open Access Journals (Sweden)

    Ilona Beliatskaya

    2017-11-01

    Full Text Available The present research investigates the notion of enhanced tourist experiences through technology shedding light on co-creation practices and empowerment of customers. Neuhofer and Buhalis (2013 introduced a novel concept of technology-enhanced tourist experiences by generating a joint comprehension of new era of experiences which conjoin the elements of experiences, co-creation and technology. Being one of rather promoting cities in online environment Vilnius represents an interesting case of successive adoption of smart technologies in order to enhance tourist experiences and facilitate customer empowerment in Vilnius tourism domain. This study aims to determine technology-enhanced tourist experiences in order to measure factors of customer empowerment on the example of international incoming tourists to Vilnius (Lithuania. The mix-methods approach (qualitative online content and functionality analysis and quantitative survey was justified as being the most appropriate for the purpose of this research with intention to find a basis for applying of technology-enhanced tourist experiences in Vilnius tourism marketplace. The paper concludes with the definition of current level of ICTs application to enhance tourist experience co-creation and a discussion of practical implications of technology-enhanced tourist experiences development.

  13. Lithuania's first visa from 1990 on exhibit in the Vilnius airport / Rokas M. Tracevskis

    Index Scriptorium Estoniae

    Tracevskis, Rokas M.

    2010-01-01

    The Economisti ajakirjanik Edward Lucas, kellele väljastati esimene Leedu Vabariigi viisa numbriga 0001, andis selle viisaga passi Leedu välisministeeriumi muuseumile üle. 2011. aasta jooksul eksponeeritakse seda Vilniuse lennujaamas. Edward Lucase arvamusi Leedu poliitikast

  14. At the Supreme Court.

    Science.gov (United States)

    Williams, Charles F.

    2000-01-01

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

  15. Inappropriate habits of antibiotic use among medical specialists and students in Vilnius

    OpenAIRE

    Barkus, Art?ras; Lisauskien?, Ingrida

    2016-01-01

    Introduction. The resistance to antibacterial drugs is an emerging worldwide problem. Numbers of inappropriate ways to use antibiotics contribute to this issue. Self-medication is one of them. This study seeks to find out how prevalent the self-medication with antibiotics, their storage at home and the inappropriate acquisition of antibacterial drugs are among medical specialists in Vilnius, Lithuania. Methods. A cross-sectional survey was conducted. To better identify the potential target gr...

  16. Incidence and direct hospitalisation costs of hip fractures in Vilnius, capital of Lithuania, in 2010

    Directory of Open Access Journals (Sweden)

    Tamulaitiene Marija

    2012-07-01

    Full Text Available Abstract Background Few epidemiological data on hip fractures were previously available in Lithuania. The aim of this study was to estimate the incidence and hospital costs of hip fractures in Vilnius in 2010. Methods Data were collected from the medical charts of all patients admitted to hospitals in Vilnius (population, 548,835 due to new low-energy trauma hip fracture, during 2010. The estimated costs included ambulance transportation and continuous hospitalisation immediately after a fracture, which are covered by the Lithuanian healthcare system. Results The incidence of new low-energy trauma hip fractures was 252 (308 women and 160 men per 100,000 inhabitants of Vilnius aged 50-years or more. There was an exponential increase in the incidence with increasing age. The overall estimated cost of hip fractures in Vilnius was 1,114,292 EUR for the year 2010. The greatest part of the expenditure was accounted for by fractures in individuals aged 65-years and over. The mean cost per case was 2,526.74 EUR, and cost varied depending on the treatment type. Hip replacement did not affect the overall mean costs of hip fracture. The majority of costs were incurred for acute (53% and long-term care (35% hospital stays, while medical rehabilitation accounted for only 12% of the overall cost. The costs of hip fracture were somewhat lower than those found in other European countries. Conclusion The data on incidence and costs of hip fractures will help to assess the importance of interventions to reduce the number of fractures and associated costs.

  17. [Legal ramifications of medical end-of-life decisions in dementia--orientational certainty through the latest decisions of the German Supreme Court?].

    Science.gov (United States)

    Kratz, T; Vogel, R; Eberling, J; Tröster, M

    2013-12-01

    Taking care of dying people is one of the most difficult obligations of the physician, especially if these patients are suffering from dementia and accordingly when their current capacity to consent is arguable. In this field, numerous ethical and forensic problems arise that have to be considered. Legal medical end-of-life decisions that potentially shorten life (Sterbehilfe) are divided into two categories: direct "Sterbehilfe" refers to stopping life-prolonging measures. Indirect "Sterbehilfe" describes the use of agents to alleviate symptoms of a terminally ill patient which may however, shorten life expectancy. A physician terminating a patient's life based on his own decision and authority of action always acts illegally. This paper describes the current discussion on this issue in Germany considering the medical and legal aspects of it while focussing on patients suffering from dementia and their ability to form and to articulate their own will. © Georg Thieme Verlag KG Stuttgart · New York.

  18. Combined heat and power plants evaluation: Lithuania State Power System, Vilnius, Lithuania. Export trade information

    Energy Technology Data Exchange (ETDEWEB)

    1993-11-01

    The report, written by Stone and Webster Engineering Corporation, was funded by the U.S. Trade and Development Agency on behalf of the Lithuania State Power System (LSPS). It is an evaluation of the Vilnius, Kaunas, Klaipeda, and Mazaikai Heating and Power Plants. The study addresses serious operating and maintenance concerns and includes a list of recommendations based on discussions with LSPS plant personnel and direct observations by engineers. The volume focuses on potential improvement project implementation schedules, technical details, cost estimates and economic justification for the recommended modifications.

  19. CCD photometry in the Vilnius photometric systems. II. Analysis of a region in Lyra

    Energy Technology Data Exchange (ETDEWEB)

    Smriglio, F.; Dasgupta, A.K. (Rome Univ. (IT). Ist. Astronomico); Nandy, K. (Royal Observatory, Edinburgh (UK)); Boyle, R.P. (Vatican Observatory, Rome (IT)); Straizys, V.; Janulis, R. (AN Litovskoj SSR, Vilnius (SU). Inst. Fiziki)

    1991-04-01

    Two-dimensional classification of 216 stars down to 17 mag based on their seven color photoelectric and CCD photometry in the Vilnius system is presented. Except for normal stars, several subdwarfs, metal-deficient giants, and stars of other peculiarities are suspected. Interstellar extinction is determined for normal stars in two areas north and south of globular cluster M56, as well as for a 1 square degree area around M56. The mean value of A{sub v} outside the galactic dust layer is {similar to} 0.75 mag.

  20. 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.

  1. 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....

  2. 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

  3. Supreme Court Trends.

    Science.gov (United States)

    Richardson, L. Anita

    1997-01-01

    Identifies and discusses recent decisions and upcoming cases of the Supreme Court that are likely to be of interest to teachers. Educational issues addressed include Internet access and censorship, affirmative action, sexual harassment, drug testing, and the separation of church and state. Includes a brief description Supreme Court duties. (MJP)

  4. Organizations, Decisions, and Courts

    Science.gov (United States)

    Mohr, Lawrence B.

    1976-01-01

    Discusses the applicability of organizational theory to the analysis of American courts. Considers various decision-making models as they apply to courts, including the "firm,""rational,""garbage can," and "political" models. Available from Executive Office, Law and Society Association, University of Denver College of Law, 200 West 14th Avenue,…

  5. Urban background levels of particle number concentration and sources in Vilnius, Lithuania

    Science.gov (United States)

    Byčenkienė, Steigvilė; Plauškaitė, Kristina; Dudoitis, Vadimas; Ulevicius, Vidmantas

    2014-06-01

    This study presents results of research on urban aerosol particles with a focus on the aerosol particle number concentration (PNC) and the particle size distribution. The real time measurements of aerosol PNC (> 4.5 nm) and number size distributions (9-840 nm) were performed. The seasonal variations essentially comprised the minimum monthly mean in October 2010 (3400 ± 3000 cm- 3) and the maximum in April 2011 (19,000 ± 15,000 cm- 3). The mean annual PNC was 10,000 ± 8000 cm- 3 with an average mode size of 30-50 nm. The presence of strong diurnal patterns in aerosol PNC was evident as a direct effect of three sources of aerosol particles (nucleation, traffic, and residential heating). Hybrid receptor modeling potential source contribution function (PSCF) and concentration weighted trajectory (CWT) were used by incorporating 72-h backward trajectories and measurements of PNC in Vilnius. The results of trajectory clustering and the PSCF method demonstrated that possible additional source areas contributing to the elevated particle number concentration in Vilnius could be industrial areas in central Europe. Principal component analysis (PCA) revealed highest loadings for PNC, PM10, NOx, NO, NO2 and SO2 concentrations, indicating combustion processes occurring in vehicle engines and use of sulfur-containing fossil fuels for residential heating.

  6. Mathematical Estimation of Mobility of Peasants in Vilnius Governorate in the 19th Century

    Directory of Open Access Journals (Sweden)

    Kanišauskas Vaidotas

    2016-12-01

    Full Text Available The article deals with the problem of local mobility of peasants in Vilnius Governorate in the nineteenth century. To solve the problem, statistical-demographical data from the “Memory Books” permanently issued by the Tsarist Russian government was used. Pure demographic data brings little information, unless it is properly mathematically processed. Such processing leads to the discovering of new proportions concerning inhabitants, villages and farmsteads. Such proportions are related to the administrative territorial unit under investigation and show how many people reside in a farmstead and how many farmsteads are comprised in a village. In the course of time, numbers of villages and farmsteads change, and these numbers show the numbers of people taking part in local mobility of inhabitants. The higher are changes in villages and farmsteads, the higher is mobility of inhabitants.

  7. History of the Botanic Garden of the Stefan Batory University in Vilna (Vilnius (1919–1939 (in Polish

    Directory of Open Access Journals (Sweden)

    Alicja Zemanek

    2016-11-01

    , additionally – in the 1920s – the arboretum, as well as sections of aquatic and bog plants. A glasshouse was erected in 1926–1929 to provide room for plants of warm and tropical zones. The groups representing the various types of vegetation illustrated the progress in ecology and phytosociology in the science of the period (e.g. in the ecology section, the Raunkiaer’s life forms were presented. The number of species grown increased over time, from 1,347 in 1923/1924 to approx. 2,800 in 1936/1937. Difficult weather conditions – the severe winter of 1928 as well as the snowless winter and the dry summer of 1933/34 contributed to the reduction of the collections. The ground collections, destroyed by flood in spring of 1931, were restored in subsequent years. Initially, the source of plant material was the wild plant species collected during field trips. Many specimens were also obtained from other botanical gardens, such as Warsaw and Cracow (Kraków. Beginning from 1923, printed catalogues of seeds offered for exchange were published (cf. the list on p. ... . Owing to that, the Garden began to participate in the national and international plant exchange networks. From its inception, the collection of the Garden was used for teaching purposes, primarily to the students of the University, as well as for the botanical education of schoolchildren and the general public, particularly of the residents of Vilna. Scientific experiments on phytopathology were conducted on the Garden’s plots. After Vilna was incorporated into Lithuania in October 1939, the Lithuanian authorities shut down the Stefan Batory University, thus ending the history of the Polish Botanic Garden. Its area is now one of the sections of the Vilnius University Botanic Garden (“Vingis” section – Vilniaus universiteto botanikos sodas. In 1964, its area was extended to 7.35 hectares. In 1974, after establishing the new Botanic Garden in Kairenai to the east of Vilnius, the old Garden lost its

  8. MANAGING CHANGE IN ACADEMIC LIBRARY: THE CASE OF VILNIUS UNIVERSITY LIBRARY

    Directory of Open Access Journals (Sweden)

    Marija Prokopčik

    2014-04-01

    Full Text Available ABSTRACTPurpose: The main objective of this article is to ascertain some most significant fields of the academic library activities, which have (or could have an impact on strengthening the library’s role as a partner in academic community, as well as to perform assessment of Vilnius University Library (thereinafter VUL capacities in order to see what kind of current or future activities performed by the library may contribute to the building-up of such role in Vilnius University (thereinafter VU community.Methodology/approach: Analysis of LIS professional literature of the latter five years reveals the key trends in development of academic libraries, their innovative change and challenges – partnerships of open access, managing of research data; research support; research assessment, Library scientific research, as well as allows to perform situation analysis of one particular library in order to see if and at what scale these identified trends can be traced in VUL.Results: It was established that VUL contributes to the idea and practical implementation of open access, collaborates with VU and Lithuania’s academic community in the projects of research data management, takes an active part in carrying out bibliometric research, helps to form a range of research support services, promotes the Library’s scholarly research and contributes to formation of the institution’s research potential.Research limitation: This article focuses on analysis of one academic library (VUL and its activities. Such issues like studies support, library as a space for communication, professional assistance in research events organization, improvement of information and media literacy were deliberately not covered.Originality/practical implications: Identification of common trends and measures of their practical implementation in one particular institution may be useful for other libraries planning the strategy of change and (or implementing selected solutions.

  9. Realization of the Vilnius photometric system for CCD-observations of selected sky areas at the Andrushivka Astronomical Observatory

    Science.gov (United States)

    Andruk, V.; Butenko, G.; Gerashchenko, O.; Ivashchenko, Yu.; Kovalchuk, G.; Lokot', V.; Samoylov, V.

    2005-06-01

    We describe a set of glass UPXYZVS filters of the Vilnius photometric system of the Andrushivka Astronomical Observatory in Zhytomyr Region (Ukraine) [7]. They are installed at the Zeiss-600 Cassegrain reflector together with the 15-bit 1024×1024 CCD-camera S1C-017. The response curves of instrumental photometric systems are presented and a comparison of them with a standard system are analysed. Test observations in the Vilnius system of the star cluster IC 4665 with the Andrushivka filters were carried out in May--June 2003. The MIDAS/ROMAFOT and ASTROIMAGE software is adapted for digital processing of CCD-images of stellar fields. Comprehensive ground-based observations are being planned to design a catalogue of primary UPXYZVS CCD-standards in selected areas of the sky where are with radio sources, globular and open clusters, etc.

  10. RESEARCH INTO THE READING PROCESS OF OF THE ACADEMIC COMMUNITY OF THE OLD VILNIUS UNIVERSITY: ASPECTS OF HISTORIOGRAPHY

    OpenAIRE

    Krakyte, Asta

    2006-01-01

    The article provides a general overview of the research into the reading process of the academic community of Vilnius University in 1579–1832 derived from significant research in librarianship andbook science. It presents sources and strategies to reveal the multifaceted relations existing between literature, the reader, priorities, the environment, results, etc. This article also analyzes works in humanities and social sciences with significantly reliable data related to particular aspects o...

  11. Motives for the Choice of Studies – Unique Study Programmes and Their Publication (the Survey of Vilnius Gediminas Technical University

    Directory of Open Access Journals (Sweden)

    Rasa Levickaitė

    2011-06-01

    Full Text Available In the school year of 2009–2010 Vilnius Gediminas Technical University initiated the the survey of motives for studies at this university. The aim of the research is to conduct a survey among first year undergraduate students and find out motives for their choise to study at Vilnius Gediminas Technical University. Due to weaknesses of national science and studies system, devaluation of diplomas, outdated teaching methods, scien- tific research unproductivity and simulation, lack of attention to the student, ineffective study loans system, discrimination of private study institutions and their students, etc., a new Science and Study Law was initiated in 2009. Thus new challenges to the country, universities, and university communities arise. Future students are becoming more aware studying opportunities both within the country and abroad. Motives and choices of studies are determined by more complex approaches and levers. The article analyses a survey is based on responses of first year undergraduates of Vilnius Gediminas Technical University. The objective of the survey is to find out why and how students have chosen to study at this university. The purpose of the article is to identify these motives, provide analysis and assessment of survey data.

  12. The Map of Vilnius Graffiti as an Indicator of Social Urban Change: the Case Study of Naujininkai Neighborhood

    Directory of Open Access Journals (Sweden)

    Veronika Urbonaitė-Barkauskienė

    2014-05-01

    Full Text Available This article, theoretically based on socio-spatial concepts of Lefebvre, de Certeau and their further interpreta - tions at the New Urban Sociology school (by Gottdiener, Zukin and others, examines the spread of graffiti in the urban space of Vilnius, the change of the local graffiti map during the years 2010–2013 and the possible social implications of the spotted modification of urban landscape. The qualitative research of Vilnius graffiti – which is understood both as an urban practice and an illicit urban inscription – and the case of Naujininkai neighborhood in particular, is based on data obtained from 1 in-depth interviews with experienced graffiti artists, 2 observation of graffiti in public space and 3 visual urban ethnography. Naujininkai neighborhood was attributed by local graffiti writers to the urban periphery in Vilnius graffiti map in 2010. However in 2010–2013 the visual development of urban landscape in Naujininkai indicates the trend, bringing the neigh- borhood a little closer to the urban core.

  13. National Youth Court Guidelines.

    Science.gov (United States)

    Godwin, Tracy M.

    Youth courts provide communities with an opportunity to impose immediate consequences for first time youthful offenders, while providing a peer operated disposition mechanism that constructively allows young people to take responsibility, be held accountable, and make amends for violating the law. Dispositions hold youth accountable in part…

  14. Court of Public Opinion

    Science.gov (United States)

    Oguntoyinbo, Lekan

    2011-01-01

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

  15. The Constitutional Court and the Imperative of its Reform

    Directory of Open Access Journals (Sweden)

    Claudia Gilia

    2012-12-01

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

  16. Heavy metal contamination in surface runoff sediments of the urban area of Vilnius, Lithuania

    Directory of Open Access Journals (Sweden)

    Gytautas Ignatavičius

    2017-02-01

    Full Text Available Surface runoff from urbanized territories carries a wide range of pollutants. Sediments in untreated runoff from direct discharge stormwater systems significantly contribute to urban waterway pollution. In this study, heavy metal (Pb, Zn, Cu, Cr, Ba, As and Fe contamination in surface runoff sediments of the urban area of the city of Vilnius was investigated. The surface runoff sediment samples were collected from seven dischargers with the highest volume rate of water flow and concentrations of suspended solids. The geospatial analysis of the distribution of heavy metals shows that there are several active pollution sources supplying the dischargers with contaminated sediments. Most of these areas are located in the central part of the city and in old town with intense traffic. Principal components analysis and t-test results clearly depicted the significantly different chemical compositions of winter and autumn surface sediment samples. The sampling approach and assessment of results provide a useful tool to examine the contamination that is generated in urban areas, distinguish pollution sources and give a better understanding of the importance of permeable surfaces and green areas.

  17. Retrorectal tumours: literature review and Vilnius university hospital "Santariskiu klinikos" experience of 14 cases

    Directory of Open Access Journals (Sweden)

    Strupas K

    2011-05-01

    Full Text Available Abstract Objective Retrorectal tumours are rare lesions in adults. The diagnosis of retrorectal lesion is often difficult and misdiagnosis is common. We present significant number of cases in view of scarce information available on this matter. Methods 14 patients were treated at Vilnius university hospital "Santariskiu klinikos" Centre of abdominal surgery from 1997 to 2010. The case notes of patients who underwent surgery for a retrorectal tumour were reviewed retrospectively. Surgical histories, operations, histological tumour type, surgical time, weight of the specimen, blood loss, length of stay were analysed. Results 13 patients underwent laparotomy, 1 patient had combined perineal approach and laparotomy. The most common types of the tumour were fibroma (3 cases, leiomyosarcoma (2 cases. 5 tumours (35,7% were found to be malignant. 57% of the patients had undergone at least one operation prior to definitive treatment. 5 female patients were initially admitted under gynaecologists. Hospital stay varied from 14 days to 22 days (mean 16,2 days. A report of a representative case is presented. Conclusions Retrorectal lesions in female patients can mimic gynaecological pathology. Patients with this rare pathology are to be treated in a major tertiary hospital by surgeons, who are able to operate safely in the retrorectal space.

  18. Inappropriate habits of antibiotic use among medical specialists and students in Vilnius.

    Science.gov (United States)

    Barkus, Artūras; Lisauskienė, Ingrida

    2016-01-01

    The resistance to antibacterial drugs is an emerging worldwide problem. Numbers of inappropriate ways to use antibiotics contribute to this issue. Self-medication is one of them. This study seeks to find out how prevalent the self-medication with antibiotics, their storage at home and the inappropriate acquisition of antibacterial drugs are among medical specialists in Vilnius, Lithuania. A cross-sectional survey was conducted. To better identify the potential target groups, the respondents were classified according to their relation to medical care: physicians, other medical personnel, medical students and people, directly not related to medical care. The overall actual self-medication with antibiotics rate was 4.0%. And, although the actual self-medication rate might seem rather low, the intended self-medication rate was 51.4%. Also, a prevalent antibacterial drugs storage at home (45.8%) with a wide variety of preparations was reported. Only 61.9% respondents received prescriptions for antibiotics from their treating physician. 7.6% used the non-prescribed medicines and 22.0% received a prescription from a physician, who was either their colleague or a familiar person. Inappropriate habits of antibiotic use are prevalent. While there were some differences between the research groups, most of them were not statistically significant. It means that measures should be taken targeting health care givers as well as the general population. Educational programs about the rational use of antibiotics may help reducing the improper habits of antibacterial drugs usage, including self-medication. Encouraging the electronic drug prescription may be beneficial while reducing the prevalent inappropriate acquisition of antibiotics.

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

    Directory of Open Access Journals (Sweden)

    Cate Sumner

    2011-12-01

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

  20. PUBLICATIONS OF MYKOLAS BIRZISKA IN VILNIUS PRESS AT THE BEGINNING OF THE 20TH CENTURY: FEATURES OF THE INTELLECTUAL BIOGRAPHY

    Directory of Open Access Journals (Sweden)

    Kvietkauskas, Mindaugas

    2006-12-01

    Full Text Available Mykolas Birziska (1882–1962 was a prominent Lithuanian scholar and politic, a signatory of the Act of Independence (1918, a member of Lithuanian Council (1917–1920, director of the first Lithuanian Gymnasium of Vytautas the Great in Vilnius (1915–1922, professor and rector of Kaunas and Vilnius universities. This articles deals with his early journalistic activities and editorship in the press in Vilnius before the outbreak of the First World War, and seeks to analyze the formation of his intellectual and political attitudes. In 1905, being a member of the Party of Lithuanian Social Democrats, Birziska began his journalistic career in socialist press. In 1906 heedited a party newspaper “Echo” in Polish language, where his specific interest in cooperation between different nationalities first became vivid. At the same time he began contributing to theliberal and antinationalist newspaper of the Polish krajovtsy movement “Gazeta Wileñska” (edited by Michal Römer, that argued for the political equality and tolerant cultural coexistence of allthe national groups in Lithuania. After the closure of “Gazeta Wileñska”, Birziska in 1907–1908 cooperated with another liberal daily in Russian language “Severo-Zapadnyj Golos”. Writing in threelanguages and simultaneously contributing to Lithuanian, Polish, and Russian press, Birziska exercised a specific role of a publicist as a mediator between different cultural groups in the multinational city. Professional analysis of the national conflicts, the principals of cultural tolerance and liberal antinationalist outlooks became the dominant features of his trilingual journalistic texts. Consequently, Birziska seeked to realize these intellectual attitudes working at the Lithuanian daily “Vilniaus zinios” in 1908 and especially editing the journal “Visuomene” (1910–1911 for the Lithuanian leftist intelligentsia. Birziska’s journalistic activities and his early intellectual

  1. Chinese court case fiction

    DEFF Research Database (Denmark)

    Hansen, Kim Toft

    2011-01-01

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

  2. Mapping Cultural Ecosystem Services in Vilnius using Hot-Spot Analysis.

    Science.gov (United States)

    Pereira, Paulo; Depellegrin, Daniel; Egarter-Vigl, Lukas; Oliva, Marc; Misiune, Ieva; Keesstra, Saskia; Estebaranz, Ferran; Cerda, Artemi

    2017-04-01

    Cultural services in urban areas are very important to promote tourism activities and develop the economy. These activities are fundamental for the sustainability of the urban areas since can represent an important monetary source. However, one of the major threats to the sustainability of cultural services is the high amount of visitants that can lead to a degradation of the services provided (Depellegrin et al., 2016). Mapping the potential of cultural ecosystems services is fundamental to assess the capacity that the territory have to provide it. Previous works used land use classification to identify the ecosystem services potential, and revealed to be a good methodology to attribute to each type of land use a specific capacity (Burkhard et al., 2008). The objective of this work is to map the cultural services in Vilnius area using a hot-spot analysis. Ecosystem services potential was assessed using the matrix developed by Burkhard et al. (2009), which ranks ES capacity from 0= no capacity to 5=very high relevant capacity to a different land use type. The results showed that with the exception of Cultural Heritage ecosystem services that had a random pattern (Z-score=0.62, pTourism (Z-score=4.02, pTourism ecosystem services had the maximum spatial correlation at the distance of 5125.12 m, Landscape Aesthetics at 3495.70 m, Knowledge Systems at 5218.66 m, Religious and Spiritual at 3495.70 m, Cultural Heritage at 6746.17 m and Natural Heritage at 6205.82 m. This showed that the cultural services studied have a different spatial correlation. References Burkhard B, Kroll F, Müller F, Windhorst W. 2009. Landscapes' capacities to provide ecosystem services- a concept for land-cover based assessments. Landscape Online. 15, 1-22. Depellegrin, D.A., Pereira, P., Misiune, I., Egarter-Vigl, L. Mapping Ecosystem Services potential in Lithuania. International Journal of Sustainable Development and World Ecology, 23, 441-455.

  3. RESEARCH INTO THE READING PROCESS OF OF THE ACADEMIC COMMUNITY OF THE OLD VILNIUS UNIVERSITY: ASPECTS OF HISTORIOGRAPHY

    Directory of Open Access Journals (Sweden)

    Krakyte, Asta

    2006-12-01

    Full Text Available The article provides a general overview of the research into the reading process of the academic community of Vilnius University in 1579–1832 derived from significant research in librarianship andbook science. It presents sources and strategies to reveal the multifaceted relations existing between literature, the reader, priorities, the environment, results, etc. This article also analyzes works in humanities and social sciences with significantly reliable data related to particular aspects of the issue.After investigating works of Lithuanian and Polish scientists M. Brensztejn, L. Piechnik, M. Birziska, L. Vladimirovas, P. Rabikauskas, D. Kuolys, etc., and comparing their deductions, it was observed that reading at Vilnius University in 1579–1832 was influenced by programs of sciences and official regulations of the Jesuit order no less than by local conditions. It is important to emphasize the remarkable influence of the characteristic classical model of education, applied at the University since 1579 and based on the learning of Latin, Greek and Hebrew language. Some changes were made to the local system of education since the middle of the 18th century due to the influence of the Piar order, but Jesuit authority directed the institution until 1832. Referred articles show that the process of education in Vilnius University was intended to promote a high level of maturity of the reader. During the process of learning new languages, students went through different stages of reading, improving their skills by interpretation and analysis. This was further cultivated in disputations, theatre performances and promoted by creating new texts, especially occasional publications. This process is reflected in numerous publications and manuscripts written by professors and students. Data accumulated in referred articles show that the usage of literature by academic community was influenced by books collated by University Library and traditional

  4. European courts and old people.

    Science.gov (United States)

    Mulley, Graham P

    2013-09-01

    There are two major European Courts, the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR). The ECJ deals with legal matters, mainly involving the interpretation of EU law and ensuring that the law is applied evenly across all 27 EU member states. The ECHR aims to make certain that civil and political rights of citizens in the 46 member states of the Council of Europe are observed. Most cases involving older citizens are about social policy (such as pension arrangements, equality, age discrimination and mandatory retirement). There have been few cases dealing with patients' rights, long-term care or housing. Referrals of selected cases involving old people should be considered if their rights are not being protected. In this Commentary, there is an account of how these Courts have evolved, together with guidance on whom to refer, to which Court, and when and how referrals should be made.

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

    Science.gov (United States)

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

    2013-02-01

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

  6. Realization of Vilnius UPXYZVS photometric system for AltaU42 CCD camera at the MAO NAS of Ukraine

    Science.gov (United States)

    Vid'Machenko, A. P.; Andruk, V. M.; Samoylov, V. S.; Delets, O. S.; Nevodovsky, P. V.; Ivashchenko, Yu. M.; Kovalchuk, G. U.

    2005-06-01

    The description of two-inch glass filters of the Vilnius UPXYZVS photometric system, which are made at the Main Astronomical Observatory of NAS of Ukraine for AltaU42 CCD camera with format of 2048×2048 pixels, is presented in the paper. Reaction curves of instrumental system are shown. Estimations of minimal star's magnitudes for each filter's band in comparison with the visual V one are obtained. New software for automation of CCD frames processing is developed in program shell of LINUX/MIDAS/ROMAFOT. It is planned to carry out observations with the purpose to create the catalogue of primary UPXYZVS CCD standards in selected field of the sky for some radio-sources, globular and open clusters, etc. Numerical estimations of astrometric and photometric accuracy are obtained.

  7. 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....

  8. Law Enforcement Efforts Against Contempt Of Court As The Judges Shield In Indonesian Justice System

    Directory of Open Access Journals (Sweden)

    Wisnu Baroto

    2015-08-01

    Full Text Available Abstract The contempt of court basically is one of criminal offenses against the administration of justice which as a whole deals with the criminal justice system. The contempt of court cases that occurred in Indonesia but the enforcement of the law against the contempt of court is an issue that is never-ending. The provisions of contempt of court are necessary to ensure the position trust authority and integrity of the court in the judicial process including all matters relating to the judicial process. Guarantee that once the public interest to take action against any violation as an endorsement of the judicial process the rights of the public to ensure a fair trial and protecting privacy. On the other hand there is also a public interest that cant be ignored in any democratic society namely the right to freedom of speech and expression. A manifestation of contempt of court is a speech writing pictures or other expressions that can be categorized as a contempt of court. In other words contempt of court is a restriction of the right to freedom of speech opinion and expression. How to limit the collision of the purposes of enforcing the provisions of contempt of court with the right to freedom of speech freedom of opinion and expression. Preparation of deeds category and procedures for enforcement of contempt of court must be specifically and carefully.

  9. The International Criminal Court, Justice, Peace and the Fight ...

    African Journals Online (AJOL)

    by establishing an international criminal law section mandated to deal with international crimes within the African Court on Human and Peoples' Rights is unlikely to end impunity and promote peace on the continent. Résumé. L'année 2013 marquait le cinquantième anniversaire de l'Organisation de l'Unité Africaine qui fut ...

  10. The International Criminal Court, Justice, Peace and the Fight ...

    African Journals Online (AJOL)

    Based on its human rights record, this article argues that the AU's attempt to bypass the ICC by establishing an international criminal law section mandated to deal with international crimes within the African Court on Human and Peoples' Rights is unlikely to end impunity and promote peace on the continent.

  11. Paris court attacks abortion law.

    Science.gov (United States)

    Dorozynski, A

    1995-07-15

    A Paris court last week challenged a 1993 law that makes it a criminal offense to obstruct abortions. The court acquitted nine anti-abortion protestors who had broken into the maternity ward of the public hospital Pitie-Salpetriere last November and prayed at the entrance of a ward where patients are admitted for abortions. The judges ruled that the protestors had not interfered with abortions being carried out because none were taking place at the time of the demonstration; furthermore, the judges stated, because the fetus could be considered a person (child), the protestors were protected by other laws which give immunity to those breaking a law in order to protect another person's life, or to defend a child that had been abandoned. The court continued to say that a fetus should be protected, whether or not it was considered a person, because it was definitely more than nothing. The Syndicat de la Magistrature, the association of French magistrates, believes the tribunal has denied the right to abortion guaranteed in the 1975 law. Veronique Neietz, who drafted the 1993 law, was "scandalized" by the decision and believes the decision of the court was made in retribution for a recent parliamentary decision to exclude anti-abortion protestors from the general amnesty given after presidential elections to minor offenders. During the same week of this court decision, two tribunals, in Lyons and in Bourg-en-Bresse, sentenced 45 anti-abortionists to suspended prison terms with fines.

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

    Science.gov (United States)

    Nessel, Paula A.

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

  13. Intercultural pragmatics and court interpreting

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2008-01-01

      This paper reports on an on-going investigation of conversational implicature in triadic speech events: Interpreter-mediated questionings in criminal proceedings in Danish district courts. The languages involved are Danish and English, and the mode of interpreting is the consecutive mode....... The court interpreters are all state-authorized court interpreters and thus fully competent professionals.   The centrality of pragmatics in triadic speech events has been demonstrated by a number of studies (e.g. Berk-Seligson 2002, Hale 2004, Jacobsen 2002). Thus, conversational implicatures, which...... are a normal part of any interaction, occur also in courtroom interaction where questions and answers are not always entirely explicit and straightforward. However, preserving degrees of ambiguity and non-explicitness is very difficult for interpreters who may have to resort to certain strategies to translate...

  14. National Courts and EU Law

    DEFF Research Database (Denmark)

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

  15. Reform of the European Court of human rights

    Directory of Open Access Journals (Sweden)

    Mojsilović Marijana

    2013-01-01

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

  16. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    ) 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...... 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...

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

    DEFF Research Database (Denmark)

    Butler, Graham

    2017-01-01

    Articles 259 and 273 TFEU allow for the jurisdiction for the Court of Justice of the European Union to adjudicate on inter-state disputes between EU Member States, subject to the fulfilment of certain conditions set down in the treaties. Article 259 TFEU relates to inter-state enforcement of Unio...

  18. Mental hygiene movement as a (r)evolutionary trend in public health in interwar Kaunas and Vilnius from 1918 to 1939.

    Science.gov (United States)

    Žalnora, Aistis; Miežutavičiūtė, Vitalija

    2016-01-01

    The health care system of the interwar period is distinguished by its revolutionary attempts to overcome social diseases and social hardships in general. In the researches published after the Second World War, different and in some cases even contradicting ideas on mental hygiene and eugenics were mixed together and were associated - almost exclusively - with the Nazi's racist ideology, totalitarian, or authoritarian regimes. The assessments of social-medical policy of the interwar period in the Baltic region also became rather one-sided. Felder's recent study (1) gives the impression that changes in psychiatry in Lithuania were caused by the Nazi's eugenics as a single agent. However, there were other factors. One of the most significant ones was the mental hygiene movement that will be discussed in this paper. In this research we used descriptive and comparative methods. After the First World War, the problem of treatment of the mentally ill was a medical and a social issue that required a completely new approach both in Lithuania and in Vilnius. The most notable manifestation of such a new attitude in psychiatry was a mental hygiene movement. University scientists in Vilnius and Kaunas were discussing issues of mental hygiene. The mental hygiene movement of the early 20th century played an important role in the later development in psychiatry and medical sciences. The ideas published by the medical doctors in Kaunas and Vilnius were partly characteristic of the interwar period, although some of them went far ahead of their times.

  19. Juvenile Delinquency, the Juvenile Courts and the Settlement Movement 1908 – 1950: Basil Henriques and Toynbee Hall

    OpenAIRE

    Bradley, Kate

    2007-01-01

    This article explores the relationship between the voluntary sector and the juvenile courts in the period c.1908 to 1950. It specifically examines the relationship between the settlement movement and the early juvenile courts by analysing the Inner London Juvenile Court, which sat at Toynbee Hall, a settlement in the East End of London, between 1929 and 1953. The settlements, which brought young graduates to deprived urban areas to undertake voluntary social work, were heavily involved in boy...

  20. Juvenile Courts. Creation and development

    Directory of Open Access Journals (Sweden)

    Montserrat GONZÁLEZ FERNÁNDEZ

    2013-11-01

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

  1. Pragmatics in Court Interpreting: Additions

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2003-01-01

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

  2. Freer markets, more court rulings?

    NARCIS (Netherlands)

    Hildebrand, Y.

    2010-01-01

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

  3. Beyond court digitalization with ODR

    Directory of Open Access Journals (Sweden)

    Dory Reiling

    2017-05-01

    Full Text Available “I felt so sorry for you, such a lovely tool, and then you have no users!” This was one of the comments after my presentation of the eKantonrechter at ODR2016, organized by HIIL in the Hague in May 2016. ODR, online dispute resolution, was presented as a tool to solve all problems in the 4th Trend Report by HIIL after the conference. A weblog, however, commented that ODR had raised hopes in its early promoters, but had not really taken off. ODR is a tool to help parties in de dispute resolve their problem. There are various examples of ODR tool: supporting double blind bidding to determine a sum of money, working out divorce settlements, negotiating a solution and taking a case to court. Interesting research questions abound in the area of ODR and its users: What paths do people take when trying to resolve a problem? How can people have ownership of their court procedure? How can solutions, ODR and court procedures, best be tailored to the type of problem? The article describes the development of the e-Kantonrechter, a digital small claims procedure, as an example. ODR and its users is a field in which law and society researchers can effectively contribute to improving digital problem solving and dispute resolution procedures in court.

  4. 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…

  5. International Justice through Domestic Courts:

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2015-01-01

    of Human Rights immediately followed with an opposing view in the Araguaia case, declaring that the amnesty law lacks effect under the American Convention on Human Rights. Brazilian society now faces an unprecedented challenge: can it expect its domestic courts to implement such international obligations...

  6. Radionuclides in the ground-level atmosphere in Vilnius, Lithuania, in March 2011, detected by gamma-ray spectrometry.

    Science.gov (United States)

    Gudelis, A; Druteikienė, R; Lujanienė, G; Maceika, E; Plukis, A; Remeikis, V

    2012-07-01

    This study presents the ground-level air monitoring results obtained in Vilnius, the capital of Lithuania, on 14 March-14 April 2011 after the recent earthquake and subsequent Tsunami having a crucial impact on Japanese nuclear reactors at the Fukushima Daiichi Nuclear Power Plant (NPP) on 11 March 2011. To collect representative diurnal aerosol samples a powerful sampling system ensuring the air filtration rate of 5500 m(3) h(-1) was used. The following artificial gamma-ray emitting radionuclides have been determined: (129m)Te, (132)Te (in equilibrium with its daughter (132)I), (131)I, (134)Cs, (136)Cs and (137)Cs. Activity concentration of the globally distributed fission product (137)Cs has increased from a background value of 1.6 μBq m(-3) to the value of 0.9 mBq m(-3) at the beginning of April. The activity ratio (134)Cs/(137)Cs was found to be close to 1, with a slightly higher activity of (134)Cs. The maximum aerosol-associated (131)I activity concentration of 3.45 mBq m(-3) was by four orders of magnitude lower than that measured at the same location in April-May 1986 as a consequence of the Chernobyl NPP accident. The estimated gaseous fraction of iodine-131 constituted about 70% of the total (131)I activity. Copyright © 2011 Elsevier Ltd. All rights reserved.

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

    Directory of Open Access Journals (Sweden)

    Peter H. Solomon

    2008-10-01

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

  8. The Never Ending Fight; Court Ordered Parenting Plan

    African Journals Online (AJOL)

    DrNneka

    ordered parenting in Nigeria with particular attention to the comparative positions at common law, under statute and within the realm of customary law. It also x-rays the sociological and psychological considerations and factors at play in such proceedings especially as it relates to the part of the parting, contending parties ...

  9. 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...

  10. Religious hiring exemption upheld: anatomy of a Supreme Court ruling.

    Science.gov (United States)

    Chopko, M E

    1988-01-01

    In 1980 the Church of Jesus Christ of the Latter-day Saints (LDS Church) notified five employees that they could no longer continue in church employment because they would not or could not attend the temple as members in good standing. Together, the five filed suit in federal district court in Utah, alleging that the LDS Church discriminated against them on religious grounds in violation of Title VII of the federal Civil Rights Act of 1964, which generally prohibits discrimination in employment on the basis of religion. The plaintiffs said the statutory exemption for religious organizations in Section 702 operated as a religious preference and penalized their personal choices of religion in violation of the First Amendment. The case ended up in the Supreme Court, which upheld the provision exempting religious organizations from Title VII with respect to employing people of a particular religion for all not-for-profit activities. Evidence in the case included: Legislative history. As first enacted in 1964, Section 702 provided a limited exemption to religious corporations. In 1972 Congress enacted a broader exemption, effectively exempting from the sweep of Title VII employment decisions made by religious employers with respect to members of that religion in any work connected with the religious corporation. District court proceedings. The Utah court borrowed from several earlier cases, including one that avoided the constitutional issue by deciding that the function challenged was uniquely religious and, thus, exempted. Briefs amicus curiae. Four religious organizations filed briefs amicus curiae.

  11. The End of ‘the end of impunity’?

    DEFF Research Database (Denmark)

    Holtermann, Jakob von Holderstein

    2010-01-01

    With its express intention ‘to put an end to impunity’, the International Criminal Court (ICC) faces a substantial challenge in the shape of conditional amnesties granted in future national truth commissions (TCs)—a challenge that invokes fundamental considerations of criminal justice ethics...

  12. End to End Travel

    Data.gov (United States)

    US Agency for International Development — E2 Solutions is a web based end-to-end travel management tool that includes paperless travel authorization and voucher document submissions, document approval...

  13. Polilingvali Vilniaus jaunimo raiška: socialinės tapatybės paieškos. Polylingual behaviour of Vilnius youth: Searching for social identity

    Directory of Open Access Journals (Sweden)

    Inga Vyšniauskienė

    2012-01-01

    Full Text Available The paper raises the problem of polilingual behaviour of Vilnius teenagers. The aim of this study is to reveal the frequency of linguistic features in the language of Vilnius teenagers of two age groups (13—14 and 15—17 as well as identify reasons for the informants’ polylingual behaviour. Extracts of spontaneous interactions from the corpus of the language of Vilnius youth have been chosen for the analysis. The results of the quantitative analysis have revealed that the elderly informants’ and younger boys’ polylingual behaviour is characterised by frequent, repetitive Russian features and nonrecurrent occurences of English features. The predominant use of English features in younger girls’ speech may imply that they have not yet mastered the Russian slang as well as point to their positive attitudes towards the English language. Within the framework of interactional sociolinguistics, the analysis of younger informants’ speech has revealed a link between English, German, Polish features and language play. Differently from the elderly teenagers, younger teenagers tend to change identities, e.g. an experienced player, an expert at love affairs, an adult who can evaluate youth language, via the play with English items. Russian items, which make a major part of slang in elderly teenagers’ speech, are used for sociopsychological purposes, as a means to display peer group identity. The study has revealed a varied polylingual production of Vilnius teenagers, which serves as a means of negotiating the social identity of a peer group member, creative and innovative teenager. ------ Straipsnyje keliama iki šiol Lietuvoje nenagrinėta jaunimo polilingvalaus elgesio problema. Tyrimo duomenis sudaro Vilniaus paauglių kalbos tekstynas, sukauptas renkant savanorių informantų įrašus ir atliekant etnografinius stebėjimus. Darbo tikslas – palyginti kitų kalbų elementų vartojimo dažnumą ir funkcijas jaunesniųjų (13–14 m. ir

  14. Sovereign Court of Vasily III: Historical and Genealogical Research

    Directory of Open Access Journals (Sweden)

    Aleksandr L. Korzinin

    2017-10-01

    comparison with the clerks of Ivan III is carried out, and a conclusion is made about a significant increase in the prestige of the clerk’s service and the beginning of the folding of the dynasties of departmental employees. As an illustration, monograms and signatures of the famous clerks of Vasily III are given. The authors analyze the reasons of the substitution of monograms for signatures which was reflected in office-work of the end of the 15th – first third of the 16th century. A.L. Korzinin analyzed personal and genealogical structure of the Sovereign court in the first third of the 16th century. N.V. Basnin studied the change in traditions of the paperwork (signing, monograms, clerks’ signatures in the context of the history of state institutions.

  15. International organizations before national courts

    CERN Document Server

    Reinisch, August

    2000-01-01

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

  16. Speech Cases Turned Aside by High Court

    Science.gov (United States)

    Walsh, Mark

    2012-01-01

    The U.S. Supreme Court declined without comment to take up two major appeals involving student free-speech rights on the Internet. One appeal encompassed two cases decided in favor of students last June by the full U.S. Court of Appeals for the 3rd Circuit, in Philadelphia. The other appeal stemmed from a decision by the U.S. Court of Appeals for…

  17. The Place of Constitutional Courts in the EU

    DEFF Research Database (Denmark)

    Komárek, Jan

    2013-01-01

    constitutional courts defend the scope for political autonomy – Against national constitutional courts' displacement – Simmenthal II – After the ‘Rights Revolution’ in Europe – National constitutional courts' references to the ECJ – Ordinary courts challenging national constitutional courts through......Going beyond ‘judicial dialogues’ and ‘conflict-and-power’ approaches to the analysis of national constitutional courts' role in the EU – The idea of European constitutional democracy – National constitutional courts constrain individual autonomy expanded by European integration – National...... the preliminar y reference procedure – Parallel references – National constitutional courts enforcing EU law – National constitutional courts challenging EU law...

  18. 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.

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

    African Journals Online (AJOL)

    In South Africa there are no models of court interpreting to serve as a guide for court interpreters when performing their task. This is because there is no proper definition of the role of a court interpreter. Models of court interpreting define and describe the process by stating what court interpreters are actually doing when ...

  20. 78 FR 49120 - Courts of Indian Offenses

    Science.gov (United States)

    2013-08-13

    ... tribes removed from the list are the Seminole Nation, the Miami Tribe, the Wyandotte Tribe, the Choctaw... interim final rule published and effective on March 3, 2013, addressing the addition of two Indian tribes to the list of tribes with Courts of Indian Offenses (also known as CFR Courts), and deletion of five...

  1. Juvenile Drug Courts and Teen Substance Abuse

    Science.gov (United States)

    Butts, Jeffrey A., Ed.; Roman, John, Ed.

    2004-01-01

    Juvenile justice officials across the United States are embracing a new method of dealing with adolescent substance abuse. Importing a popular innovation from adult courts, state and local governments have started hundreds of specialized drug courts to provide judicial supervision and coordinate substance abuse treatment for drug-involved…

  2. The Juvenile Court: Changes and Challenges.

    Science.gov (United States)

    Feld, Barry C.

    2000-01-01

    Explores the changes in the juvenile court system, in particular, the juvenile waiver and sentencing laws, as it transformed from a social welfare agency into a type of criminal court system for young offenders. Addresses whether states should create an integrated juvenile and criminal justice system. (CMK)

  3. Desegregation Dead? Not in This Court Decision

    Science.gov (United States)

    Sneed, Maree

    2007-01-01

    This article discusses the interpretations of the court's ruling in "Parents Involved in Community Schools v. Seattle School District 1." The decision handed down June 28, the last day of the Supreme Court's term, does not prohibit school districts from voluntarily integrating schools as long as the school district meets certain legal…

  4. Battered women's perceptions of civil and criminal court helpfulness: the role of court outcome and process.

    Science.gov (United States)

    Bell, Margret E; Perez, Sara; Goodman, Lisa A; Dutton, Mary Ann

    2011-01-01

    Although most battered women seeking formal help have some contact with court, limited research exists on what they find helpful and harmful about these experiences. Using qualitative data from low-income, largely Black battered women, this study finds that issues related to court outcomes, such as case disposition and enforcement, are important to evaluations of helpfulness. More frequently mentioned, however, are court processes, including treatment by staff, process length, and public disclosure. Results highlight the importance of research and practice attending to issues beyond court outcomes, as well as the potential impact supportive treatment at court may have for victims' recovery.

  5. [Andreas Vesalius in the Spanish Court].

    Science.gov (United States)

    Izumi, Hyonosuke

    2004-12-01

    After the publication of "Fabrica," Andreas Vesalius entered the Spanish court and became a court physician to Charles the Fifth, Holy Roman Emperor, and then to Philip the Second, Spanish king. The author studied this process and its historical background. The ancestors of Vesalius had close relations with the Hapsburgs and the dukes of BUrgundy, and served them as court physician or a court pharmacist. Vesalius was born in Brussels, obtained his degree at the University of Padua, Italy, became professor of anatomy and surgery there, and published "Tabulae Anatomicae Sex" and "Fabrica."In the ear of the Spanish court, the treatments of Henry the Second, French king, and of Don Carlos, Spanish crown prince, are famous among Vesalius' medical contributions. In the year of his resignation, Charles the Fifth conferred the title of count palatine on Vesalius.

  6. Love v. Superior Court (People)

    Science.gov (United States)

    1990-12-28

    The petitioners, April Love and others, were convicted of soliciting acts of prostitution, and were ordered to undergo AIDS testing and counseling in compliance with the California Penal Code. Love challenged the mandatory testing as unconstitutional under the Fourth Amendment and the Fourteenth Amendment's due process and equal protection clauses. The First District Court of Appeal found that the testing complied with the "special needs" exception to the Fourth Amendment's prohibition of unreasonable searches, because the statute's testing and counseling provisions made prostitutes aware of the HIV risk to themselves and others. Further, because the Legislature could reasonably link AIDS transmission and prostitution, the statute comported with due process. Lastly, the statute was held to fulfill equal protection requirements, because use of the blood test's information was restricted equally among various offenders.

  7. Postpartum psychosis and the courts.

    Science.gov (United States)

    Nau, Melissa L; McNiel, Dale E; Binder, Renée L

    2012-01-01

    Although mental state defenses frequently are raised in cases of infanticide, legal criteria for these defenses vary across jurisdictions. We reviewed outcomes of such cases in states using M'Naughten or model penal code (MPC) standards for insanity, and the factors considered by the courts in reaching these decisions. LexisNexis and Westlaw searches were conducted of case law, legal precedent, and law review articles related to infanticide. Google and other Internet search engines were used to identify unpublished cases. Despite the differing legal standards for insanity among states, the outcomes of infanticide cases do not appear to be dependent solely on which standard is used. The presence of psychosis was important in the successful mental state defenses. This case series suggests that states that use the stricter M'Naughten standard have not been less likely than states with an MPC standard to adjudicate women who have committed infanticide as not guilty by reason of insanity.

  8. Pursuing transparency through science courts

    Energy Technology Data Exchange (ETDEWEB)

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

    1999-12-01

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

  9. Hans Kelsen and the Austrian Constitutional Court (1918-1929)

    National Research Council Canada - National Science Library

    Sara Lagi

    2012-01-01

      This article intends to examine Hans Kelsen's contribution to the establishing of the first Austrian Constitutional court, analyzing the key differences between Kelsen's model of Constitutional court...

  10. WOMEN, CRIME AND THE SECULAR COURT IN EIGHTEENTH CENTURY CLUJ

    Directory of Open Access Journals (Sweden)

    Andrea Fehér

    2015-12-01

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

  11. Management of the Courts: The Irish Experience

    Directory of Open Access Journals (Sweden)

    P.J. Fitzpatrick

    2008-10-01

    Full Text Available The management and administration of the courts in Ireland had remained essentially unchanged since the Courts of Justice Act of 1924, which provided for the courts system of the new State shortly after independence. The 1924 regime left a vacuum, failing to address the need for an independent administrative structure for the Courts. There was, for example, no Department such as the Lord Chancellor’s Department. Under the Act, the Department of Justice managed the Courts and their funding apart from judicial salaries. Those arrangements followed what is often loosely referred to as the “Ministry of Justice” model. Responsibility for the provision of budgetary, staffing and other resources, and the management of those resources, rested with the Department of Justice, Equality and Law Reform, as it is now known, through its Courts Division. As distinct from the allocation of business before the courts, the Judiciary – although it might be consulted and make representations – had little input into the allocation of resources or the way in which they were deployed.

  12. A History of Court and Commoner Clothing in Vietnam

    Directory of Open Access Journals (Sweden)

    Liam C. Kelley

    2016-09-01

    Full Text Available Trần Quang Đức. Ngàn năm áo mũ: Lich sử trang phục Việt Nam giai đoạn 1009–1945 [One thousand years of caps and robes: A history of Vietnamese clothing in the period 1009–1945]. TP Hồ Chí Minh: Nhã Nam, 2013. ISBN: 1467557900. Đức documents in incredible detail the history of the sartorial decisions made at various Vietnamese courts, from Quyền’s time until the end of the Nguyễn dynasty. Based on an extensive examination of Vietnamese, Chinese, European, and even Korean sources—most of which only briefly mention clothing in various periods—Đức has succeeded in producing a comprehensive overview of the clothing of Vietnamese rulers and their officials; when possible, he also comments on the dress of other segments of society, such as the military and commoners. One Thousand Years of Caps and Robes devotes a chapter to each Vietnamese dynasty: the Lý, the Trần, the Lê, the Tây Sơn, and the Nguyễn. Đức begins each chapter with an overview of the history of that dynasty’s styles of court dress and then goes into a detailed description of exactly which types of cap and robe the ruler and his officials wore, and in what ways these caps and robes extended previous practices or were innovations. He follows his examination of court dress with a discussion of military and commoner attire. The chapter introductions provide a concise history of changes in court clothing across time, while the detailed discussions of the caps and robes from each period offer a deeper level of understanding...

  13. The Future Of Court Interpreting In Croatia

    Directory of Open Access Journals (Sweden)

    Dobrić Katja

    2014-09-01

    Full Text Available Court interpreting in Croatia is a very unregulated field especially regarding the training and the skills that are to be acquired in order to pro- vide accurate translation at courts. One of the prerequisites according to the Regulations on Court Interpreters in Croatia is knowledge of the structure of judicial power, state government and legal terminology. Although the Regulations prescribe that the training should last no longer than two months, the organisations providing such training shorten this to three or four days. Taking into account all that has been said one realizes that in such short time a per- son cannot be properly qualified to practice as a court interpreter. According to the EU Directive on the right to interpretation and translation in criminal proceedings member states should provide adequate training in order to ensure the quality of interpretation and to avoid that suspected or accused persons complain that the quality of interpretation was not good enough to secure the fairness of the proceeding, which according to Article 2 of the Directive they have the right to. Since Croatia joined the European Union on 1 July 2013, it will have to change its Regulations on Court Interpreters in order to com- ply with this Directive. This paper will try to analyze the problems within the scope of court interpreter’s profession in Croatia both in civil and in criminal proceedings. Several examples will be suggested as the possible model for modifying court interpreting in Croatia. Since this profession is often underrated by the national courts, the paper will suggest ways to prevent such views and point out the importance of good court interpretation

  14. Mačiulis, D., & Staliūnas, D., "Vilnius – Lietuvos sostinė: problema tautinės valstybės projekte (XIX a. pabaiga – 1940 m.", Vilnius: Lietuvos istorijos instituto leidykla, 2015. Santrauka angl. – Bibliogr., s. 297–315, ir išnašose. – Asmenvardžių rodyklė: s. 319–322. Tiražas: 400 egz. ISBN 978-9955-847-97-7

    Directory of Open Access Journals (Sweden)

    Małgorzata Kasner

    2017-12-01

    Full Text Available Mačiulis, D., & Staliūnas, D., Vilnius – Lietuvos sostinė: problema tautinės valstybės projekte (XIX a. pabaiga – 1940 m. [Vilnius – The capital of Lithuania: A problem in the project of the national state (late 19th century – 1940], Vilnius: Lietuvos istorijos instituto leidykla, 2015. Santrauka angl. – Bibliogr., s. 297–315, ir išnašose. – Asmenvardžių rodyklė: s. 319–322. Tiražas: 400 egz. ISBN 978-9955-847-97-7 This paper is a review of the latest research work of two Lithuanian historians, Dangiras Mačiulis and Darius Staliūnas (Lithuanian Institute of History, Vilnius, entitled “Vilnius - the capital of Lithuania: A problem in the project of the national state (late 19th century – 1940”. The authors in their work analyse the emergence, evolution and implementation of the idea of Vilnius as the capital of modern Lithuanian state at the turn of the 20th century until 1940. The monograph is based on valuable material from the archives, bibliographic sources and interesting iconography. With particular regard to the Lithuanian national project, describing and explaining the strategies of the symbolic appropriation of Vilnius and the question of Vilnius’ Lithuanisation, Mačiulis and Staliūnas first of all focus on the Lithuanian case in as much detail as possible. Here in the reviewed work we do not find such detailed analysis of Polish, Jewish, Belarusian or Russian attitudes towards the Vilnius question. Of course this does not detract from the importance of this inspiring book which is as a valuable academic publication and useful source for further research.   Mačiulis, D., & Staliūnas, D., Vilnius – Lietuvos sostinė: problema tautinės valstybės projekte (XIX a. pabaiga – 1940 m., Vilnius: Lietuvos istorijos instituto leidykla, 2015. Santrauka angl. – Bibliogr., s. 297–315, ir išnašose. – Asmenvardžių rodyklė: s. 319–322. Tiražas: 400 egz. ISBN 978-9955-847-97-7 Poniższy artyku

  15. Vegetation cover and land use impacts on soil water repellency in an Urban Park located in Vilnius, Lithuania

    Science.gov (United States)

    Pereira, Paulo; Cerda, Artemi

    2015-04-01

    It is strongly recognized that vegetation cover, land use have important impacts on the degree of soil water repellency (SWR). Soil water repellency is a natural property of soils, but can be induced by natural and anthropogenic disturbances as fire and soil tillage (Doerr et al., 2000; Urbanek et al., 2007; Mataix-Solera et al., 2014). Urban parks are areas where soils have a strong human impact, with implications on their hydrological properties. The aim of this work is to study the impact of different vegetations cover and urban soils impact on SWR and the relation to other soil variables as pH, Electrical Conductivity (EC) and soil organic matter (SOM) in an urban park. The study area is located in Vilnius city (54°.68' N, 25°.25' E). It was collected 15 soil samples under different vegetation cover as Pine (Pinus Sylvestris), Birch (Alnus glutinosa), Penduculate Oak (Quercus robur), Platanus (Platanus orientalis) and other human disturbed areas as forest trails and soils collected from human planted grass. Soils were taken to the laboratory, air-dried at room temperature and sieved with the 3600 (extremely water repellent). The results showed significant differences among the different vegetation cover (Kruskal-Wallis H=20.64, pmanagement scenarios, CGL2013-47862-C2-1-R), funded by the Spanish Ministry of Economy and Competitiveness; Fuegored; RECARE (Preventing and Remediating Degradation of Soils in Europe Through Land Care, FP7-ENV-2013-TWO STAGE), funded by the European Commission; and for the COST action ES1306 (Connecting European connectivity research). References Bisdom, E.B.A., Dekker, L., Schoute, J.F.Th. (1993) Water repellency of sieve fractions from sandy soils and relationships with organic material and soil structure. Geoderma, 56, 105-118. Doerr, S.H., Shakesby, R.A., Walsh, R.P.D. (2000) Soil water repellency: Its causes, characteristics and hydro-geomorphological significance. Earth-Science Reviews, 51, 33-65. Doerr, S.H. (1998) On

  16. Rape trauma syndrome in the military courts.

    Science.gov (United States)

    Young, S A

    1995-01-01

    The military courts have developed a rich case law tradition in the area of rape trauma syndrome testimony. These cases are particularly important in the context of a military that is both increasingly female and increasingly sensitive to mixed gender relationships. This article reviews the military court's approach to rape trauma testimony over the past 15 years. The author notes that military courts have been accepting of this testimony within certain well defined limits. The author analyzes the approach to testimony at one military medical center and offers a testimony model for the forensic psychiatrist who testifies in a military setting.

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

    Directory of Open Access Journals (Sweden)

    Đajić Sanja

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Adalmir Oliveira Gomes

    2016-10-01

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

  19. Court Governance in Context: Beyond Independence

    Directory of Open Access Journals (Sweden)

    Tin Bunjevac

    2011-12-01

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

  20. Courts Debunk Common School Sports Myths

    Science.gov (United States)

    Knowles, Laurence W.

    1973-01-01

    Examines recent court decisions concerning the equalization of fund allocation between athletic programs for boys and those for girls, the eligibility regulations for varsity team members, and the rights of transfer students who participate in varsity sports. (Author/DN)

  1. What Defines an International Criminal Court?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2015-01-01

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

  2. Alternative court procedures for DUI offenders.

    Science.gov (United States)

    1978-01-01

    The purpose of this report is to evaluate the need for alternative court procedures in Virginia for handling cases involving persons charged with driving under the influence of alcohol (DUI), with particular focus on the referral of DUI offenders to ...

  3. How to rig the federal courts

    National Research Council Canada - National Science Library

    Law, David S

    2011-01-01

    .... But the most familiar strategies for achieving this type of entrenchment -- namely, court-packing and gerrymandering -- are doomed to enjoy only limited success in the context of the Federal Judiciary...

  4. Congressional Authority Over the Federal Courts

    National Research Council Canada - National Science Library

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

    2005-01-01

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

  5. Military Justice: Courts-Martial, an Overview

    Science.gov (United States)

    2013-08-12

    habeas corpus to an Article III court, which could provide an alternate avenue for Supreme Court review. Selected Procedural Safeguards The...Authority “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety...may require it” Article I §9 cl. 2. Originally, the writ of habeas corpus permitted collateral attack upon a prisoner’s conviction only if the

  6. The Roles of Judicial Officers and Court Administrators in the UK Supreme Court

    Directory of Open Access Journals (Sweden)

    William Arnold

    2014-12-01

    Full Text Available This article provides a brief historical summary of the process that culminated in the creation of the Supreme Court of the United Kingdom (SCUK, highlighting important changes in the relevant laws and regulations and the institutional framework within which authority for final appellate review of lower court decisions was and currently is vested.  It also examines the administrative organization of the SCUP and where authority for key elements of court administration at that court is vested and how, for practical purposes, the SCUK is administered.

  7. Overhauling the national industrial court act: A pathway to effective ...

    African Journals Online (AJOL)

    The National Industrial Court was established in 1976 with the aim of adjudicating on labour matters brought before it by disputants. But the provisions of the Act then establishing it made it extremely difficult for the court to effectively discharge its functions.The initial Act establishing the court placed it (the Court) in a ...

  8. 5 CFR 838.225 - Processing amended court orders.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Processing amended court orders. 838.225... REGULATIONS (CONTINUED) COURT ORDERS AFFECTING RETIREMENT BENEFITS Procedures for Processing Court Orders Affecting Employee Annuities Application and Processing Procedures § 838.225 Processing amended court orders...

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

    Directory of Open Access Journals (Sweden)

    Pamela Ryder-Lahey

    2008-01-01

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

  10. Constitutional Court of South Africa overturns lower court's decision on the right to "sufficient water".

    Science.gov (United States)

    2009-12-01

    On 8 October 2009, the Constitutional Court of South Africa overturned the judgment of the Supreme Court of Appeal, which addressed the proper interpretation of Section 27(1)(b) of the Constitution of South Africa (Constitution)--namely, everyone's right to have access to sufficient water.

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

    Science.gov (United States)

    Bloom, Jennifer

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

  12. Managing with Human Resources in the General Courts (with the Comparison of the General Court in Kochani with the General Court in Vinica)

    OpenAIRE

    Zdravkova Stojanova, Aleksandra

    2011-01-01

    The managing of the human resources is of a great importance for every organization and so it is for the courts as well. For a difference from the other organizations and companies the courts represent a separate organizational whole which is specific in its organization, composure and jurisdiction. In the courts as well as in the other organizations of great importance for the successful working of the court and accomplishing its goals is the managing with the human resources....

  13. Jurisdiction of courts with a focus on the Special Chamber of the Supreme Court of Kosovo

    Directory of Open Access Journals (Sweden)

    Mr.Sc. Sabri Halili

    2013-06-01

    Full Text Available The legal solution offered by the Law establishing the Special Chamber of the Supreme Court of Kosovo is rather challenging for practical implementation. Due to this fact, the decisions of the Special Chamber contain various dilemmas of judges on the jurisdiction of the Chamber on the matters related to natural persons sued by the PAK, which are related to various liabilities of these persons to socially-owned enterprises, namely to the PAK. Since the PAK administers and represents socially owned property in general, it is naturally bound to seek for legal resolutions for all legal contests before a competent court. Naturally, the PAK would seek for such a solution before the Special Chamber of the Supreme Court of Kosovo on PAK-related matters, which is already bound by the title itself, “on PAK-related matters”. Comparisons of remedies by various laws related to subject competence are based on legal literature used in higher education in Kosovo. Analysis of subject competences of regular and special courts is two-fold: the Commercial Court and the Military Court, while the competence of the Special Chamber is only analysed in relation with the Law on Courts, and the Law on the Special Chamber of the Supreme Court, comparing it with the Law on Contested Procedure and the Law on the PAK. The Special Chamber has before and still continues to avoid jurisdiction of this Court, which is sanctioned by Articles 4 and 5 of the Law on the Special Chamber, due to the fact that in cases in which the PAK has sued a natural or legal person, due to debts, occupation of socially owned property, or any other disputed matter, which is directly related to socially owned properties, the Special Chamber proclaims itself incompetent, and transfers the case to regular courts, although the Special Chamber adjudicates “on PAK-related matters”, but in this case only when the PAK is respondent, not when it is claimant.

  14. PPIM Survey: Religious Courts Access and Equity

    Directory of Open Access Journals (Sweden)

    Jajat Burhanudin

    2007-08-01

    Full Text Available The importance of religious courts initially rose with the introduction of Marriage Law no. 1, 1974 which mainly aimed to prevent arbitrary divorces, which was viewed to be a common problem among Muslims at the time. The enactment of this law meant that divorces needed to be approved by the religious court, hence acting as a disincentive for men to divorce their wives at the drop of a hat. The impact of this law is evident: the rate of divorce for Indonesian Muslims declined from 16.7% in 1955 to 1.1% in 1990. The survey looked at a range of issues related to the use of the religious courts across the nation and access to these courts. Hence the survey touched on the background of users, equity, satisfaction, accessibility, knowledge of the religious courts and the services provided, and trust in public institutions.Copyright (c 2014 by SDI. All right reserved.DOI: 10.15408/sdi.v14i2.554

  15. Supreme Court refuses to review clinic access law; Second Appeals Court upholds statute.

    Science.gov (United States)

    1995-06-30

    On June 19, the US Supreme Court refused to review "Woodall v. Reno," a challenge to the Freedom of Access to Clinic Entrances Act (FACE) filed in Virginia by an anti-choice individual. FACE prohibits the use of force, threat of force, or physical obstruction to intentionally injure, intimidate, or interfere with anyone providing or obtaining reproductive health services. By denying the petition for "certiorari," the High Court let stand the US Court of Appeals for the Fourth Circuit decision in February. In that ruling, the midlevel federal court affirmed a lower court's dismissal of two of the eight anti-choice lawsuits challenging FACE, "Woodall v. Reno" and "American Life League v. Reno," which were consolidated by the appeals panel. Although plaintiffs in the first case filed a request for review by the High Court within days of the appellate court ruling, plaintiffs in the latter case waited until May to do so. The Department of Justice, which is defending the federal statute, and CRLP and the NOW Legal Defense and Education Fund, who are intervening on behalf of women and health care providers, will file their opposition to the review by July 26. The Justices will then decide to hear the case. On June 23, a three-judge panel for the US Court of Appeals for the Eleventh Circuit affirmed a lower court's decision to dismiss "Cheffer v. Reno," a facial challenge by Florida anti-choice activists seeking to invalidate FACE. The appeals court had ruled the law did not infringe on First Amendment rights, and the panel rejected the argument that Congress had exceeded its authority under the Commerce Clause of the US Constitution by finding that the measure "protects and regulates commercial enterprises." The appeals court accepted an "amicus" brief filed by CRLP and NOW Legal Defense and Education Fund on behalf of the National Abortion Federation, the National Organization of Women, physicians, and women's health clinics, but denied their request to intervene in the

  16. Court-authorised deprivation of liberty.

    Science.gov (United States)

    Griffith, Richard

    2015-01-01

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

  17. Employers liability to the international criminal court

    Directory of Open Access Journals (Sweden)

    Yenifer Yiseth Suárez Díaz

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Norman Meyer

    2014-06-01

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

  19. The End of Eastern Territoriality?

    DEFF Research Database (Denmark)

    Vasev, Nikolay Rumenov; Vrangbæk, Karsten; Krepelka, Filip

    2016-01-01

    How does compliance to the Court of Justice of the European Union (CJEU) rulings on patient mobility in the new Member States compare to the old Member States? Studying the new Member States’ compliance practices would highlight the state of territoriality, the CJEU’s effective influence and the ......How does compliance to the Court of Justice of the European Union (CJEU) rulings on patient mobility in the new Member States compare to the old Member States? Studying the new Member States’ compliance practices would highlight the state of territoriality, the CJEU’s effective influence....... For the results in the old Member States we rely on Obermaier’s 2009 “The End of Territoriality”. The study is qualitative in nature and relies mostly on qualitative semi-structured interviews with experts from ministries of health, health insurers and legal experts from all three countries. We distinguish...

  20. Vilniaus universiteto profesorius – Balzaco herojaus prototipas. Le professeur de l’Université de Vilnius – prototype d’un personnage de Balzac

    Directory of Open Access Journals (Sweden)

    Nijolė Vaičiulėnaitė-Kašelionienė

    2009-01-01

    Full Text Available Le point de départ de notre analyse – une lettre d’ Honoré de Balzac à sa soeur dans laquelle l’écrivain français mentionne Joseph Frank, médecin et profes­seur de l’université de Vilnius, comme prototype du héros de son roman Le médecin de campagne. Nous proposons une nouvelle interprétation de ce fait en nous basant sur l’analyse aspectuelle comparative du roman de Balzac et des Mémoires de Joseph Frank. Elle a révelé les ressemblances et les divergences deleurs personnages principaux. Les portraits phy-siques mêmes de Frank et d’un héros de Balzac, Benassis, se ressemblent étonnamment. Les traits remarquables de leurs portraits moraux sont la bienveillance et la bienfaisance; les conceptions politiques ayant pour base le mariage de tendances différentes sont pareilles aussi; tous les deux sont or­ganisateurs de talent, diplomates et leaders de leurs pays. Nous prêtons l’attention à leurs points de vue sur la puissance impériale. Le thème de Napoléon est capital dans la composition de Médecin de campa­gne; il est significatif dans les Mémoires aussi; mais au lieu du portrait idéal de Napoléon dessiné par Balzac, nous trouvons l’idéalisation de’ l’empereur russe Alexandre, tandis que Napoléon, à l’avis de Frank, est un ennemi farouche. Cépendant la manière d’idéalisation est pareille, ce qui prouve l’accent par­ticulier mis sur l’importance de la personnalité dans le domaine de la politique en général. Malgré les di­vergences diverses, nous constatons que le portrait littéraire de Benassis est constitué en partie des traits significatifs du médecin de Vilnius Joseph Frank, ce qui permet de considérer ce dernier comme un des prototypes du héros de roman de Balzac Le Médecin de campagne.

  1. Hot-spot analysis applied to the identification of potential high and low regulating, providing and cultural ecosystem services in Vilnius Region (Lithuania)

    Science.gov (United States)

    Pereira, Paulo; Daniel, Depellegrin; Egarter-Vigl, Lukas; Cerda, Artemi; Estebaranz, Ferran; Misiune, Ieva

    2017-04-01

    Ecosystem services (ES) potential assessment is crucial for a correct territorial planning at different scales of analysis (Depellegrin et al., 2016). In urban and peri-urban areas, sprawl, grazing and unsustainable agriculture practices contributed to land degradation and de decrease of the quality and quantity of the services provided by these areas (Eldridge and Delgado-Baquerizo, 2017; Favretto et al., 2017). In order to understand the spatial pattern of these impacts, mapping ES potential is key to understand the areas that need to be restored and protected for an unsustainable use (Brevik et al., 2016; Egarter-Vigl et al., 2017; Pereira et al., 2017). Hot-spot analysis is a good method to identify clusters of areas with high and low capacity for ES capacity. This analysis is very useful to detect homogeneous areas, where ES have high or low quality. The objective of this work is to apply a hot-spot analysis to detect areas with high/low capacity for Regulating, Provision, Cultural and Total ES in Vilnius region. ES potential was carried out based on the matrix developed by Burkhard et al. (2009), which ranks ES capacity from 0= no capacity to 5=very high relevant capacity to a different land use type. The results showed that regulating, providing and cultural and total ES have a significant dispersed (low-clustered) pattern: Regulating (Z-score=-19.28, pJournal of Sustainable Development and World Ecology, 23, 441-455. Egarter-Vigl, L., Depellegrin, D., Pereira, P., De Groot, D., Tappeiner, U. (2017) Mapping the ecosystem service delivery chain: Capacity, flow, and demand pertaining to aesthetic experiences in mountain landscapes, Science of the Total Environment, 574, 442-436. Eldridge, D.J., Delgado-Baquerizo, M. (2017) Continental-scale impacts of livestock grazing on ecosystem supporting and regulating services. Land Degradation and Development. DOI: 10.1002/ldr.2668 Favretto, N., Lueding, E., Stringer, L., Dougill, A.J. (2017) Valuing ecosystem services

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

    OpenAIRE

    Norman Meyer

    2014-01-01

    This article gives a comprehensive overview of what social media are, why social media are important in society and the courts, how social media can be used effectively, what social media platforms are well-suited to the courts, what problems can arise, and how to proactively deal with such problems. In the early years of social media use in the courts there was a lot of skepticism. As we have gained experience most problems have been shown to be less severe or have been solved. Meanwhile, ma...

  3. Modelling spatial distribution of soil steady state infiltration rate in an urban park (Vingis Parkas, Vilnius, Lithuania)

    Science.gov (United States)

    Pereira, Paulo; Cerda, Artemi; Depellegrin, Daniel; Misiune, Ieva; Bogunovic, Igor; Menchov, Oleksandr

    2016-04-01

    larger urban park in Vilnius, Vinguis Parkas. The studied area is located near the Neris River and occupies an area of approximately 162 hectares. Inside the park a total of 95 randomly points were selected to measure soil steady infiltration, between April and September of 2016. At each sampling point, 4 infiltration measurements were carried out using a cylinder infiltrometer with 15 cm higher and a diameter of 7 cm (Cerda, 1996). Each experiment has the duration of 1 hour and the measurements of the infiltrated water were carried out 1, 2, 5, 10, 15, 20, 25, 30, 35, 40, 45, 50, 55 and 60 minutes (Cerda, 1996). The steady state infiltration value of each sampling point corresponds to the average value of the 4 measurements. In each point, the 4 measurements were separated by 5 meters to take in account the spatial variability (Neris et al., 2013). In total 380 infiltration tests were carried out (95x4). Previous to data modelling, data normality was assessed using the shapiro wilk-test and homogeneity of the variances, using Levene test, respectively. The original data was not normally distributed and, only respected the Gaussian distribution and heteroscedasticity after a logarithmic transformation. Data modelling was carried out using transformed data. The accuracy of steady-state soil infiltration spatial distribution was carried out testing several interpolation methods, as Inverse Distance to a Weight (IDW) with the power of 1,2,3,4 and 5, Local Polynomial methods, with the power of 1 and 2 Radial Basis Functions - Spline With Tension (SPT), Completely Regularized Spline (CRS), Multiquadratic (MTQ), Inverse Multiquadratic (IMTQ) and Thin Plate Spline (TPS) - and Geostatistical methods as, Ordinary Kriging (OK), Simple Kriging (SK) and Universal Kriging (UK) (Pereira et al., 2015). Methods performance was assessed calculating the Root Square Mean Error (RMSE) from the errors obtained from cross-validation. The results showed that on average steady state

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

    African Journals Online (AJOL)

    ... master; enforcement of court order; management of public institutions; special masters; vulnerable in society; children without parents; prisoners; elderly; mentally disabled; prisons; curator; receiver; public institution; school; welfare department; hospital for the mentally disabled; home for the elderly; racial discrimination ...

  5. 78 FR 14017 - Courts of Indian Offenses

    Science.gov (United States)

    2013-03-04

    ... the list are the Seminole Nation, the Miami Tribe, the Choctaw Nation of Oklahoma, the Wyandotte Tribe... established CFR Courts. The tribes to be removed from the list are the Seminole Nation, the Miami Tribe, the... forum. The Wyandotte Tribe of Oklahoma, Seminole Nation of Oklahoma, Choctaw Nation of Oklahoma, the...

  6. U.S. Supreme Court Trends.

    Science.gov (United States)

    Williams, Charles F.; Leiterman, Hannah

    1999-01-01

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

  7. The Unified Patent Court (UPC) in Action

    DEFF Research Database (Denmark)

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

    2015-01-01

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

  8. The law of treaties before domestic courts

    NARCIS (Netherlands)

    Brölmann, C.; Binder, C.

    2015-01-01

    This paper does not aim to reiterate the law of treaties as such. Rather, we focus on how the law of treaties is used and applied in domestic courts -- a continuously relevant perspective as a growing body of substantive international rules and norms is enshrined in treaties (‘treaty law’), with

  9. An International Criminal Court of Public Opinion

    NARCIS (Netherlands)

    Bouwknegt, Thijs Bastiaan

    2012-01-01

    In recent months, South Africa, Burundi and the Gambia have terminated their membership of the International Criminal Court (ICC). Observers and academics alike have narrowly portrayed this walkout as an ‘African’ exodus and an ‘African’ problem. But what about Vladimir Putin’s ‘unsigning’ of the

  10. Push characteristics in wheelchair court sport sprinting

    NARCIS (Netherlands)

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

    2016-01-01

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

  11. Evolution, Creationism, and the Courts: 20 Questions

    Science.gov (United States)

    Moore, Randy; Miksch, Karen L.

    2003-01-01

    The teaching of evolution and creationism is controversial to many people in the United States. Knowledge of the many important court-decisions about the teaching of evolution and creationism in the United States can be used not only to resist anti-evolution activities of creationists, but also to help teachers address questions about the teaching…

  12. Court Okays Special Leave for Pregnant Workers.

    Science.gov (United States)

    Sendor, Benjamin

    1987-01-01

    The recent Supreme Court decision in the employment discrimination case "California Savings and Loan Association v. Guerra" permits employers to treat pregnancy the same as other disabling conditions relating to employment opportunities. Also, state legislatures may mandate preferential treatment for pregnancy. (MD)

  13. 22 CFR 19.6-1 - Orders by a court.

    Science.gov (United States)

    2010-04-01

    ... or annulment or any court ordered or approved property settlement agreement incident to any court decree of divorce, legal separation, or annulment, that any payment from the Fund which would otherwise...

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

    Science.gov (United States)

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

    2007-01-01

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

  15. The International Criminal Court at the crossroads

    Directory of Open Access Journals (Sweden)

    Abdelwahab Biad

    2010-05-01

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

  16. the south african constitutional court and the rule of law

    African Journals Online (AJOL)

    cmps073

    of the rule of law, the Court has opted for a context-sensitive, thus more substantive, interpretation of the rule of law. This is evident from the judgment of the. Constitutional Court in President of the Republic of South Africa v South African. Rugby Football Union. 110. The Court made it clear that the power of the President to.

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

    African Journals Online (AJOL)

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

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

    African Journals Online (AJOL)

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

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

    African Journals Online (AJOL)

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

  20. The New York Court Review of Children in Foster Care

    Science.gov (United States)

    Festinger, Trudy Bradley

    1975-01-01

    Presents a study which investigated three areas: (1) factors related to the court's determination of foster care status or availability of children for adoption; (2) the extent of agreement between agency recommendations and court orders; and (3) the impact of the court review on moving children out of foster care. (SDH)

  1. Damaging the Legitimacy of the Spanish Constitutional Court

    OpenAIRE

    Urías, Joaquín

    2017-01-01

    The Spanish legislative burdens the Constitutional Court with the task to prevent Catalonia from pursuing independence. To use the Constitutional Court as the main barricade against any attempt at starting the independence process does tremendous damage to the Court itself as it undermines its perception as neutral arbiter and, thereby, its legitimation.

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

    Science.gov (United States)

    Sheridan, William H.; Freer, Alice B.

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

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

    African Journals Online (AJOL)

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

  4. 78 FR 14271 - Manual for Courts-Martial; Proposed Amendments

    Science.gov (United States)

    2013-03-05

    ... of the Secretary Manual for Courts-Martial; Proposed Amendments AGENCY: Joint Service Committee on... amendments to the Manual for Courts-Martial, United States (2012 ed.)(MCM). SUMMARY: The Joint Service Committee on Military Justice (JSC) is publishing final proposed amendments to the Manual for Courts-Martial...

  5. 32 CFR 700.1101 - Demand for court-martial.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Demand for court-martial. 700.1101 Section 700... Standards of Conduct § 700.1101 Demand for court-martial. Except as otherwise provided in the Uniform Code of Military Justice, no person in the naval service may demand a court martial either on him or...

  6. Court Interpreters and Translators: Developing Ethical and Professional Standards.

    Science.gov (United States)

    Funston, Richard

    Changing needs in the courtroom have raised questions about the need for standards in court interpreter qualifications. In California, no formal training or familiarity with the legal system is required for certification, which is done entirely by language testing. The fact that often court interpreters are officers of the court may be…

  7. 5 CFR 1653.3 - Processing retirement benefits court orders.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Processing retirement benefits court orders. 1653.3 Section 1653.3 Administrative Personnel FEDERAL RETIREMENT THRIFT INVESTMENT BOARD COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS Retirement Benefits Court Orders § 1653...

  8. 5 CFR 1653.2 - Qualifying retirement benefits court orders.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Qualifying retirement benefits court orders. 1653.2 Section 1653.2 Administrative Personnel FEDERAL RETIREMENT THRIFT INVESTMENT BOARD COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS Retirement Benefits Court Orders § 1653...

  9. 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.

  10. End-to-end verifiability

    OpenAIRE

    Ryan, Peter; Benaloh, Josh; Rivest, Ronald; Stark, Philip; Teague, Vanessa; Vora, Poorvi

    2016-01-01

    This pamphlet describes end-to-end election verifiability (E2E-V) for a nontechnical audience: election officials, public policymakers, and anyone else interested in secure, transparent, evidence - based electronic elections. This work is part of the Overseas Vote Foundation’s End-to-End Verifiable Internet Voting: Specification and Feasibility Assessment Study (E2E VIV Project), funded by the Democracy Fund.

  11. 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.

  12. 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.

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

    Directory of Open Access Journals (Sweden)

    Marie Hagsgård

    2008-10-01

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

  14. Environmental change: Federal courts and the EPA

    Energy Technology Data Exchange (ETDEWEB)

    O' Leary, R.

    1993-01-01

    This book presents the findings of a four-year study of the impact of federal court decisions on the policies and administration of the US Environmental Protection Agency (EPA) in all seven of its major statutory areas: clean air, clean water, hazardous waste cleanup, controlled pesticide use, resource conservation and recovery, safe drinking water, and control of toxic substances. The author use the Lexis and Westlaw legal data bases to generate a list of all cases in which the EPA was either a plaintiff or a defendant in each of the agency's seven major statutory areas. The author verified these data and at times supplemented them with EPA records and with environmental reporters published by the Bureau of National Affairs and the Environmental Law Institute. She derived settlement agreements from the EPA, the Department of Justice, and the courts.

  15. The current approach of the courts.

    Science.gov (United States)

    Skene, Loane

    2014-01-01

    The approach of the courts when considering proprietary ('ownership') interests in human bodily material has been pragmatic and piecemeal. The general principle was initially that such material is not legally 'property' that can be 'owned', but courts have recognised many exceptions. In determining disputes between individuals in particular cases, they have stated principles that are often inconsistent with those stated in other cases with different facts. Later judges have been constrained by these decisions, especially when made at appellate level. They can distinguish the facts of one case from another to achieve a different outcome, but they cannot state new principles to be applied more widely to promote consistency. This requires the will of Parliament and legislation to introduce new principles. Experience to date suggests that such legislation will need to be wide-ranging and complex, with different principles for different circumstances. There will not be one area of law that answers all the issues that arise.

  16. Courts, Scheduled Damages, and Medical Malpractice Insurance

    DEFF Research Database (Denmark)

    Bertoli, Paola; Grembi, Veronica

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

  17. Battered woman syndrome defense in Canadian courts.

    Science.gov (United States)

    Regehr, C; Glancy, G

    1995-04-01

    As a result of a 1990 Supreme Court of Canada decision, battered woman syndrome defense is now accepted as a legitimate extension of self-defense in Canadian courts. This defense hinges on the expert testimony that a battered woman who is accused of murder or aggravated assault suffers from the psychological sequelae of abuse and that this psychological distress contributes to her apprehension of danger and ultimately her apprehension of death during a particular battering episode. The authors present a brief overview of the history of battered woman syndrome defense, the role of the expert in assessing the applicability of this defense in any particular situation, and the pitfalls of using battered woman syndrome defense.

  18. Trial by Jury in Russian Military Courts

    Directory of Open Access Journals (Sweden)

    Nikolai P. Kovalev

    2008-07-01

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

  19. The juridical nature of the European Court of Justice and the principles of its activity

    Directory of Open Access Journals (Sweden)

    Vilma Hasneziri

    2015-07-01

    In this work, especially in the second part, there shall be presented several decisions of the European Court of Justice as well, that have to do with its interpretation on the dispositions of the establishing Treaties as well as the analysis of the above mentioned principles. At the end of this work, there will be given its conclusions as well as the bibliography where it is based on.

  20. [Therapeutic approaches in court-ordered therapy].

    Science.gov (United States)

    Floris, Emmanuelle; De Jésus, Arnaud; Cano, Jean-Philippe; Raymondaud, Séverine; Rouveyrol, Éric; Bouchard, Jean-Pierre

    As is the case with other contexts of mental health treatments, the therapeutic approaches to court-ordered therapy are varied. They are based on the principle of their clinical indication and must be delivered by therapists trained in the specific area. The classic therapeutic approaches are used: medication, psychoanalysis and psychoanalytically inspired therapies, cognitive behavioural therapies, group therapies and body-oriented approach. Copyright © 2017. Published by Elsevier Masson SAS.

  1. Procedural Justice in Dutch Administrative Court Proceedings

    OpenAIRE

    André Verburg; Ben Schueler

    2014-01-01

    In this paper we discuss recent developments in administrative court proceedings in the Netherlands, called the New Approach. Along with developments leading to the New Approach, it became clear that the insights from research on procedural justice deserve particular attention. The goals of the judge's actions in this respect are both that the proceedings are fair and just and that parties perceive the way they are being treated during proceedings as fair and just.Within the New Approach we d...

  2. The Drone Court And Due Process

    Science.gov (United States)

    2016-12-01

    Jackson’s language might imply. Proponents of drone strikes overseas in the course of the war in Afghanistan, echoing the Supreme Court’s opinion in...freestanding summaries of court opinions [is] likely to promote [ public ] confusion and misunderstanding.”122 Overall, while FISC’s proceedings are...occurring and plays no role in them.161 While the hearing will not be open to the public , the rulings will be publicly available if the information is

  3. Judicial review of administrative normative act. Limits of courts control on political decision making

    Directory of Open Access Journals (Sweden)

    Erlir Puto

    2016-03-01

    Full Text Available Legal democracies have been facing with the evolution of a system of administrative activity judicial review. Meanwhile the evolving of the Judicial Control over the Public Administration in different countries of civil law systems has produced even in Albania the possibility of a specific judiciary control over the Public Administration in an extended way. The new Albanian Law on Administrative Courts (Law 49/2012 provides the power of the Administrative Court of Appeal to judge as a Court of First Instance, in the cases regarding controversies on normative administrative acts. It is a new open door to judge political decision makers, with some implicit consequences on the entire system. Those acts are produced as a further explanation and specification of the Law. Meanwhile they also express the Government Political Direction and Political will. The most important issue which may rise in this case is: How can an Administrative Court judge on the Executive Political Decision? May a Court judge the political will of the Executive? This power, given to the court, if we refer to administrative normative acts produced by public authorities of political nature, is in substance in contrast to the right of exercising political powers. This power to judge the politics should be evaluated case by case, but also some guiding lines should be established. These should be some basic guiding criteria and limits to be followed by the judges in the evaluation of objectives, purposes, aims or proportionality to the situation that has imposed the law. In most of the judiciary systems, the limits of reciprocal control between powers of the state remain a never ending process of practice. It is usual that the law gives to the administration a wide margin of opportunity. The way how executive would use its discretionarily, should be judged in an appropriate way by courts. The limits of court interference in administrative decision making would produce a fair system

  4. Perceived deterrence and outcomes in drug court.

    Science.gov (United States)

    Marlowe, Douglas B; Festinger, David S; Foltz, Carol; Lee, Patricia A; Patapis, Nicholas S

    2005-01-01

    According to perceived-deterrence theory, the likelihood that an offender will engage in drug use or illegal activity is influenced by the perceived certainty of being detected for infractions or recognized for accomplishments, the perceived certainty of receiving sanctions for infractions or rewards for accomplishments, and the anticipated magnitude of the sanctions and rewards. This study evaluated drug court participants' perceived deterrence at monthly intervals during their enrollment in drug court. Exploratory cluster analysis (N=255) on the longitudinal scores yielded five subtypes of drug offenders characterized either by consistently elevated perceived-deterrence scores, consistently moderate scores, consistently low scores, increasing scores, or decreasing scores. The best outcomes were associated with consistently elevated scores, whereas the worst outcomes were associated with scores that declined over time as the participants became accustomed to the program. The clusters also differed in predicted directions on demographic variables. The correlational design does not permit inferences of causality; however, the results lend credence to perceived deterrence as a potential explanatory mechanism for the effects of drug courts. Copyright (c) 2005 John Wiley & Sons, Ltd.

  5. Procedural Justice in Dutch Administrative Court Proceedings

    Directory of Open Access Journals (Sweden)

    André Verburg

    2014-11-01

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

  6. 77 FR 48965 - Certain Carbon Steel Butt-Weld Pipe Fittings From the People's Republic of China: Notice of Court...

    Science.gov (United States)

    2012-08-15

    ... China: Notice of Court Decision Not in Harmony With Amended Final Scope Ruling and Notice of Amended... fittings from the People's Republic of China (``PRC'') used in structural applications. In King Supply III... determined that the scope of the Order did not give rise to an end use restriction, (2) the Department's...

  7. Court Supervised Institutional Transformation in South Africa

    Directory of Open Access Journals (Sweden)

    Deon Erasmus

    2015-12-01

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

  8. The End

    DEFF Research Database (Denmark)

    Hasse Jørgensen, Stina

    2016-01-01

    Operaen THE END af den japanske komponist og DJ, Keiichiro Shibuya, skubber radikalt til publikums forventninger om, hvad en opera kan og skal være. THE END byder på 3D animation, surround sound, elektronisk glitch og syntetiske stemmer i en kompromisløs virtuel forestilling med det japanske popi...

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

    Directory of Open Access Journals (Sweden)

    Lydia Terekhova

    2017-01-01

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

  10. Performance Assessment in Courts - The Swiss Case

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2014-12-01

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

  11. First experience of programming a court decision

    Directory of Open Access Journals (Sweden)

    Sergey B. Polyakov

    2017-06-01

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

  12. Psychiatric commitment: over 50 years of case law from the European Court of Human Rights.

    Science.gov (United States)

    Niveau, G; Materi, J

    2006-10-01

    To extensively review the European Court of Human Rights (ECHR) case law concerning psychiatric commitment, and to estimate the role of this supranational jurisprudence in the practice of contemporary psychiatry. Using keywords to search the ECHR computerized database "HUDOC", we reviewed all cases concerning psychiatric commitment registered between September 1953 and December 31, 2004. Four groups were identified: applications declared inadmissible; applications accepted but not judged by the Court; pending cases; and cases judged by the Court. Of the almost 118,000 decisions taken by the ECHR in this time frame, we found 108 situations concerning psychiatric commitment. Forty-one of these applications were considered by the Court to be inadmissible. Twenty-four other cases were considered admissible but not judged by the ECHR. Three admissible cases were still pending at the end of 2004. The ECHR judged 40 cases, and found in 35 of them that one or several rights as guaranteed by the Convention had been violated. The ECHR protects the human rights of persons subjected to involuntary psychiatric commitment by creating supranational law in the following areas: definition of "unsoundness of mind"; conditions of lawfulness of detention; right to a review of detention by a Court; right to information; right to respect for private and family life; and conditions of confinement, which address inhuman and degrading treatment. The respective number of applications submitted to the ECHR did not depend on when the Convention had entered into force in that country. The possibility of an individual to access the ECHR depends on the degree of democracy in his country and on the access to legal assistance through non-governmental organizations or individual intervening parties.

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

    Science.gov (United States)

    Lombardo, P A

    1996-01-01

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

  14. THE RIGHT TO AN INDEPENDENT COURT

    Directory of Open Access Journals (Sweden)

    ALIN-GHEORGHE GAVRILESCU

    2011-04-01

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

  15. Court allows marijuana clubs to raise medical necessity defense.

    Science.gov (United States)

    1999-10-01

    A ruling by the 9th U.S. Circuit Court of Appeals will allow California's medical marijuana clubs to defend themselves against an injunction against operating. The court ruled that U.S. District Judge Charles R. Breyer erred by failing to consider that marijuana was an indispensable part of treatment for the club's clients. The ruling has applicability in cases in Alaska, Arizona, Nevada, Oregon and Washington, which are all within the jurisdiction of the 9th Circuit Court.

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

    DEFF Research Database (Denmark)

    2016-01-01

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

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

    DEFF Research Database (Denmark)

    Godzimirska, Zuzanna; Creamer, Cosette

    Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine...... of members on the operation of three ICs with different institutional designs and roles: the International Court of Justice, the International Criminal Court, and the Appellate Body of the World Trade Organization. We employ supervised learning methods of text classification to identify statements...

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

    Science.gov (United States)

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

    2013-01-01

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

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

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    1999-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Marcos de Moraes Sousa

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

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

    Science.gov (United States)

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

    2012-05-01

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

  2. The courts and health policy: strengths and limitations.

    Science.gov (United States)

    Anderson, G F

    1992-01-01

    In recent years the nation's courts have expanded their influence in health policy in four areas: reviewing insurers' coverage decisions, deciding the adequacy of Medicaid payment rates to hospitals and nursing homes, arbitrating hospital mergers, and assessing hospitals' tax-exempt status. The major problem with developing health policy through the courts is that the courts' focus will be the concerns of the individuals or groups involved in specific cases, not the broader implications and overall objectives of the health care system. As alternatives to litigation to resolve policy conflicts, scholars have suggested negotiation, binding arbitration, clarification of legislative language, administrative courts, contract revision, and general restructuring of the decision-making process.

  3. Taikomosios emblemos Vilniaus bažnyčiose ir jų literatūriniai šaltiniai | Applied emblems in Vilnius churches and their literary sources

    Directory of Open Access Journals (Sweden)

    Veronika Gerliakienė

    2005-01-01

    Full Text Available This article deals with applied emblems found in open Vilnius churches, decorated in the 16th–18th centuries. There are twenty–seven decorative emblems placed on the ceilings and arches of the churches. The verbal part of these emblems, called inscriptio or lemma, is the object of the article.In the 16th century when European literature was enriched with a new genre of emblem, the artists and craftsmen began to use these emblems as a decorative element in their works such as jewelry, armours, carpets, bells, plates, furniture etc. The same phenomenon is seen in the decoration of Vilnius churches.Our research proved that people who worked out the idea of the decoration of the church used two sources for decorative emblems – the Bible (a short quotation from the Bible was used as an inscription and well-known literary emblems. Speaking about the latter source, some decorative emblems are exact copies of the works of famous 16th century writers, where inscription, icon and concept are taken without any changes. Others show variations on popular literary emblems of that time. Modifications could appear both in verbal and in visual part, thus entirely changing the idea of the emblem.

  4. [Outpatient commitment under court order in psychiatry].

    Science.gov (United States)

    Bauer, Arie; Rosca, Paola; Shai, Ozi; Charnas, Jacob; Lehman, Dina; Mester, Roberto; Khawaled, Razek

    2007-08-01

    Outpatient commitment under court order is a controversial issue among mental health professionals in different countries. This kind of outpatient involuntary treatment is provided for mental patients suspected to have committed a crime endangering society while in a severe psychotic state. Despite their dangerousness, the Israeli Mental Health Law of 1991 provides outpatient commitment under court order as an alternative to inpatient commitment. This legal provision raises several concerns and important ethical questions. A major dilemma is the question of whether this legal tool is efficacious in stabilizing the mental condition of criminal mental patients in order to prevent the perpetuation of violent crimes in an open setting such as outpatient clinics. Other major concerns are: (a) who bears the responsibility for the implementation of the enforcement? (b) how the enforcement might be implemented? This paper discusses this complex issue and presents some possible solutions aimed at improving the practical use of this important component of the comprehensive modern system of care for mental patients.

  5. Istrict office and first instance court complex

    Directory of Open Access Journals (Sweden)

    Kuzović Duško

    2014-01-01

    Full Text Available In Uzice since year 1923. to 1927. was built the facility of District Office and First Instance Court. The project was developed by Krusevac Building Directorate in spirit of historical architecture styles. Property consists an entrance risalit and two side wings cut in axis with lateral risalits. Facility has ground floor and first floor. The main entrance is through central risalit from where is the access to corridors that are on garden side of side wings. From corridors approach continues to offices oriented to the main facade and the street. In courtyard is an annex with court room with entrance from the central hall. Walls are made of brick, mezzanine construction is wooden or metal, and roof structure is of wood. The roof is gabled except above risalit where it is hipped, covered with ceramic tiles. Ground-floor windows have arched beams and first-floor have flat. Ground-floor doors are located in risalit axle and have arched lintel. Facade is composed at high socle, ground floor is treated with deep horizontal fugues, floor is flat plastered. Decoration is limited to risalits and around window areas where are shallow niches with simple decoration of series of medallions and ribbons. Facility contains several cornices arranged by height of the facade. During years 1956. and 1957. building was upgraded and main facade modified.

  6. 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.

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

    Science.gov (United States)

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

    2012-01-01

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

  8. The Relevance of Criminal Courts in the Global South

    Directory of Open Access Journals (Sweden)

    Pablo Leandro Ciocchini

    2017-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Samuel Joseph Lebese

    2015-12-01

    Full Text Available In South Africa there are no models of court interpreting to serve as a guide for court interpreters when performing their task. This is because there is no proper definition of the role of a court interpreter. Models of court interpreting define and describe the process by stating what court interpreters are actually doing when carrying out their task. The absence of these models presents challenges to South African court interpreters as they are expected to follow international models which are formulated culturally, using English metaphorical language which differs from that of indigenous South African languages. As a result, the metaphorical language is likely to be misinterpreted by South African court interpreters as English is not their first language. The application of international models is likely to cause challenges when applied in the South African context, hence the need to formulate models of court interpreting which can be applied to the South African linguistic context. The study follows a qualitative research approach and uses multifaceted theoretical frameworks, namely descriptive translation studies (DTS, cognitive process analysis, and content analysis in collecting and analysing the data.

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

    Science.gov (United States)

    Maule, Linda S.; Schmid, Karen

    2006-01-01

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

  11. 78 FR 26425 - Sentencing Guidelines for United States Courts

    Science.gov (United States)

    2013-05-06

    ... has sufficient indicia of reliability to support its probable accuracy (see Sec. 6A1.3 (Resolution of.... Gordon, 291 F.3d 181, 187 (2d Cir. 2002) (applying Martinez-Rios, the court held that the district court... support its probable accuracy. Consistent with the principles set forth in Sec. 6A1.3 (Resolution of...

  12. 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…

  13. Saskatchewan Court of Appeal: marriage commissioners cannot discriminate.

    Science.gov (United States)

    Petersen, Cynthia; Davies, Christine

    2011-04-01

    The Saskatchewan Court of Appeal has ruled that proposed legislation allowing marriage commissioners to refuse to solemnize same-sex marriages based on religious objections would violate the equality rights of gays and lesbians under the Canadian Charter of Rights and Freedoms (Charter). The Court expressed its opinion in a Reference involving proposed amendments to the Marriage Act.

  14. The universal jurisdiction of South African criminal courts and ...

    African Journals Online (AJOL)

    Under the "complementarity" regime of the Rome Statute of the International Criminal Court (ICC), the jurisdiction of the ICC is secondary to the jurisdiction of domestic courts. States Parties, not the ICC, have the primary responsibility of investigating and prosecuting international crimes. The ICC acts only when States are ...

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

    African Journals Online (AJOL)

    With the introduction of federal arrangement with the FDRE Constitution, the issue of distribution of powers between the Federal Government and the states in general and that of criminal adjudicative jurisdiction between the Federal courts and state courts in particular has become a controversial point. This controversy has ...

  16. 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,

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

    Science.gov (United States)

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

    2006-01-01

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

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

    African Journals Online (AJOL)

    One of the most fundamental questions of law is whether a given court has jurisdiction to preside over a given case. Jurisdiction is a critical legal issue underpinning the prosecution of offenders of international crimes envisaged by the International Criminal Court(ICC). The ICC must establish proper jurisdiction to assert ...

  19. 22 CFR 19.6 - Court orders and divorce decrees.

    Science.gov (United States)

    2010-04-01

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

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

    African Journals Online (AJOL)

    The Jurisdiction of the Regional Courts Amendment Act , 2008: Some implications for child law and divorce jurisdiction. ... In conclusion, comments are made about the positive and less positive aspects of the JRCAA, and suggestions for reform are provided. Die inwerkingtreding van die Jurisdiction of Regional Courts ...

  1. HIV/STI Risk Behavior of Drug Court Participants

    Science.gov (United States)

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

    2012-01-01

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

  2. Individual Factors Predicting Mental Health Court Diversion Outcome

    Science.gov (United States)

    Verhaaff, Ashley; Scott, Hannah

    2015-01-01

    Objective: This study examined which individual factors predict mental health court diversion outcome among a sample of persons with mental illness participating in a postcharge diversion program. Method: The study employed secondary analysis of existing program records for 419 persons with mental illness in a court diversion program. Results:…

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

    DEFF Research Database (Denmark)

    Mayoral, Juan A.; Wind, Marlene

    2016-01-01

    National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this p...

  4. Brandeis Lawsuit Puts Campus Courts in the Dock.

    Science.gov (United States)

    Gose, Ben

    2000-01-01

    Analyzes the case of a Brandeis University student found guilty of "unwanted sexual activity" by a university judicial panel. The student sued Brandeis, and the Massachusets Appeals Court ruled against Brandeis despite the court's customary deference to the decision making of private institutions. Ten other colleges are supporting…

  5. Domestic courts as agents of development of international immunity rules

    NARCIS (Netherlands)

    van Alebeek, R.

    2013-01-01

    This paper explores the role of domestic courts in the development of international immunity rules. It assesses how domestic immunity decisions take meaning in the process of law formation and law determination, and examines whether the distinct influence of domestic-court decisions (as compared to

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

    NARCIS (Netherlands)

    Tsoutsanis, A.

    2014-01-01

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

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

    Science.gov (United States)

    Norris, Michael; Twill, Sarah; Kim, Chigon

    2011-01-01

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

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

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

    Improving Labour Courts in Mexico: The Case of Cuautitlan. Outdated and inefficient labour laws and courts make it difficult for workers in Mexico to resolve labour disputes and secure compensation. Although Mexico has rebounded from its 2009 ... Journal articles. Delay and corruption : a simple model with empirical tests ...

  9. The Sociocultural Significance of Court Institutions in Colonial Virginia

    Directory of Open Access Journals (Sweden)

    Pavel V. Vostrikov

    2017-09-01

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

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

    Science.gov (United States)

    2016-01-01

    Previous studies suggest a significant role of language in the court room, yet none has identified a definitive correlation between vocal characteristics and court outcomes. This paper demonstrates that voice-based snap judgments based solely on the introductory sentence of lawyers arguing in front of the Supreme Court of the United States predict outcomes in the Court. In this study, participants rated the opening statement of male advocates arguing before the Supreme Court between 1998 and 2012 in terms of masculinity, attractiveness, confidence, intelligence, trustworthiness, and aggressiveness. We found significant correlation between vocal characteristics and court outcomes and the correlation is specific to perceived masculinity even when judgment of masculinity is based only on less than three seconds of exposure to a lawyer’s speech sample. Specifically, male advocates are more likely to win when they are perceived as less masculine. No other personality dimension predicts court outcomes. While this study does not aim to establish any causal connections, our findings suggest that vocal characteristics may be relevant in even as solemn a setting as the Supreme Court of the United States. PMID:27737008

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

    African Journals Online (AJOL)

    AbdiJA

    Focusing on the Economic Community of West African States Court of Justice, the East African Court of Justice, ... to their economic development.3 In the Algiers Declaration, African leaders identified a political ...... Commission on the Prevention of Discrimination and Protection of Minorities did not decide on the merit of the ...

  12. XVIII amžiaus antrosios pusės Lietuvos Didžiosios Kunigaikštystės universalieji laikmačiai: Vilniaus ir Gardino kalendoriai. Universal Time counters of the Grand Duchy of Lithuania in the second half of the 18th century: Vilnius and Grodno Calendars

    Directory of Open Access Journals (Sweden)

    Jurgita Žąsinaitė-Gedminienė

    2010-01-01

    Full Text Available The article focuses on the calendars of the Grand Duchy of Lithuania (GDL which were published in the second half of the 18th century. Emphasizing the fact that in the Age of Enlightenment calendars as well as other periodicals underwent significant developments in terms of form, content, and audi­ence, Vilnius Calendar (pl. Kalendarz Wileński and Grodno Calendar (Kalędarz Grodzieński are being analysed.Vilnius and Grodno Calendars included news from the whole world and from the area of the GDL. The information concerning astronomy, medicine, and prophesies also used to be published there.The calendars dealt with social and moral issues of the time and were considered to be peculiar in­structors of the society. Apart from that they enabled their readers to express themselves by proclaiming openly society’s interests and needs. In this way a specific communication medium between this uni­versal form of press and its audience was created. From the publications of Vilnius and Grodno Calendars the history of Lithuanian post could be traced. There is also much information of the state management in the GDL in the last decades of the 18th century.In general Vilnius and Grodno Calendars could be regarded as some ABC books of politics, econo­my, and culture that were dedicated to the inquisitive and demanding society of the second half of the 18th century.

  13. 77 FR 71687 - Federal Employees' Group Life Insurance Program: Court Orders Prior to July 22, 1998

    Science.gov (United States)

    2012-12-04

    ... decree of divorce, annulment, or legal separation, or any court- approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation (hereinafter ``court order'') where...

  14. Investigating deviations from norms in court interpreting

    DEFF Research Database (Denmark)

    Dubslaff, Friedel; Martinsen, Bodil

    , in some cases, all - professional users involved (judges, lawyers, prosecutors). As far as the non-Danish speaking users are concerned, it has, with one notable exception, unfortunately not been possible to obtain data from this group via questionnaires. As this type of data, however, is important...... deviations and sanctions in every case. By way of example: Several judges, who had given their consent to recordings of authentic data in connection with the research project, reported that they had experienced problems with insufficient language proficiency on the part of untrained interpreters speaking...... speaking these languages. This example does not immediately indicate that Translation Studies might be able to contribute to, for example, an improvement of the training situation for the group of court interpreters mentioned above. However, in our opinion, there is reason to believe that TS can make...

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

    Science.gov (United States)

    Lederman, Cindy S

    2011-09-01

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

  16. Towards Leadership: The Emergence Of Contemporary Court Administration In Australia

    Directory of Open Access Journals (Sweden)

    Richard Foster

    2013-02-01

    Full Text Available Australian court administration as we know it today emerged in the mid-1980s in response to a range of factors. This paper draws on the wisdom of pioneering court and judicial administrators to explain how the past has shaped contemporary court practices, and to explore the challenges for modern leaders in court administration.The paper briefly sets out the recent history of court administration, including an examination of practices and roles priorto the beginning of reforms in the 1980s. The paper then chronicles the remarkable role that court administrators haveplayed in responding to the demands of change, and their reinvention as educated and respected managementprofessionals.Discussion then turns to current court administration and the demands it places on its practitioners in areas including performance measurement, client centered services, financial management, relationships with the judiciary, external relationships and innovation. The subjects covered in this section have been confined to those areas where the author believes the leadership implications are greatest. The paper then looks forward, examining the implications of emerging trends.Finally, the paper concludes that while the technical management skills demanded of the court administrator are important and should in no way be diminished, reflection on the past, present and emerging future shows that it is an aptitude for the intangible art of leadership that sets apart those who succeed in this role.While much of this paper is written with the senior court administrator or chief executive in mind, many of its observations and conclusions can be applied to the profession of court administration more generally.

  17. 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.

  18. The mating dance in cleanup recoveries: How to court responsible parties and in what court to do it

    Energy Technology Data Exchange (ETDEWEB)

    Meyer, G.A. [Parker, Milliken, Clark, O`Hara and Samuelian, Los Angeles, CA (United States)

    1995-12-31

    This article discusses the legalities which pertain specifically to hazardous waste cleanup. Topics of discussion include the following: threshold decisions: litigate or negotiate; forum issues--Federal or state court; claims in state court; and different types of damages and recovery. CERCLA is not the only grounds for recovery in environmental contamination cases. Common law and RCRA are also attractive.

  19. The mating dance in cleanup recoveries: How to court responsible parties and in what court to do it

    Energy Technology Data Exchange (ETDEWEB)

    Meyer, G.A. [Parker, Milliken, Clark, O`Hara and Samuelian, Los Angeles, CA (United States)

    1996-12-31

    CERCLA is not the only grounds for recovery in environmental contamination cases. Common law and RCRA claims are attractive, especially when petroleum contamination is at issue. Attention is focused on the following: threshold decisions (litigate or negotiate); forum issues (federal or state court); claims in state court; and different types of damages and recovery.

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

    NARCIS (Netherlands)

    Strootman, R.

    2007-01-01

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

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

    Science.gov (United States)

    2005-01-01

    courts-martial. See United States v. Jacoby , 29 C.M.R. 244 (C.M.A. 1960) (holding that the Bill of Rights apply to Soldiers unless explicitly or...corpus has served as a means of reviewing the legality of executive detention.”); see also Roberto Iraola, Enemy Combatants, the Courts, and the

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

    DEFF Research Database (Denmark)

    Neergaard, Ulla; Sørensen, Karsten Engsig

    2017-01-01

    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...

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

    Directory of Open Access Journals (Sweden)

    Diones Gomes da Rocha

    2017-09-01

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

  4. Optimalisasi Peran International Criminal Court Dan Aplikasi Aksi Kemanusiaan Sebagai Inisiasi Penyelesaian Kasus Etnis Rohingya

    OpenAIRE

    Satrio K, Ayub Torry

    2014-01-01

    Rohingya is an ethnic in Myanmar which becomes victim of human rights violation by the un-recognition of the ethnic citizenship. They also undergo several treatments which lead to genocide trials. The government of Myanmar did not take any optimal action in order to bring this problem to an end. There are three action proposed in this writings to initiate a problem solving, i.e.: a case settlement with the act of International Criminal Court based on Rome Statute 1998; a humanitarian action a...

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

    Science.gov (United States)

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

    2012-01-01

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

  6. Court Culture during the Reign of Christian IV

    DEFF Research Database (Denmark)

    Olden-Jørgensen, Sebastian

    2007-01-01

    Court culture can be defined as a range of cultural forms (festival culture, painting, literature, music, architecture) employed for the enhancement of princely status and the communication of political messages. Christian IV evidently set great store on court culture beginning with his magnificent...... coronation in 1596, reaching a climax with the "great wedding" (of crown prince Christian) in 1634 and at last colapsing during the military and political crisis in the last years of his long reign (1588/96-1648). Danish court culture during the reign of Christian IV decidedly was on an European level...

  7. 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.

  8. Good Faith in Life Insurance Contract by Indonesian Court

    Directory of Open Access Journals (Sweden)

    Mokhamad Khoirul Huda

    2017-03-01

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

  9. The Problem of Emergency in the American Supreme Court

    DEFF Research Database (Denmark)

    Hartz, Emily; ugilt, rasmus

    2011-01-01

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

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

    DEFF Research Database (Denmark)

    Godzimirska, Zuzanna; Creamer, Cosette

    Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine the reas......Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine...... of members on the operation of three ICs with different institutional designs and roles: the International Court of Justice, the International Criminal Court, and the Appellate Body of the World Trade Organization. We employ supervised learning methods of text classification to identify statements...

  11. 5 CFR 1604.9 - Court orders and legal processes.

    Science.gov (United States)

    2010-01-01

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

  12. Courts as communicators: can doctors learn from judges' decisions?

    Science.gov (United States)

    Skene, Loane

    2004-01-01

    The role of the courts in 'communicating' with those affected by their decisions is contentious. Some legal commentators maintain that courts and legislators are able to communicate decisions effectively and that attempts to 'dumb down' the law will not make such decisions more accessible to doctors and other professionals. Justice Michael Kirby, on the other hand, seems to share the present author's view that judges could improve their communication of their decisions to a wider audience: 'In future, it seems inevitable that proceedings [of the High Court] will be broadcast live. Maybe one of the judges will explain the decisions of the court in simple terms as they are handed down ... Adaptation to new ways and values is part of the genius of our law, although some if its practitioners need to be dragged kicking and screaming to accomplish the changes' (emphasis added).(1) This article explores the position in Australia.

  13. Two major prison cases poised for court review.

    Science.gov (United States)

    1998-02-20

    The courts are divided on whether the Americans with Disabilities Act (ADA) and the Rehabilitation Act apply to State prisoners. The debate of whether disabled inmates are entitled to the same programs and services as nondisabled inmates will be addressed in court cases in Alabama and Pennsylvania. The U.S. Supreme Court will hear Pennsylvania Department of Corrections v. [Name removed] to determine whether Federal disability-rights laws apply to State prisons. In the case, the inmate was denied access to a boot camp program because of his hypertension. The 11th U.S. Circuit Court of Appeals will hear [name removed] v. [Name removed], an Alabama case involving the question of whether mandatory HIV testing and segregation are permissible if it serves a prison's interests in protecting uninfected prisoners. Both cases have major implications for HIV-positive inmates.

  14. Federalism in the Taft Court Era: Can It Be Revived"?

    OpenAIRE

    Post, Robert

    2001-01-01

    This article analyzes the Supreme Court's view of federalism during the decade of the 1920s. It offers a detailed discussion of four jurisprudential areas: congressional power, dormant Commerce Clause doctrine, intergovernmental tax immunity, and judicial centralization through the enforcement of federal common law and constitutional rights. The resurgent federalism of the contemporary Court is typically characterized as "reviving" pre-New Deal principles. The article concludes, however, that...

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

    Science.gov (United States)

    Middleton, Tiffany

    2013-01-01

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

  16. Unanimous Supreme Court finds for actions by whistleblowers

    Energy Technology Data Exchange (ETDEWEB)

    Norris, J.E.

    1990-07-19

    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.

  17. Reform of the European Court of human rights

    OpenAIRE

    Mojsilović Marijana

    2013-01-01

    The European Court of Human Rights is the crown in the international system for protecting human rights. In recent years the Court has become a victim of its own success. In response to growing backlog of individual complaints, the Council of Europe has, over the last five years, considered numerous proposals to restructure the European human rights regime and redesign the European Convention on Human Rights. The aim of this article is just to show the most important innovations introduced pr...

  18. Language Planning and Policy Development for Court Interpretation Services in the United States.

    Science.gov (United States)

    Schweda-Nicholson, Nancy

    1986-01-01

    Chronicles the history of federal laws governing use of court interpreters, focusing on the Court Interpreters Act of 1978. The Spanish/English Federal Court Interpreter Certification Examination is discussed, and problems in state court interpreter selection, policy formation, and improvement of interpreting quality are presented. (Author/MSE)

  19. The Effectiveness of Idaho DUI and Misdemeanor/DUI Courts: Outcome Evaluation

    Science.gov (United States)

    Ronan, Scott M.; Collins, Peter A.; Rosky, Jeffrey W.

    2009-01-01

    As DUI Courts continue to expand through the United States, research needs to match the growth to inform administrators and the public on the effectiveness of these courts. The current study found that participation in a DUI or Misdemeanor/DUI Drug Court (23%) reduced recidivism compared to a comparison group (37%) with court filing records that…

  20. 5 CFR 838.222 - OPM action on receipt of a court order acceptable for processing.

    Science.gov (United States)

    2010-01-01

    ... Processing Court Orders Affecting Employee Annuities Application and Processing Procedures § 838.222 OPM action on receipt of a court order acceptable for processing. (a) If OPM receives a court order...) The former spouse— (i) That the court order is acceptable for processing; (ii) Of the date on which...

  1. Satellites, Plasmas and Law: The Role of TeleCourt in Changing Conceptions of Justice and Authority in Ethiopia

    Directory of Open Access Journals (Sweden)

    Zenebe Beyene

    2015-05-01

    Full Text Available An ambitious experiment in the ICT and justice sector is underway in Ethiopia. As part of an effort to improve service delivery and the responsiveness of the state, the Ethiopian government has created 'TeleCourt,' a system that allows trials to take place between remote areas and regional or federal courts through videoconferencing and a satellite Internet connection. This article is the first to analyze how TeleCourt operates, with a particular focus on the perspectives of end-users, those who have had first-hand experience of how 'justice at a distance' actually works. The findings suggest general satisfaction with the savings - both in terms of financial burden and time costs that are often incurred when travelling to trials - which TeleCourt allows. As the system improves ways to provide justice to the grassroots, in line with the government's commitment towards peasants, this must also be considered in the context of the Ethiopian government's growing efforts to use law to curb political dissent. This is indicative of a broader tendency of selectively adopting and reshaping ICTs and extending them to the poorest people in Ethiopia in order to support the functioning of the state, while other uses of ICTs that are seen as potentially destabilizing are discouraged or forbidden.

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

    Directory of Open Access Journals (Sweden)

    Lydia Terekhova

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Adalmir Oliveira Gomes

    2017-09-01

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

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

    DEFF Research Database (Denmark)

    Neergaard, Ulla; Sørensen, Karsten Engsig

    2017-01-01

    implications and therefore the remedy are far from certain. While both judgments appear to reflect a lack of mutual trust between the two courts, they also expose a range of highly significant issues of wide importance. To understand both what went wrong in the judicial dialogue and the wider issues at stake...... prohibiting age discrimination. This issue lay at the heart of the dispute and it seems very likely that the Danish Supreme Court felt that the CJEU had been too activist when it originally ‘launched’ this general principle. Indeed, the reasoning of the Danish Supreme Court gives the impression that the CJEU...... showed that it too had an activist streak. Thus, both Courts were quite imaginative in trying to mould the central issues as falling within their exclusive jurisdiction. As a consequence of the judgments, parts of EU law are not, it appears, fully part of Danish law, but unfortunately the full...

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

    National Research Council Canada - National Science Library

    2002-01-01

    ...; and prescribe sanctions and rewards as appropriate in collaboration with prosecutors, defense attorneys, treatment providers, and others. While some basic requirements are set at the federal level, most decisions about how a drug court operates are left to local jurisdictions.

  6. 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

  7. State Courts, Federal Courts, and Legal Scholars Have Determined That LGBT People Have Experienced a Long History of Discrimination

    OpenAIRE

    Sears, Brad; Mallory, Christy; Hunter, Nan D.

    2009-01-01

    Equal protection analysis, as articulated by the United States Supreme Court1 and followed by most states in interpreting state constitutions, requires that a suspect class must historically have been subjected to discrimination. Every state and federal court that has substantively considered whether sexual orientation is a suspect class has held that LGBT people have faced a long history of discrimination. In addition, dozens of legal scholars have also concluded that LGBT people have suffer...

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

    Directory of Open Access Journals (Sweden)

    Gemma Sala

    2014-12-01

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

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

    National Research Council Canada - National Science Library

    David J McQuoid-Mason

    2017-01-01

    Whether persons wishing to have doctor-assisted suicide or voluntary active euthanasia may make a court application based on their rights in the Constitution has not been answered by the Appeal Court...

  10. End-of-life decisions: Christian perspectives.

    Science.gov (United States)

    Stempsey, William E

    1997-12-01

    While legal rights to make medical treatment decisions at the end of one's life have been recognized by the courts, particular religious traditions put axiological and metaphysical meat on the bare bones of legal rights. Mere legal rights do not capture the full reality, meaning and importance of death. End-of-life decisions reflect not only the meaning we find in dying, but also the meaning we have found in living. The Christian religions bring particular understandings of the vision of life as a gift from God, human responsibility for stewardship of that life, the wholeness of the person, and the importance of the dying process in preparing spiritually for life beyond earthly life, to bear on end-of-life decisions.

  11. End-Users, Front Ends and Librarians.

    Science.gov (United States)

    Bourne, Donna E.

    1989-01-01

    The increase in end-user searching, the advantages and limitations of front ends, and the role of the librarian in end-user searching are discussed. It is argued that librarians need to recognize that front ends can be of benefit to themselves and patrons, and to assume the role of advisors and educators for end-users. (37 references) (CLB)

  12. Lac Courte Oreilles Energy Analysis Project

    Energy Technology Data Exchange (ETDEWEB)

    Leslie Isham; Denise Johnson

    2009-04-01

    The Lac Courte Oreilles Tribe applied for first step funding in 2007 and was awarded in October of that year. We wanted to perform an audit to begin fulfilling two commitments we made to our membership and resolutions that we adopted. One was the Kyoto Protocol and reduce our carbon emissions by 25% and to produce 25% of our energy by sustainable means. To complete these goals we needed to begin with first assessing what our carbon emissions are and begin taking the steps to conserve on the energy we currently use. The First Step Grant gave us the opportunity to do this. Upon funding the Energy Project was formed under the umbrella of the LCO Public Works Department and Denise Johnson was hired as the coordinator. She quickly began fulfilling the objectives of the project. Denise began by contact the LCO College and hiring interns who were able to go to each Tribal entity and perform line logging to read and document the energy used for each electrical appliance. Data was also gathered for one full year from each entity for all their utility bills (gasoline, electric, natural gas, fuel oil, etc.). Relationships were formed with the Green Team and other Green Committees in the area that could assist us in this undertaking. The Energy Task Force was of great assistance as well recommending other committees and guidance to completing our project. The data was gathered, compiled and placed into spreadsheets that would be understandable for anyone who didn't have a background in Renewable Resources. While gathering the data Denise was also looking for ways to conserve energy usage, policies changes to implement and any possible viable renewable energy resources. Changes in the social behaviors of our members and employees will require further education by workshops, energy fairs, etc.. This will be looked into and done in coordination with our schools. The renewable resources seem most feasible are wind resources as well as Bio Mass both of which need further

  13. 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.

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

    Science.gov (United States)

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

    2017-06-01

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

  15. Court Reconstruction for Camera Calibration in Broadcast Basketball Videos.

    Science.gov (United States)

    Wen, Pei-Chih; Cheng, Wei-Chih; Wang, Yu-Shuen; Chu, Hung-Kuo; Tang, Nick C; Liao, Hong-Yuan Mark

    2016-05-01

    We introduce a technique of calibrating camera motions in basketball videos. Our method particularly transforms player positions to standard basketball court coordinates and enables applications such as tactical analysis and semantic basketball video retrieval. To achieve a robust calibration, we reconstruct the panoramic basketball court from a video, followed by warping the panoramic court to a standard one. As opposed to previous approaches, which individually detect the court lines and corners of each video frame, our technique considers all video frames simultaneously to achieve calibration; hence, it is robust to illumination changes and player occlusions. To demonstrate the feasibility of our technique, we present a stroke-based system that allows users to retrieve basketball videos. Our system tracks player trajectories from broadcast basketball videos. It then rectifies the trajectories to a standard basketball court by using our camera calibration method. Consequently, users can apply stroke queries to indicate how the players move in gameplay during retrieval. The main advantage of this interface is an explicit query of basketball videos so that unwanted outcomes can be prevented. We show the results in Figs. 1, 7, 9, 10 and our accompanying video to exhibit the feasibility of our technique.

  16. HIV not communicable in restaurant setting, court rules.

    Science.gov (United States)

    1996-09-06

    The case of [name removed] v. [Name removed] may be brought before the Michigan Supreme Court for the third time. In 1988, restaurateur [name removed] ordered then waitress [name removed] to undergo an HIV-antibody test at her own expense because several customers suspected that she might be HIV-positive. [Name removed] tested negative and sued [name removed] for discrimination under the State handicap statute. The trial judge dismissed the case and the Court of Appeals affirmed. In 1992, the State Supreme Court reversed the ruling, stating that the statute prohibits discrimination, even when it is based on erroneous perception of HIV infection. [Name removed] appealed, contending that he had a right under the Public Health Code to suspend [name removed] because he suspected that she had a contagious disease. The Court of Appeals cited other health regulations stating that a person with AIDS can continue working as a food handler because there is no evidence that HIV is spread through casual contact or exposure to food and water. [Name removed]' attorneys have asked the Michigan Supreme Court to reverse this ruling.

  17. Decision of the Federal Constitutional Court on the nuclear fuel tax. A threefold big bang; Entscheidung des Bundesverfassungsgerichts zur Kernbrennstoffsteuer. Dreifacher Paukenschlag

    Energy Technology Data Exchange (ETDEWEB)

    Leidinger, Tobias [Luther Rechtsanwaltsgesellschaft, Duesseldorf (Germany)

    2017-08-15

    With the decision of the Federal Constitutional Court (BVerfG, file number 2 BvL 6/13) published on 7 June the Federal Constitutional Court has ''tipped'' the so-called nuclear fuel tax levied by nuclear power plant operators from 2011 to the end of 2016 (tax revenues approx. 6.285 billion Euros). According to the court the Federal legislature does not has any legislative competence for the introduction of this tax. Including interest rates, the current tax debtors E.ON, RWE and EnBW are now refunded a total of just under Euro 7 billion of wrongly levied taxes for the years 2011 to 2016. In substance, the decision on the unconstitutionality and invalidity of the nuclear fuel tax is a threefold big bang.

  18. 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 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...... and open spaces are considered as reflecting patterns of spatial organization in the settlements and of the diverse activities of their residents. The differences between the use of open areas in the acropoleis and in the lower towns are pointed out, as well as changes in the use patterns after the fall...

  19. Quality issues of court reporters and transcriptionists for qualitative research.

    Science.gov (United States)

    Hennink, Monique; Weber, Mary Beth

    2013-05-01

    Transcription is central to qualitative research, yet few researchers identify the quality of different transcription methods. We explored the quality of verbatim transcripts from traditional transcriptionists and court reporters by reviewing 16 transcripts from 8 focus group discussions using four criteria: transcription errors, cost, time of transcription, and effect on study participants. Transcriptionists made fewer errors, captured colloquial dialogue, and errors were largely influenced by the quality of the recording. Court reporters made more errors, particularly in the omission of topical content and contextual detail, and were less able to produce a verbatim transcript; however, the potential immediacy of the transcript was advantageous. In terms of cost, shorter group discussions favored a transcriptionist and longer groups a court reporter. Study participants reported no effect by either method of recording. Understanding the benefits and limitations of each method of transcription can help researchers select an appropriate method for each study.

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

    Science.gov (United States)

    Beane, E A; Beck, J C

    1991-01-01

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

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

    CERN Document Server

    2013-01-01

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

  2. THE RIGHT TO AN INDEPENDENT COURT OF LAW. THEORETICAL ASPECTS. THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

    Directory of Open Access Journals (Sweden)

    MIRCEA DAMASCHIN

    2011-04-01

    Full Text Available International specialized literature approaches the concept of court of law from two perspectives: on the one hand, this concept refers to the court of law, regarded as a key linking element within the unitary judicial system, and, on the other hand, to the panel of judges, regarded as the main subject of the criminal procedure, i.e. thejudges who take part in trying a criminal case. In a criminal case, the court of law plays the most important role and its main attribute is the function of jurisdiction, which represents the sum of powers granted to a magistrate for the administration of justice1. The court of law plays a significant role in the rule of law state; thus, both at national and international level, attempts are made in order to set up a legal framework consisting of norms issued by national lawmakers or by official international institutions or by some magistrate associations or NGOs. All these efforts are meant to underline the significant role that the judiciary plays in a rule of law democratic society. In this study we shall try to analyse the concept of “independent court of law”, as this is presented in the national system of law, in its specific norms that are provided by international normative acts and in the principles deriving from the ECHR case-law.

  3. The Impact of an Indiana (United States Drug Court on Criminal Recidivism

    Directory of Open Access Journals (Sweden)

    John R. Gallagher

    2014-07-01

    Full Text Available This study evaluated a drug court located in a metropolitan area of Indiana (United States, focusing specifically on identifying variables that predicted recidivism among drug court participants and comparing criminal recidivism patterns among drug court and probation participants. Drug court participants were most likely to recidivate if they were younger, had a violation within the first 30 days of the program, had a previous criminal record, and were terminated unsuccessfully from the program. Furthermore, drug court participants were less likely to recidivate than probationers who had similar offense and demographic characteristics. Implications for drug court practice, policy advocacy, and future research are discussed.

  4. The Virtual Court Action: procedural facilitation in law

    Directory of Open Access Journals (Sweden)

    Karen Barton

    1998-12-01

    Full Text Available When they learn procedural law, students need to understand and memorize the forms of legal court action which can be carried out by parties to a case. A large proportion of this body of law is descriptive and factual, but complex too; and the constraints of academic curricula do not allow students to learn procedural law in the real environment of the court. As a result, even with the inclusion of case law, and with examples to contextualize the procedural principles, the subject can be perceived as an exercise in knowledge acquisition alone (Vaughn, 1995.

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

    Science.gov (United States)

    Norman, John; Gloor, Alex

    2018-01-01

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

  6. Civilians in Russian Military Courts, 1881-1904

    Directory of Open Access Journals (Sweden)

    William C. Fuller

    2008-07-01

    Full Text Available This article was previously published in the Russian Review, Vol. 41, No. 3. (Jul., 1982, pp. 288-305. It is reprinted in our journal with the Blackwell Publishing’s authorization.Clemenceau is supposed to have remarked once that "military justice is to justice as military music is to music." This salty analogy encapsulates the popular conception of military courts in Europe at the turn of the century. In the public mind the courts were presumed to be arbitrary tribunals in which due process...

  7. Montana's high court overturns order terminating parental rights.

    Science.gov (United States)

    1999-08-06

    An inmate with AIDS in Montana, who refused to release his medical records, initially had his parental rights terminated by a district court judge. The records were to be used by the Montana Department of Public Health and Human Services to help formulate a treatment program for his children. In addition, the department feared the inmate's health was unstable, but did not disclose either motive for petitioning his medical records. The Montana Supreme Court overturned the ruling, stating the department should have disclosed it's intentions for obtaining the records, and for establishing a treatment plan for the two children.

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

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    2014-01-01

    Victim participation is one of the most innovative aspects introduced in the legal framework of the International Criminal Court (hereinafter – ICC), which has not featured in the practices of other international criminal courts and tribunals. The approach of the ad hoc tribunals to victims...... was very ‘consumer like’ because victims were solely used as witnesses to testify about the crimes attributed to the accused, but they were not granted broad participatory rights in the proceedings. The drafters of the Rome Statute acknowledged wide-ranging interests of victims who, apart from seeking...

  9. The Fashion of Chinoiserie in the European Courts: Metastasio’s Le cinesi

    Directory of Open Access Journals (Sweden)

    Chiara Cristiani

    2011-11-01

    Full Text Available This essay proposes an overview of the chinoiserie trend that exploded across Europe in the eighteenth century, influencing tastes in dress, painting, furniture, and theatre, with a particular reference to the European courts, among which the Court of Vienna held a place of absolute relevance. Le cinesi, a celebrative short play by Metastasio, official poet of the House of Haupsburg, is a libretto that shows how the trend affected the social life at the emperors’ parties, offering also an important document of how European aristocrats and literary men imagined the Chinese way of life, people and costumes, often not actually in relation to the truth of that world, which lay so far away from them. With a strict textual analysis, this paper demonstrates how, in the end, Metastasio paints a wonderful picture of an allegorical representation of dramatic genres, creating a mirror effect between the European spectators and the Chinese characters, via which the author outlines a connection that binds the audience to the stage and leads them to reflect not only on themselves, but also on issues of the theatre itself. 

  10. OPTIMALISASI PERAN INTERNATIONAL CRIMINAL COURT DAN APLIKASI AKSI KEMANUSIAAN SEBAGAI INISIASI PENYELESAIAN KASUS ETNIS ROHINGYA

    Directory of Open Access Journals (Sweden)

    Ayub Torry Satrio K

    2014-09-01

    Full Text Available Rohingya is an ethnic in Myanmar which becomes victim of human rights violation by the un-recognition of the ethnic citizenship. They also undergo several treatments which lead to genocide trials. The government of Myanmar did not take any optimal action in order to bring this problem to an end. There are three action proposed in this writings to initiate a problem solving, i.e.: a case settlement with the act of International Criminal Court based on Rome Statute 1998; a humanitarian action as a step regarding the government failure in overcoming the humanitarian crisis on the ethnic of Rohingya; and an application of hu-man security concept in order to bring back the security of Rohingya people. Those actions can be carried out through the mechanism of international organization such as UN and its derivative bodies; or through the mechanism of regional bodies where Myanmar is one of the member, ASEAN. Keywords : Rohingya ethnic, International Criminal Court, Humanitarian Action

  11. "War" in the Jurisprudence of the Inter American Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Laurence Burgorgue - Larsen

    2010-12-01

    Full Text Available How have Inter-American Human Rights bodies dealt with the notion of “war”, which has been transformed over time into the notion of internal and international “armed conflicts”? This question provides the analytical foundation of the first part of this study, which sets out the various types of conflicts that have occurred in the American continent. These situations (armed conflicts, internal strife, State terrorism have produced a wide range of legal categorizations, utilized by both the Commission and Inter-American Court of Human Rights in their case-law. This conceptual delimitation carried out by these two bodies is all the more important as it affects the law that applies to armed conflicts. Indeed, by analysing this question, the never-ending debate on the relationship between International Human Rights Law and International Humanitarian Law reappears. The second part of this study therefore focuses on the issue of discovering whether and in which way jus in bello has found its place into the Inter-American Human Rights bodies’ case-law. As the active political life of Latin American societies has shown, the study of the different applicable legal regimes also requires looking into “state of emergency” Law, an issue which has been shaped by the Inter-American Court and Commission’s work.

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

    African Journals Online (AJOL)

    The “minimalist approach to public participation” adopted by the court in this matter, it concludes, “has created a gap wide enough to let an important piece of legislation which has significant implications on the public to be passed as reasonable. Setting such low standards means that judicial review of the other branches of ...

  13. Correspondence author: June P, Brady, 87 Teralynn Court Oakland ...

    African Journals Online (AJOL)

    2011-04-01

    Apr 1, 2011 ... Correspondence author: June P, Brady, 87 Teralynn Court. Oakland, California 94619, USA. E mail: june.brady@ucsf.edu. Tel: 1 510 336 0592. Fax: 1 510 336 0592. Background. Exclusive breastfeeding for the first 6 months of life with continued breastfeeding and appropriate complementary foods to age ...

  14. Wind-induced Vibrations in the European Court Towers

    DEFF Research Database (Denmark)

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

    2012-01-01

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

  15. The Constitutional Court and ubuntu's “inseparable trinity" | Keevy ...

    African Journals Online (AJOL)

    The purpose of this article is to deconstruct the Constitutional Court's definitions of ubuntu as humanness, group solidarity, umuntu ngumuntu ngabantu, personhood and a moral philosophy. It is submitted that the philosophy of ubuntu or ethnophilosophy represents a religious worldview as it is inseparable from African ...

  16. Using frames to determine ordinary meaning in court cases: the ...

    African Journals Online (AJOL)

    Kate H

    Abstract. The South African judicial system has a variety of ways to determine the ordinary meaning of words, ranging from preceding court cases and academic publications to expert witnesses. However, one of the main resources in the interpretation of ordinary words is a dictionary. Much has already been published on ...

  17. Creativity in Court-Connected Mediation: Myth or Reality?

    DEFF Research Database (Denmark)

    Adrian, Lin; Mykland, Solfrid

    2014-01-01

    In this study, we examined creativity in court-connected mediation. We analyzed 129 mediated agreements from civil cases in Norway and Denmark and compared the outcomes with the parties' original claims to determine whether the agreement addressed only the disputants' demands or contained other e...

  18. Effects of Juvenile Court Exposure on Crime in Young Adulthood

    Science.gov (United States)

    Petitclerc, Amelie; Gatti, Uberto; Vitaro, Frank; Tremblay, Richard E.

    2013-01-01

    Background: The juvenile justice system's interventions are expected to help reduce recidivism. However, previous studies suggest that official processing in juvenile court fails to reduce adolescents' criminal behavior in the following year. Longer term effects have not yet been investigated with a rigorous method. This study used propensity…

  19. The empire strikes back: CISAC beats Commission in General Court

    NARCIS (Netherlands)

    Quintais, J.P.

    2013-01-01

    he General Court's judgments in Case T-442/08 and related cases annulled Article 3 of the Commission's 2008 decision against CISAC and 20 collecting societies, on the basis of the Commission's failure to prove the required evidentiary legal standard for the existence of a concerted practice on

  20. Sexual Harassment and Sexual Assault in Canadian Sports and Courts.

    Science.gov (United States)

    Holman, Margery; Moriarty, Richard

    Sexual harassment is deemed a violation of the Canadian Charter of Rights and Freedoms which provides protection from discrimination based on sex. Provincial jurisdictions may offer legislation more stringent than that reflected in the Canadian code. Recourse for acts of sexual harassment through the courts is sought by alleging discrimination.…

  1. Do justice to court interpreters in South Africa

    African Journals Online (AJOL)

    Many countries have developed NSPs to guide court interpreters in carrying out their duties. These NSPs vary from ... within a structured context in many countries of the world, but in South Africa the profession still has a long way ... navigating between the Scylla of slavish, which is the literal interpretation, and the Charybdis.

  2. Customary courts' system in West Cameroon: reforms and conflict ...

    African Journals Online (AJOL)

    It further held that it continued without any interference from the Federal Government in West Cameroon until 1966, when the former favoured reforms that could reduce their authority (Customary Courts). It called for the reduction of their powers and a transfer of the control of these institutions from West Cameroon Ministry of ...

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

    Science.gov (United States)

    Russo, Charles J.; Thro, William E.

    2009-01-01

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

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

    African Journals Online (AJOL)

    After a century in the making, the International Criminal Court (ICC) came into existence in 2002 with an overwhelming number of states ratifying the Rome Statute. With 34 signatories, Africa is the largest contributor in the Assembly of State Parties, yet Africa has become its severest critic. As threats of withdrawal become a ...

  5. 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...

  6. The Challenges Facing the International Criminal Court in ...

    African Journals Online (AJOL)

    This article examines the role of the International Criminal Court (ICC) in dealing with matters of genocide, crimes against humanity and war crimes that have increasingly become common phenomena in politics. Indeed, so far there is scanty detailed scholarly research that has been documented on the activities of the ICC.

  7. Predicting Drug Court Treatment Completion Using the MMPI-2-RF

    Science.gov (United States)

    Mattson, Curtis; Powers, Bradley; Halfaker, Dale; Akeson, Steven; Ben-Porath, Yossef

    2012-01-01

    We examined the ability of the Minnesota Multiphasic Personality Inventory-2 Restructured Form (MMPI-2-RF; Ben-Porath & Tellegen, 2008) substantive scales to predict Drug Court treatment completion in a sample of individuals identified as being at risk for failure to complete the program. Higher scores on MMPI-2-RF scales…

  8. Natural Law, Santa Clara, and the Supreme Court.

    Science.gov (United States)

    Rodgers, Raymond S.; Lujan, Phillip

    The court case, "Santa Clara Pueblo, et al. v. Julia Martinez, et al.," is the subject of this paper. It gives the background of the case of a woman whose children were refused admittance to tribal rolls because of an ordinance prohibiting the enrollment of children whose father is not a tribal member. The paper gives the arguments of…

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

    Science.gov (United States)

    Farrell, Charles S.

    1984-01-01

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

  10. Participatory Justice: an overview of Gacaca Courts in Rwanda ...

    African Journals Online (AJOL)

    persons who witnessed the events to participate and affect restorative community reintegration. The paper concludes by analyzing the conformity of Gacaca courts to international human rights standards and suggests that though they are largely a traditional Rwandan approach, as a matter of principle human rights norms

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

    African Journals Online (AJOL)

    eliasn

    supremacy clause, gender equality and non-discrimination). Based on the analysis of the relevant ... PhD Candidate, Human Rights Centre, Public Law Department, Faculty of Law,. Ghent University, Belgium .... of Justice gave regard to the interest of Muslims and allowed the sharia courts to exercise their jurisdiction.

  12. The Traditional Courts Bill: Controversy around process, substance ...

    African Journals Online (AJOL)

    This article introduces the Traditional Courts Bill (B15-2008). The Bill has caused controversy, and drawn criticism from rural communities and civil society. Key to the concerns raised was the flawed consultative process that the Department of Justice and Constitutional Development followed in bringing the Bill before ...

  13. Veiled justice, the courts'compassionate case law regarding hunger

    NARCIS (Netherlands)

    mr. Bart f.w. Wernaart

    2009-01-01

    In this book and elsewhere Dutch courts are portrayed as little short of barbaric for rejecting direct applicability of the human right to food. In this contribution I want to revisit case law asking the question if the rejection of direct applicability of the right to food implies that in the

  14. Court's Flag Ruling Could Affect Policies against Harassment.

    Science.gov (United States)

    Wilson, Robin

    1990-01-01

    The Supreme Court's ruling in a flag-burning case raises questions about whether antiharassment policies that colleges and universities have adopted, penalizing slurs and epithets used by students to harass others, violate the First Amendment to the Constitution. If public college policies were found unconstitutional, private colleges would not…

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

    African Journals Online (AJOL)

    Where perpetrators convinced the courts of their repentance, punishments tended to be more lenient than in the case of those who did not repent, and in many instances the perpetrators were even allowed to return and reintegrate into their communities without incurring punishment. More than 1.2 million cases were tried in ...

  16. Supreme Court Strikes Down Law on Internet Indecency.

    Science.gov (United States)

    Biemiller, Lawrence; Blumenstyk, Goldie

    1997-01-01

    The U.S. Supreme Court has struck down parts of the Communications Decency Act as violating the First Amendment. The law was predicted to wreak havoc on the Internet and connected campus computer networks. The 1996 law was aimed at protecting children from pornography but threatened the availability of a wide range of materials,…

  17. Improving Labour Courts in Mexico: The Case of Cuautitlan | CRDI ...

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

    Outdated and inefficient labour laws and courts make it difficult for workers in Mexico to resolve labour disputes and secure compensation. Although Mexico has rebounded from its 2009 slump, the country's labour market has yet to return to its pre-recession state. Nationally, the official unemployment rate is 5%, only slightly ...

  18. Establishing Sentencing Guidelines for Military Courts-Martial

    Science.gov (United States)

    2014-11-01

    the anxiety I felt was overwhelming. Thinking back to that court-martial, I question the appropriateness of military panel members adjudging sentences...fighting with her 17-year-old “troubled teen ” boyfriend. Wollard grabbed a gun and shot a warning shot through a wall to scare off the aggressor; these

  19. California court says disability benefits do not preclude suit.

    Science.gov (United States)

    1998-05-01

    A California appeals court reversed a lower court decision barring a worker from pursuing an HIV discrimination claim against his employer. [Name removed] claims that [name removed] violated California's Fair Employment and Housing Act when it rescinded accommodations that the bank had made earlier for HIV-related medical needs. The accommodations included a compressed work week and one day of telecommuting per week, which [name removed] performed well enough to earn a promotion. With a change in management, the accommodations were canceled, ostensibly to control costs. The lower court ruled that [name removed] was barred from suing his former employer because of statements on his disability insurance application. However, the appeals court ruled that [name removed]'s statements on the form were honest and did not preclude him from future litigation. Myron Quon, an attorney with Lambda Legal Defense and Education Fund in Los Angeles, noted that [name removed]'s deft handling of the questions was vital to the success of the suit. [Name removed] had made comments and notations on the form, rather than just checking the appropriate yes or no boxes, and noted that he could return to work with a reasonable accommodation. Others applying for disability are cautioned to do the same to preserve their legal rights.

  20. The constitutional court ruling against child marriages in Zimbabwe ...

    African Journals Online (AJOL)

    On the 20th of January 2016, the Constitutional Court of Zimbabwe went a step ahead to protect children's rights by banning child marriages and other harmful practices that are detrimental to childhood. The ruling comes at an opportune time to denounce the inadequacy of marriage laws, and to ban all archaic practices ...

  1. Do justice to court interpreters in South Africa

    African Journals Online (AJOL)

    For example, Hewitt (1995:199) states that in the US, the ... Toury (1980) observes that norms play a central role in Descriptive Translation Studies (DTS) ..... In the US, there has been a significant increase in the number of states that have enacted legislation to set standards for court interpreters and that have joined the ...

  2. Will the International Criminal Court Investigate Mexico's "Drug War"?

    OpenAIRE

    Pérez Caballero, Jesús

    2014-01-01

    The violence of Mexico's so-called "war on drugs" has caught the attention of the international community, with calls for the International Criminal Court (ICC) to turn its attention to the country. If they're successful, high-level government officials - or even leaders of drug trafficking organizations - may be prosecuted in the Hague. But it's a difficult road ahead.

  3. Court support workers speak out: Upholding children's rights in the ...

    African Journals Online (AJOL)

    We draw on information from two studies that sought the perspectives of court support workers to explore whether a child rights-based approach is followed in the criminal justice system (CJS) for child victims of sexual abuse. Findings suggest varying degrees of protection, assistance and support for child victims of sexual ...

  4. Be a Court Appointed Special Advocate for a Baby. Perspectives

    Science.gov (United States)

    Warren, Mary G.

    2013-01-01

    This article describes the role of a Court Appointed Special Advocate (CASA). CASA volunteers are appointed by judges to represent the best interests of children who have been removed from their homes because of abuse or neglect. CASA volunteers are everyday citizens who have undergone screening and training with their local CASA program (National…

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

    African Journals Online (AJOL)

    The role of arbitration in settling disputes which involves national and transnational commercial transactions is steadily growing in this era of globalisation. ... This article deals with the legal and practical role of Ethiopian courts during the three stages of arbitral proceeding, i.e., at the beginning of arbitration, during the ...

  6. Court Decisions Specific to Public School Responses to Student Concussions

    Science.gov (United States)

    Zirkel, Perry A.

    2016-01-01

    This article provides an up-to-date and comprehensive canvassing of the judicial case law concerning the responses to students with concussions in the public school context. The two categories of court decisions are (a) those concerning continued participation in interscholastic athletics, referred to under the rubric of "return to play"…

  7. The Impact of the New York Court Review of Children in Foster Care: A Followup Report

    Science.gov (United States)

    Festinger, Trudy Bradley

    1976-01-01

    Examines the data on children studied in a 1974 investigation. Proposes that court review speed movement of children out of foster care, and suggests steps necessary for both court and agencies to make the procedures more effective. (Author/SB)

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

    Science.gov (United States)

    Stevens, John Paul; And Others

    1984-01-01

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

  9. Implementation of the court visitor program in a clinical nursing curriculum.

    Science.gov (United States)

    Stowell, Jane M; Pihlak, Mary Rose; Matzke, Amanda; O'Keefe, Mary

    2013-12-01

    The State of Texas has more than 19,000 individuals who lack the physical or mental ability to provide for their need for shelter, financial management, or physical care. These individuals have been designated as wards of the court and placed under guardianship. Texas probate courts appoint individuals known as court visitors to make annual visits to wards of the court to assess their well-being under guardianship. Although the 10 statutory probate courts have court visitor programs, many county courts do not. This article describes the details of a service-learning experience using an online distance educational program to train undergraduate nursing students in a mental health course to become court visitors. This information may be useful to others looking for nontraditional clinical experiences and service-learning opportunities for undergraduate nursing students.

  10. IsTeen Court effective for repeat offenders? A test of the restorative justice approach.

    Science.gov (United States)

    Forgays, Deborah Kirby; DeMilio, Lisa

    2005-02-01

    Teen Courts are an effective judicial alternative for many youth offenders. The majority of youth courts deal solely with first-time offenders. However, repeat offenders are at a greater risk for future crime. Is Teen Court effective with more experienced offenders? In this study, the authors examine the outcomes of 26 Whatcom County Teen Court offenders with at least one prior conviction. The sentence completion rate was higher and the recidivism was lower for the Teen Court offenders when compared with a sample of first-time Court Diversion offenders. This objective evidence of program success is augmented by an offender's perspective on his or her court experience. These perspectives as well as the continued voluntary involvement with Teen Court are discussed in relation to empowerment theory.

  11. Multilingualism as a Principle of the EU Court of Justice

    Directory of Open Access Journals (Sweden)

    Karina Kh. Rekosh

    2014-01-01

    Full Text Available Since the jurisprudence reflects relations between the institutions, bodies and organizations of the EU and native speakers, the EU Court of Justice plays a huge role in shaping the legal discourse. Relations between the EU and citizens show the effectiveness of the principle of multilingualism, that is apparent before the Court. The enlargement of the Union to 28 member States and, accordingly, the increase of the number of official languages to 24 complicate the implementation of the principle of multilingualism and create many problems for the EU Court of Justice: legal, linguistic, budget, translation. All documents of the Court are not translated into 24 EU official languages completely and often limited to summaries. All documents are translated only into French and proceeding languages, for the scale of the translation work have a direct impact on the timing of legal proceedings. To provide help in written translations, much work is carried out in the Court on drawing up dictionaries, thesauri, where multilingualism is fully manifested. On the use of languages and language regime, There is an extensive legal practice, however, the term «multilingualism» is not used by the Court, despite the recognition of the principle of equality of all official languages, perhaps, due to the fact that the Court itself not always follows it. The article shows that multilingualism as a legal concept and principle opens up, sometimes adjacent to the already distinguished objects of regulation, new areas of legal research. Comparison of legal solutions to the problems of multilingualism in different states with a variety of languages, law and order, or in international organizations, lays basis of "comparative linguistic law" Now in the doctrine of law of the European Union neither the linguistic law, nor the comparative linguistic law do not exist, but to provide cooperation in the field of justice and mutual recognition of judicial decisions on the

  12. The Royal Courts of Equity in England in the 16-17 centuries.

    Directory of Open Access Journals (Sweden)

    Ilya Strizhakov

    2017-01-01

    Full Text Available УДК 340.15The subject of research are the courts of England in 16-17 centuries.The purpose of article is to answer the question which courts must be included to a number of "courts of equity".Methodology. Historical analysis of the scientific literature, of the English legislation and judicial practice of the 16-17 centuries.Results. The priority for the Court of Star Chamber was to protect the interests of Royal power and not the rights of people. Moreover, this court did not seek to bridge the gaps of common law. In this regard, his reference to the number of “courts of equity” is incorrect.Star Chamber had a close relationship with the Privy Council. There were no clear boundaries between them during the XVI century. The Star Chamber was the emergency Committee of the Privy CouncilThe purpose of the Court of Requests was to ease social tensions, to create the impression of caring filed emanating from the monarch and the nobility.Despite the fact that the Court of the Requests was conceived as "a court for poor people", it became popular wealthy people under the rule Henry VIII.The Court of High Commission was a court focused on the strengthening of Royal power. In its activities it has been focused on improving the rights of the Kingdom.The Court of Exchequer provided judicial protection for some types of transactions that are not recognized by the common law. In this it is similar to the Chancery Court. Initially, the Court of the Exchequer has been focused on protecting the interests of the crown. Therefore, the function to eliminate the gaps of the common law could not be implemented in full.The Chancery Court, unlike the special courts were required to consider complaints coming from citizens about the inability to get a fair trial.Conclusions. The criteria for judicial institutions to be considered as “courts of equity” are: the purpose of the establishment of the court was to fill gaps in the common law; interference with the

  13. Superior Administrative Court Baden-Wuerttemberg. Judgement of March 30, 1982 (Wyhl)

    Energy Technology Data Exchange (ETDEWEB)

    1983-01-01

    Presentation and discussion of the leading statements of the decision delivered by the Mannheim Superior Administrative Court on March 30, 1982 concerning the Wyhl nuclear power plant, unit 1. With this decision, covering 548 pages, the Superior Administrative Court changed the decision of the Freiburg Administrative Court of the year 1977 and finally dismissed the action for annulment of the construction licence. The Superior Administrative Court acted upon the appeal brought in by the Land and the plant operator, Kernkraftwerksgesellschaft.

  14. The Jurisdiction of The Constitutional Court In Controlling The Constitutionality of Criminal Judgments: Kosovo Case

    OpenAIRE

    BRAHA, Florentina Shala; Vilard BYTYQI; VUNIQI, Dardan; Berisha, Fadil

    2016-01-01

    This paper will deal with individual requests that are submitted at the Constitutional Court in order to assess the constitutionality of criminal judicial decisions. The right to submit issues for assessing the constitutionality of criminal court decisions is a constitutionally guaranteed right. Many individuals who are dissatisfied with the decisions of the judicial instances use their right to oppose such a decision even at the Constitutional Court.Not all the cases submitted to the Court a...

  15. MODIFICATION BY THE COURT OF DISCIPLINARY SANCTION APPLIED TO THE EMPLOYEE IN ROMANIAN LABOUR LAW

    Directory of Open Access Journals (Sweden)

    LUPU Dan

    2013-12-01

    Full Text Available High Court of Justice recently ruled that a court has the right to change too drastic punishment inflicted on an employee by another, more appropriate in relation to the offense committed. The Supreme Court ruling clarifies such a legal provision that was applied by different courts: some substituted for disciplinary sanctions if it were disproportionate to the offense employee, while others refused to do so.

  16. Giving Back: A Community Service-Learning Manual for Youth Courts.

    Science.gov (United States)

    Degelman, Charles

    Youth courts are among the fastest-growing crime intervention in the nation. Youth courts divert minor offenders from overloaded juvenile courts and hold them responsible for their actions. They educate young people about the impact their actions have on others, teach about the legal system, and provide opportunities and a forum to develop and…

  17. A pilot study on the undefined role of court interpreters in South Africa

    African Journals Online (AJOL)

    In South Africa, legislation that clearly defines the role of court interpreters does not exist. Court interpreters find themselves performing tasks which should be the responsibility of other legal officials. This study considers how the lack of a clearly defined role for court interpreters affects the very quality of their interpreting.

  18. Secondary Prevention Services for Clients Who Are Low Risk in Drug Court: A Conceptual Model

    Science.gov (United States)

    DeMatteo, David S.; Marlowe, Douglas B.; Festinger, David S.

    2006-01-01

    The drug court model assumes that most drug offenders are addicts, and that drug use fuels other criminal activity. As a result, drug court clients must satisfy an intensive regimen of treatment and supervisory obligations. However, research suggests that roughly one third of drug court clients do not have a clinically significant substance use…

  19. The European Courts and the Law of Treaties: The Continuing Story

    NARCIS (Netherlands)

    Kuijper, P.J.; Cannizzaro, E.

    2011-01-01

    This chapter presents a critical analysis of the case law of the European Court of Justice and of the General Court relating to the application of the international law of treaties. It covers the some forty cases in which the Courts have referred explicitly to the Vienna Convention on the Law of

  20. Mental Retardation and the Law: A Report on Status of Current Court Cases.

    Science.gov (United States)

    Friedman, Paul, Ed.; Beck, Ronna Lee, Ed.

    Included in the booklet on mental retardation and the law are reports on 11 new court cases and updated information on 35 court cases reported in previous issues. Court cases cover the following issues: architectural barriers, commitment, criminal law, education, employment, guardianship, protection from harm, sterilization, treatment, and zoning.…

  1. The Efficacy of the Rio Hondo Dui Court: A 2-Year Field Experiment

    Science.gov (United States)

    MacDonald, John M.; Morral, Andrew R.; Raymond, Barbara; Eibner, Christine

    2007-01-01

    This study reports results from an evaluation of the experimental Rio Hondo driving under the influence (DUI) court of Los Angeles County, California. Interviews and official record checks with 284 research participants who were randomly assigned to a DUI court or a traditional criminal court were assessed at baseline and at 24-month follow-up.…

  2. 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...

  3. 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...

  4. 5 CFR 838.423 - OPM action on receipt of a court order acceptable for processing.

    Science.gov (United States)

    2010-01-01

    ... Processing Court Orders Affecting Refunds of Employee Contributions Application and Processing Procedures § 838.423 OPM action on receipt of a court order acceptable for processing. (a) If OPM receives a court order acceptable for processing that is directed at a refund of employee contributions, OPM will inform...

  5. 5 CFR 838.722 - OPM action on receipt of a court order acceptable for processing.

    Science.gov (United States)

    2010-01-01

    ... Processing Court Orders Awarding Former Spouse Survivor Annuities Application and Processing Procedures § 838.722 OPM action on receipt of a court order acceptable for processing. (a) If OPM receives a court order acceptable for processing that awards a former spouse survivor annuity based on the service of a...

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

    NARCIS (Netherlands)

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

    2014-01-01

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

  7. 32 CFR 724.224 - Court-martial specifications, presumption concerning.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Court-martial specifications, presumption...-martial specifications, presumption concerning. (a) Relevant and material facts stated in a court-martial... dismissal adjudged by a court-martial case tried under the Uniform Code of Military Justice, the action may...

  8. 32 CFR 720.12 - Request for delivery of members serving sentence of court-martial.

    Science.gov (United States)

    2010-07-01

    ... of court-martial. 720.12 Section 720.12 National Defense Department of Defense (Continued) DEPARTMENT... RECORDS Delivery of Personnel § 720.12 Request for delivery of members serving sentence of court-martial... members serving a sentence of a court-martial. Although seldom utilized, additional authority and...

  9. NL-Netherlands: Court applies Google Spain: no right to be forgotten for convicted criminal

    NARCIS (Netherlands)

    Breemen, V.

    2014-01-01

    On 18 September 2014, the Amsterdam Court handed down the first national application of the EU Court of Justice’s Google Spain judgment. The case was initiated by a convicted criminal after Google had not fully granted his online removal requests. The court rejected the claim, but it should be noted

  10. Adapting to Bad News: Lessons from the Harlem Parole Reentry Court

    Science.gov (United States)

    Hamilton, Zachary K.

    2011-01-01

    The reentry court model was created to address the risks and needs of offenders returning to the community during the period immediately following release. While there is growing interest in reentry courts, research to date has been limited. This study utilized a quasi-experimental design, comparing reentry court participants with traditional…

  11. False Testimony and Oath: Reopening a Legal Case in Iranian Courts

    Directory of Open Access Journals (Sweden)

    Iman Zeajeldi

    2017-02-01

    Full Text Available In Iranian legal laws, hearing a case ends by issuing the final judgment. However, the law has provided conditions where the individuals can apply for retrial so that their rights will be protected and losses will be prevented. This means that court will rehear a case for which it has issued a final judgment. Now, each of the parties to the claim who has applied for reopening must prove the conditions of reopening. One of the conditions is proving the falsehood in the claim. Yet, the question is ‘under which conditions the falsehood brings about the annulment of the judgment issued’. The present research aims to study the effects of falsehood cases in the possibility of applying for reopening and annulling the judgment issued.

  12. Procedural abortion rights: Ireland and the European Court of Human Rights.

    Science.gov (United States)

    Erdman, Joanna N

    2014-11-01

    The Irish Protection of Life During Pregnancy Act seeks to clarify the legal ground for abortion in cases of risk to life, and to create procedures to regulate women's access to services under it. This article explores the new law as the outcome of an international human rights litigation strategy premised on state duties to implement abortion laws through clear standards and procedural safeguards. It focuses specifically on the Irish law reform and the jurisprudence of the European Court of Human Rights, including A. B. and C. v. Ireland (2010). The article examines how procedural rights at the international level can engender domestic law reform that limits or expands women's access to lawful abortion services, serving conservative or progressive ends. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  13. OPTIMALISASI PERAN INTERNATIONAL CRIMINAL COURT DAN APLIKASI AKSI KEMANUSIAAN SEBAGAI INISIASI PENYELESAIAN KASUS ETNIS ROHINGYA

    Directory of Open Access Journals (Sweden)

    Ayub Torry Satrio K

    2014-09-01

    Full Text Available Rohingya is an ethnic in Myanmar which becomes victim of human rights violation by the un-recognition of the ethnic citizenship. They also undergo several treatments which lead to genocide trials. The government of Myanmar did not take any optimal action in order to bring this problem to an end. There are three action proposed in this writings to initiate a problem solving, i.e.: a case settlement with the act of International Criminal Court based on Rome Statute 1998; a humanitarian action as a step regarding the government failure in overcoming the humanitarian crisis on the ethnic of Rohingya; and an application of hu-man security concept in order to bring back the security of Rohingya people. Those actions can be carried out through the mechanism of international organization such as UN and its derivative bodies; or through the mechanism of regional bodies where Myanmar is one of the member, ASEAN.

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

    Directory of Open Access Journals (Sweden)

    Kristin Hero

    2011-12-01

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

  15. Right of action of foreign frontier neighbours before German administrative courts. Note on the judgement of the Federal Administrative Court of December 17, 1986

    Energy Technology Data Exchange (ETDEWEB)

    Beyerlin, U.

    1987-03-31

    The author examines the judgment of the Federal Administrative Court of December 17, 1986. In this decision the Court accepted the right of action of Dutch borderers against an atomic licence for a German nuclear power plant. The necessary involvement according to sec. 42 para. 2 of the Administrative Court Procedure Act results from the violation of the third party protection provision in sec. 7 Atomic Energy Act.

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

    Science.gov (United States)

    Schiltenwolf, Marcus; Beckmann, Nickolas; Gaidzik, Peter

    2017-12-01

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

  17. Keeping potentially responsible parties (PRPs) out of bankruptcy courts

    Energy Technology Data Exchange (ETDEWEB)

    Hamberg, G.L. (Milling, Benson, Woodward, Hillyer, Pierson and Miller, New Orleans, LA (United States))

    1992-03-01

    In an era when the cost of compliance with state and federal environmental laws is rapidly rising, sometimes entities, such as operators of waste sites, are unable to pay these and other operating costs and are forced to file for bankruptcy. Citing Midlantic Nat'l Bank v. N.J. Dep's of Envtl. Protection and state environmental laws, bankruptcy trustees may be suing PRPs in bankruptcy courts to share the costs to clean up debtors' waste sites. This article suggests strategies by which PRPs can avoid litigating such lawsuits in the bankruptcy courts and instead resolve them before state and/or federal forums - where they properly belong.

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

    Science.gov (United States)

    Kumamoto, Andrew; Schmid, Cora L

    2012-12-01

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

  19. 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.

  20. Prosecutors and Use of Restorative Justice in Courts: Greek Case.

    Science.gov (United States)

    Wasileski, Gabriela

    2015-06-18

    The purpose of this research study was to examine the experiences of prosecutors in Athens, Greece, as they implement a restorative justice (RJ; mediation) model in cases of intimate partner violence (IPV). Greece recently enacted a new legislation related to domestic violence, part of the requirement is mediation. This study used semi-structured interviews with 15 public prosecutors at the courts of first instance and three interviews with facilitators of mediation process. The findings indicate widespread role confusion. Prosecutors' experiences, professional positions, and views of RJ in adult cases of gendered violence were shaped by their legal training. That is, their perceptions reflected their work in an adversarial system. Their views were complex yet ultimately unreceptive and their practices failed the victims of IPV. The study report concluded with recommendations for the legislators and for better preparation of court actors. © The Author(s) 2015.

  1. [The Cagliari (Italy) Court authorizes the preimplantation genetic diagnosis].

    Science.gov (United States)

    Jorqui Azofra, María

    2007-01-01

    Today, preimplantation genetic diagnosis (PGD) has been greatly accepted within the framework of positive law of many European countries. Nevertheless, in other countries, such as Italy, it is forbidden by law. The ruling of the Civil Court of Cagliari which has authorized its use to a Sardinian couple, has opened, in this way, a small crack to be able to asses possible modifications to the Italian regulation on this matter. This article analyses the ruling of the Civil Court of Cagliari (Italy) from an ethical and legal perspective. The criteria which is used to analyse the legitimacy or illegitimacy of the practice of PGD is analysed. That is, on reasons which could justify or not the transfer of embryos in vitro to the woman. With this objective in mind, the Italian and Spanish normative models which regulates this controversial subject are looked at. As a conclusion, a critical evaluation of the arguments presented is made.

  2. National constitutional courts in the European Constitutional Democracy

    DEFF Research Database (Denmark)

    Komárek, Jan

    2014-01-01

    This article critically assesses the transformation of national constitutional courts’ place in the law and politics of the EU and its member states. This process eliminates the difference between constitutional and ordinary national courts, which is crucial for the institutional implementation...... the EU and its member states, understood together as the European Constitutional Democracy—the central notion developed in this article in order to support an argument that should speak to both EU lawyers and national constitutionalists....... of the discourse theory of law and democracy. It also disrupts the symbiotic relationship between national constitutional democracies established after World War II and European integration. The article argues that maintaining the special place of national constitutional courts is in the vital interest of both...

  3. Rule by Law: The Politics of Courts in Authoritarian Regimes

    OpenAIRE

    Tom Ginsburg; Tamir Moustafa

    2008-01-01

    Scholars have generally assumed that courts in authoritarian states are pawns oftheir regimes, upholding the interests of governing elites and frustrating the effortsof their opponents. As a result, nearly all studies in comparative judicial politicshave focused on democratic and democratizing countries. This volume bringstogether leading scholars in comparative judicial politics to consider the causesand consequences of judicial empowerment in authoritarian states. It demonstratesthe wide ra...

  4. Quality Issues of Court Reporters and Transcriptionists for Qualitative Research

    OpenAIRE

    Hennink, Monique; Weber, Mary Beth

    2013-01-01

    Transcription is central to qualitative research, yet few researchers identify the quality of different transcription methods. We described the quality of verbatim transcripts from traditional transcriptionists and court reporters by reviewing 16 transcripts from 8 focus group discussions using four criteria: transcription errors, cost and time of transcription, and effect on study participants. Transcriptionists made fewer errors, captured colloquial dialogue, and errors were largely influen...

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

    Science.gov (United States)

    2010-04-05

    way ratchet .”). 259 Cf. Felker, 518 U.S. 663 (Holding that restrictions on successive petitions for habeas corpus by prisoners convicted in state...Evangelical Lutheran Church of Glendale v. Los Angeles County, 482 U.S. 304 (1987)(holding that the Constitution mandates effective remedies for...Constitution’s due process protections did not extend to non-citizen detainees held at Guantanamo. 304 In October 2009, the Supreme Court granted certiorari to

  6. 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.

  7. Current issues in the design of running and court shoes.

    Science.gov (United States)

    Reinschmidt, C; Nigg, B M

    2000-09-01

    This review paper focuses on the three most important functional design factors for sport shoes: injury prevention, performance and comfort. Concepts for these design factors are discussed for running and court shoes. For running shoes, pronation control and cushioning are still considered to be the key concepts for injury prevention despite the fact that conclusive clinical and epidemiological evidence is missing to show the efficacy of these design strategies. Several design features have been proposed to be effective in controlling the amount of pronation. However, the kinematic effects of such features seem to be subject-specific and rather small especially when looking at the actual skeletal motion. Recent running shoe research suggests that cushioning may not or only marginally be related to injuries and that cushioning during the impact phase of running may be more related to aspects such as comfort, muscle tuning or fatigue. For court shoes, lateral stability, torsional flexibility, cushioning and traction control appear to be important design strategies to decrease the risk of injury. With respect to running performance, the shoe concepts of weight reduction, efficiency and energy return are discussed. The concept of energy return does not seem to be a feasible concept whereas concepts which aim to minimize energy loss appear to be more promising and successful, e.g. weight reduction, reduction of muscle energy required for stabilization. For court shoes, optimal traction seems to be the key factor for performance. Research in the area of shoe comfort is still sparse. Cushioning, fitting and climate concepts appear to improve the comfort of both running and court shoes. Many investigations in the area of sport shoe research have shown that subject-specific responses can be expected. Different groups of athletes may require different types of shoes. The definition of these grouping characteristics and their design needs seem to be the most important

  8. Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings

    Science.gov (United States)

    2010-04-01

    discussed in greater detail in other CRS products, including CRS Report RL33180, Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court...by Jennifer K. Elsea and Michael John Garcia; CRS Report RL34536, Boumediene v. Bush: Guantanamo Detainees’ Right to Habeas Corpus , by Michael John...of their detention in habeas corpus proceedings. However, many other issues remain the subject of ongoing litigation, including the full scope of the

  9. Manual for Courts-Martial United States 1998 Edition.

    Science.gov (United States)

    1998-01-01

    if the accused was an aggressor, engaged in mutual combat, or provoked the attack which gave rise to the apprehension, unless the accused had...the court-martial, is returned to that state or foreign country under the authority of a mutual agreement or treaty, as the case may be. (C) As...genital-genital, oral-genital, anal-genital, or oral-anal, whether be- tween person of the same or opposite sex; (2) bestiality; (3) masturbation

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

    Energy Technology Data Exchange (ETDEWEB)

    1983-04-01

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

  11. Current Perspectives on Profiling and Enhancing Wheelchair Court Sport Performance.

    Science.gov (United States)

    Paulson, Thomas; Goosey-Tolfrey, Victoria

    2017-03-01

    Despite the growing interest in Paralympic sport, the evidence base for supporting elite wheelchair sport performance remains in its infancy when compared with able-bodied (AB) sport. Subsequently, current practice is often based on theory adapted from AB guidelines, with a heavy reliance on anecdotal evidence and practitioner experience. Many principles in training prescription and performance monitoring with wheelchair athletes are directly transferable from AB practice, including the periodization and tapering of athlete loads around competition, yet considerations for the physiological consequences of an athlete's impairment and the interface between athlete and equipment are vital when targeting interventions to optimize in-competition performance. Researchers and practitioners are faced with the challenge of identifying and implementing reliable protocols that detect small but meaningful changes in impairment-specific physical capacities and on-court performance. Technologies to profile both linear and rotational on-court performance are an essential component of sport-science support to understand sport-specific movement profiles and prescribe training intensities. In addition, an individualized approach to the prescription of athlete training and optimization of the "wheelchair-user interface" is required, accounting for an athlete's anthropometrics, sports classification, and positional role on court. In addition to enhancing physical capacities, interventions must focus on the integration of the athlete and his or her equipment, as well as techniques for limiting environmental influence on performance. Taken together, the optimization of wheelchair sport performance requires a multidisciplinary approach based on the individual requirements of each athlete.

  12. Where’s the Remote Control? It’s Time for Virtual Justice: A Proposal to Amend the Rules of Court-Martial to Allow for Testimony by Video Teleconference

    Science.gov (United States)

    2001-04-01

    ended and was replaced by oral depositions where confrontation was now the norm. 279 In United States v. Obligacion ,280 the court found the 100-mile...279 Tiedemann, supra note 245, at 22. 280 37 C.M.R. 300 (1967). 2s1 Id. at 301. 282 United States v. Obligacion , 37 C.M.R. 300, 302 (C.M.A. 1967

  13. Punishing Genocide: A Comparative Empirical Analysis of Sentencing Laws and Practices at the International Criminal Tribunal for Rwanda (ICTR, Rwandan Domestic Courts, and Gacaca Courts

    Directory of Open Access Journals (Sweden)

    Barbora Hola

    2016-12-01

    Full Text Available This article compares sentencing of those convicted of participation in the 1994 genocide in Rwanda. With over one million people facing trial, Rwanda constitutes the world’s most comprehensive case of criminal accountability after genocide and presents an important case study of punishing genocide. Criminal courts at three different levels— international, domestic, and local—sought justice in the aftermath of the violence. In order to compare punishment at each level, we analyze an unprecedented database of sentences given by the ICTR, the Rwandan domestic courts, and Rwanda’s Gacaca courts. The analysis demonstrates that sentencing varied across the three levels—ranging from limited time in prison to death sentences. We likewise find that sentencing at the domestic courts appears to have been comparatively more serious than sentencing at the ICTR and at the Gacaca courts, which calls into question consistency of sentences across levels of justice and should be explored in future research.

  14. A testable theory of problem solving courts: Avoiding past empirical and legal failures.

    Science.gov (United States)

    Wiener, Richard L; Winick, Bruce J; Georges, Leah Skovran; Castro, Anthony

    2010-01-01

    Recent years have seen a proliferation of problem solving courts designed to rehabilitate certain classes of offenders and thereby resolve the underlying problems that led to their court involvement in the first place. Some commentators have reacted positively to these courts, considering them an extension of the philosophy and logic of Therapeutic Jurisprudence, but others show concern that the discourse surrounding these specialty courts has not examined their process or outcomes critically enough. This paper examines that criticism from historical and social scientific perspectives. The analysis culminates in a model that describes how offenders are likely to respond to the process as they engage in problem solving court programs and the ways in which those courts might impact subsequent offender conduct. This Therapeutic Jurisprudence model of problem solving courts draws heavily on social cognitive psychology and more specifically on theories of procedural justice, motivation, and anticipated emotion to offer an explanation of how offenders respond to these programs. We offer this model as a lens through which social scientists can begin to address the concern that there is not enough critical analysis of the process and outcome of these courts. Applying this model to specialty courts constitutes an important step in critically examining the contribution of problem solving courts. Copyright © 2010 Elsevier Ltd. All rights reserved.

  15. 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.

  16. The Impact of Teen Court on Rural Adolescents: Improved Social Relationships, Psychological Functioning, and School Experiences.

    Science.gov (United States)

    Smokowski, Paul R; Rose, Roderick A; Evans, Caroline B R; Barbee, James; Cotter, Katie L; Bower, Meredith

    2017-08-01

    Teen Court is a prevention program aimed at diverting first time juvenile offenders from the traditional juvenile justice system and reintegrating them into the community. Few studies have examined if Teen Court impacts adolescent functioning. We examined how Teen Court participation impacted psychosocial functioning, social relationships, and school experiences in a sample of 392 rural Teen Court participants relative to two comparison samples, one from the same county as Teen Court (n = 4276) and one from a neighboring county (n = 3584). We found that Teen Court has the potential to decrease internalizing symptoms, externalizing behavior, violent behavior, parent-adolescent conflict, and delinquent friends, and increase self-esteem and school satisfaction.

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

    Energy Technology Data Exchange (ETDEWEB)

    Warkentin, D. [ed.

    1997-04-01

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

  18. The International Criminal Court and Peace Processes in Africa

    DEFF Research Database (Denmark)

    Gissel, Line Engbo

    The book investigates how involvement by the International Criminal Court (ICC) affects efforts to negotiate peace. It offers an interpretive account of how peace negotiators and mediators in two peace processes in Uganda and Kenya sought to navigate and understand the new terrain of international...... justice, while also tracing how and why international decision-making processes interfered with the negotiations, narrated the conflicts and insisted on a narrow scope of justice. Building on this interpretive analysis, a comparative analysis of peace processes in Uganda, Kenya and Colombia explores a set...... of general features pertaining to the judicialisation of peace....

  19. Ambient Response Analysis of the Heritage Court Tower Building Structure

    DEFF Research Database (Denmark)

    Brincker, Rune; Andersen, P.

    2000-01-01

    In this paper an ambient response analysis of the Heritage Court Building structure is presented. The work is a part of a blind test organised by Professor Carlos Ventura, University of British Columbia. The response data were analysed using two different techniques: a non-parametric based...... on Frequency Domain Decomposition (FDD), and a parametric technique working on the raw data in time domain, a data driven Stochastic Subspace Identification (SSI) algorithm. Both techniques identified 11 modes under 10 Hz. One case of three close modes and one case of two close modes were identified. For all...

  20. Ambient Response Analysis of the Heritage Court Tower Building Structure

    DEFF Research Database (Denmark)

    Brincker, Rune; Andersen, Palle

    2000-01-01

    In this paper an ambient response analysis of the Heritage Court Building structure is presented. The work is a part of a blind test organized by Professor Carlos Ventura, University of British Columbia. The response data were analyses using two different techniques: a non-parametric based...... on Frequency Domain Decomposition (FDD), and a parametric technique working on the raw data in time domain, a data driven Stochastic Subspace Identification (SSI) algorithm. Both techniques identified 11 modes under 10 HZ. One case of three close modes and one case of two close modes were identified. For all...

  1. The Communitarian Function of Court-Martial Members

    Science.gov (United States)

    1997-04-01

    participation itself has inherent value. In Balzac v. Porto Rico,𔄂 1 the Court held that "(t)he jury system postulates a conscious duty of participation...One of the issues in Balzac was whether the Sixth Amendment right to ajury trial applied to those criminal prosecutions occurring in a territory...States Corps of Cadets: duty, honor , country.380 The value "duty" means to perform one’s duty to the best of one’s ability, as if one’s entire reputation

  2. Japan’s Supreme Court Discourse and Lifetime Employment

    DEFF Research Database (Denmark)

    Tackney, Charles T.; Sato, Toyoko

    on the Court's discourse. Causally related to this recognition, management councils (a form of employee participation in managerial prerogative) are also a defining feature of Japanese employment relations at the enterprise level. Despite unionization rate declines in both nations, the persistence of Japan......'s participatory employee relations system contrasts sharply with recent U.S. state-based legislative assaults on long-standing collective bargaining, particularly for public sector unions. The concept of cultural cognition, recently deployed in legal studies to account for domestic U.S. risk, public policy...

  3. Discovery en de WHPC (case note : Commercial Court of Termonde - 3 January 2000

    OpenAIRE

    Wautelet, Patrick

    2000-01-01

    In this short comment on a decision issued by the Commercial Court of Termonde, I offer some thoughts on the possibility for a business established in Belgium to seek protection in Belgium against discovery proceedings in which it is involved before a court in the US. In the case commented, the court refused the relief sought mainly because it found that enjoining the defendant would constitute undue influence in the proceedings pending in the US.

  4. 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...

  5. The heavenly court: a study on the Iconopraxis of Daoist temple painting

    OpenAIRE

    Gesterkamp, Lennert

    2008-01-01

    This study investigates four complete sets of Daoist wall paintings, termed Heavenly Court paintings (chaoyuan tu) and depicting a court audience of Daoist deities in heaven, of the thirteenth and fourteenth centuries in the context of related Daoist ritual practices, mural production, and personalisations. After outlining the history and development of Heavenly Court painting in China, it explains the conceptual framework on which painters based their design, how this design was built up, an...

  6. Court dwarfs: an overview of European paintings from fifteenth to eighteenth century.

    Science.gov (United States)

    Guaraldi, Federica; Prencipe, Nunzia; Gori, Davide; di Giacomo, Stellina; Ghigo, Ezio; Grottoli, Silvia

    2012-12-01

    Since antique times, dwarfs have been commonly employed at court, mostly as servants, entertainers, or personal attendants upon noble women and noblemen. Their presence at European Renaissance courts was very common, as demonstrated by their presence alongside to their masters or mistress in several artworks of that period. Aim of our paper is to derive clinical information regarding the type of dwarfism affecting people living and acting at European courts from an overview of paintings dating fifteenth to the eighteenth century.

  7. Cross-Border Patent Disputes: Unified Patent Court or International Commercial Arbitration?

    OpenAIRE

    Ana Alba Betancourt

    2016-01-01

    Currently, the enforcement of a patent that is registered in several countries involves the risk of getting different and conflicting decisions from the national courts. In 2013, 25 European countries entered in an agreement that aims to homogenise the patent system by creating the European patent with unitary effect and a Unified Patent Court (UPC). This article focuses on the UPC, which aims to have a single court proceeding for cross-border patent conflicts. Does the UPC system represent a...

  8. Court orders Immigration and Refugee Board to take into account evidence of HIV-related discrimination.

    Science.gov (United States)

    Mysko, Barbara

    2004-12-01

    On 31 August 2004, the Federal Court granted an HIV-positive woman's application for judicial review of a decision by the Immigration and Refugee Board (IRB). The issue before the court was whether the Board erred by ignoring documentary evidence before it with respect to the treatment of people living with HIV/AIDS in Nigeria. The court ordered that a newly constituted panel redetermine the claim in light of evidence of the discrimination faced by HIV-positive people in Nigeria.

  9. Hollingsworth v. Perry : Same-Sex Marriage, the Courts, and Social Reform

    OpenAIRE

    Flatmo, Endre Isachsen

    2014-01-01

    The history of same-sex marriage litigation has often been a story of courts making decisions in opposition to public opinion, which as a result has created powerful political backlash. George N. Rosenberg has argued that when courts try to create social reform without significant political and public support, they will create political backlash against the very issue they have ruled in favor of. William N. Eskridge proposes a different theory and concludes that courts have significantly adva...

  10. Open-ended education

    DEFF Research Database (Denmark)

    Nørgård, Rikke Toft; Paaskesen, Rikke Berggreen

    2016-01-01

    THE ARTICLE DESCRIBES OPEN-ENDED EDUCATION FOR 21ST CENTURY LEARNING AS THE COMING TOGETHER OF OPEN-ENDED TECHNOLOGY, OPEN-ENDED PROJECTS, AND OPEN-ENDED INSTITUTIONS IN WAYS THAT FOSTER AND PROMOTE FUTURE EDUCATION FOR CITIZENSHIP IN SOCIETY. THROUGH THE CASE OF THE CODING PIRATES FUTURE ISLAND,...... FOR EDUCATION AND HIGHLIGHTS THE FACT THAT THE EMPHASIS IN BLOOM’S REVISED TAXONOMY ON INGENUITY, ORIGINALITY, PARTICIPATION, AND ASPIRATION IMPACTS THE PRACTICE OF EDUCATION....

  11. End of Life Issues

    Science.gov (United States)

    Planning for the end of life can be difficult. But by deciding what end-of-life care best suits your needs when you are healthy, you can ... right choices when the time comes. End-of-life planning usually includes making choices about the following: ...

  12. Swallowing the scroll: legal implications of the recent Supreme Court peyote cases.

    Science.gov (United States)

    Bullis, R K

    1990-01-01

    Two cases decided by the United States Supreme Court in the past two years, with the same factual bases and involving the religious use of peyote by Native American Church members, are described and analyzed. In 1990 the Supreme Court ruled that states may prohibit the use of peyote for religious purposes. These cases are examined by applying traditional equal-protection and First Amendment religious liberty analyses as well as by traditional Western interpretations of sacrament. The Supreme Court now has established a legal precendent running contrary to previous lower court cases that has implications for the religious use of peyote, specifically, and for nontraditional use of sacramental drugs, generally.

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

    Science.gov (United States)

    King, Michael S

    2008-12-01

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

  14. Federal Administrative Court. Judgement of July 9, 1982 (Kruemmel)

    Energy Technology Data Exchange (ETDEWEB)

    1983-05-01

    This judgement deals with an action for annulment of a preliminary notice given in accordance with section 7 of the Atomic Energy Act, concerning the selection of site for a nuclear power plant at Geesthacht-Kruemmel. The Federal Administrative Court, upon the action for revision on the part of the defendant, reinstituted the judgement of the first instance; the actions for revision brought in by the plaintiff were dismissed. The Court stated that a preliminary notice approving a nuclear power plant site by virtue of section 7 of the Atomic Energy Act can be opposed by a third party with the sustantiated claim that, according to the opinion of the third party, there is no adequate guaranty based on current knowledge in science and technology for prevention of damage at this particular site. The action for revision is not to be deemed inadmissible on the grounds that the plaintiff did not become active to prevent the subsequent part-construction permits from becoming indisputable.

  15. Superior Administrative Court Lueneburg. Judgement of January 20, 1982 (Kruemmel)

    Energy Technology Data Exchange (ETDEWEB)

    1983-05-01

    This judgement of the OVG Lueneburg (Sup. Adm. Court) decided over the action for annulment of the second part-construction permit for Kruemmel nuclear power plant. Upon the action of the appellant, the OVG partly cancelled the ''design concept license'' for the nuclear power plant and, regarding the remaining items of the appeal, dismissed the appeal. The Court decided that the license for a nuclear power plant design concept is binding for a licensing authority in as much as the following part-construction permits have to be based on the fulfilment of section 7, sub-section 2, no. 3 of the Atomic Energy Act, as far as the plant components to be licensed comply with the licensed concept and are not subject to the conditions of section 17, sub-sections 2-5 of the Atomic Energy Act. This binding effect at the same time leads to the possibility of third parties being affected.

  16. Symbolic Communication as Speech in United States Supreme Court Jurisprudence

    Directory of Open Access Journals (Sweden)

    Łukasz Machaj

    2011-06-01

    Full Text Available The First Amendment to the United States Constitution forbids government to pass any law which abridges freedom of speech. Notwithstanding the absolute tenor of the clause, this guarantee is clearly not limitless; its boundaries are established mainly in the course of Constitutional adjudication. The United States Supreme Court has extended free speech guarantees to so-called symbolic speech, i.e. to nonverbal expression of ideas, views or emotions. The article analyzes basic criteria and limits of First Amendment protection with respect to such instances of (alleged symbolic communication as flying a red flag, refusing to salute the U.S. flag, wearing a black armband, silently protesting segregation rules, burning a crucifix, burning a draft card, sleeping in a park and nude dancing. In some cases the level of protection given to symbolic speech is deemed analogous to that accorded to written or oral expression; in other cases the Supreme Court applies the so-called O’Brien standard, which is an instrument designed specifically for judging laws relevant to this mode of communication.

  17. Gender, Colonialism and Rabbinical Courts in Mandate Palestine

    Directory of Open Access Journals (Sweden)

    Lisa Fishbayn

    2011-11-01

    Full Text Available The distribution of powers between the state and religious groups plays an important role in shaping how controversies over multicultural toleration and women’s rights under religious law can be resolved. Some structures encourage dialogue while others make it difficult. In Israel, the presence of multiple systems of personal religious law limits the possibilities for the transformation of discriminatory religious laws. There is no civil marriage or divorce in Israel. When the modern State of Israel was created, exclusive power over family law disputes involving Jewish citizens was placed in the hands of rabbinical courts. This arrangement has been called one to retain the ‘status quo’. However, it was not a continuation of Jewish tradition or of the arrangements in place during the long period of Ottoman rule in Palestine. It reflected strengthened powers that had been given to rabbinical courts during the period of the British Mandate for Palestine. This article will trace the ways in which British policies for colonial rule and the interests of Jewish religious leaders coalesced to create a regime of religious family law that is resistant to feminist demands for change.

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

    Directory of Open Access Journals (Sweden)

    Francesco Paolo Busardò

    2014-01-01

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

  19. Intergenerational effects of parental substance-related convictions and adult drug treatment court participation on children’s school performance

    Science.gov (United States)

    Gifford, Elizabeth J.; Sloan, Frank A.; Evans, Kelly E.

    2015-01-01

    Objective This study examined the intergenerational effects of parental conviction of a substance-related charge on children’s academic performance and, conditional on a conviction, whether completion of an adult drug treatment court (DTC) program was associated with improved school performance. Method State administrative data from North Carolina courts, birth records, and school records were linked for 2005–12. Math and reading end-of-grade test scores and absenteeism were examined for 5 groups of children, those with parents who: were not convicted on any criminal charge, were convicted on a substance-related charge and not referred by a court to a DTC, were referred to a DTC but did not enroll, enrolled in a DTC but did not complete, and completed a DTC program. Results Accounting for demographic and socioeconomic factors, the school performance of children whose parents were convicted of a substance-related offense was worse than that of children whose parents were not convicted on any charge. These differences were statistically significant but substantially reduced after controlling for socioeconomic characteristics, e.g., mother’s educational attainment. We found no evidence that parent participation in an adult DTC program led to improved school performance of their children. Conclusion While the children of convicted parents fared worse on average, much—but not all—of this difference was attributed to socioeconomic factors, with the result that parental conviction remained a risk factor for poorer school performance. Even though adult DTCs have been shown to have other benefits, we could detect no intergenerational benefit in improved school performance of their children. PMID:26460705

  20. Arcus end-to-end simulations

    Science.gov (United States)

    Wilms, Joern; Guenther, H. Moritz; Dauser, Thomas; Huenemoerder, David P.; Ptak, Andrew; Smith, Randall; Arcus Team

    2018-01-01

    We present an overview of the end-to-end simulation environment that we are implementing as part of the Arcus phase A Study. With the rcus simulator, we aim to to model the imaging, detection, and event reconstruction properties of the spectrometer. The simulator uses a Monte Carlo ray-trace approach, projecting photons onto the Arcus focal plane from the silicon pore optic mirrors and critical-angle transmission gratings. We simulate the detection and read-out of the photons in the focal plane CCDs with software originally written for the eROSITA and Athena-WFI detectors; we include all relevant detector physics, such as charge splitting, and effects of the detector read-out, such as out of time events. The output of the simulation chain is an event list that closely resembles the data expected during flight. This event list is processed using a prototype event reconstruction chain for the order separation, wavelength calibration, and effective area calibration. The output is compatible with standard X-ray astronomical analysis software.During phase A, the end-to-end simulation approach is used to demonstrate the overall performance of the mission, including a full simulation of the calibration effort. Continued development during later phases of the mission will ensure that the simulator remains a faithful representation of the true mission capabilities, and will ultimately be used as the Arcus calibration model.

  1. End-of-life care: legal and ethical considerations.

    Science.gov (United States)

    O'Keefe, Mary E; Crawford, Kate

    2002-05-01

    To prepare the oncology nurse, under the Patient Self-Determination Act, to analyze and discuss legal and ethical issues that may arise in the clinical area when end-of-life decisions are made. Nursing textbooks, scholarly articles, court cases, and internet publications. The dying patient has the right to die with dignity, respect, and the right treatment choices. Nurses need to understand how to implement the Patient Self-Determination Act regarding living wills, do not resuscitate orders, euthanasia, and whether or not to use feeding tubes.

  2. 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

  3. Islamic courts and women's divorce rights in Indonesia : the cases of Cianjur and Bulukumba

    NARCIS (Netherlands)

    Huis, Stijn Cornelis van

    2015-01-01

    This book presents the results of a research about the Islamic courts of Cianjur in West Java, and Bulukumba in South Sulawesi and the role they play in local divorce practices. It addresses questions which not only enhance our understanding of how Islamic courts in Indonesia work, but also of how

  4. The concept of the rule of law and the European Court of Human Rights

    NARCIS (Netherlands)

    Lautenbach, G.

    2013-01-01

    This book analyses the concept of the rule of law in the context of international law, through the case law of the European Court of Human Rights. It investigates how the court has defined and interpreted the notion of the rule of law in its jurisprudence. It places this analysis against a

  5. A Look Ahead: Supreme Court Likely to Have a Blockbuster Term

    Science.gov (United States)

    Hawke, Catherine

    2013-01-01

    It is not often that Supreme Court watchers agree; however, right now, it seems that most agree on one thing: the Supreme Court term that started in October 2013 is going to be a blockbuster. The docket over the last couple of years has had more than its fair share of headline-grabbing cases, from gay marriage to Obamacare to the Voting Rights…

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

    NARCIS (Netherlands)

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

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

  7. "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…

  8. When Linguistic and Cultural Differences Are Not Disclosed in Court Interpreting

    Science.gov (United States)

    Lee, Jieun

    2009-01-01

    This paper explores the role of the court interpreter in cross-cultural and cross-linguistic communication in the courtroom. Drawing on the analysis of the discourse of witness examinations interpreted by Korean interpreters in Australian court proceedings, this paper argues that in the absence of cultural and/or linguistic explanations by the…

  9. 20 CFR 410.670c - Application of circuit court law.

    Science.gov (United States)

    2010-04-01

    ... its interpretation of the Social Security Act or regulations by publishing a notice in the Federal... involving the application of circuit court law. (a) The Administration will apply a holding in a United States Court of Appeals decision which it determines conflicts with its interpretation of a provision of...

  10. 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…

  11. The heavenly court : a study on the Iconopraxis of Daoist temple painting

    NARCIS (Netherlands)

    Gesterkamp, Lennert

    2008-01-01

    This study investigates four complete sets of Daoist wall paintings, termed Heavenly Court paintings (chaoyuan tu) and depicting a court audience of Daoist deities in heaven, of the thirteenth and fourteenth centuries in the context of related Daoist ritual practices, mural production, and

  12. Re-positioning the African court of human and peoples' rights in the ...

    African Journals Online (AJOL)

    The African Court of Human and Peoples' Rights (ACHPR) as the human rights judicial body in the continent of Africa was adopted in 1998. The establishment of the African court was expedited by the legal and political developments in the continent. The enactment of the Constitutive Act 2002 was significantly lifeblood to ...

  13. 28 CFR 50.20 - Participation by the United States in court-annexed arbitration.

    Science.gov (United States)

    2010-07-01

    ... court-annexed arbitration. 50.20 Section 50.20 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) STATEMENTS OF POLICY § 50.20 Participation by the United States in court-annexed arbitration. (a) Considerations affecting participation in arbitration. (1) The Department recognizes and supports the general...

  14. Peer-Driven Justice: Development and Validation of the Teen Court Peer Influence Scale

    Science.gov (United States)

    Smith, Scott; Chonody, Jill M.

    2010-01-01

    The authors report a validation study of the Teen Court Peer Influence Scale (TCPIS), a newly developed scale, to examine its factor structure, reliability, and evidence of validity. Methods: The scale was disseminated to 202 participants in six teen courts in the state of Florida, and the authors conducted exploratory factor analyses. Content…

  15. The Unified Patent Court: where are we and what should you be doing?

    Science.gov (United States)

    Freeland, Rowan

    2017-11-01

    The road to the Unified Patent Court, which will allow industry to enforce its patents in Europe in a single set of proceedings rather than in numerous national courts, is becoming increasingly rocky as the project approaches its goal. This article reviews the rocks encountered in the past year and looks forward to what industry now needs to be addressing as the summit approaches.

  16. The European Court of Human Rights’ Use of Standard-Setting Council of Europe Documents

    NARCIS (Netherlands)

    Glas, L.R.

    2017-01-01

    In many judgments, the European Court of Human Rights (Court) lists relevant international materials and sometimes uses these documents when determining whether the European Convention on Human Rights has been violated. These materials are often standard-setting documents that originate in the

  17. Sexual Harassment and Institutional Liability: A Review of Federal Court Opinions and Implications for HBCUs.

    Science.gov (United States)

    Taylor, Maurice C.

    1995-01-01

    Summarizes the most recent federal court opinions, statutes, and regulations that address the investigation, prosecution, and remedies for sexual harassment on college and university campuses. Implications of the court's decisions on the handling of sexual harassment and gender equity cases at historically black colleges and universities are…

  18. Supreme Court to Hear Case that Could Limit Sex-Bias Claims against Colleges

    Science.gov (United States)

    Kelderman, Eric

    2008-01-01

    This article reports that the U.S. Supreme Court is scheduled to hear arguments in December in a case that could make it more difficult for plaintiffs to win sexual-discrimination or sexual-harassment lawsuits against colleges and other educational institutions. The justices will decide whether to uphold a decision of the U.S. Court of Appeals for…

  19. 21 CFR 10.45 - Court review of final administrative action; exhaustion of administrative remedies.

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 1 2010-04-01 2010-04-01 false Court review of final administrative action; exhaustion of administrative remedies. 10.45 Section 10.45 Food and Drugs FOOD AND DRUG ADMINISTRATION... Administrative Procedures § 10.45 Court review of final administrative action; exhaustion of administrative...

  20. 42 CFR 8.34 - Court review of final administrative action; exhaustion of administrative remedies.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 1 2010-10-01 2010-10-01 false Court review of final administrative action; exhaustion of administrative remedies. 8.34 Section 8.34 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF...; exhaustion of administrative remedies. Before any legal action is filed in court challenging the suspension...

  1. Frame-Analysis of Argumentation in Court Opinion Texts: Empirical Research

    Science.gov (United States)

    Chilingaryan, Kamo; Lutskovskaya, Larisa

    2015-01-01

    The article focuses on practical experiment on perception of argumentative nature of court opinions by non-native speakers. Several argumentative frames most frequently used in the texts of court opinions are identified and described in the article. The article also aims at analyzing the distribution characteristics of the identified frames. Text…

  2. Outcomes and Recidivism in Mandated Batterer Intervention Before and After Introducing a Specialized Domestic Violence Court.

    Science.gov (United States)

    Tutty, Leslie M; Babins-Wagner, Robbie

    2016-05-03

    Both specialized domestic violence (DV) courts and batterer intervention programs were developed to more adequately address intimate partner abuse and recidivism; however, little research has studied them concurrently. The current research examined clinical outcomes and police-reported recidivism in 382 men mandated to attend the Calgary Counselling Centre's Responsible Choices for Men's (RCM) groups between 1998 and 2009, before and after a specialized DV court was established in 2001. The study examines associations between categorical demographic and criminal justice variables, most of which were not correlated with post-group recidivism. Before the specialized court was implemented, 45 RCM members reported significantly more clinical issues at pretest than the 282 RCM members after court implementation (all scores adjusted by social desirability), although the effect sizes were negligible. Regarding group outcomes, depression, anxiety, and self-esteem (adjusted for social desirability) significantly improved on average for all RCM members irrespective of court implementation. Before the specialized DV court was developed, recidivism occurred after RCM program completion for a large proportion of men (41.2%), compared with only 8.2% after court implementation, a significant difference with a moderate effect size. The recidivism results are interpreted in the context of the significant justice and community collaborations entailed in creating the specialized DV court. © The Author(s) 2016.

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

    Science.gov (United States)

    White, Byron R.

    1984-01-01

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

  4. 78 FR 29559 - 2013 Amendments to the Manual for Courts-Martial, United States

    Science.gov (United States)

    2013-05-21

    ... the Manual for Courts-Martial, United States By the authority vested in me as President by the Constitution and the laws of the United States of America, including chapter 47 of title 10, United States Code... for Courts-Martial, United States, prescribed by Executive Order 12473, as amended, it is hereby...

  5. 75 FR 54263 - 2010 Amendments to the Manual for Courts-Martial, United States

    Science.gov (United States)

    2010-09-03

    ...--2010 Amendments to the Manual for Courts- Martial, United States #0; #0; #0; Presidential Documents #0... Amendments to the Manual for Courts-Martial, United States By the authority vested in me as President by the Constitution and the laws of the United States of America, including chapter 47 of title 10, United States Code...

  6. Federal Administrative Court, judgement of December 17, 1986 (nuclear power station at international border)

    Energy Technology Data Exchange (ETDEWEB)

    1987-06-01

    In its decision of December 17, 1986, the Federal Administrative Court accepted the right of action of Dutch borderers against an atomic licence for a German nuclear power plant. The necessary involvement according to sec. 42 Paragraph 2 of the Administrative Court Procedure Act results from the violation of the third party protection provision in sec. 7 Atomic Energy Act.

  7. Practical Obstacles in Cross-Border Litigation and Communication between (EU) Courts

    NARCIS (Netherlands)

    A. Stadler (Astrid)

    2013-01-01

    markdownabstract__Abstract__ In cross-border civil litigation the use of different official court languages causes severe problems when - at least one of the parties - is not familiar with the official language of the court, since the parties' constitutional right to a fair trial depends very

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

    African Journals Online (AJOL)

    multiple long-term negative outcomes such as anxiety disorders, mood disorders and chronic physical ... memory.3. If the court is in doubt as to whether a victim is competent to testify, then the victim is referred to a mental health care. Clinical factors associated with rape victims' ability to testify in court: a records-based study ...

  9. Rethinking Privacy: A High Court Ruling Raises Some Important Questions About Students' and Parents' Rights.

    Science.gov (United States)

    Dowling-Sendor, Benjamin

    2002-01-01

    Discusses 2001 U.S. Supreme Court decision in "Gonzaga University v. Doe" wherein the Court held that because Family Educational Rights and Privacy Act (FERPA) does not create federal privacy rights, students and parents cannot sue educational institutions under Section 1983 seeking damages for FERPA violations. Nevertheless, educational…

  10. 76 FR 78449 - 2011 Amendments to the Manual for Courts-Martial, United States

    Science.gov (United States)

    2011-12-16

    ...- Martial, United States #0; #0; #0; Presidential Documents #0; #0; #0;#0;Federal Register / Vol. 76, No... ] Executive Order 13593 of December 13, 2011 2011 Amendments to the Manual for Courts-Martial, United States.... 801-946), and in order to prescribe amendments to the Manual for Courts-Martial, United States...

  11. 32 CFR 755.9 - Effect of court-martial proceedings.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Effect of court-martial proceedings. 755.9...-martial proceedings. Administrative action under these regulations is separate and distinct from and is.... Acquittal or conviction of the alleged offender by court-martial is evidence for the administrative action...

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

    Directory of Open Access Journals (Sweden)

    Drakić Gordana

    2013-01-01

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

  13. 49 CFR 40.405 - May the Federal courts review PIE decisions?

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 1 2010-10-01 2010-10-01 false May the Federal courts review PIE decisions? 40.405 Section 40.405 Transportation Office of the Secretary of Transportation PROCEDURES FOR... courts review PIE decisions? The Director's decision is a final administrative action of the Department...

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

    DEFF Research Database (Denmark)

    Butler, Graham

    2015-01-01

    In October 2013, the Irish electorate voted to approve the passing of the Thirty-third Amendment of the Constitution (Court of Appeal) Bill 2013. Its primary aim was to allow for the establishment of a Court of Appeal and, more subtly, to remove one of the two single-judgment scenarios from the S...

  15. The Road to a Court of Appeal—Part II: Distinguishing Features and Establishment

    DEFF Research Database (Denmark)

    Butler, Graham

    2015-01-01

    In October 2013, the Irish electorate voted to approve the passing of the Thirty-third Amendment of the Constitution (Court of Appeal) Bill 2013. Its primary aim was to allow for the establishment of a Court of Appeal and, more subtly, remove one of the two single-judgment scenarios from the Supr...

  16. The Netherlands and the United Nations, Legal Responsibility for Srebrenica before the Dutch Courts

    NARCIS (Netherlands)

    Spijkers, O.

    2011-01-01

    This note provides some introductory remarks to two judicial cases decided by The Hague District Court and The Hague Court of Appeals, between The Netherlands (respondent) and the survivors and/or the relatives of the victims of the genocide in Srebrenica (i.e. Mustafić, Nuhanović and a Foundation

  17. 76 FR 78093 - Correction of Administrative Errors; Court Orders and Legal Processes Affecting Thrift Savings...

    Science.gov (United States)

    2011-12-16

    ... CFR Parts 1605 and 1653 Correction of Administrative Errors; Court Orders and Legal Processes... for a retirement benefits court order or legal process affecting the Thrift Savings Plan and ensures... Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) a general notice of proposed rulemaking is not required...

  18. The Vestige Of Court Poetry In Modern Yoruba Music: A Study Of ...

    African Journals Online (AJOL)

    This article examines the retention of some features of traditional court poetry in modern Yoruba music. The article's focus is the juju music even as Sikiru Ayinde Barrister attracts the attention of the article. Efforts are made to establish the similarities between court poets and modern musicians in the performance of the roles ...

  19. Mass Media and the Supreme Court: The Legacy of the Warren Years. Second Edition.

    Science.gov (United States)

    Devol, Kenneth S., Ed.

    This book provides a collection of major cases and selected reprints of important articles from leading law journals, about obscenity, censorship, rights of privacy, and other First Amendment problems. The 50 Supreme Court decisions and 17 interpretive articles examine the legal activism of the Warren and Burger courts, from the 1960s through the…

  20. A unified and efficient framework for court-net sports video analysis using 3D camera modeling

    Science.gov (United States)

    Han, Jungong; de With, Peter H. N.

    2007-01-01

    The extensive amount of video data stored on available media (hard and optical disks) necessitates video content analysis, which is a cornerstone for different user-friendly applications, such as, smart video retrieval and intelligent video summarization. This paper aims at finding a unified and efficient framework for court-net sports video analysis. We concentrate on techniques that are generally applicable for more than one sports type to come to a unified approach. To this end, our framework employs the concept of multi-level analysis, where a novel 3-D camera modeling is utilized to bridge the gap between the object-level and the scene-level analysis. The new 3-D camera modeling is based on collecting features points from two planes, which are perpendicular to each other, so that a true 3-D reference is obtained. Another important contribution is a new tracking algorithm for the objects (i.e. players). The algorithm can track up to four players simultaneously. The complete system contributes to summarization by various forms of information, of which the most important are the moving trajectory and real-speed of each player, as well as 3-D height information of objects and the semantic event segments in a game. We illustrate the performance of the proposed system by evaluating it for a variety of court-net sports videos containing badminton, tennis and volleyball, and we show that the feature detection performance is above 92% and events detection about 90%.

  1. Enforcer, manager or leader? The judicial role in family violence courts.

    Science.gov (United States)

    King, Michael; Batagol, Becky

    2010-01-01

    Judicial supervision of offenders is an important component of many family violence courts. Skepticism concerning the ability of offenders to reform and a desire to protect victims has led to some judges to use supervision as a form of deterrence. Supervision is also used to hold offenders accountable for following court orders. Some family violence courts apply processes used in drug courts, such as rewards and sanctions, to promote offender rehabilitation. This article suggests that while protection and support of victims should be the prime concern of family violence courts, a form of judging that engages offenders in the development and implementation of solutions for their problems and supports their implementation is more likely to promote their positive behavioral change than other approaches to judicial supervision. The approach to judging proposed in this article draws from therapeutic jurisprudence, feminist theory, transformational leadership and solution-focused brief therapy principles. Copyright © 2010 Elsevier Ltd. All rights reserved.

  2. 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.

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

    Science.gov (United States)

    Abeles, Norman

    2010-11-01

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

  4. Spice Modeling of the Vilnius Chaotic Oscillator

    OpenAIRE

    Peters, Randall D.

    2005-01-01

    ``A simple chaotic oscillator for educational purposes'' was recently described in the literature [1]. In addition to their hardware description, the authors of this paper generated a bifurcation diagram from the model equations presented in their paper. In the present treatment of their circuit the `simulation program for integrated circuit engineering' (Spice) has been used to generate some insightful graphs that were not shown by the Lithuania group.

  5. Vilnius, Brussels see Ignalina in different perspectives

    Index Scriptorium Estoniae

    2008-01-01

    Euroopa Komisjoni energeetika ja transpordi peadirektoraadi peadirektori asetäitja Dominique Ristori on seisukohal, et Leedu peab Ignalina tuumajaama sulgema kokkulepitud ajaks. Läbirääkija Aleksandras Abisala arvates oleks parim lahendus tuumajaama aeglane väljalülitamine

  6. Explaining the judicial independence of international courts: a comparative analysis

    DEFF Research Database (Denmark)

    Beach, Derek

    What factors allow some international courts (ICs) to rule against the express preferences of powerful member states, whereas others routinely defer to governments? While judicial independence is not the only factor explaining the strength of a given international institution, it is a necessary...... condition. The paper first develops three sets of competing explanatory variables that potentially can explain variations in the judicial independence of ICs. The causal effects of these explanatory variables upon variance in judicial independence are investigated in a comparative analysis of the ACJ, ECJ......, ECtHR and IACHR. It is found that the threat of governmental noncompliance and the strength of the constituency possessed by an IC have the most explanatory power, although there is still a significant residual that can only be explained by looking at factors relating to judicial choices and agency....

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

    Directory of Open Access Journals (Sweden)

    Magno Federici Gomes

    2016-08-01

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

  8. The Electoral Court and Political Parties’ Expenditures in Mexico

    Directory of Open Access Journals (Sweden)

    Alejandro Díaz Domínguez

    2016-01-01

    Full Text Available I analyze the main determinants of why the electoral tribunal upholds or overturns fines imposed by the ife to Mexico’s political parties, as revealed by audits of political spending. I found evidence that partially support the hypotheses developed by the judicial politics literature, which states that specialized courts, such as the electoral tribunal are more likely to overturn decisions of a specialized agency for strategic reasons. By analyzing 1671 fines challenged between 1996 and 2010, I conclude that although magistrates affirm three out of four fines, they overturn ife’s decisions when there is a salient issue, such as campaign spending or when relevant political elites challenge the fines imposed.

  9. Supreme audit court of auditors' insights on operational audit challenges

    Directory of Open Access Journals (Sweden)

    Sadegh Jamali

    2012-04-01

    Full Text Available Operational audit plays an important role on managing governmental budget. It helps control government spending and other important budgetary issues. This paper presents an empirical study to find out the possible barriers on implementing operational audit. The proposed study distributes some questionnaires among supreme audit court of auditors and analyzes the questions. The results indicate that many governmental organizations are not strongly committed to rules and regulations. There are not sufficient standards on auditing programs and many governmental agencies do not even use operational budgeting system since they are not aware of the benefits of such system. There are some of the most important challenges of having operational budgeting and paper suggests some guidelines for having better regulation on removing the main barriers.

  10. Adaptive Programming Improves Outcomes in Drug Court: An Experimental Trial.

    Science.gov (United States)

    Marlowe, Douglas B; Festinger, David S; Dugosh, Karen L; Benasutti, Kathleen M; Fox, Gloria; Croft, Jason R

    2012-04-01

    Prior studies in Drug Courts reported improved outcomes when participants were matched to schedules of judicial status hearings based on their criminological risk level. The current experiment determined whether incremental efficacy could be gained by periodically adjusting the schedule of status hearings and clinical case-management sessions in response to participants' ensuing performance in the program. The adjustments were made pursuant to a priori criteria specified in an adaptive algorithm. Results confirmed that participants in the full adaptive condition (n = 62) were more than twice as likely as those assigned to baseline-matching only (n = 63) to be drug-abstinent during the first 18 weeks of the program; however, graduation rates and the average time to case resolution were not significantly different. The positive effects of the adaptive program appear to have stemmed from holding noncompliant participants more accountable for meeting their attendance obligations in the program. Directions for future research and practice implications are discussed.

  11. Forecasting the Senate vote on the Supreme Court vacancy

    Directory of Open Access Journals (Sweden)

    Scott J. Basinger

    2016-07-01

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

  12. The International Criminal Court: a New International Instrument against Impunity

    Directory of Open Access Journals (Sweden)

    Xabier Deop

    2000-12-01

    Full Text Available Summary: On July 17, 1998 in Rome, the creation of an International Criminal Court (ICC was approved, its Statute to go into effect on ratification by 60 states. The ICC would have jurisdiction in judging the crime of aggression, the crime of genocide, crimes against humanity and crimes of war. This article presents the fundamental aspects of the ICC Statute with particular attention to the crimes placed under the Court’s jurisdiction, the carrying out of investigations of possible crimes, the rights of suspects and those charged with crimes, and sentencing. In conclusion, despite certain notable shortcomings, its very creation can be said to represent an important step against the impunity of the most serious international crimes.

  13. Change and Continuity: The Kompilasi and Indonesian Islamic Courts'

    Directory of Open Access Journals (Sweden)

    Euis Nurlaelawati

    2007-04-01

    Full Text Available This paper takes a closer look at judicial practices and judgments in the Indonesian Islamic courts since the introduction of Kompilasi (full title: Kompilasi Hukum Indonesia, KHI. The Kompilasi covers Islamic legal rules, particularly family law, derived from various fiqh texts. The Kompilasi is divided into three books. Book One addresses marriage and divorce law. Book Two covers inheritance. Book Three is about endowment (waqf . The material is subdivided by topic into books, chapters, and articles, beginning with a chapter addressing general provisions, followed by chapters treating specific subject areas in each book.Copyright (c 2014 by SDI. All right reserved.DOI: 10.15408/sdi.v14i1.559

  14. Waitress was not induced into quitting, Oregon court says.

    Science.gov (United States)

    1998-09-04

    An Oregon Supreme Court has ruled that an HIV-positive waitress failed to present sufficient evidence supporting her claims of wrongful discharge and unlawful discrimination in a suit she brought against her employer. The restaurant's supervisor informed the waitress that a regular customer threatened to boycott the restaurant because of the waitress's HIV status. He also stated that her continued employment could result in financial problems for the restaurant. The waitress, fearing abuse and humiliation, agreed to a resignation that would be treated as a layoff, so that she would not lose certain government benefits. The waitress then decided to sue, saying that the supervisor's comments were intended to convince her to quit.

  15. Court rejects challenge to publication of pricing surveys

    Science.gov (United States)

    For the second time, the U.S. District Court in New York has upheld the right to publish surveys analyzing the prices of scientific journals. The decision is a significant confirmation of the legal protection given to a form of speech important to the scholarly community.In 1986 and 1988, the American Institute of Physics (AIP) and The American Physical Society (APS) published the results of surveys that analyzed the comparative prices of physics journals. Journals published by AIP and APS scored near the top of the rankings, and several of Gordon & Breach's (G & B) journals scored at or near the bottom. G&B sued AIP and APS in New York and in Europe, claiming that the publication of the survey results constituted false or misleading advertising.

  16. Towards an international health market with the European Court

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    2005-01-01

    This article examines the process through which a European healthcare dimension has been established and which has gradually extended the rights of European patients to cross-border healthcare. The integrative course has been charted by the legal activism of the European Court of Justice, whereas...... by national authorities can be challenged. Through the indeterminacy of European rules, open to continuous contestation and clarification, healthcare institutionalisation has proceeded and the European Union has extended into the core of the welfare state....... evolution of Community law has increasingly challenged the national instrument to retain health supply within own borders. Furthermore, the position of the European patient has been empowered by new individual rights, emanating from a supranational locus of rights against which the discretion exerted...

  17. Nullum Crimen sine Lege in the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Venus GHAREH BAGHI

    2010-10-01

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

  18. Crimes against humanity: the role of international courts.

    Directory of Open Access Journals (Sweden)

    Eder Milton Schneider

    Full Text Available We study the role of international tribunals, like the International Criminal Court (ICC, as an effective way of reducing the number and/or gravity of crimes against humanity. The action of the ICC is directed against leaders that promote or tolerate these kinds of crimes, that is, political authorities, army commanders, civil leaders, etc. In order to simulate the action of the ICC we build a hierarchical society where the most important leaders have the highest connectivity and can spread their points of view, or their orders, through a chain of less but still highly connected deputy chiefs or opinion chieftains. In this way, if they practice misconduct, corruption, or any kind of discriminatory or criminal actions against individuals or groups, it would very difficult and improbable that they will be prosecuted by the courts of their own country. It is to alleviate this situation that the ICC was created. Its mission is to process and condemn crimes against humanity though a supranational organism that can act on criminal leaders in any country. In this study, the action of the ICC is simulated by removing the corrupt leader and replacing it by a "decent" one. However, as the action of the corrupt leader could have spread among the population by the time the ICC acts, we try to determine if a unique action of the ICC is sufficient or if further actions are required, depending on the degree of deterioration of the human rights in the hypothetical country. The results evidence the positive effect of the ICC action with a relatively low number of interventions. The effect of the ICC is also compared with the action of the local national judiciary system.

  19. Crimes against humanity: the role of international courts.

    Science.gov (United States)

    Schneider, Eder Milton; Iglesias, José Roberto; Hallberg, Karen; Kuperman, Marcelo Néstor

    2014-01-01

    We study the role of international tribunals, like the International Criminal Court (ICC), as an effective way of reducing the number and/or gravity of crimes against humanity. The action of the ICC is directed against leaders that promote or tolerate these kinds of crimes, that is, political authorities, army commanders, civil leaders, etc. In order to simulate the action of the ICC we build a hierarchical society where the most important leaders have the highest connectivity and can spread their points of view, or their orders, through a chain of less but still highly connected deputy chiefs or opinion chieftains. In this way, if they practice misconduct, corruption, or any kind of discriminatory or criminal actions against individuals or groups, it would very difficult and improbable that they will be prosecuted by the courts of their own country. It is to alleviate this situation that the ICC was created. Its mission is to process and condemn crimes against humanity though a supranational organism that can act on criminal leaders in any country. In this study, the action of the ICC is simulated by removing the corrupt leader and replacing it by a "decent" one. However, as the action of the corrupt leader could have spread among the population by the time the ICC acts, we try to determine if a unique action of the ICC is sufficient or if further actions are required, depending on the degree of deterioration of the human rights in the hypothetical country. The results evidence the positive effect of the ICC action with a relatively low number of interventions. The effect of the ICC is also compared with the action of the local national judiciary system.

  20. End of an era?

    DEFF Research Database (Denmark)

    Abrahamson, Peter

    2016-01-01

    At the end of 2015, China put an end to the one-child policy (OCP), thereby terminating the largest family planning program in human history. For nearly four decades it had shaped relations between generations and between men and women to an extent never before seen. Today, China struggles...

  1. Gardner; re BWV: Victorian Supreme Court makes landmark Australian ruling on tube feeding.

    Science.gov (United States)

    Ashby, Michael A; Mendelson, Danuta

    2004-10-18

    The Victorian Supreme Court has decided that artificial nutrition and hydration provided through a percutaneous gastrostomy tube to a woman in a persistent vegetative state may be withdrawn. The judge ruled, in line with a substantial body of international medical, ethical and legal opinion, that any form of artificial nutrition and hydration is a medical procedure, not part of palliative care, and that it is a procedure to sustain life, not to manage the dying process. Thus, the law does not impose a rigid obligation to administer artificial nutrition or hydration to people who are dying, without due regard to their clinical condition. The definition of key terms such as "medical treatment", "palliative care", and "reasonable provision of food and water" in this case will serve as guidance for end-of-life decisions in other states and territories. The case also reiterates the right of patients, and, when incompetent, their validly appointed agents or guardians, to refuse medical treatment. Where an incompetent patient has not executed a binding advance directive and no agent or guardian has been appointed, physicians, in consultation with the family, may decide to withdraw medical treatment, including artificial nutrition or hydration, on the basis that continuation of treatment is inappropriate and not in the patient's best interests. However, Victoria and other jurisdictions would benefit from clarification of this area of the law.

  2. Predictors of Incarceration of Veterans Participating in U.S. Veterans' Courts.

    Science.gov (United States)

    Johnson, R Scott; Stolar, Andrea G; McGuire, James F; Mittakanti, Krithika; Clark, Sean; Coonan, Loretta A; Graham, David P

    2017-02-01

    Significant variability exists regarding the criteria and procedures used by different veterans' courts (VCs) across the country. Limited guidance is available regarding which VC model has the most successful outcomes. The purpose of this study was to examine factors associated with incarceration during VC participation. This study used data for 1,224 veterans collected from the HOMES (Homeless Operations Management and Evaluation System) database of the Department of Veterans Affairs, as well as data from a national phone survey inventory of all U.S. VCs. To identify variables associated with incarceration during VC participation, four backward conditional logistic regressions were performed. The following variables were associated with higher rates of incarceration because of a veteran's noncompletion of the VC program: charges of probation or parole violations, longer stays in the VC program, end of VC participation because of incarceration for a new arrest or case transfer by the legal system, and requiring mental health follow-up but not undergoing treatment. The following variables were associated with lower rates of incarceration: stable housing and participating in a VC program that referred veterans for substance abuse treatment. This study offers VCs a thorough review of an extensive set of recidivism data. Further investigation is necessary to understand the impact of VCs.

  3. MANAGERIAL APPROACH ON THE ROLE AND RESPONSABILITY OF THE PRESIDENT OF THE COURT AND THE INDIVIDUAL PERFORMANCE OF JUDGES

    Directory of Open Access Journals (Sweden)

    E. Muscalu

    2014-12-01

    Full Text Available The purpose of this study is to understans how the quality of the court is bound to the role of the court presidents in Romania, who, for the proper administration of the departments and the divisions of the court, must assume a leadership role. Efficiency depends on how they use their knowledge, their behavior and attitudes as personal example to create an environment in which subordinates, judges and court personnel, are fully involved in achieving the objectives of the institution.

  4. 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

  5. TROPOMI end-to-end performance studies

    Science.gov (United States)

    Voors, Robert; de Vries, Johan; Veefkind, Pepijn; Gloudemans, Annemieke; Mika, Àgnes; Levelt, Pieternel

    2008-10-01

    The TROPOspheric Monitoring Instrument (TROPOMI) is a UV/VIS/NIR/SWIR non-scanning nadir viewing imaging spectrometer that combines a wide swath (110°) with high spatial resolution (8 x 8 km). Its main heritages are from the Ozone Monitoring Instrument (OMI) and from SCIAMACHY. Since its launch in 2004 OMI has been providing, on a daily basis and on a global scale, a wealth of data on ozone, NO2 and minor trace gases, aerosols and local pollution, a scanning spectrometer launched in 2004. The TROPOMI UV/VIS/NIR and SWIR heritage is a combination of OMI and SCIAMACHY. In the framework of development programs for a follow-up mission for the successful Ozone Monitoring Instrument, we have developed the so-called TROPOMI Integrated Development Environment. This is a GRID based software simulation tool for OMI follow-up missions. It includes scene generation, an instrument simulator, a level 0-1b processing chain, as well as several level 1b-2 processing chains. In addition it contains an error-analyzer, i.e. a tool to feedback the level 2 results to the input of the scene generator. The paper gives a description of the TROPOMI instrument and focuses on design aspects as well as on the performance, as tested in the end-to-end development environment TIDE.

  6. Subsidiarity and ‘Arguability’: the European Court of Human Rights’ Case Law on Judicial Review in Asylum Cases

    NARCIS (Netherlands)

    Spijkerboer, T.P.

    2009-01-01

    The European Court of Human Rights' case law on judicial review in asylum cases is not entirely consistent. However, it can be interpreted as consistent if two presumptions are accepted. First, that, as the Court's role should be subsidiary to that of domestic courts, domestic judicial review should

  7. 78 FR 17183 - Wooden Bedroom Furniture From the People's Republic of China: Notice of Court Decision Not in...

    Science.gov (United States)

    2013-03-20

    ... International Trade Administration Wooden Bedroom Furniture From the People's Republic of China: Notice of Court... construed that the scope of the order \\1\\ excludes Legacy Classic Furniture, Inc.'s (``Legacy'') Heritage Court Bench pursuant to the CIT's remand order in Legacy Classic Furniture v. United States, Court No...

  8. 5 CFR 838.424 - OPM action on receipt of a court order not acceptable for processing.

    Science.gov (United States)

    2010-01-01

    ... Procedures for Processing Court Orders Affecting Refunds of Employee Contributions Application and Processing Procedures § 838.424 OPM action on receipt of a court order not acceptable for processing. If OPM receives an application from a former spouse not based on a court order acceptable for processing, OPM will inform the...

  9. 5 CFR 838.223 - OPM action on receipt of a court order not acceptable for processing.

    Science.gov (United States)

    2010-01-01

    ... Procedures for Processing Court Orders Affecting Employee Annuities Application and Processing Procedures § 838.223 OPM action on receipt of a court order not acceptable for processing. If OPM receives an application from a former spouse not based on a court order acceptable for processing, OPM will inform the...

  10. 5 CFR 838.723 - OPM action on receipt of a court order not acceptable for processing.

    Science.gov (United States)

    2010-01-01

    ... Procedures for Processing Court Orders Awarding Former Spouse Survivor Annuities Application and Processing Procedures § 838.723 OPM action on receipt of a court order not acceptable for processing. If OPM receives an application from a former spouse not based on a court order acceptable for processing, OPM will inform the...

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

    NARCIS (Netherlands)

    Rap, S.E.

    2013-01-01

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

  12. 20 CFR 1002.314 - May a court use its equity powers in an action or proceeding under the Act?

    Science.gov (United States)

    2010-04-01

    ... Enforcement of Rights and Benefits Against A State Or Private Employer § 1002.314 May a court use its equity powers in an action or proceeding under the Act? Yes. A court may use its full equity powers, including... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false May a court use its equity powers in an...

  13. 25 CFR 20.514 - What assistance can the courts request from social services on behalf of children?

    Science.gov (United States)

    2010-04-01

    ... INTERIOR HUMAN SERVICES FINANCIAL ASSISTANCE AND SOCIAL SERVICES PROGRAMS Child Assistance Foster Care § 20.514 What assistance can the courts request from social services on behalf of children? The courts can... 25 Indians 1 2010-04-01 2010-04-01 false What assistance can the courts request from social...

  14. 5 CFR Appendix A to Subpart A of... - Addresses for Serving Court Orders Affecting CSRS or FERS Benefits

    Science.gov (United States)

    2010-01-01

    ... Affecting CSRS or FERS Benefits A Appendix A to Subpart A of Part 838 Administrative Personnel OFFICE OF... BENEFITS Court Orders Generally Pt. 838, Subpt. A, App. A Appendix A to Subpart A of Part 838—Addresses for Serving Court Orders Affecting CSRS or FERS Benefits (a) The mailing address for delivery of court orders...

  15. KAJIAN YURIDIS TERHADAP CONTEMPT OF COURT DI DEPAN PENGADILAN (STUDI DI DEPAN PENGADILAN NEGERI MEDAN

    Directory of Open Access Journals (Sweden)

    Syarifah Masthura

    2011-11-01

    Full Text Available Pengertian Contempt Of Court adalah segala tindakan berbuat aktif atau tidak melakukan (fasif dilakuan oleh mereka yang berperkara atau pihak lain yang tidak terlibat yang cenderung mengganggu, mencampuri proses penyelenggaraan peradilan sehingga merendahkan martabat peradilan.Pengaturan mengenai tindak pidana terhadap peradilan Contempt Of Court di Indonesia dapat dilihat dari diundangkannya UU No 14 Tahun 1985 tentang Mahkamah Agung dan juga tersebar dalam beberapa pasal dalam KUHP. Fenomena dalam peradilan kita menunjukan Contempt Of Court terjadi hampir di setiap lembaga pengadilan. Kewibaan peradilan mengalami penurunan akibat perilaku tidak baik yang dilakukan oleh para pihak yang berperkara maupun juga dilakukan oleh aparat penegak hukum. Dalam penelitian ini akan mmengkaji pengaturan bentuk-bentuk Contempt Of Court di Indonesia, selanjutnya akan di teliti sebab-sebab terjadi Contempt Of Court di depan pengadilan dan bagaimana seharusnya penanggulan tindak pidana Contempt Of Court.Contempt Of Court terjadi di depan pengadilan disebabkan belum bekerjanya sistem hukum dengan  baik. Perilaku hukum dan budaya hukum yang dipengaruhi oleh sistem hukum yang diterapkan di Indonesia. Hukum modern di Indonesia diterima dan dijalankan sebagai suatu instansi baru yang yang didatangkan atau dipaksakan dari luar, yakni melalui kebijakan colonial Hindia Belanda. Aparat penegak hukum belum bekerja dengan baik untuk dapat menegakan hukum, terutama ketika sidang di pengadilan maka fungsi dan peran jaksa, advokat, dan hakim belum mencerminkan upaya  hukum yang maksimal. Budaya hukum masyarakat dalam euphoria reformasi menunjukan kurangnya penghargaan terhadap kewibawaan hukum. Hal ini diperparah dengan kekecewaan praktek pengadilan dan mafia peradilan.

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

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2014-05-01

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

  17. [Consequences of the judgment of the Federal Constitutional Court on the fighting dog problem].

    Science.gov (United States)

    Hülsenbusch, M

    2005-03-01

    The Federal Constitutional Court decided with its "Dangerous dog-judgment" about the constitutional complaint of 53 dog breeders on the federal act combating dangerous dogs. This judgment was a so-called Pyrrhic Victory for the appellants. The Court declared the legislative competence of the federal level in this issue for null and void. But the statutory prohibition for breeding Pitbull-Terrier-, American Staffordshire-Terrier-, Staffordshire-Bullterrier-, Bullterrier-races and cross breeding out of this dogs will be governed in police laws by the Laender finally. The Standing Conference of the Ministers for Internal Affairs declared an appropriate recommendation. The use of the category "race" was refused by experts in discussions as completely wrong and not acceptable. But the Federal Constitutional Court reasons that the legislator can use the category "race" within his scope of evaluation and prognostication in accordance with the Constitution for the ban of import of dangerous dogs. The Court demands--because of the weak data background - that the legislator monitors the legislation, to adjust it according to current developments. The Constitutional Court creates with the judgment "dangerous dogs" legal certainty. The jurisprudence of the administrative courts of the Laender and of the Federal Administrative Court based on the category "race" was approved as well as the police laws of the Laender dealing with dangerous dogs.

  18. An Experimental Trial of Adaptive Programming in Drug Court: Outcomes at 6, 12 and 18 Months.

    Science.gov (United States)

    Marlowe, Douglas B; Festinger, David S; Dugosh, Karen L; Benasutti, Kathleen M; Fox, Gloria; Harron, Ashley

    2014-06-01

    Test whether an adaptive program improves outcomes in drug court by adjusting the schedule of court hearings and clinical case-management sessions pursuant to a priori performance criteria. Consenting participants in a misdemeanor drug court were randomly assigned to the adaptive program (n = 62) or to a baseline-matching condition (n = 63) in which they attended court hearings based on the results of a criminal risk assessment. Outcome measures were re-arrest rates at 18 months post-entry to the drug court and urine drug test results and structured interview results at 6 and 12 months post-entry. Although previously published analyses revealed significantly fewer positive drug tests for participants in the adaptive condition during the first 18 weeks of drug court, current analyses indicate the effects converged during the ensuing year. Between-group differences in new arrest rates, urine drug test results and self-reported psychosocial problems were small and non-statistically significant at 6, 12 and 18 months post-entry. A non-significant trend (p = .10) suggests there may have been a small residual impact (Cramer's ν = .15) on new misdemeanor arrests after 18 months. Adaptive programming shows promise for enhancing short-term outcomes in drug courts; however, additional efforts are needed to extend the effects beyond the first 4 to 6 months of enrollment.

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

    Science.gov (United States)

    Chakhvadze, B; Chakhvadze, G

    2017-01-01

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

  20. End-effector microprocessor

    Science.gov (United States)

    Doggett, William R.

    1992-01-01

    The topics are presented in viewgraph form and include: automated structures assembly facility current control hierarchy; automated structures assembly facility purposed control hierarchy; end-effector software state transition diagram; block diagram for ideal install composite; and conclusions.

  1. CENTRIFUGE END CAP

    Science.gov (United States)

    Beams, J.W.; Snoddy, L.B.

    1960-08-01

    An end cap for ultra-gas centrifuges is designed to impart or remove angular momentum to or from the gas and to bring the entering gas to the temperature of the gas inside the centrifuge. The end cap is provided with slots or fins for adjusting the temperature and the angular momentum of the entering gas to the temperature and momentum of the gas in the centrifuge and is constructed to introduce both the inner and the peripheral stream into the centrifuge.

  2. A Study on Cases Involving Violence Against Women Among Divorce Suits Tried in the Family Court of Van Province Between 2005-2009

    Directory of Open Access Journals (Sweden)

    Muhammet Can

    2010-04-01

    Full Text Available While violence against women is an important public health problem with its negative impacts over physical and emotional health of women alongside ruining their social statuses, it is also considered as a field of forensic medicine which covers the judicial and human rights aspects of the problem. In the present study, we aimed to determine cases involving violence against women committed by their husbands and identify their characteristics among divorce suits tried between 2005-2009 in Van province,. By reviewing the files and records of divorce cases in the court archive which had been finalized between 2005-2009, we found and analyzed 193 cases involving violence and determined the ones that ended with an order of protection for the abused. Among those 193 cases, mean value for age of women was 31,39 (+8,46, number of children was 2,07 (+1,82, and official duration of marriage was 9,27 years (+8,36 years. As the mean rate of forensic/medical report presence in the files involving violence was 19,2%, the rate of issuing protection order in coordinance with Law No. 4320 was found to increase at a steady pace each year and determined to exhibit a mean rate of 15,5%. Court records and medical reporting procedures should be standardized for divorce suits and all cases of domestic violence. Informing and instructing judges, attorneys, and lawyers along with amelioration of the coordination among courts, social services network, forensic medicine units, and hospital emergency departments, should contribute in more efficient execution of Law No. 4320. Key words: Family court, divorce, violence against women, domestic violence

  3. The Universal Jurisdiction of South African Criminal Courts and Immunities of Foreign State Officials

    Directory of Open Access Journals (Sweden)

    Evode

    2015-12-01

    Full Text Available Under the "complementarity" regime of the Rome Statute of the International Criminal Court (ICC, the jurisdiction of the ICC is secondary to the jurisdiction of domestic courts. States Parties, not the ICC, have the primary responsibility of investigating and prosecuting international crimes. The ICC acts only when States are "unable" or "unwilling" to prosecute. As a State Party, in order to give effect to the complementarity principle, South Africa enacted the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, which determines the modalities of prosecuting perpetrators of the crimes of genocide, crimes against humanity and war crimes in South African courts. The Implementation Act also provides that South African courts will have jurisdiction over these crimes not only when they are committed on the territory of South Africa but also when they are committed outside the Republic. By granting South African courts jurisdiction over a person who commits a crime outside the Republic when that person is later found on South African territory, without regard to that person's nationality or the nationality of the victims, the Implementation Act empowers South African courts with universal jurisdiction over international crimes. This paper seeks to determine whether and to what extent foreign State officials, such as foreign heads of State, heads of government and ministers of foreign affairs, can plead immunity when they are accused of international crimes before South African courts when exercising their universal jurisdiction in terms of the Implementation Act and in accordance with the complementarity regime of the Rome Statute. In other words, the article endeavours to determine whether international law rules regarding immunities of State officials may or may not limit the ability of South African courts to exercise universal jurisdiction over international crimes committed in foreign States.

  4. Commentary (amending the legal characterization of the facts at trial stage in the International Criminal Court and the defendant's right to a fair trial)

    DEFF Research Database (Denmark)

    Cullen, Miriam

    2017-01-01

    characterization of the facts to be amended while criminal proceedings are on foot. Great care must be taken in its implementation. Our due process alarm bells should start to ring the moment the purpose of putting an end to impunity begins to override fundamental human rights. No matter how commendable the goal......(2) of the Regulations of the Court”, Situation In The Democratic Republic Of The Congo In The Case Of The Prosecutor V.Thomas Lubanga Dyilo, Case No. ICC-01/04-01/06-2205, A.Ch., 8 December 2009. Regulation 55 of the Regulations of the International Criminal Court draws on a civil law tradition which allows the legal...

  5. Court Backlogs: Balancing Efficiency and Justice in Singapore

    Directory of Open Access Journals (Sweden)

    Helena Whalen-Bridge

    2017-12-01

    Full Text Available Access to justice via public dispute resolution in the courts requires a certain number of judges to handle the volume of disputes, and failure to have a critical mass of judicial officers leads to delays or denial of justice. Numbers alone though are clearly not enough. Efficient systems of court administration and dispute resolution are also required, particularly if a jurisdiction attempts to eradicate a backlog. But can a jurisdiction prioritise efficiency without effecting substantive justice? This paper engages with this question by considering the experiences of Singapore, a common law country in Southeast Asia that overcame a large backlog. The process of backlog eradication is reviewed in order to investigate how efficiency and justice were conceptualised in these efforts, as presented in extra-judicial statements and academic scholarship. Particularly in the beginning of backlog eradication, efficiency took centre stage, but it does not appear to have been considered in isolation, and the introduction of business management principles introduced a theme of consumer satisfaction that developed into a robust approach to access to justice. Singapore’s experience suggests that the connection between efficiency and justice is not a logically linear landscape, but rather an intertwined relationship in which efficiency and justice find a context-specific understanding. Al intentar erradicar un atraso, ¿puede una jurisdicción priorizar la eficiencia judicial sin que esto afecte a la impartición de justicia? Este artículo se ocupa de esa cuestión, y para ello se fija en la experiencia de Singapur, país del Sudeste Asiático de derecho consuetudinario que en los años 90 solucionó un grave problema de acumulación de trabajo atrasado, investigando la forma en que reformas judiciales relevantes conceptualizaron la eficiencia y la justicia. Al principio, la eficiencia pasó a primer plano, pero parece que no se consideró de forma aislada

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

    Science.gov (United States)

    Macdonald, Gillian S

    2016-06-01

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

  7. Viva Hate? An Ideology Critique of the European Court of Human Rights and the United Kingdom

    OpenAIRE

    Scott, David Mackendrick

    2017-01-01

    Through an assessment of the recent criticism directed against the Court from the United Kingdom, this thesis sets out the investigate the future of the European Court of Human Rights. By analysing compliance with the Court as a form of ideology—in particular, the definition given by John B Thompson as the “ways in which meaning serves to establish and sustain relations of domination”—it studies the ways this has been challenged by the United Kingdom, and assesses the suitability of the curr...

  8. Assessment procedures regarding end-of-life decisions in neonatology in the Netherlands.

    Science.gov (United States)

    Dorscheidt, Jozef H H M

    2005-12-01

    This paper describes the position of Dutch law concerning end-of-life decisions in neonatology consequent on rulings of the Dutch appeals court in two cases. The concept of a multidisciplinary assessment committee is explored. The European Convention on Human Rights in its articles 2 and 13 is relevant to this concept. The author provides a detailed discussion of the current situation and draws conclusions based on his perception of future developments in regulating thanatic practices in neonatology.

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

    Directory of Open Access Journals (Sweden)

    Lucas Nogueira Garcez

    2014-03-01

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

  10. Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts1

    Science.gov (United States)

    Portillo, Shannon; Rudes, Danielle; Viglione, Jill; Nelson, Matthew; Taxman, Faye

    2012-01-01

    In problem-solving courts judges are no longer neutral arbitrators in adversarial justice processes. Instead, judges directly engage with court participants. The movement towards problem-solving court models emerges from a collaborative therapeutic jurisprudence framework. While most scholars argue judges are the central courtroom actors within problem-solving courts, we find judges are the stars front-stage, but play a more supporting role backstage. We use Goffman's front-stage-backstage framework to analyze 350 hours of ethnographic fieldwork within five problem-solving courts. Problem-solving courts are collaborative organizations with shifting leadership, based on forum. Understanding how the roles of courtroom workgroup actors adapt under the new court model is foundational for effective implementation of these justice processes. PMID:23397430

  11. The Survey of criterion of gravity threshold for prosecution of crimes in international criminal court: comparative view on other international courts

    Directory of Open Access Journals (Sweden)

    Mahmoud Saber

    2015-12-01

    Full Text Available The Survey of criterion of gravity threshold for prosecution of crimes in international criminal court One of the issues that have gained a good place in considerations of the office of the prosecution and Icc, is the gravity threshold set out in paragraph 1(d of article 17 of statute. This concept has some challenges: challenges such as lack of definition, lack of criterion for satisfaction of this concept. Given to the fact that gravity threshold is one part of admissibility mechanism, these ambiguities can disturb the legitimacy and function of international criminal court as the first permanent international criminal court. Hence, the purpose in present paper is to clarify this significant concept. Moreover, the gravity threshold criterions and the role of this concept in situation and cases also have been analyzed. Finally, it is concluded that due to political considerations, the clarification of gravity threshold is seriously needed.

  12. The Unified Patent Court (UPC), Compulsory Licensing and Competition Law

    DEFF Research Database (Denmark)

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

    2014-01-01

    Competition law and rules on compulsory licensing are considered as indispensable instruments to balance patent rights. In this article, we examine the room for using such balancing instruments in the context of the UPC. We analyse whether the balancing instruments will remain applicable to Europ......Competition law and rules on compulsory licensing are considered as indispensable instruments to balance patent rights. In this article, we examine the room for using such balancing instruments in the context of the UPC. We analyse whether the balancing instruments will remain applicable...... to European patents (with or without unitary effect) and to what extent the UPC will have competence to use these balancing instruments in cases brought before it. Our analysis shows that the UPC to some extent will have competence to use the balancing instruments mentioned, but also that there is a risk...... that the UPC is likely to be less inclined to use them. To redress that problem we suggest that the UPC acknowledges the institutional biases of the court and looks for ways to include other values and interests than the proprietary values and interests of patent law....

  13. Local court reforms and ‘global’ law

    Directory of Open Access Journals (Sweden)

    Richard Mohr

    2007-06-01

    Full Text Available This study considers court reform programmes sponsored by the IMF and World Bank in Indonesia and Venezuela. It aims to broaden the frame of reference of ‘globalisation’ in law beyond the two traditional sites of human rights and trade. Drawing on a tradition of legal pluralism, it investigates the various sources of ‘global’ or universalising pressures on the law. The sources and impacts of these efforts may derive from and benefit or disadvantage specific groups in various locations. They will also promote or inhibit particular political, social or economic projects. The study concludes that various constituencies and impulses to reform refer to different versions of the ‘universal’ for their conception of right and legitimacy. These are neither inherently local nor unambiguously global. Local religious or egalitarian movements may refer to universal religious or political values just as interests in fair commercial dealing can call on international legal norms. In contrast to the local sites where law is performed, these universal sites exist in a multitude of indigenous, religious, political and legal imagined communities, each of which may be invoked in attempts to reform local practice.

  14. THE ENDS OF EDUCATION

    Directory of Open Access Journals (Sweden)

    Aníbal R León

    2012-11-01

    Full Text Available In this work, I attempt to explore and discuss the ends of education. Being that education is a human activity, is a product of the action of man upon man, women upon women, the culture upon the individual to keep what is particular and proper of the culture. In general, education in any culture seeks human growth, formation of the ideal personality supported in human vitality, effort, intelligence, order, beauty, kindness, and discipline. Equally, the intellectual preparation, appreciation of science, art, sport, and work, philosophical thinking, because it contributes to the dialectical capacity, are useful ends to education. The expected results of education are knowledge, truth, wellbeing, happiness, and identity with the self and the own culture. Education seeks excellence and human happiness since the very childhood, never end, and is permanent.

  15. College Can Fire Teacher for Swearing at Student in Class, U.S. Court Rules.

    Science.gov (United States)

    Mangan, Katherine S.

    1987-01-01

    An appellate court found that a college faculty member's use of offensive language in class was unprofessional, interfered with instruction, and not protected by principles of free speech and academic freedom. (MSE)

  16. Accuracy Assessment Points for Appomattox Court House National Historical Park Vegetation Mapping Project

    Data.gov (United States)

    National Park Service, Department of the Interior — This shapefile depicts the locations of thematic accuracy assessment sampling points used in the vegetation mapping of Appomottox Court House National Historical...

  17. Field Plot Points for Appomattox Court House National Historical Park Vegetation Mapping Project

    Data.gov (United States)

    National Park Service, Department of the Interior — This shapefile shows the location of vegetation sampling plots used for vegetation classification and mapping at Appomottox Court House National Historical Park

  18. Spatial Vegetation Data for Appomattox Court House National Historical Park Vegetation Mapping Project

    Data.gov (United States)

    National Park Service, Department of the Interior — This shapefile is an vegetation map of Appomattox Court House National Historical Park, Virginia. It was developed by The Virginia Department of Conservation and...

  19. The 'sleeper' issues before the Supreme Court as it reviews the Affordable Care Act

    National Research Council Canada - National Science Library

    Goldman, T R

    2012-01-01

      When the Supreme Court begins three days of oral arguments March 26 over legal challenges to the Affordable Care Act, public attention will be focused on the constitutionality of the law's mandate...

  20. Labor and the Supreme Court: Significant Issues of 1989-90.

    Science.gov (United States)

    Hukill, Craig

    1990-01-01

    In contrast to its 1988 term, the Supreme Court's new term presents less controversial, though still important, labor issues in such areas as public-sector labor relations, pensions, occupational safety and health, employment discrimination, and workers' compensation. (Author)