Sample records for experts texte court

  1. Educator of the Court: The Role of the Expert Witness in Cases Involving Autism Spectrum Disorder

    PubMed Central

    Berryessa, Colleen M.

    2017-01-01

    The role of the expert witness in legal contexts is to educate fact finders of the court who may have no background in the expert’s area. This role can be especially difficult for those who assist in cases involving individuals with Autism Spectrum Disorder (ASD). As expert assistance on ASD is crucial to ensuring just outcomes for individuals diagnosed with ASD, knowledge on how expert witnesses perceive and approach their roles, and what factors may influence these perceptions, is essential. This qualitative research utilizes semi-structured interviews with a sample of expert witnesses in cases involving ASD, analyzed using a grounded-theory constant comparative analytic approach. Data reveal that experts appear to view their roles in court as reconstructionists, educators, myth-dispellers, and most of all, communicators, actively using their testimony to fill these roles in cases. These results also allow for the development of a model that illustrates two areas that coalesce to affect how experts view their roles in court: (1) personal experiences of experts in cases in which they have been involved; and (2) influences outside experts’ personal experiences, such as their general opinions or observations regarding ASD and its relationship to the criminal justice system. PMID:28943746

  2. Defining 'reasonable medical certainty' in court: What does it mean to medical experts in child abuse cases?

    PubMed

    Dias, Mark S; Boehmer, Susan; Johnston-Walsh, Lucy; Levi, Benjamin H

    2015-12-01

    Physicians and others who provide expert testimony in court cases involving alleged child abuse may be instructed to state their conclusions within a 'reasonable medical certainty' (RMC). However, neither judges nor jurors knows what degree of probability constitutes RMC for a given expert, nor whether different experts use different standards to formulate their opinions. We sought to better understand how experts define RMC in the context of court cases. An email survey was sent to members of six list-serves, representing four specialties, whose members testify in child abuse cases. Respondents were asked to define how RMC corresponded to (1) the numerical probability that abuse occurred, (2) the ordinal probability, and (3) how their determinations relate to common legal standards ('preponderance of the evidence', 'clear and convincing', and 'beyond a reasonable doubt'). Participants were also asked how comfortable they were in defining RMC; whether their definition changed according to the charges or type of proceeding; and how they would apply RMC to several hypothetical cases. The 294 list-serve participants who responded included child abuse pediatricians (46%), forensic pathologists (21%), pediatric neurosurgeons (15%), pediatric ophthalmologists (12%), and others (6%). Though 95% of respondents had testified in court, only 45% had received training in the definition of RMC. Only 37% were comfortable defining RMC. Although many responses were highly clustered and paired comparisons showed that 95% of participants' responses were internally consistent, there was variability in respondents' definitions of RMC. There is some variability in how child abuse expert witnesses define and use the term RMC; we provide suggestions about how to more accurately and transparently define RMC to ensure justice in these cases. Copyright © 2015 Elsevier Ltd. All rights reserved.

  3. Intra- and interobserver agreement among obstetric experts in court regarding the review of abnormal fetal heart rate tracings and obstetrical management.

    PubMed

    Sabiani, Laura; Le Dû, Renaud; Loundou, Anderson; d'Ercole, Claude; Bretelle, Florence; Boubli, Léon; Carcopino, Xavier

    2015-12-01

    The objective of the study was to evaluate the intra- and interobserver agreement among obstetric experts in court regarding the retrospective review of abnormal fetal heart rate tracings and obstetrical management of patients with abnormal fetal heart rate during labor. A total of 22 French obstetric experts in court reviewed 30 cases of term deliveries of singleton pregnancies diagnosed with at least 1 hour of abnormal fetal heart rate, including 10 cases with adverse neonatal outcome. The experts reviewed all cases twice within a 3-month interval, with the first review being blinded to neonatal outcome. For each case reviewed, the experts were provided with the obstetric data and copies of the complete fetal heart rate recording and the partogram. The experts were asked to classify the abnormal fetal heart rate tracing and to express whether they agreed with the obstetrical management performed. When they disagreed, the experts were asked whether they concluded that an error had been made and whether they considered the obstetrical management as the cause of cerebral palsy in children if any. Compared with blinded review, the experts were significantly more likely to agree with the obstetric management performed (P < .001) and with the mode of delivery (P < .001) when informed about the neonatal outcome and were less likely to conclude that an error had been made (P < .001) or to establish a link with potential cerebral palsy (P = .003). The experts' intraobserver agreement for the review of abnormal fetal heart rate tracing and obstetrical management were both mediocre (kappa = 0.46-0.51 and kappa = 0.48-0.53, respectively). The interobserver agreement for the review of abnormal fetal heart rate tracing was low and was not improved by knowledge of the neonatal outcome (kappa = 0.11-0.18). The interobserver agreement for the interpretation of obstetrical management was also low (kappa = 0.08-0.19) but appeared to be improved by knowledge of the neonatal outcome

  4. The adversarial court system and the expert medical witness: 'The truth the whole truth and nothing but the truth?'.

    PubMed

    Ryan, Matthew

    2003-06-01

    This discussion aims to provide the occasional medical expert witness with background knowledge of the adversarial court system and the role of the medical expert witness within it. The parallel evolution of the adversarial and inquisitorial legal systems has been more out of tradition rather than any systematic review of the effectiveness of one system or the other. Both legal systems have their merits and limitations. Witnesses within the adversarial system are required to present evidence in a structured and highly stylized format consisting of 'evidence in chief' followed by 'cross-examination'. This format is an attempt to exclude unreliable evidence. The medical witness is an 'expert' by means of specialized knowledge not possessed by the general public. This distinction allows the expert medical witness to offer his or her opinion as evidence. There remain several limitations to the expert's evidence and these relate to common knowledge, field of expertise and the 'ultimate issue'. The current practice of selection of expert medical witnesses is seriously flawed with several pressures operating to maximise bias and inaccurate testimony. Doctors should not only anticipate change in this area they should lead reform in this area.

  5. Dangerous Liaisons? Psychiatry and Law in the Court of Protection-Expert Discourses of 'Insight' (and 'Compliance').

    PubMed

    Case, Paula

    2016-01-01

    A finding that 'P' (as the person who is subject to Court of Protection proceedings is known) lacks mental capacity is the trigger for exposing them to decision-making by others and the powers of the Court of Protection (CoP) which, in the words of Justice Hedley, can be 'invasive and draconian' (Hedley J in PC v City of York Council cited in [2013] EWCA Civ 478 [13]). Whilst the law asserts the upper hand in the assessment of mental capacity for persons who come before the CoP, it is the discipline of psychiatry, which dominates expert witness testimony in these proceedings. There are a number of implications of allowing psychiatry to dominate this terrain, not least that, as will be argued in this article, clinical discourse, which makes reference to non-statutory terminology such as 'lack of insight' and 'non-compliance' are imported into the business of capacity assessment. This terminology, if used lazily and without clear reference to the statutory criteria, has the potential to muddy the waters of assessing P's capacity. At its worst, it can mask value judgements, which threaten to undermine the law's 'autonomy promoting' provisions set out in the Mental Capacity Act 2005. Whilst it is not intended to discredit 'insight' as a concept in psychiatry, this article concludes that it has a proper context and that in the mental capacity context, decision-makers, lawyers, and advocates should exercise careful scrutiny of its use, and CoP judgments should carefully interrogate the language imported by expert witnesses. © The Author 2016. Published by Oxford University Press.

  6. Court Rejects Seattle Policy Weighing Race

    ERIC Educational Resources Information Center

    Hendrie, Caroline

    2004-01-01

    Legal experts see a federal appeals court decision striking down Seattle's system for assigning students to high school as a significant development in the debate over what districts can voluntarily do to promote demographic diversity in the post-desegregation era. The 2-1 ruling on July 27, 2006 by a panel of the U.S. Court of Appeals for the 9th…

  7. Paediatric expert witness.

    PubMed

    Johnson, Sandra L J

    2013-08-01

    Paediatricians may be asked to provide expert opinion in paediatric cases that come under legal consideration. This article provides suggestions to assist paediatricians in this role and emphasises their duty to the court when giving expert opinion. © 2013 The Author. Journal of Paediatrics and Child Health © 2013 Paediatrics and Child Health Division (Royal Australasian College of Physicians).

  8. Science In The Courtroom: The Impact Of Recent US Supreme Court Decisions

    NASA Astrophysics Data System (ADS)

    Poulter, Susan

    2000-03-01

    Most physicists' work is far removed from the courtroom, but the principles of physics are important to a number of legal controversies. Several recent lawsuits have claimed that cellular phones cause brain cancer. And litigation over claims that electromagnetic fields cause other cancers has even more important implications for society. The problem of how to distinguish good science from bad in the courtroom has vexed lawyers and scientists alike for many years, and finally drew the attention of the United States Supreme Court in 1993. The Court has now issued three opinions on the standards for screening expert testimony, which require trial judges to evaluate scientific expert witnesses to determine if their testimony is reliable. How well are the new standards working? Is the judicial system doing any better at screening out junk science? This session will discuss how the Supreme Court's opinions are being applied and suggest several strategies, including the use of court appointed experts, that are being implemented to improve the process further.

  9. Dangerous Liaisons? Psychiatry and Law in the Court of Protection—Expert Discourses of ‘Insight’ (and ‘Compliance’)

    PubMed Central

    2016-01-01

    A finding that ‘P’ (as the person who is subject to Court of Protection proceedings is known) lacks mental capacity is the trigger for exposing them to decision-making by others and the powers of the Court of Protection (CoP) which, in the words of Justice Hedley, can be ‘invasive and draconian’ (Hedley J in PC v City of York Council cited in [2013] EWCA Civ 478 [13]). Whilst the law asserts the upper hand in the assessment of mental capacity for persons who come before the CoP, it is the discipline of psychiatry, which dominates expert witness testimony in these proceedings. There are a number of implications of allowing psychiatry to dominate this terrain, not least that, as will be argued in this article, clinical discourse, which makes reference to non-statutory terminology such as ‘lack of insight’ and ‘non-compliance’ are imported into the business of capacity assessment. This terminology, if used lazily and without clear reference to the statutory criteria, has the potential to muddy the waters of assessing P’s capacity. At its worst, it can mask value judgements, which threaten to undermine the law’s ‘autonomy promoting’ provisions set out in the Mental Capacity Act 2005. Whilst it is not intended to discredit ‘insight’ as a concept in psychiatry, this article concludes that it has a proper context and that in the mental capacity context, decision-makers, lawyers, and advocates should exercise careful scrutiny of its use, and CoP judgments should carefully interrogate the language imported by expert witnesses. PMID:28007808

  10. An Expert System for Searching in Full-Text

    DTIC Science & Technology

    1989-12-01

    2 An Expert System for Searching in Full-Text 00~ TR89-043 -December, 1989 cc D IF L, ~r." T M~ EA 13~ 1991ON- The University of North Carolina at...Full-Text by Susan Evalyn Gauch A dissertation submitted to the faculty of The University of North Carolina at Chapel Hill in partial fulfillment of...MICROARRAS, the retrieval software. MICROARRAS developed at the University of North Carolina under the direction of John B. Smith and Stephen Weiss [Smith et

  11. [Legal quality criteria of expert opinions in liability for medical malpractice].

    PubMed

    Neu, Johann

    2017-09-01

    In litigation regarding to liability for medical malpractice the court itself for lack of medical expert knowledge cannot judge a claimed error in treatment. That applies too for the question if there is causation between the error in treatment and claimed damage to patient's health. In this respect, the court is dependent on a medical expert and is bound to his assessment, unless there is no quality deficit in respect of medical and/or legal criteria. The more the medical expert knows the legal background of physician's liability for medical malpractice, the less is the risk of legal quality deficits in his expert opinion and thereby also of judicial errors by court. Georg Thieme Verlag KG Stuttgart · New York.

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

    ERIC Educational Resources Information Center

    Quill and Scroll, 1988

    1988-01-01

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

  13. False confessions, expert testimony, and admissibility.

    PubMed

    Watson, Clarence; Weiss, Kenneth J; Pouncey, Claire

    2010-01-01

    The confession of a criminal defendant serves as a prosecutor's most compelling piece of evidence during trial. Courts must preserve a defendant's constitutional right to a fair trial while upholding the judicial interests of presenting competent and reliable evidence to the jury. When a defendant seeks to challenge the validity of that confession through expert testimony, the prosecution often contests the admissibility of the expert's opinion. Depending on the content and methodology of the expert's opinion, testimony addressing the phenomenon of false confessions may or may not be admissible. This article outlines the scientific and epistemological bases of expert testimony on false confession, notes the obstacles facing its admissibility, and provides guidance to the expert in formulating opinions that will reach the judge or jury. We review the 2006 New Jersey Superior Court decision in State of New Jersey v. George King to illustrate what is involved in the admissibility of false-confession testimony and use the case as a starting point in developing a best-practice approach to working in this area.

  14. Expert witness and Jungian archetypes.

    PubMed

    Lallave, Juan Antonio; Gutheil, Thomas Gordon

    2012-01-01

    Jung's theories of archetype, shadow, and the personal and collective unconscious provide a postmodern framework in which to consider the role of the expert witness in judicial proceedings. Archetypal themes, motifs, and influences help to illuminate the shadow of the judicial system and projections and behaviors among the cast of the court in pursuing justice. This article speaks to archetypal influences and dialectical tensions encountered by the expert witness in this judicial drama. The archetype of Justice is born from the human need for order and relational fairness in a world of chaos. The persona of justice is the promise of truth in the drama. The shadow of justice is untruth, the need to win by any means. The dynamics of the trickster archetype serve and promote injustice. These influences are examined by means of a case example. This approach will deepen understanding of court proceedings and the role of the expert witness in the heroic quest for justice. Copyright © 2012 Elsevier Ltd. All rights reserved.

  15. Cutting Crime: Drug Courts in Action.

    ERIC Educational Resources Information Center

    Drug Strategies, Washington, DC.

    Drug courts depart from traditional criminal justice practice by directing nonviolent drug abusing offenders to intensive court-supervised drug treatment instead of to prison. An examination of drug courts is offered in this booklet. The text is based on extensive interviews with judges, prosecutors, public defenders, court administrators, police…

  16. Court procedures for identifying problem drinkers : phase II

    DOT National Transportation Integrated Search

    1971-11-30

    This report summarizes the studies conducted in the first phase of the project and describes the tasks completed in the second phase. The court procedures manual developed in Phase I was reviewed by a panel of experts and subsequently revised. Three ...

  17. Psychology and psychiatry in Singapore courts: A baseline survey of the mental health landscape in the legal arena.

    PubMed

    Gwee, Kenji

    Despite the increasing prevalence and involvement of mental health professionals in local courts, there has been no systematic study of the role played by these expert witnesses in Singapore courtrooms. An empirical study of all existing recorded cases on Lawnet (Singapore's legal database of all court trial cases) from 1975-2014 involving psychologists and psychiatrists was conducted. Results revealed that, not only were these mental health experts increasingly dotting the landscape of the legal arena, the variety of their contributions has also been gradually growing. Furthermore, there were marked differences across criminal, civil and custody cases with regards to the issues of how these experts were consulted and how their inputs utilized and appreciated by judges. Differences between psychology and psychiatry were also apparent. A future with more assistance rendered by these professions to courts, as well as greater synergy between law and mental health, was predicted for Singapore courts. Copyright © 2017 Elsevier Ltd. All rights reserved.

  18. Court Directory - Alaska Court System

    Science.gov Websites

    FORMS SELF-HELP COURT RULES LAW LIBRARY ADMINISTRATION Home » Court Directory 'Unknown' © Carl Whitepages Law Libraries Locations, Contact Numbers State Observed Holidays List of State Observed Holidays | Go to Therapeutic Courts Homepage | Return to Court Homepage Law Libraries Anchorage - Staffed

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

    PubMed

    Freckelton, Ian

    2007-12-01

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

  20. Research on Expert Systems,

    DTIC Science & Technology

    1981-03-01

    AD-AllS 905 STANFORD UNIV CA DEPT OF COMPUTER SCIENCE F/B 9/2 IRESEARCH ON EXPERT STSTEMS,IU) IMAR 81 B S BUCHANAN N0001479-C0302 I UNCLASSIFIED...STANCS-81-837 NL EE, hEEVmmhhhhEo flflfflfll...l* f MarcL 1981 Report No . S I AN-( S -81-837|I/ O. .51) ,umb,.reJb LEVEVf oResearch on Expert Systems I1...definition, knowledge that ’ s not codified in print. Thus high performance r-, s to be courted with patience. In addition to utility and performance, I have

  1. Three Do's and Three Don'ts for Expert Witnesses.

    ERIC Educational Resources Information Center

    Oates, R. Kim

    1993-01-01

    Guidelines are offered for child protection workers who are appearing in court as expert witnesses. Guidelines include be objective, be accurate, stick to the area of expertise, don't get manipulated by lawyers, don't be greedy, and maintain one's expert witness work as a minor part of one's professional activities. (JDD)

  2. The expert witness. Neither Frye nor Daubert solved the problem: what can be done?

    PubMed

    Kaufman, H H

    2001-01-01

    Flawed expert scientific testimony has compromised truth finding in American litigation, including in medical malpractice and in product liability cases. The Federal Rules of Evidence and the Supreme Court in Daubert and other cases have established standards for testimony that include reliability and relevance, and established judges as gatekeepers. However, because of lack of understanding of scientific issues, judges have problems with this role, and juries have difficulties with scientific evidence. Professionals and the judiciary have made some advances, but a better system involving the court's use of neutral experts and a mechanism to hold experts accountable for improprieties is needed.

  3. Trial Courts - Alaska Court System

    Science.gov Websites

    Search Court Cases Search Case Information Through the CourtView Public Access Website Court Calendars & Case Dispositions Description Adult Change of Name Cases Filed * Lists adult change of name cases filed in the prior month Adult Change of Name Cases Granted * Lists adult change of name cases granted

  4. Appellate Courts - Alaska Court System

    Science.gov Websites

    Court Cases Appellate Case Management System Oral Argument Supreme Court Calendar, Court of Appeals , which contains the Alaska cases excerpted from P.2d and P.3d. The Pacific Reporter or the Alaska the Alaska cases excerpted from P.2d and P.3d. The Pacific Reporter or the Alaska Reporter is

  5. An expert system for the quantification of fault rates in construction fall accidents.

    PubMed

    Talat Birgonul, M; Dikmen, Irem; Budayan, Cenk; Demirel, Tuncay

    2016-01-01

    Expert witness reports, prepared with the aim of quantifying fault rates among parties, play an important role in a court's final decision. However, conflicting fault rates assigned by different expert witness boards lead to iterative objections raised by the related parties. This unfavorable situation mainly originates due to the subjectivity of expert judgments and unavailability of objective information about the causes of accidents. As a solution to this shortcoming, an expert system based on a rule-based system was developed for the quantification of fault rates in construction fall accidents. The aim of developing DsSafe is decreasing the subjectivity inherent in expert witness reports. Eighty-four inspection reports prepared by the official and authorized inspectors were examined and root causes of construction fall accidents in Turkey were identified. Using this information, an evaluation form was designed and submitted to the experts. Experts were asked to evaluate the importance level of the factors that govern fall accidents and determine the fault rates under different scenarios. Based on expert judgments, a rule-based expert system was developed. The accuracy and reliability of DsSafe were tested with real data as obtained from finalized court cases. DsSafe gives satisfactory results.

  6. [Medical expert assessment in criminal processes from the legal viewpoint].

    PubMed

    Ulsenheimer, K

    1996-11-01

    In the area of medical professional blunder, the medical expert witness is the one participant in a trial whose statement is practically decisive for the court or the prosecutor. Legally, the responsibility remains naturally in the legal hand as the expert witness is only the assistant of the judge. The most important demands on the expert witness are strict objectiveness including towards the colleague, no independent inquiries or interrogations, comprehensive processing of the expert assessment, readiness to revise a written expert assessment according to better knowledge or new facts, independence from the client, no legal comments, clarity of language and intellectual honesty.

  7. What do the experts know? Calibration, precision, and the wisdom of crowds among forensic handwriting experts.

    PubMed

    Martire, Kristy A; Growns, Bethany; Navarro, Danielle J

    2018-04-17

    Forensic handwriting examiners currently testify to the origin of questioned handwriting for legal purposes. However, forensic scientists are increasingly being encouraged to assign probabilities to their observations in the form of a likelihood ratio. This study is the first to examine whether handwriting experts are able to estimate the frequency of US handwriting features more accurately than novices. The results indicate that the absolute error for experts was lower than novices, but the size of the effect is modest, and the overall error rate even for experts is large enough as to raise questions about whether their estimates can be sufficiently trustworthy for presentation in courts. When errors are separated into effects caused by miscalibration and those caused by imprecision, we find systematic differences between individuals. Finally, we consider several ways of aggregating predictions from multiple experts, suggesting that quite substantial improvements in expert predictions are possible when a suitable aggregation method is used.

  8. English Professor as Public Figure: My Days in Court

    ERIC Educational Resources Information Center

    White, Edward M.

    2010-01-01

    The author has twice spent a full day in court, as an expert witness; rather an odd task for an English professor, one might think. Each time involved a matter of considerable importance: an obscenity prosecution of a classic novel during the 1960s, and then, about twenty years later, a financial crisis at a community college involving dozens of…

  9. Despite court ruling, experts insist spermicides are safe.

    PubMed

    1985-03-01

    Recently in Atlanta, Georgia, a US District Judge, Marvin Shoob, ordered Ortho Pharmaceutical Corporation to pay US$5.1 million in damages to a 3 year old girl, born with birth defects to a women who used a spermicide, manufactured by Ortho, when the child was conceived and for 4 weeks following conception. The child was born with a missing left arm, missing fingers on the right hand, a cleft palate, and impaired hearing. The spermicide, Ortho-Gynol, contains octoxynol, which prevents pregnancy by destroying the outer layer of sperm cells. The judge maintained that Ortho was negligent for failing to attach a label to the spermicide warning users that birth defects could occur if the product was used during pregnancy. In 1983, a Food and Drug Administration (FDA) advisory committee advised drug companies that is was unnecessary to attach such a label. The chairman of the committee, Ronald W. Nelson, still maintains that a warning label is unwarrented. "Contraceptive Technology Update" spoke with a number of family planning practitioners and several experts, including some who were involved in the case, concerning their views about the case. Most of the partitioners expressed surprise about the ruling, indicated that they did not plan to alter their counseling advise concerning spermicides, and believed that a warning label was not warranted. A representative for Ortho stated that the company still believes that there is no link between birth defects and the use of spermicides. Ortho does not plan to use a warning label. A spokesman from the judge's office said that the ruling pertained only to the specific case, and that the decision was not generalizable. Robert L. Brent, an expert witness for Ortho said that studies failed to find a significant association between birth defects and spermicides; however, he noted that researchers did not rule out the possibility that there was a slightly increased risk of birth defects among infants born to women who used

  10. Comparing Text-based and Graphic User Interfaces for Novice and Expert Users

    PubMed Central

    Chen, Jung-Wei; Zhang, Jiajie

    2007-01-01

    Graphic User Interface (GUI) is commonly considered to be superior to Text-based User Interface (TUI). This study compares GUI and TUI in an electronic dental record system. Several usability analysis techniques compared the relative effectiveness of a GUI and a TUI. Expert users and novice users were evaluated in time required and steps needed to complete the task. A within-subject design was used to evaluate if the experience with either interface will affect task performance. The results show that the GUI interface was not better than the TUI for expert users. GUI interface was better for novice users. For novice users there was a learning transfer effect from TUI to GUI. This means a user interface is user-friendly or not depending on the mapping between the user interface and tasks. GUI by itself may or may not be better than TUI. PMID:18693811

  11. Comparing Text-based and Graphic User Interfaces for novice and expert users.

    PubMed

    Chen, Jung-Wei; Zhang, Jiajie

    2007-10-11

    Graphic User Interface (GUI) is commonly considered to be superior to Text-based User Interface (TUI). This study compares GUI and TUI in an electronic dental record system. Several usability analysis techniques compared the relative effectiveness of a GUI and a TUI. Expert users and novice users were evaluated in time required and steps needed to complete the task. A within-subject design was used to evaluate if the experience with either interface will affect task performance. The results show that the GUI interface was not better than the TUI for expert users. GUI interface was better for novice users. For novice users there was a learning transfer effect from TUI to GUI. This means a user interface is user-friendly or not depending on the mapping between the user interface and tasks. GUI by itself may or may not be better than TUI.

  12. Texas Court's Ruling in Bonfire Case Widens Liability Worries for College Officials

    ERIC Educational Resources Information Center

    Mangan, Katherine

    2008-01-01

    A Texas court's recent ruling that allowed a negligence lawsuit to proceed against 12 former administrators at Texas A&M University has some higher-education legal experts concerned about campus officials' liability in a variety of situations, including fraternity initiations, housing accidents, and student suicides. The decision was in favor…

  13. [The criteria for appointing experts in forensic medicine].

    PubMed

    Vojtíšek, Tomáš

    In the Czech Republic, forensic medicine is an independent medical field, in which physicians with the appropriate attestation perform expert activities, especially in criminal proceedings, after being formally appointed by a regional court. In order to improve the quality of the activities provided by these experts, the Ministry of Justice is endeavouring to tighten up the general conditions for the appointment of new forensic experts. The individual criteria do not, however, take into account the special nature of forensic medicine as a medical field, the very essence of which involves the specialist qualifications which are necessary for the provision of expert opinions, most frequently to the police. In particular, the introduction of a strict requirement for ten-years of work experience after leaving medical school has hindered and stalled the entrance of young physicians with completed post-graduate studies into the area of forensic medicine. An inquiry sent to the regional courts has discovered that the average length of work experience for newly appointed experts in the period from 2004 to 2013 was 8.2 years, that half of them had work experience of seven years or less and that 75 percent of the newly appointed experts did not meet any set requirements for the length of their work experience at the time of their appointment. The new conditions may have a negative impact on attracting qualified graduates to forensic medicine after the completion of their medical studies and in the long term it may endanger the ability of the field of forensic medicine to provide expert opinions in criminal proceedings. In conclusion, it is the authors opinion that the appointment conditions should be set in cooperation with the professional medical associations and that they should take into account the specific characteristics of the individual medical fields, especially if they are to be set directly by means of a legal regulation within the framework of the recodification

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

    NASA Astrophysics Data System (ADS)

    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. [Consequences of the judgment of the Federal Constitutional Court on the fighting dog problem].

    PubMed

    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.

  16. Sexual Science and Sexual Forensics in 1920s Germany: Albert Moll as (S)Expert

    PubMed Central

    Conn, Matthew

    2012-01-01

    Using court records involving the expert testimony of the Berlin sexologist Albert Moll, my article demonstrates that during the early 1920s a shift in the ‘epistemologies of justice’ concerning the adjudication of sex crimes took place within German courtrooms. Namely, presiding judges considered a greater number of sexual acts as punishable, despite no change in the laws themselves. Central to my argument is the role of expert testimony in practice and its critical reception. By focusing upon the rhetorical strategies presented by attorneys, judges and expert witnesses (as well as defendants themselves and their relatives), it illustrates the functions of expert and tacit knowledge in court, which were often not mutually exclusive. Moll’s stature also enabled him to translate his scientific–medical expertise into state support for his testimonies, as well as the rebuilding of an international community of sexological authorities. It was only under Moll’s leadership that the First International Sexology Congress could take place in 1926, an event that marked the apex of his prestige. PMID:23002293

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

    PubMed

    Moore, Marlee E; Hiday, Virginia Aldigé

    2006-12-01

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

  18. 'What on earth can this possibly mean'? French reentry courts and experts' risk assessment.

    PubMed

    Herzog-Evans, Martine

    2016-01-01

    Against the backdrop of ten years of punitive criminal justice policies, the number of cases in which risk assessments by psychiatrist experts are mandatory has considerably increased in France. Because of complex and deeply ingrained cultural factors, most experts and academics oppose the use of actuarial or other structured judgement tools, which they assimilate to these policy changes. Parallel to this, the reentry judges in charge of making release and other community sentence decisions have maintained a strong rehabilitative and desistance-focused culture. Drawing on interviews with these judges and experts, the author wanted to assess the judges' expectations of experts' reports, their opinion on actuarial tools, and how they perceived experts and their aptitude to assess risk. The study showed that French reentry judges manage to keep experts' conclusions at bay when they do not fit with their desistance goals, as they can draw upon their own expertise and that of probation services. They do not have much faith in the professionalism and methodology of experts, and would like them to better demonstrate how they reach their conclusions. Moreover, criminogenic needs assessment would be much more useful to them than static risk assessment, which raises the issue as to why this is not the French probation services' role. Reentry judges who never encountered a report which uses a structured tool are influenced by the French ideological debate; those who have read such reports are unanimously in favour of such tools. It thus seems clear that they would like experts to be more strongly guided by science, but are not yet fully aware of what this entails. Copyright © 2015 Elsevier Ltd. All rights reserved.

  19. Courts and Kids: Pursuing Educational Equity through the State Courts

    ERIC Educational Resources Information Center

    Rebell, Michael A.

    2009-01-01

    Over the past thirty-five years, federal courts have dramatically retreated from actively promoting school desegregation. In the meantime, state courts have taken up the mantle of promoting the vision of educational equity originally articulated in "Brown v. Board of Education". "Courts and Kids" is the first detailed analysis…

  20. [Differences in psychiatric expertise of responsibility for schizophrenic persons accused of murder: Study with experts of the Court of Appeal of Aix-en-Provence].

    PubMed

    Guivarch, J; Piercecchi-Marti, M-D; Glezer, D; Chabannes, J-M

    2016-08-01

    In France, forensic psychiatric assessment plays a central role in the relationship between psychiatry and justice. The psychiatric expert is commissioned to determine whether or not the accused has a mental disorder and to specify whether or not it affected discernment at the time of offense. Nowadays, psychiatric expertise is coming under more and more criticism, particularly regarding divergences between experts. Our objectives were to find points of divergence between experts, try to understand causes and suggest ways to try to reduce them. For this we conducted a study, between July 2012 and January 2013, with psychiatric experts of the Court of Appeal of Aix-en-Provence through semi-structured interviews. We focused on a limited context: psychiatric expertise of responsibility for schizophrenic persons accused of murder. We questioned the experts about the issue of criminal liability of a person with schizophrenia in general but also in clinical situations we thought particularly involved in disagreements. We recruited a population of 17 psychiatrists, mostly males of average age of 58 years, working mostly in the department of adult psychiatry of a hospital. We highlighted the differences between the experts, first with regards to the issue of liability in general. Experts divided seemed to keep in majority (52.9 %) the alternative between abolition and alteration of discernment when faced with a schizophrenic person accused of murder. The differences were even more pronounced in specific contexts. Thus, the fact that the person had suffered from delirium at the time of the offense led half of the experts (47.1 %) to conclude a systematic abolition of discernment, while the other half made such a conclusion when the delirium was directly linked to the facts. Discontinuation of neuroleptic treatment, drug abuse or existence of premeditation changed the conclusions of the experts in half the cases, more in the sense of an increased accountability in the

  1. Understanding the Federal Courts.

    ERIC Educational Resources Information Center

    Administrative Office of the United States Courts, Washington, DC.

    This booklet discusses the workings of the federal courts and supports six law-related lesson plans. It is divided into the following sections: "The Constitution and the Federal Judiciary"; "The Federal Courts in American Government" ("The Federal Courts and Congress"; "The Federal Courts and the Executive…

  2. Key performance indicators for Australian mental health court liaison services.

    PubMed

    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.

  3. At the Supreme Court.

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2000-01-01

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

  4. Text of the U.S. Court of Appeals Opinion in the Spirt Equal-Pension Case.

    ERIC Educational Resources Information Center

    Newman, Jon O.; And Others

    1984-01-01

    The opinion of a three-judge panel in a court case involving the validity of gender-based mortality tables and the right of women to receive equal pensions from the Teachers Insurance Annuities Association and the College Retirement Equities Fund is presented, including references to the earlier, related Norris case. (MSE)

  5. Juveniles in court.

    PubMed

    Soulier, Matthew F; Scott, Charles L

    2010-01-01

    Nineteenth-century American reformers were concerned about the influence of immaturity and development in juvenile offenses. They responded to their delinquent youths through the creation of juvenile courts. This early American juvenile justice system sought to treat children as different from adults and to rehabilitate wayward youths through the state's assumption of a parental role. Although these rehabilitative goals were never fully realized, the field of American child psychiatry was spawned from these efforts on behalf of delinquent youths. Early child psychiatrists began by caring for juvenile offenders. The function of a child psychiatrist with juvenile delinquents expanded beyond strictly rehabilitation, however, as juvenile courts evolved to resemble criminal adult courts-due to landmark Supreme Court decisions and also juvenile legislation between 1966 and 1975. In response to dramatically increased juvenile violence and delinquency rates in the 1980s, juvenile justice became more retributional, and society was forced to confront issues such as capital punishment for juveniles, their transfer to adult courts, and their competency to stand trial. In the modern juvenile court, child psychiatrists are often asked to participate in the consideration of such issues because of their expertise in development. In that context we review the role of psychiatrists in assisting juvenile courts.

  6. Weakening forensic science in Spain: from expert evidence to documentary evidence.

    PubMed

    Lucena-Molina, Jose-Juan; Pardo-Iranzo, Virginia; Gonzalez-Rodriguez, Joaquin

    2012-07-01

    An amendment in 2002 to the Spanish Code of Criminal Procedure converted into documentary evidence the expert reports prepared by official laboratories aimed at determining the nature, weight, and purity of seized drugs. In most cases, experts are spared from appearance before the courts. This is likely to be extended to other forensic fields. After an overview of criminalistic identification in current forensic science, the objectivity and reliability concepts used by jurists and scientists are considered by comparing the paradigm of individualization with that of likelihood. Subsequently, a detailed critical study is made on the above-mentioned Spanish legal reform, and a comparison is made with the decision on the Melendez-Diaz v. Massachusetts case as ruled by the Supreme Court of the United States. Although the reform is in compliance with the Spanish Constitution, it is at odds with science, in particular regarding the logic underpinning the scientific evaluation of evidence. © 2012 American Academy of Forensic Sciences.

  7. 25 CFR 11.206 - Is the Court of Indian Offenses a court of record?

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 25 Indians 1 2013-04-01 2013-04-01 false Is the Court of Indian Offenses a court of record? 11.206 Section 11.206 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration § 11.206 Is the Court...

  8. 25 CFR 11.206 - Is the Court of Indian Offenses a court of record?

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 25 Indians 1 2011-04-01 2011-04-01 false Is the Court of Indian Offenses a court of record? 11.206 Section 11.206 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration § 11.206 Is the Court...

  9. 25 CFR 11.206 - Is the Court of Indian Offenses a court of record?

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 25 Indians 1 2012-04-01 2011-04-01 true Is the Court of Indian Offenses a court of record? 11.206 Section 11.206 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration § 11.206 Is the Court...

  10. 25 CFR 11.206 - Is the Court of Indian Offenses a court of record?

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 25 Indians 1 2014-04-01 2014-04-01 false Is the Court of Indian Offenses a court of record? 11.206 Section 11.206 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration § 11.206 Is the Court...

  11. Small Claims Court.

    ERIC Educational Resources Information Center

    McKitric, Eloise; Davis, Janet

    The study examined individuals and companies who used small claims courts and the results of decisions reached in small claims cases. A review of studies including an empirical study of two Ohio small claims courts monitored for 12 months made it clear that small claims courts need to be examined to determine if utilization and accessibility to…

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

    DTIC Science & Technology

    2009-04-07

    Authority over Federal Courts ......................................................................... 50 Separation of Powers Issues...executive and legislative branches.193 The Court stated that the separation - of - powers doctrine and the history shaping the design of the Suspension Clause...way that violates precepts of separation of powers . The doctrine of separation of powers is not found in the text of the Constitution, but has been

  13. Commentary: nuances of reverse-waiver evaluations of adolescents in adult criminal court.

    PubMed

    Lyons, Camilla L; Adams, Adria N; Dahan, Abigail L

    2012-01-01

    Several factors influence a judge's decision to transfer youthful defendants to juvenile court from adult court, including the forensic evaluator's ultimate opinion, the defendant's amenability to treatment, and public safety risk. In this commentary, we examine the constructs that evaluators must assess, as established by Kent v. United States (1966). We begin by outlining the legal history that led to the large population of youths currently in the adult criminal justice system nationwide and the negative consequences of their incarceration in adult settings. We consider the unique role of forensic psychologists and psychiatrists as experts in development, with special regard to their ability to assess and inform the court about amenability to treatment and emotional maturity. The determination of amenability to treatment is further explored through a review of the current literature examining the influence of diagnostic labeling on judicial decisions and the treatment response of adolescent offenders who have psychopathy features. We conclude with an update on the recent proposal for juvenile justice reform in the authors' state of New York.

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

    PubMed

    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

  15. Planning for court monitoring

    DOT National Transportation Integrated Search

    1987-03-01

    Court monitoring is a planned approach to studying the handling of DWI offenders, from arrest through sentencing, either through actually observing court hearings or by reviewing case outcomes in court files. The booklet is designed to help groups in...

  16. People Power in the Courts.

    ERIC Educational Resources Information Center

    Update on Law-Related Education, 1982

    1982-01-01

    Describes seven activities for teaching secondary social studies students about court juries. Students observe and discuss the actual selection of a jury, play shadow-jury in an actual court case, interview jurors, research student courts, and survey and discuss student opinions on jury-related issues and court decisions. (AM)

  17. Neuropsychologist experts and neurolaw: cases, controversies, and admissibility challenges.

    PubMed

    Kaufmann, Paul M

    2013-01-01

    Clinical neuropsychologists engage increasingly in forensic consulting activities because such expert opinions are generally relevant, reliable and helpful in resolving certain legal claims, especially those related to traumatic brain injury. Consequently, practitioners of law, medicine and psychology would benefit from understanding the nature of neuropsychological evidence, the standards for its admissibility, and its expanding role in neurolaw. This article reviews important evidentiary rules regulating relevance, preliminary questions, and expert testimony, while tracing federal key court decisions and progeny. Civil and criminal cases are detailed to illustrate the application of these rules and case law to neuropsychological evidence, with suggestions for overcoming motions to exclude such evidence. Expert neuropsychologists have a role in forensic consultation on brain trauma cases, even as the interdisciplinary dialog and understanding among law, medicine, and psychology continues to expand. Copyright © 2013 John Wiley & Sons, Ltd.

  18. Johnson v. Superior Court.

    PubMed

    2000-01-01

    Court Decision: 95 California Reporter, 2d Series 864; 18 May 2000 (date of decision). The Court of Appeal, Second District held that parents and their child, conceived with sperm from an anonymous donor, could compel the donor's deposition and production of documents in an effort to discover information relevant to their action against the sperm bank, California Cryobank, Inc. Cryobank sold Diane and Ronald Johnson sperm that it falsely claimed was fully tested and genetically screened. The sperm, from donor John Doe, genetically transmitted a kidney disease to the Johnson's child. The Johnsons sought information and a deposition from Doe in their action against Cryobank; Doe refused. The court first held that communications between Cryobank and Doe were not protected under the physician-patient privilege because Doe was not a patient and he visited Cryobank with the sole purpose of selling his sperm. The court also found that the agreement between Cryobank and the Johnsons did not preclude the disclosure of Doe's identity under all circumstances because such preclusion is against public policy. Under state law, parties are allowed to inspect insemination records under certain circumstances. To prevent inspection under all circumstances conflicts with a compelling state interest in the health and welfare of children. Finally, the court did not find its holding in violation of Doe's right of privacy because, although Doe's medical records are protected under the right of privacy, compelling state interests in relevant disclosure in court proceedings, seeking the truth in court proceedings, and ensuring full redress of those injured override Doe's interest. The court specified that Doe's identity need not be automatically disclosed, and suggested the trial court construct an order protecting Doe's identity as much as possible.

  19. Order in the Court!

    ERIC Educational Resources Information Center

    Farbman, Madeline

    2005-01-01

    This fall teachers will have the infrequent, but valuable opportunity to teach children about the Supreme Court and its confirmation process. The appointment of a new Justice lets students witness the Court's role and how the three branches of government work together. Teachers also report that the Court is a favorite topic because children can…

  20. Jury Service - Alaska Court System

    Science.gov Websites

    FORMS SELF-HELP COURT RULES LAW LIBRARY ADMINISTRATION Home » Jury Service 1% for Art: 'Snowy Owl Yupik Spirit Mask' © Joshua Mathlaw Jury Service Online Juror Status & Questionnaire View your juror status or access and submit your questionnaire. Jury Service Reminders Receive text message reminders for

  1. Confessions and expert testimony.

    PubMed

    Weiss, Kenneth J

    2003-01-01

    In this clinical paper, the author discusses criminal confessions from the point of view of the expert witness who may be asked to comment on the reliability of the statement and waiver of rights. From the time a suspect is in police custody, constitutional protections against self-incrimination and for due process are in place. The Supreme Court set the standard for these situations in the 1966 Miranda v. Arizona decision. Although it has long been criticized by law enforcement, the decision was upheld in the 2000 decision in Dickerson v. U.S. For a waiver of rights to be valid, it must be a knowing, intelligent, and voluntary decision. Voluntariness is an equation of objective and subjective variables. Treatment by police, physical conditions of interrogation, the suspect's experience and mental state can alter the reliability of a confession. Accordingly, the author has devised a mnemonic for the recognition of conditions that may give rise to expert testimony. The conditions are: Mental illness, Intoxication, Retardation, Acquiescence, Narcotic withdrawal, Deception, and Abuse. These are discussed, supported by examples from the author's practice.

  2. Mental Health Counseling and Specialty Courts

    ERIC Educational Resources Information Center

    Davis, Toni O.; Cates, Keith A.

    2017-01-01

    Specialty courts, such as mental health courts, drug courts, and veterans treatment courts, were developed with the intention of reducing recidivism and obtaining better outcomes for participants selected from the particular populations served by each court. Efforts to improve the public good have produced a reimagining of the justice system with…

  3. Juvenile Court Statistics - 1972.

    ERIC Educational Resources Information Center

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

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

  4. Juvenile Court Statistics, 1974.

    ERIC Educational Resources Information Center

    Corbett, Jacqueline; Vereb, Thomas S.

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

  5. Carney v Newton: expert evidence about the standard of clinical notes.

    PubMed

    Faunce, Thomas; Hammer, Ingrid; Jefferys, Susannah

    2007-12-01

    In Carney v Newton [2006] TASSC 4 the Tasmanian Supreme Court heard a claim that the defendant breached his duty of care by failing to properly diagnose and treat a node positive carcinoma in the plaintiff's breast tissue. At trial, argument turned on the actual dialogue that took place during the initial consultation, with significant reliance on the clinical notes of the defendant. The court gave considerable weight to "expert" witnesses in ascertaining the acceptability of the defendant's conduct concerning the maintenance and interpretation of his clinical notes. This raises important questions in relation to proof of quality of medical records as part of the current professional standard of care, as modified by recent legislation in most jurisdictions.

  6. Scientific profile and professional responsibility of Court-appointed Medical Technical Consultants in Italy: time for a specific educational curriculum?

    PubMed

    Conti, Andrea Alberto

    2014-08-20

    Court-appointed Technical Consultants (CTCs) are fundamental figures in the Italian judicial system. CTCs are experts appointed by judges in order to supplement their activities by ascertaining, collecting and analyzing facts concerning the specific subject of a lawsuit. These experts formulate opinions, gather motivations and perform checks to provide clear, objective and irrefutable answers to the questions posed by judges. With direct reference to the medical field, while police doctors (specialists in forensic medicine) follow an academic, dedicated, well-structured educational curriculum, the University specialty school in Forensic Medicine, other medical CTCs, though not infrequently luminaries with one or many medical specialties and professional acknowledgments, may have no specific legal-medicine and juridical expertise, precisely because a similar expertise is not formally required of them. In the light of these considerations, in Italy some professionals of the legal world, and of the health context too, have proposed for medical CTCs targeted educational pathways, which would provide these experts with formal specific qualifications. In synthesis and in conclusion, a full knowledge and a rigorous respect of the rules of legal proceedings emerge as increasingly important characteristics for current and future Court-appointed Technical Consultants, together with a specific educational curriculum.

  7. Court Calendars - Alaska Court System

    Science.gov Websites

    court buildings. Appellate Oral Argument Calendars Anchorage Angoon Aniak Bethel Cordova Delta Junction (updates every 3 hours) Delta Junction By Time By Time (updates every 3 hours) Dillingham By Judge By Party

  8. 45 CFR 303.73 - Applications to use the courts of the United States to enforce court orders.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 45 Public Welfare 2 2010-10-01 2010-10-01 false Applications to use the courts of the United... Applications to use the courts of the United States to enforce court orders. The IV-D agency may apply to the Secretary for permission to use a United States district court to enforce a support order of a court of...

  9. Law Library - Alaska Court System

    Science.gov Websites

    , Federal Info, US Supreme Court, State Links, 9th Circuit Links Library Databases & eBooks WestlawNext state agencies Alaska Supreme Court briefs (1960-current) Alaska Court of Appeals briefs (1980-current

  10. The impact of strategic funding by the tobacco industry of medical expert witnesses appearing for the defence in the Aho Finnish product liability case.

    PubMed

    Hiilamo, Heikki T

    2007-06-01

    To identify and evaluate tobacco industry strategies to recruit medical expert witnesses. A systematic search was made of internal tobacco industry documents available on the Internet and at British American Tobacco Guildford Depository. Litigation by a plaintiff with laryngeal cancer against the tobacco industry in Finland was used as a case study of tobacco industry strategies to manipulate science and its use and deployment in defending a product liability claim. Thirty-three of 45 medical expert witnesses for the defence received research funding before or after testifying. One strategy was to employ those scientists as witnesses with whom the industry had worked since the 1960s. The older witnesses testified to the existence of a controversy which they had, in fact, helped to create. Those appearing in Helsinki District court apparently downplayed the importance of their involvement with the industry. Another strategy was the use of research funding to establish contacts with new potential witnesses, to strengthen existing contacts or to pay back helpful experts. The tobacco industry funded the majority of expert witnesses appearing for it, beyond simple recompense for the time involved. This may have unconsciously influenced the testimony given by the witnesses. This funding should be considered in court, but links between experts and the industry were often downplayed or, in some cases, the financial ties were being forged at the time and were not revealed. It would be helpful to establish norms to guide courts to understand the influences exerted by the tobacco industry in the preparation of cases requiring expert evidence.

  11. Attorney Argumentation and Supreme Court Opinions.

    ERIC Educational Resources Information Center

    Benoit, William L.

    1989-01-01

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

  12. Supreme Court Review

    ERIC Educational Resources Information Center

    Hawke, Catherine

    2011-01-01

    Many commentators have noted that the 2010 Supreme Court term was without the "fireworks" of recent years and, therefore, this year the Court garnered limited media attention and national interest. Contributing to this limited attention was the fact that the term ended with no retirements or looming confirmation battles. In addition, the term's…

  13. 25 CFR 11.912 - Contempt of court.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  14. 25 CFR 11.908 - Court records.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  15. Supreme Court Review

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2008-01-01

    This article looks at various cases of the Supreme Court's most recent term. In contrast to the 2006-2007 term when the Supreme Court was regularly split 5-4, during this last term, the justices have formed surprising coalitions in cases considered highly controversial. For example, it was the so-called liberal bloc's Justice Stevens who wrote the…

  16. Enhancing the Value of Expert Assistance in Pro Se Competence Determinations.

    PubMed

    Fitch, W Lawrence

    2016-12-01

    Forensic mental health practitioners are comfortable assessing criminal defendants' competence to stand trial. They have a long history of making such assessments and a large body of research and scholarship to guide them. In recent years, however, the courts have drawn a distinction between general trial competence (i.e., competence while represented by counsel) and competence to proceed pro se (i.e., competence without counsel). The seminal case on point is Indiana v. Edwards (554 U.S. 164 (2008)). In Edwards, the Court found that general trial competence may provide an inadequate measure of pro se competence. Recognizing the profession's need for direction in making the more particularized assessment called for in pro se cases, White and Gutheil offer a new "Model for Assessing Defendant Competence to Self-Represent." Neatly tied to the elements of pro se competence, discussed in Edwards, and envisioning a fresh new role for experts, consistent with the Court's reasoning, the model provides a valuable resource for forensic practitioners. © 2016 American Academy of Psychiatry and the Law.

  17. The Supreme Court: 1995. Special Edition! Summary of Supreme Court Year.

    ERIC Educational Resources Information Center

    Fenske, Kenneth F., Ed.

    1996-01-01

    This special issue is intended to help teachers educate students about today's important U.S. Supreme Court and other judicial decisions, the legal issues they involve, and their impact on students' lives. The issue focuses upon the 1995 term of the Supreme Court and the tendency for the justices to vote unanimously. An overview of the cases and…

  18. Testing Student Court Powers.

    ERIC Educational Resources Information Center

    Paraschos, Manny

    1978-01-01

    After student court justices at the University of Arkansas at Little Rock closed their deliberations to the student press, an attorney general reviewed the incident and decided that student court meetings fall under the Freedom of Information Act. (GT)

  19. Survey of DWI Courts.

    DOT National Transportation Integrated Search

    2016-06-01

    DWI Courts are a relatively new approach to combatting alcohol-impaired driving that borrows from the Drug Court Model and is directed at repeat DWI offenders and offenders having high blood alcohol concentrations at time of arrest. They attack the s...

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

    ERIC Educational Resources Information Center

    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.…

  1. Genetics in the courts

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Coyle, Heather; Drell, Dan

    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

  2. Being an expert witness in geomorphology

    NASA Astrophysics Data System (ADS)

    Keller, Edward A.

    2015-02-01

    Gathering your own data and coming to your own conclusion through scientific research and discovery is the most important principle to remember when being an expert witness in geomorphology. You can only be questioned in deposition and trial in your area of expertise. You are qualified as an expert by education, knowledge, and experience. You will have absolutely nothing to fear from cross-examination if you are prepared and confident about your work. Being an expert witness requires good communication skills. When you make a presentation, speak clearly and avoid jargon, especially when addressing a jury. Keep in mind that when you take on a case that may eventually go to court as a lawsuit, the entire process, with appeals and so forth, can take several years. Therefore, being an expert may become a long-term commitment of your time and energy. You may be hired by either side in a dispute, but your job is the same - determine the scientific basis of the case and explain your scientific reasoning to the lawyers, the judge, and the jury. Your work, including pre-trial investigations, often determines what the case will be based on. The use of science in the discovery part of an investigation is demonstrated from a California case involving the Ventura River, where building of a flood control levee restricted flow to a narrower channel, increasing unit stream power as well as potential for bank erosion and landsliding.

  3. Survey of DWI courts : traffic tech.

    DOT National Transportation Integrated Search

    2016-06-01

    DWI Courts are a relatively new approach to combatting : alcohol-impaired driving that borrows from the Drug Court : Model and is directed at repeat DWI offenders and offenders : having high BACs at time of arrest. These court programs : attack the s...

  4. [Characteristics of murder and attempted murder in Cameroon. Study based on expert psychiatric court reports].

    PubMed

    Mbassa Menick, D

    2009-06-01

    The purpose of this study was to describe the sociodemographic, psychopathologic and criminological features associated with homicide based on review of expert psychiatric court reports describing murder and attempted murder perpetrators examined at Jamot Hospital in Yaoundé, Cameroon. The study cohort comprised reports describing 12 offenders who were examined at the request of ajudge or public prosecutor from March 1, 2002 to July 31, 2006. There were 8 men (66.7%) and 4 women (33.3%) with a mean age of 18.3 years (range, 17 to 43 years). In 8 cases the criminal act coincided with a difficult period in the offender's life. In the remaining 4 cases the act could not be linked to a specific life event. Assaults were carried out by strangulation, battery, or stabbing (knifes or machetes) in 87.5% of cases and occurred at the victim's home in 68.8% of cases. The main mental disorders diagnosed using the ICD-10 classification were schizophrenia in 41.7% of cases (n = 5), chronic delirium in 25.0% (n = 3), and personality disorder in 8.3 % (n = 1). Nine offenders (75.0%) had a history of mental disorder including 8 within at least six months preceding the assault. Four offenders had already received psychiatric treatment including 2 who required hospitalization following one or more episodes of psychotic decompensation. There were a total of 16 victims including 14 that died and 2 that were seriously wounded but survived thanks to prompt medical attention. The victims included 8 males and 8 females with 11 children (68.7%) and 5 adults (31.3%). In the child group 9 victims died (81.8%) and 2 survived (18.2%). Except one 17-year-old teenager, the 6 female and 3 male child victims were between the ages of 18 months and 8 years. The adult victims included 1 female and 4 males. The main findings of this study were the high incidence of mental disease, especially schizophrenics (66.7%), associated with homicide and the high number of child victims (62.5%). The first

  5. Enhancing Drug Court Success

    ERIC Educational Resources Information Center

    Deschenes, Elizabeth Piper; Ireland, Connie; Kleinpeter, Christine B.

    2009-01-01

    This study evaluates the impact of enhanced drug court services in a large county in Southern California. These enhanced services, including specialty counseling groups, educational/employment resources, and increased Residential Treatment (RT) beds, were designed to increase program retention and successful completion (graduation) of drug court.…

  6. Court Interpretation: The Need for a Certification Process.

    ERIC Educational Resources Information Center

    Barnwell, David

    A discussion of the role of court interpreters looks at the need for competent interpreters, the kinds and demands of court interpretation, and New Jersey's leadership in recognizing the necessity for court interpretation. Demographic and legal reasons for providing interpreters in today's courts are outlined. Three court interpreting functions…

  7. The U.S. Supreme Court's Philadelphia Decade.

    ERIC Educational Resources Information Center

    Stivison, David V.

    Before Washington, D.C. became the permanent home of the United States Supreme Court, first New York and then Philadelphia hosted its meetings. From 1791 to 1801 the Court met in Philadelphia. This paper reviews the highlights of the Court's cases during this formative decade. Among the most important developments in the Court's jurisprudence at…

  8. The Courts and the News Media.

    ERIC Educational Resources Information Center

    Pickerell, Albert G.; Lipman, Michel

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

  9. The Court in the Homeric Epos

    ERIC Educational Resources Information Center

    Loginov, Alexandr

    2016-01-01

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

  10. Trial Courts in the Judicial Process.

    ERIC Educational Resources Information Center

    McKnight, R. Neal

    1981-01-01

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

  11. The Courts as Educational Policy Makers.

    ERIC Educational Resources Information Center

    Maready, William F.

    This report discusses the expanding role of Federal judges as educational policymakers. The report discusses court decisions related to interpretations by the Federal Courts of the U.S. Constitution. The report notes that court decisions have covered the following topics: dress codes, flying of the flag, freedom of speech, unwed mothers,…

  12. Firesetting, arson, pyromania, and the forensic mental health expert.

    PubMed

    Burton, Paul R S; McNiel, Dale E; Binder, Renée L

    2012-01-01

    Firesetting is a common behavior that is frequently encountered by forensic mental health experts when consulting on criminal and civil legal cases. Despite its prevalence, minimal attention has been paid in the literature to conducting firesetting-related forensic evaluations. In this article, we discuss the differences in the behavior of firesetting, the crime of arson, and the diagnosis of pyromania. The literature on adult firesetter characteristics, classification systems, recidivism, and treatment is reviewed. Several types of common criminal and civil firesetting-related evaluations referred to forensic mental health experts are discussed, along with case examples illustrating how the courts have approached such assessments. To our knowledge, this article is the first in 20 years to address firesetting-related forensic evaluations within the psychiatry literature. It also represents the first comprehensive discussion of civil evaluations related to firesetting.

  13. 48 CFR 1652.204-72 - Filing health benefit claims/court review of disputed claims.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... AND FORMS CONTRACT CLAUSES Texts of FEHBP Clauses 1652.204-72 Filing health benefit claims/court... time of its original decision. (g) Court review. (1) A suit to compel enrollment under § 890.102 of... enrollment decision. (2) A suit to review the legality of OPM's regulations under this part must be brought...

  14. The readability of expert reports for non-scientist report-users: reports of DNA analysis.

    PubMed

    Howes, Loene M; Julian, Roberta; Kelty, Sally F; Kemp, Nenagh; Kirkbride, K Paul

    2014-04-01

    DNA evidence can be extremely compelling. With ongoing scientific advances and applications of DNA evidence in the criminal justice system, it is increasingly important that police, lawyers, and judges recognise both the limitations of DNA evidence and the strength of the evidence in particular cases. Because most forensic sciences are formally communicated via expert reports, we analysed the readability of 68 such reports of DNA evidence from 6 of 8 Australian jurisdictions. We conducted content analyses using three categories: content and sequence, language, and format. Categories contained qualitative and quantitative items drawn from theory and past research. Report styles differed by jurisdiction and by main audience - police and the courts. Reports for police were brief and few links were made between sections in these reports. Reports for courts were less brief and used either legal or scientific styles. Common sections in reports for courts included: the scientist's specialised knowledge; laboratory accreditation information; item list; results; and notes on interpretation. Sections were often not in a logical sequence, due to the use of appendices. According to Flesch Reading Ease scores, reports for police had language that was fairly difficult, and reports for courts, difficult. Difficulty was compounded by the use of specialist terms. Reports for police and the appendices of reports for court often used very small font and single line spacing. Many reports for court contained tables that spanned several pages. Suggestions based on theory and past research are provided to assist scientists to enhance the readability of reports for non-scientists. Copyright © 2014 Elsevier Ireland Ltd. All rights reserved.

  15. Court Reporting: A Career with Choices

    ERIC Educational Resources Information Center

    Techniques: Connecting Education and Careers, 2004

    2004-01-01

    The court reporting profession has been around for a long time, and the opportunities for these highly trained professionals continue to grow. While most think of a court reporter as the person who reports legal proceedings in the courtroom, there are many other fields that require the expertise of a court reporter. Besides CART (computer-aided…

  16. Who Establishes the Presence of a Mental Disorder in Defendants? Medicolegal Considerations on a European Court of Human Rights Case.

    PubMed

    Kooijmans, Tijs; Meynen, Gerben

    2017-01-01

    Legal insanity is a peculiar element of criminal law, because it brings together two very different disciplines: psychiatry and psychology on the one hand and the law on the other. One of the basic questions regarding evaluations of defendants concerns the question of who should establish "true mental disorder," the judge or the behavioral expert? This question is complicated, and in this contribution it will be explored based on a Dutch case that was eventually decided by the European Court of Human Rights (ECtHR). We will argue that the ECtHR provides a valuable legal framework. Based on its merits, the framework could also be of interest to countries outside the Court's jurisdiction.

  17. Intervention of the Courts in School Finance.

    ERIC Educational Resources Information Center

    Hack, Walter G.

    1978-01-01

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

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

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2002-01-01

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

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

    ERIC Educational Resources Information Center

    Hawkins, Paul Henry

    2010-01-01

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

  20. Drug Court Effectiveness: A Matched Cohort Study in the Dane County Drug Treatment Court

    ERIC Educational Resources Information Center

    Brown, Randall

    2011-01-01

    Drug treatment courts (DTCs) are widely viewed as effective diversion programs for drug-involved offenders; however, previous studies frequently used flawed comparison groups. In the current study, the author compared rates of recidivism for drug court participants to rates for a traditionally adjudicated comparison group matched on potentially…

  1. Unfitness to stand trial decision-making in the extraordinary Chambers in the Courts of Cambodia.

    PubMed

    Freckelton, Ian; Karagiannakis, Magda

    2014-06-01

    In the small number of trials for matters such as genocide and crimes against humanity that have taken place before the Extraordinary Chambers in the Courts of Cambodia, by 2014 three occasions had arisen in which the fitness of the accused persons to participate in their trials had become contentious. This is hardly surprising given that the key period of Khmer Rouge government occurred a very long while ago--between 1975 and 1979. The accused persons are all aged. In two instances, the Trial Chamber of the Courts of its own motion sought expert evaluations of the accused persons' fitness to stand trial and, promptly, upon receipt of such reports, determined them to be fit by reference to criteria utilised by the Appeal Chamber of the International Criminal Court for the Former Yugoslavia (the ICTY). In the other instance an accused person, leng Thirith, was found unfit to stand trial and a range of important issues was traversed as to the measures that can properly be taken to try to render a person fit for trial and how legitimate the imposition of detention for that purpose is, and then how legitimate encroachments on a person's civil liberties are to monitor them if there is only a remote possibility that their mental state might improve. It is likely that the balance adopted by the Supreme Court Chamber in the Courts of Cambodia in making significant efforts to render an accused person fit for trial and then in continuing to monitor their mental state when such efforts do not bear fruit, instead of simply releasing them back into the community, will stand as an important precedent for future occasions under international criminal law when issues of fitness to stand trial and how they should be handled arise.

  2. The Supreme Court on Privacy and the Press.

    ERIC Educational Resources Information Center

    Lee, William E.

    This paper examines several United States Supreme Court decisions to evaluate the Court's stance on an individual's right to privacy when that right conflicts with the press right to freedom of expression. Particular attention is paid to the Court's "Rosenbloom" and "Gertz" decisions. The paper concludes that the Supreme Court is trying to…

  3. Abused and neglected children in court: knowledge and attitudes.

    PubMed

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

    2010-09-01

    After maltreated children are taken into protective custody, dependency courts determine the children's placements. Many, if not most, maltreated children never attend their dependency court hearings. We had the rare opportunity to interview children in a jurisdiction where children regularly attend their detention hearings in dependency court. Our main goals were to assess maltreated children's knowledge and attitudes about their court experiences and identify predictors thereof. We also examined if the maltreated children desired greater participation in dependency court decisions. Immediately after attending their dependency court hearings, 7- to 10-year-olds were interviewed about their knowledge of, attitudes concerning, and participation in dependency court. Information was also extracted from the children's dependency court files. Lack of understanding and negative attitudes were common. Age predicted court knowledge, and age, anxiety, court knowledge, abuse type, and criminal court referral predicted attitudes. Qualitative findings included that a substantial minority of children did not feel believed or listened to, and most children wanted to return home. This research is relevant to current debates about the extent to which children should be involved in legal decisions. The results suggest that maltreated children may profit from greater understanding of dependency court. Moreover, the findings indicate that children often wish to have greater influence in dependency court decisions. Professionals should consider providing children involved in dependency court hearings with age-appropriate information about the legal proceedings. Children may also benefit in dependency hearings from the opportunity, directly or indirectly (through their attorneys), to give voice to their wishes and needs. Copyright © 2010 Elsevier Ltd. All rights reserved.

  4. Massachusetts high court supports use of civil rights law to bar blockades.

    PubMed

    1994-04-15

    In a 4-3 opinion issued on April 11, the Supreme Judicial Court of the Commonwealth of Massachusetts affirmed a lower court order preventing anti-choice activists from blocking access to a facility providing abortion counseling or services. Granted under the Massachusetts Civil Rights Act, the injunction also prohibits using force against anyone entering, leaving, or working at such a location (see RFN II/22). Several health care providers and pro-choice organizations obtained a preliminary injunction in 1989 against trespassing or blockading at specific clinics. The following year, the Commonwealth of Massachusetts intervened in the case and was granted a similar statewide order by Superior Court Judge Peter Lauriat. Upholding application of the civil rights statute in this context, the Massachusetts Supreme Judicial Court found that the trial court "properly concluded that the defendants' conduct constituted threats, intimidation, and coercion" of women seeking to exercise their constitutional right to choose abortion. Moreover, the state High Court held that the trial court "did not abuse its discretion in denying disclosure of the identities of the women affected by the defendants' conduct." Anti-choice activists had claimed they needed to question patients to show that blockades--not threats, intimidation, or coercion--caused them to delay their abortion procedures. Congratulations to John Henn of Foley, Hoag and Eliot of Boston, who represented plaintiffs in Planned Parenthood League of Massachusetts v. Blake. CRLP's Janet Benshoof, Catherine Albisa, and Priscilla Smith filed an amicus brief in the case (see RFN II/22). full text

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

    PubMed

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

    2016-01-01

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

  6. 25 CFR 11.901 - The children's court established.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 25 Indians 1 2012-04-01 2011-04-01 true The children's court established. 11.901 Section 11.901... LAW AND ORDER CODE Children's Court § 11.901 The children's court established. When conducting proceedings under §§ 11.900-11.1114 of this part, the Court of Indian Offenses shall be known as the “Children...

  7. 25 CFR 11.901 - The children's court established.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 25 Indians 1 2011-04-01 2011-04-01 false The children's court established. 11.901 Section 11.901... LAW AND ORDER CODE Children's Court § 11.901 The children's court established. When conducting proceedings under §§ 11.900-11.1114 of this part, the Court of Indian Offenses shall be known as the “Children...

  8. 25 CFR 11.901 - The children's court established.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 25 Indians 1 2014-04-01 2014-04-01 false The children's court established. 11.901 Section 11.901... LAW AND ORDER CODE Children's Court § 11.901 The children's court established. When conducting proceedings under §§ 11.900-11.1114 of this part, the Court of Indian Offenses shall be known as the “Children...

  9. 25 CFR 11.901 - The children's court established.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false The children's court established. 11.901 Section 11.901... LAW AND ORDER CODE Children's Court § 11.901 The children's court established. When conducting proceedings under §§ 11.900-11.1114 of this part, the Court of Indian Offenses shall be known as the “Children...

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

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 25 Indians 1 2013-04-01 2013-04-01 false The children's court established. 11.901 Section 11.901... LAW AND ORDER CODE Children's Court § 11.901 The children's court established. When conducting proceedings under §§ 11.900-11.1114 of this part, the Court of Indian Offenses shall be known as the “Children...

  11. On the "general acceptance" of eyewitness testimony research. A new survey of the experts.

    PubMed

    Kassin, S M; Tubb, V A; Hosch, H M; Memon, A

    2001-05-01

    In light of recent advances, this study updated a prior survey of eyewitness experts (S. M. Kassin, P. C. Ellsworth, & V. L. Smith, 1989). Sixty-four psychologists were asked about their courtroom experiences and opinions on 30 eyewitness phenomena. By an agreement rate of at least 80%, there was a strong consensus that the following phenomena are sufficiently reliable to present in court: the wording of questions, lineup instructions, confidence malleability, mug-shot-induced bias, postevent information, child witness suggestibility, attitudes and expectations, hypnotic suggestibility, alcoholic intoxication, the crossrace bias, weapon focus, the accuracy-confidence correlation, the forgetting curve, exposure time, presentation format, and unconscious transference. Results also indicate that these experts set high standards before agreeing to testify. Despite limitations, these results should help to shape expert testimony so that it more accurately represents opinions in the scientific community.

  12. 28 CFR 51.18 - Court-ordered changes.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... SECTION 5 OF THE VOTING RIGHTS ACT OF 1965, AS AMENDED General Provisions § 51.18 Court-ordered changes. (a) In general. Changes affecting voting that are ordered by a Federal court are subject to the... subject to preclearance. For example, voting precinct and polling place changes made necessary by a court...

  13. The presentation of expert testimony via live audio-visual communication.

    PubMed

    Miller, R D

    1991-01-01

    As part of a national effort to improve efficiency in court procedures, the American Bar Association has recommended, on the basis of a number of pilot studies, increased use of current audio-visual technology, such as telephone and live video communication, to eliminate delays caused by unavailability of participants in both civil and criminal procedures. Although these recommendations were made to facilitate court proceedings, and for the convenience of attorneys and judges, they also have the potential to save significant time for clinical expert witnesses as well. The author reviews the studies of telephone testimony that were done by the American Bar Association and other legal research groups, as well as the experience in one state forensic evaluation and treatment center. He also reviewed the case law on the issue of remote testimony. He then presents data from a national survey of state attorneys general concerning the admissibility of testimony via audio-visual means, including video depositions. Finally, he concludes that the option to testify by telephone provides a significant savings in precious clinical time for forensic clinicians in public facilities, and urges that such clinicians work actively to convince courts and/or legislatures in states that do not permit such testimony (currently the majority), to consider accepting it, to improve the effective use of scarce clinical resources in public facilities.

  14. The expert witness: defending the profession or prosecuting your peers.

    PubMed

    Haas, R E; Bradshaw, M J

    1999-05-01

    The use of CRNAs as expert witnesses in court cases is well-established. The CRNA who acts as a legal consultant or an expert witness is not retained merely to pontificate in the courtroom based on their considerable experience and expertise. The CRNA will undertake many roles in the process of assisting the attorney including those of (1) record reviewer and data analyst, (2) researcher and retriever, (3) synthesizer, and (4) teacher. Beyond these roles is the philosophical premise that the person best suited to evaluate the competence of a nurse anesthetist is another nurse anesthetist. Poor practitioners who are a danger to the public ought to be held accountable for their failings, whereas excellent practitioners who are mistakenly accused of negligence ought to be defended. Although challenging and time consuming, the role of the legal consultant and expert witness is rewarding in both financial and personal satisfaction terms. The role and functions of the CRNA who takes on the challenges of appearing as an expert witness or legal consultant is explored. The fine points of medical malpractice is not discussed, except as a cursory overview. The goal is to provide the practicing CRNA with the basic tools needed for these roles.

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

    PubMed Central

    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

  16. 39 CFR 230.23 - May an Office of Inspector General employee testify as an expert or opinion witness?

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false May an Office of Inspector General employee testify as an expert or opinion witness? 230.23 Section 230.23 Postal Service UNITED STATES POSTAL SERVICE ORGANIZATION AND ADMINISTRATION OFFICE OF INSPECTOR GENERAL Rules Governing Compliance With Subpoenas, Summonses, and Court Orders by Postal...

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

    PubMed

    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.

  18. Text mining and natural language processing approaches for automatic categorization of lay requests to web-based expert forums.

    PubMed

    Himmel, Wolfgang; Reincke, Ulrich; Michelmann, Hans Wilhelm

    2009-07-22

    Both healthy and sick people increasingly use electronic media to obtain medical information and advice. For example, Internet users may send requests to Web-based expert forums, or so-called "ask the doctor" services. To automatically classify lay requests to an Internet medical expert forum using a combination of different text-mining strategies. We first manually classified a sample of 988 requests directed to a involuntary childlessness forum on the German website "Rund ums Baby" ("Everything about Babies") into one or more of 38 categories belonging to two dimensions ("subject matter" and "expectations"). After creating start and synonym lists, we calculated the average Cramer's V statistic for the association of each word with each category. We also used principle component analysis and singular value decomposition as further text-mining strategies. With these measures we trained regression models and determined, on the basis of best regression models, for any request the probability of belonging to each of the 38 different categories, with a cutoff of 50%. Recall and precision of a test sample were calculated as a measure of quality for the automatic classification. According to the manual classification of 988 documents, 102 (10%) documents fell into the category "in vitro fertilization (IVF)," 81 (8%) into the category "ovulation," 79 (8%) into "cycle," and 57 (6%) into "semen analysis." These were the four most frequent categories in the subject matter dimension (consisting of 32 categories). The expectation dimension comprised six categories; we classified 533 documents (54%) as "general information" and 351 (36%) as a wish for "treatment recommendations." The generation of indicator variables based on the chi-square analysis and Cramer's V proved to be the best approach for automatic classification in about half of the categories. In combination with the two other approaches, 100% precision and 100% recall were realized in 18 (47%) out of the 38

  19. Guide to Alabama Court Procedures.

    ERIC Educational Resources Information Center

    Alabama Administrative Office of Courts, Montgomery.

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

  20. Supreme Court Term in Review

    ERIC Educational Resources Information Center

    Hawke, Catherine

    2012-01-01

    One can't have a meaningful discussion about the 2011-2012 U.S. Supreme Court term without mentioning the historic health care challenge. However, even without that headliner, the term was jam-packed with interesting twists and turns. In addition to health care, the Court confronted a number of hot-button issues, including: immigration, the rights…

  1. Court decisions on medical malpractice.

    PubMed

    Knaak, Jan-Paul; Parzeller, Markus

    2014-11-01

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

  2. Forensic psychiatric expert witnessing within the criminal justice system in Germany.

    PubMed

    Konrad, Norbert; Völlm, Birgit

    2014-01-01

    In recent years, the number of occupied beds in German forensic-psychiatric hospitals has continued to rise. Diversion refers to the removal of offenders from the criminal justice system at any stage of the procedure and court proceedings. There are no specific diversion programs in Germany but diversion does in fact happen via legal regulations that are based on the construct of legal responsibility. The assessments of responsibility as well as risk are the core tasks of forensic-psychiatric expert witnessing in Germany. Recommendations of an interdisciplinary working group serve as a guide to operationalize this forensic-psychiatric task. These recommendations list formal minimum requirements for expert reports on the question of criminal responsibility and risk assessment as well as minimum standards regarding content and in writing the report. Copyright © 2013 Elsevier Ltd. All rights reserved.

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

    DTIC Science & Technology

    2006-09-26

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

  4. Court orders on procreation.

    PubMed

    Matevosyan, Naira R

    2016-01-01

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

  5. Clara Harrison Town and the origins of the first institutional commitment law for the "feebleminded": psychologists as expert diagnosticians.

    PubMed

    Farreras, Ingrid G

    2014-11-01

    The first law providing for the commitment of "feeble-minded" individuals in the United States was passed in 1915, in the state of Illinois. House Bill 655 not only allowed for the permanent, involuntary institutionalization of feeble-minded individuals, but it shifted the commitment and discharge authority from the institution superintendents to the courts. Clara Harrison Town, a student of Lightner Witmer, and the state psychologist at the second largest institution for feeble-minded individuals in the country, was instrumental in this law passing and in ensuring that psychologists, for the first time, be viewed as court "experts" when testifying as to the feeble mindedness of individuals.

  6. Should Courts Write Your Job Descriptions?

    ERIC Educational Resources Information Center

    Wendt, George R.

    1976-01-01

    Some relationships of the Equal Pay Act and the court practice of writing job descriptions and making evaluations are examined with the aim of suggesting ways to eliminate court involvement in the average personnel or industrial engineering department. (TA)

  7. International Criminal Court Cases in Africa: Status and Policy Issues

    DTIC Science & Technology

    2009-07-14

    court, such as the one established for Sierra Leone.31 These courts and tribunals are distinct from the ICC. International Court of Justice The...African International Courts and Tribunals” website, at http://www.aict-cita.org. 31 The Special Court for Sierra Leone (SCSL), a hybrid international...domestic court based in Sierra Leone’s capital, Freetown, was set up jointly by the Government of Sierra Leone and the United Nations under Security

  8. Speech Cases Turned Aside by High Court

    ERIC Educational Resources Information Center

    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…

  9. Nine Men Plus. Supreme Court Opinions on Free Speech and Free Press. An Academic Game Simulation.

    ERIC Educational Resources Information Center

    Gorden, William I.

    The format of this text is dialogue--dialogue which involves formulating answers to knotty kinds of questions about free speech and free press which have worked their way to the Supreme Court. But it is a test meant to be played rather than read. Small groups within a classroom can simulate the Court's decision making process after minimal…

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

    PubMed

    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.

  11. [Rethinking criminal responsibility: practical application of operational diagnosis and gnostic into expert testimony].

    PubMed

    Okada, Takayuki

    2005-01-01

    There had been argument concerning the difference between the agnostic approach and the gnostic approach to the psychiatric perspective of criminal responsibility until the landmark ruling by the 3rd court of the Japanese Supreme Court in 1984. The decision upheld the gnostic approach and affirmed that the defendant's criminal responsibility should be based on such factors as psychopathology, motive, modus operandi, situation surrounding the crime, and pre-morbid personality, as long as the offense was not directly motivated by the delusion or hallucination. The gnostic explanation includes so many various factors that the psychiatric testimony cannot easily be objective, while agnostic experts can find a conclusion about criminal responsibility only by psychiatric diagnosis. To establish a standard, the authors summarized the means of determination of criminal responsibility. The authors also discussed various topics related to criminal responsibility including Asperger's syndrome, illicit drug intoxication, and prescribed drug intoxication.

  12. 29 CFR 1608.8 - Adherence to court order.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... United States District Court or other court of competent jurisdiction, whether entered by consent or after contested litigation, in a case brought to enforce a Federal, State, or local equal employment... taken pursuant to the direction of a Court Order cannot give rise to liability under title VII. ...

  13. 29 CFR 1608.8 - Adherence to court order.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... United States District Court or other court of competent jurisdiction, whether entered by consent or after contested litigation, in a case brought to enforce a Federal, State, or local equal employment... taken pursuant to the direction of a Court Order cannot give rise to liability under title VII. ...

  14. Bartling v. Superior Court.

    PubMed

    1984-12-27

    The California Court of Appeal ruled that a competent adult patient, with diseases that are incurable but not yet diagnosed as terminal, may request withdrawal of life-support equipment despite the fact that withdrawal of such devices would result in death. The right of an adult of sound mind to refuse medical treatment outweighs the state's interest in preserving life, preventing suicide, and maintaining the ethical integrity of the medical profession. The physicians and the hospital may follow the patient's instructions without fear of liability and without prior court approval.

  15. 28 CFR 51.18 - Federal court-ordered changes.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... OF SECTION 5 OF THE VOTING RIGHTS ACT OF 1965, AS AMENDED General Provisions § 51.18 Federal court-ordered changes. (a) In general. Changes affecting voting for which approval by a Federal court is... preclearance. For example, voting precinct and polling changes made necessary by a court-ordered redistricting...

  16. Health courts: an alternative to traditional tort law.

    PubMed

    Miller, Lisa A

    2011-01-01

    The current adversarial tort-based system of adjudicating malpractice claims is flawed. Alternate methods of compensation for birth injuries related to oxygen deprivation or mechanical injury are being utilized in Virginia and Florida. Although utilization of both of these schemes is limited, and they are not without problems in application, both have been successful in reducing the number of malpractice claims in the tort system and in reducing malpractice premiums. While the Florida and Virginia programs are primarily focused on compensation, other models outside the US focus include compensation as well as enhanced dispute resolution and potential for clinical practice change through peer review. Experts in the fields of law and public policy in the United States have evaluated a variety of approaches and have proposed models for administrative health courts that would provide both compensation and dispute resolution for medical and nursing malpractice claims. These alternative models are based on transparency and disclosure, with just compensation for injuries, and opportunities for improvements in patient safety.

  17. Text Mining and Natural Language Processing Approaches for Automatic Categorization of Lay Requests to Web-Based Expert Forums

    PubMed Central

    Reincke, Ulrich; Michelmann, Hans Wilhelm

    2009-01-01

    Background Both healthy and sick people increasingly use electronic media to obtain medical information and advice. For example, Internet users may send requests to Web-based expert forums, or so-called “ask the doctor” services. Objective To automatically classify lay requests to an Internet medical expert forum using a combination of different text-mining strategies. Methods We first manually classified a sample of 988 requests directed to a involuntary childlessness forum on the German website “Rund ums Baby” (“Everything about Babies”) into one or more of 38 categories belonging to two dimensions (“subject matter” and “expectations”). After creating start and synonym lists, we calculated the average Cramer’s V statistic for the association of each word with each category. We also used principle component analysis and singular value decomposition as further text-mining strategies. With these measures we trained regression models and determined, on the basis of best regression models, for any request the probability of belonging to each of the 38 different categories, with a cutoff of 50%. Recall and precision of a test sample were calculated as a measure of quality for the automatic classification. Results According to the manual classification of 988 documents, 102 (10%) documents fell into the category “in vitro fertilization (IVF),” 81 (8%) into the category “ovulation,” 79 (8%) into “cycle,” and 57 (6%) into “semen analysis.” These were the four most frequent categories in the subject matter dimension (consisting of 32 categories). The expectation dimension comprised six categories; we classified 533 documents (54%) as “general information” and 351 (36%) as a wish for “treatment recommendations.” The generation of indicator variables based on the chi-square analysis and Cramer’s V proved to be the best approach for automatic classification in about half of the categories. In combination with the two other

  18. Brief History of Moot Court: Britain and U.S.

    ERIC Educational Resources Information Center

    Rachid, Mohamed; Knerr, Charles R.

    This document presents a history of moot court, defined as a mock court where hypothetical cases are tried for the training of law students. The first recorded reference to a moot court was in the year 997, and moots were common at the Inns of Court and Chancery in 14th century England. In 18th century England there were 4 greater Inns of Court…

  19. 28 CFR 902.7 - Court action.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Court action. 902.7 Section 902.7 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL DISPUTE ADJUDICATION PROCEDURES § 902.7 Court action. Pursuant to Section (c) of Article XI of the Compact, a decision by the...

  20. Leading Court Decision Pertinent to Public School Desegregation.

    ERIC Educational Resources Information Center

    Congress of the U.S., Washington, DC. House Committee on the Judiciary.

    This document comprises eight federal court decisions pertinent to public school desegregation: (1) "Brown v. Board of Education," 347 U.S. 483 (1954); Mr. Chief Justice Warren delivered the opinion of the Supreme Court; (2) "Bolling v. Sharpe," 374 U.S. 497 (1954); Mr. Chief Justice Warren delivered the opinion of the Supreme Court; (3) "Brown v.…

  1. 27 CFR 555.80 - Court review.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false Court review. 555.80... EXPLOSIVES, DEPARTMENT OF JUSTICE EXPLOSIVES COMMERCE IN EXPLOSIVES License and Permit Proceedings § 555.80 Court review. An applicant, licensee, or permittee may, within 60 days after receipt of the decision of...

  2. 46 CFR 327.8 - Court action.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 46 Shipping 8 2010-10-01 2010-10-01 false Court action. 327.8 Section 327.8 Shipping MARITIME ADMINISTRATION, DEPARTMENT OF TRANSPORTATION A-NATIONAL SHIPPING AUTHORITY SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION § 327.8 Court action. No seamen, having a claim specified in subsections (2) and (3) of...

  3. 46 CFR 327.8 - Court action.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 46 Shipping 8 2011-10-01 2011-10-01 false Court action. 327.8 Section 327.8 Shipping MARITIME ADMINISTRATION, DEPARTMENT OF TRANSPORTATION A-NATIONAL SHIPPING AUTHORITY SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION § 327.8 Court action. No seamen, having a claim specified in subsections (2) and (3) of...

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

    PubMed

    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.

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

    PubMed Central

    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

  6. Clinical factors associated with rape victims' ability to testify in court: a records-based study of final psychiatric recommendation to court.

    PubMed

    Phaswana, T D; Van der Westhuizen, D; Krüger, C

    2013-09-01

    A rape victim may encounter professionals in both the health and the legal systems. Unanswered questions remain about clinical factors associated with a rape victim's ability to testify in court, and the quality of care offered to rape victims. The objectives of this study were thus to determine the clinical factors that are associated with a rape victim's ability to testify in court, as well as to undertake a preliminary exploration of the referral system between the court and the mental health services. A retrospective study was conducted of rape victims referred by the court (n=70) to be assessed psycho-legally by psychiatrists. Rape victims who were recommended as able and those recommended as unable to testify in court were compared with regard to their clinical characteristics. Thirty-seven (53.6%) victims were recommended as able to testify and 32 (46.4%) victims as unable to testify in court. Victims from rural areas and victims with severe mental retardation were statistically significantly more often found to be unable to testify in court. Almost half (49.2%) of the victims were referred by court for first assessment within six months of being raped. Most (63.5%) victims were assessed for the first time within one month of being referred. The decision about a victim's ability to testify should not be based solely on the two statistically significant variables but, rather, individualised. Optimal mental health and legal services should be offered to rape victims. Further studies are required in assessing the collaboration between the health and legal systems.

  7. The Roberts Court and Academic Freedom

    ERIC Educational Resources Information Center

    Rahdert, Mark C.

    2007-01-01

    Since President Bush named Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. to the Supreme Court, speculation has run high as to where the new court may be headed. Citing three recent cases ("Morse v. Frederick", "Rumsfeld v. Forum for Academic and Institutional Rights, Inc." and "Garcetti v.…

  8. [Giving medico-legal opinions in cases with suspicion of medical mistake. part 2. Expert evidence in cases with suspicion of medical mistake - expectations, possibilities, threats…].

    PubMed

    Chowaniec, Czesław; Chowaniec, Małgorzata; Wilk, Mateusz

    Problems of medical mistake and therapeutic failure are inextricably linked with realization of medical services. In recent years, mostly by the media and increasing demanding attitude, a rapid increase of initiated cases opened by judicial body in conjunction with medical mistake made by medical staff is observed. Making medico-legal opinions is not easy task and often face many difficulties. These consist of lacks in medical documentation, time rigor, formal tightening and need to create team that consist of both forensic medicine specialist and clinicians, who together shall write complex medico-legal opinion. This article touches the essence of the opinion-making problem in the aspect of medical mistake. It shows specifics of the role of forensic medicine specialist, his challenges and difficulties in creating opinions. The article confronts real possibilities of court experts with expectations of judicial body, outlining new challenges and dangers which court experts have to face.

  9. Scottish court dismisses a historic smoker's suit

    PubMed Central

    Friedman, L; Daynard, R

    2007-01-01

    The decision in a Scottish smoker's case, McTear v. Imperial Tobacco Limited, that there was no scientific proof of causation between the plaintiff's smoking and his death from lung cancer, accepted all of the traditional arguments that the tobacco industry has made throughout the history of tobacco litigation, including that epidemiology is not an adequate branch of science to draw a conclusion of causation, that the tobacco industry has no knowledge that its products are dangerous to consumers, and that, despite this lack of knowledge, the plaintiff had sufficient information to make an informed decision about the dangers of smoking. This case relied on outmoded methods of reasoning and placed too great a faith in the tobacco industry's timeworn argument that “everybody knew, nobody knows”. Further, the judge found it prejudicial that the plaintiff's expert witnesses were not paid for their services because she was indigent, believing that the lack of payment placed in doubt their credibility and claiming that the paid tobacco expert witnesses had more motive to testify independently because they had been paid, a perverse and novel line of reasoning. The McTear case contrasts unfavourably with the recent decision in United States v. Philip Morris, a United States decision that found the tobacco industry defendants to be racketeers, based both on the weight of a huge amount of internal tobacco industry documents showing that the tobacco industry knew their products were addictive and were made that way purposely to increase sales, and on the testimony of expert witnesses who, like those who testified in McTear, have made the advancement of the public health their life's work and are not “hired guns”. The McTear case's reasoning seems outdated and reminiscent of early litigation in the United States. Hopefully, it will not take courts outside of the United States 40 more years to acknowledge the current scientific knowledge about smoking and health. PMID

  10. Alternatives to In-Court Testimony in Child Abuse Cases

    DTIC Science & Technology

    1992-04-01

    federal prosecutions for child abuse . Contrary to the trend in both federal and state courts, the military provides no procedural or judicial...adoption of a rule for courts-martial that would provide uniform procedural alternatives to in-court testimony in child abuse cases.

  11. 25 CFR 11.907 - Transfer to Court of Indian Offenses.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  12. Civil Courts.

    ERIC Educational Resources Information Center

    Eaneman, Paulette S.; And Others

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

  13. 5 CFR 1653.2 - Qualifying retirement benefits court orders.

    Code of Federal Regulations, 2010 CFR

    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...

  14. Robust camera calibration for sport videos using court models

    NASA Astrophysics Data System (ADS)

    Farin, Dirk; Krabbe, Susanne; de With, Peter H. N.; Effelsberg, Wolfgang

    2003-12-01

    We propose an automatic camera calibration algorithm for court sports. The obtained camera calibration parameters are required for applications that need to convert positions in the video frame to real-world coordinates or vice versa. Our algorithm uses a model of the arrangement of court lines for calibration. Since the court model can be specified by the user, the algorithm can be applied to a variety of different sports. The algorithm starts with a model initialization step which locates the court in the image without any user assistance or a-priori knowledge about the most probable position. Image pixels are classified as court line pixels if they pass several tests including color and local texture constraints. A Hough transform is applied to extract line elements, forming a set of court line candidates. The subsequent combinatorial search establishes correspondences between lines in the input image and lines from the court model. For the succeeding input frames, an abbreviated calibration algorithm is used, which predicts the camera parameters for the new image and optimizes the parameters using a gradient-descent algorithm. We have conducted experiments on a variety of sport videos (tennis, volleyball, and goal area sequences of soccer games). Video scenes with considerable difficulties were selected to test the robustness of the algorithm. Results show that the algorithm is very robust to occlusions, partial court views, bad lighting conditions, or shadows.

  15. Impact of court monitoring on DWI adjudication

    DOT National Transportation Integrated Search

    1990-12-01

    Author's abstract: Court monitoring of Driving While Intoxicated (DWI) cases is a labor intensive effort conducted by over 300 concerned citizen groups across the U.S. The present project assessed the impact of court monitoring by analyzing the diffe...

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

    PubMed

    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.

  17. Court Ordered Desegregation

    ERIC Educational Resources Information Center

    Reber, Sarah J.

    2005-01-01

    The effect of the court ordered desegregation plans, on trends in segregation and white flight, are estimated. The effect of availability of school districts and other factors on the white flight across districts is also mentioned.

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

    ERIC Educational Resources Information Center

    Sheridan, William H.; Freer, Alice B.

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

  19. 32 CFR 724.224 - Court-martial specifications, presumption concerning.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 5 2011-07-01 2011-07-01 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...

  20. 32 CFR 724.224 - Court-martial specifications, presumption concerning.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 32 National Defense 5 2012-07-01 2012-07-01 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...

  1. 32 CFR 724.224 - Court-martial specifications, presumption concerning.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 32 National Defense 5 2014-07-01 2014-07-01 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...

  2. 32 CFR 724.224 - Court-martial specifications, presumption concerning.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 32 National Defense 5 2013-07-01 2013-07-01 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...

  3. 32 CFR 724.224 - Court-martial specifications, presumption concerning.

    Code of Federal Regulations, 2010 CFR

    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...

  4. A New Court for the Little Guy

    ERIC Educational Resources Information Center

    Star, Jack

    1973-01-01

    The Pro Se Court, a courtroom for the little guy'', is also an ideal courtroom for elementary students because decisions are explained in layman's terms. In this special court, children can begin to understand the judicial process through firsthand observation. (Author)

  5. The Nature of Expertise in Fingerprint Matching: Experts Can Do a Lot with a Little

    PubMed Central

    Thompson, Matthew B.; Tangen, Jason M.

    2014-01-01

    Expert decision making often seems impressive, even miraculous. People with genuine expertise in a particular domain can perform quickly and accurately, and with little information. In the series of experiments presented here, we manipulate the amount of “information” available to a group of experts whose job it is to identify the source of crime scene fingerprints. In Experiment 1, we reduced the amount of information available to experts by inverting fingerprint pairs and adding visual noise. There was no evidence for an inversion effect—experts were just as accurate for inverted prints as they were for upright prints—but expert performance with artificially noisy prints was impressive. In Experiment 2, we separated matching and nonmatching print pairs in time. Experts were conservative, but they were still able to discriminate pairs of fingerprints that were separated by five-seconds, even though the task was quite different from their everyday experience. In Experiment 3, we separated the print pairs further in time to test the long-term memory of experts compared to novices. Long-term recognition memory for experts and novices was the same, with both performing around chance. In Experiment 4, we presented pairs of fingerprints quickly to experts and novices in a matching task. Experts were more accurate than novices, particularly for similar nonmatching pairs, and experts were generally more accurate when they had more time. It is clear that experts can match prints accurately when there is reduced visual information, reduced opportunity for direct comparison, and reduced time to engage in deliberate reasoning. These findings suggest that non-analytic processing accounts for a substantial portion of the variance in expert fingerprint matching accuracy. Our conclusion is at odds with general wisdom in fingerprint identification practice and formal training, and at odds with the claims and explanations that are offered in court during expert testimony

  6. Educational Malpractice: Why the Courts Say No.

    ERIC Educational Resources Information Center

    Hammes, Richard

    1989-01-01

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

  7. Indiana Court Strikes Down Mandatory Fees

    ERIC Educational Resources Information Center

    Greifner, Laura

    2006-01-01

    The Indiana Supreme Court has struck down a school district's $20 school activity fee as a violation of the state constitution because, the court said, it is equivalent to a tuition charge. The 22,100-student Evansville-Vanderburgh school district imposed the fee on all K-12 students in the 2002-03 school year. The money was used to pay for…

  8. In the Superior Court of Fulton County, State of Georgia.

    PubMed

    1992-01-01

    In sum, it is the decision of this Court that the hospital not deescalate Jane Doe's treatment or enforce any DNR order unless both parents agree to this final course of treatment. Scottish Rite, its physicians, staff, agents, and employees are enjoined from taking any action inconsistent with this order. This Court hopes that the ordeal suffered by all concerned in having to resort to the courts for direction will soon be alleviated by judicial precedent or legislative enactment establishing proper rules and procedures for all involved in a future dilemma such as this one. In an effort to define such rules and procedures, however, this Court hereby directs the Attorney General to appeal this Order to the Supreme Court of Georgia for immediate review, as this case involves important constitutional issues. The Clerk is directed to prepare the record in this case for immediate transmittal to the Supreme Court. This Court thanks respective counsel involved for the highly professional and dignified manner in which this case has been handled, and to the parents of Jane Doe goes this Court's admiration for their strength and courage under these most trying circumstances. Love often travels a rugged highway.

  9. Court Reaffirms TIAA Must Pay Equal Pensions.

    ERIC Educational Resources Information Center

    Fields, Cheryl M.

    1984-01-01

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

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

    PubMed

    Chan, Benny; Somerville, Margaret

    2016-01-01

    In its landmark decision Carter v Canada (Attorney General), the Supreme Court of Canada ruled that the criminal prohibition on physician-assisted suicide and euthanasia for certain persons in certain circumstances violated their rights to life, liberty, and security of the person in sec. 7 of the Canadian Charter of Rights and Freedoms and thus was unconstitutional. The Supreme Court in effect overruled its earlier decision, Rodriguez v British Columbia (Attorney General), which upheld the prohibition as constitutionally valid, on the basis of changes in Charter jurisprudence and in the social facts since Rodriguez was decided. We argue that the Supreme Court's Carter decision shows conceptual disagreements with its Rodriguez decision concerning the nature and scope of the sec. 7-protected interests and the accompanying principles of fundamental justice. Not only do these conceptual differences have little to do with the changes that the Court in Carter invoked for 'revisiting' Rodriguez, the Court's articulation of the sec. 7 interests, particularly the right to life, and the principles of fundamental justice, especially the principle of over breadth, are problematic on their own terms. Furthermore, the way in which the Court dealt with evidence regarding abuses in permissive jurisdictions is also subject to criticism. We recommend that if, as now seems inevitable, legislation is introduced, it should mandate that assisted suicide and euthanasia be performed by specially licensed non-medical personnel and only on the authorization of a Superior Court judge. We also reject the key recommendations recently issued by the Provincial-Territorial Expert Advisory Group on Physician-Assisted Dying. © The Author 2016. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

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

    ERIC Educational Resources Information Center

    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…

  12. Analysis of expert consultation referrals for anesthesia-related issues (December 2008-July 2010): KSA legislation committee report

    PubMed Central

    Lee, Kook Hyun; An, Tae-Hun; Choi, Jong Ho; Lim, Dong Gun; Lee, Yeong-Ju

    2011-01-01

    Background Since 2009, database construction of anesthesia-related adverse events has been initiated through the legislation committee of the Korean Society of Anesthesiologists (KSA), based on expert consultation referrals provided by police departments, civil courts, and criminal courts. Methods This study was a retrospective descriptive analysis of expert consultation referrals on surgical anesthesia-related cases between December 2008 and July 2010. Results During the given period, 46 surgical anesthesia-related cases were referred to the KSA legislation committee for expert consultation. Because six cases were excluded due to insufficient data, 40 cases were included in the final analysis. Of 40 cases, 29 (72.5%) resulted in death. Respiratory events were most common in both surviving/disabled and dead patients (36.4 vs. 51.7%, respectively; P > 0.05). Overall, respiratory depression due to the drugs used for monitored anesthesia care (MAC) was the most common specific mechanism (25%), in which all but one case (profound brain damage) resulted in death. In all of these cases, surgeons or physicians provided MAC without the help of anesthesiologists. Conclusions Overall, the most common damaging mechanism was related to respiratory depression due to sedatives or anesthetics used for MAC. Almost all MAC injury cases are believed to be preventable with the use of additional or better monitoring and an effective response to initial physiological derangement. Thus, it is essential to establish practical MAC guidelines and adhere to these guidelines strictly to reduce the occurrence of severe anesthesia-related adverse outcomes. PMID:21602976

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

    PubMed Central

    Chan, Benny; Somerville, Margaret

    2016-01-01

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

  14. Tenure, Discrimination, and the Courts. Second Edition.

    ERIC Educational Resources Information Center

    Leap, Terry L.

    This book examines issues related to faculty tenure, discrimination, and court litigation at American colleges and universities. It also analyzes legal cases, court rulings, personnel practices, and specific types of discrimination germane to reappointment, promotion, or denial of tenure in higher education. Individual chapters concentrate on the…

  15. The Supreme Court retreats another step on abortion.

    PubMed

    Rosoff, J I

    1990-01-01

    The 1973 "Roe v. Wade" decision is being further dismantled by the Supreme Court. However, in recent decisions, the new Court majority (except Justice Antonia Scalia) seems to say that there is a constitutional right to abortion. The "Hodgson v. Minnesota" and "Ohio v. Akron Center for Reproductive Health" decisions addressed difficult topics; the ability of a minor to give informed consent; and the rights of parents with regard to minor children. In most circumstances, medical treatment of children must be authorized by a guardian. However, in many states, children may seek treatment for pregnancy, substance abuse, sexually transmitted diseases, and psychological disturbances. In "Planned Parenthood of Central Missouri v. Danforth" and "Bellati v. Baird," the Supreme Court ruled that constitutional protection of abortion could not be conditioned by age, and that parents could not say no to their daughter's wish to have an abortion. If a girl did not want to notify her parent, she could go to a judge instead. The Court never ruled on whether parental notification was constitutional, or whether 1 parent (and, if so, which) or both had to be notified. All of these issues were addressed in "Hodgson" and "Ohio" in ways that were damaging to the welfare and rights of women. In "Hodgson," the Court decided that states may require both biological parents to be notified as long as they have judicial bypass. In "Ohio," the Court approved the state's complicated legal judicial bypass proceedings. It also ruled that the proceedings do not have to be anonymous, just confidential. The reasoning behind the decisions is ambiguous and contradictory. Justice Sandra Day O'Connor agreed that the Minnesota law is very stringent. She said that it was "unreasonable when one considers that only 1/2 of the minors in the State of Minnesota reside with both biological parents." The Court's majority explained that a 48-hour waiting period between the notification and the abortion might place

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

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Meyer, G.A.

    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.

  17. Juvenile Drug Courts and Teen Substance Abuse

    ERIC Educational Resources Information Center

    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…

  18. Supreme Court Potpourri.

    ERIC Educational Resources Information Center

    Update on Law-Related Education, 1989

    1989-01-01

    Examines several recent Supreme Court decisions and comments on the implications of those decisions. Looks at powers of the National Collegiate Athletic Association, the picketing of private homes, involuntary servitude, alcoholism, displaying of adult literature, attorney advertisements, confronting one's accuser, physician peer review…

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

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Meyer, G.A.

    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.

  20. The Supreme Court, the commerce clause, and natural resources

    NASA Astrophysics Data System (ADS)

    Matthews, Olen Paul

    1988-07-01

    The Supreme Court's interpretation of the commerce clause controls the balance of power between state and federal governments in the United States. An understanding of the relationship between the different government levels is essential for resource managers concerned with resource and environmental issues. This study examines selected Supreme Court decisions between 1976 and 1988 to answer three questions raised by the commerce clause: (1) Is the regulated item an article of commerce? (2) Do state laws burden interstate commerce? (3) Is federal commerce regulation limited? The balance of power among the justices and the commerce clause theories affecting the federal role in resource management are also examined. Since ratification of the Constitution, the Supreme Court has continuously increased federal power, but states have power to act independently as long as contradictory federal laws do not exist and state law does not impermissively affect commerce. If Congress regulates an individual's use of resources, their power is unquestioned. Future Court decisions will not significantly reduce the federal role in resource management even if the Court's membership changes. Even the supporters of states' rights on the Court realize increased federal power is a necessary part of the country's evolution. The purpose of the commerce clause is to create a national economic unit with free location principles. The Court supports this purpose today and will in the future.

  1. Identifying influenza-like illness presentation from unstructured general practice clinical narrative using a text classifier rule-based expert system versus a clinical expert.

    PubMed

    MacRae, Jayden; Love, Tom; Baker, Michael G; Dowell, Anthony; Carnachan, Matthew; Stubbe, Maria; McBain, Lynn

    2015-10-06

    We designed and validated a rule-based expert system to identify influenza like illness (ILI) from routinely recorded general practice clinical narrative to aid a larger retrospective research study into the impact of the 2009 influenza pandemic in New Zealand. Rules were assessed using pattern matching heuristics on routine clinical narrative. The system was trained using data from 623 clinical encounters and validated using a clinical expert as a gold standard against a mutually exclusive set of 901 records. We calculated a 98.2 % specificity and 90.2 % sensitivity across an ILI incidence of 12.4 % measured against clinical expert classification. Peak problem list identification of ILI by clinical coding in any month was 9.2 % of all detected ILI presentations. Our system addressed an unusual problem domain for clinical narrative classification; using notational, unstructured, clinician entered information in a community care setting. It performed well compared with other approaches and domains. It has potential applications in real-time surveillance of disease, and in assisted problem list coding for clinicians. Our system identified ILI presentation with sufficient accuracy for use at a population level in the wider research study. The peak coding of 9.2 % illustrated the need for automated coding of unstructured narrative in our study.

  2. Discourse in Courts: Cooperation, Coercion, and Coherence.

    ERIC Educational Resources Information Center

    Penman, Robyn

    1987-01-01

    Investigates the relevance of a Gricean model for accounting for coherent discourse in courts of law. Identifies 19 rules of discourse congruent with Grice's Cooperative Principle in transcripts of eight trials. However, finds courts must coerce participants to be cooperative. Concludes that Grice's theory does not account adequately for coherent…

  3. 21 CFR 20.102 - Court enforcement records.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 21 Food and Drugs 1 2010-04-01 2010-04-01 false Court enforcement records. 20.102 Section 20.102 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL PUBLIC INFORMATION Availability of Specific Categories of Records § 20.102 Court enforcement records. (a) All records...

  4. Enhancing Residential Treatment for Drug Court Participants

    ERIC Educational Resources Information Center

    Koob, Jeff; Brocato, Jo; Kleinpeter, Christine

    2011-01-01

    In this study, the authors describe and evaluate the impact of increased access to residential treatment added to traditional drug court services in Orange County, California, with a goal of increasing program retention, successful completion, and graduation rates for a high-risk drug offender population participating in drug court between January…

  5. Achieving justice for children: public defenders in Israel's juvenile courts.

    PubMed

    Borowski, Allan; Ajzenstadt, Mimi

    2007-04-01

    In 1999, public defender (PD) representation of defendants appearing before Israel's juvenile courts began to be phased in. This article reports some of the major findings of a study that examined the impacts of the introduction of PDs. Analysis of interviews with 14 PDs yielded four major themes concerning the impact of the "arrival" of PDs, nature of the court, PDs' role, and PDs' interactions with other court actors. Analysis of interviews with eight prosecutors yielded seven themes concerning the need for PDs, PD as state agent, PDs' role, harms of legalization, disruption of the court, compromising the therapeutic value of the court hearing, and changes in court process. More generally, both PDs and prosecutors placed uncritical store in the value of rehabilitation alternatives. Indeed, the welfare model continues to shape their roles. The findings can largely be explained in terms of Eisenstein and Jacob's courtroom workgroup model.

  6. The Timing and Accumulation of Judicial Sanctions among Drug Court Clients

    ERIC Educational Resources Information Center

    McRee, Nick; Drapela, Laurie A.

    2012-01-01

    Judicial sanctions are used by drug courts to encourage clients to comply with program requirements. However, few studies have explored the application of sanctions in drug courts or the relationship between sanctions and drug court graduation. This article reports the results of a study of sanctions as applied in a drug court in southwest…

  7. Supreme Court Biographies as a Classroom Resource

    ERIC Educational Resources Information Center

    Ryan, John Paul

    2009-01-01

    In this article, the author goes beyond Supreme Court decisions to investigate the upbringing and personalities of three Supreme Court justices who left their mark on history: Oliver Wendell Holmes, Jr., Thurgood Marshall, and Sandra Day O'Connor. His interviews with their biographers, G. Edward White for Oliver Wendell Holmes Jr., Juan Williams…

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

    PubMed

    1997-02-21

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

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

    PubMed

    Marceau, Emmanuelle

    2003-08-01

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

  10. Court Cases Involving Contracts for School Districts

    ERIC Educational Resources Information Center

    Allen, L. Hank

    2011-01-01

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

  11. Legal Knowledge as a Tool for Social Change: La Mesa por la Vida y la Salud de las Mujeres as an Expert on Colombian Abortion Law.

    PubMed

    González Vélez, Ana Cristina; Jaramillo, Isabel Cristina

    2017-06-01

    In May 2006, Colombia's Constitutional Court liberalized abortion, introducing three circumstances under which the procedure would not be considered a crime: (1) rape or incest; (2) a risk to the woman's health or life; and (3) fetal malformations incompatible with life. Immediately following the court's ruling, known as Sentence C-355, members of La Mesa por la Vida y Salud de las Mujeres (hereinafter La Mesa) began to mobilize to ensure the decision's implementation, bearing in mind the limited impact that the legal framework endorsed by the court has had in other countries in the region. We argue that La Mesa's strategy is an innovative one in the field of legal mobilization insofar as it presumes that law can be shaped not just by public officials and universities but also by social actors engaged in the creation and diffusion of legal knowledge. In this regard, La Mesa has become a legal expert on abortion by accumulating knowledge about the multiple legal rules affecting the practice of abortion and about the situations in which these rules are to be applied. In addition, by becoming a legal expert, La Mesa has been able to persuade health providers that they will not risk criminal prosecution or being fired if they perform abortions. We call this effect of legal mobilization a "pedagogical effect" insofar as it involves the production of expertise and appropriation of knowledge by health professionals. We conclude by discussing La Mesa's choice to become a legal expert on abortion as opposed to recruiting academics to do this work or encouraging women to produce and disseminate this knowledge.

  12. Stop Court-Packing Act

    THOMAS, 113th Congress

    Rep. Cotton, Tom [R-AR-4

    2013-06-04

    House - 07/15/2013 Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

  13. The Supreme Court in the Culture Wars.

    ERIC Educational Resources Information Center

    Rabkin, Jeremy

    1996-01-01

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

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

    PubMed

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

    2010-04-01

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

  15. Neuropsychologist Experts and Civil Capacity Evaluations: Representative Cases.

    PubMed

    Kaufmann, Paul M

    2016-09-01

    Clinical neuropsychologists accept more forensic referrals now and spend more time in forensic consulting than ever before. Recent surveys show weekly hours devoted to forensic consulting increased 97% in the past decade. During the same time period, the number of board certified neuropsychologists more than doubled. Under recently published Specialty Guidelines for Forensic Psychology, clinical neuropsychologists practice forensic psychology when applying scientific, technical, or specialized knowledge of neuropsychology to the law to assist in addressing legal, contractual, or administrative matters. Among those increasingly varied forensic referrals, clinical neuropsychologists are conducting more civil competency and capacity evaluations. Representative cases from three jurisdictions demonstrate how neuropsychologists provide expertize in matters involving testamentary capacity, contractual capacity, business judgments, and job capacity. Case presentations illustrate some of the strengths and weaknesses of neuropsychological evaluation of civil capacities. The article concludes with a "battle of experts" case involving five neuropsychologists with opposing opinions recently heard in a Federal Appellate court. Implications for neuropschology training and forensic competencies are considered. In offering quality services to the legal profession, neuropsychologists support the truth-seeking function of the judiciary, promote justice, protect the profession, and serve public policy. © The Author 2016. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

  16. Guantanamo Detainees: Habeas Corpus Challenges in Federal Court

    DTIC Science & Technology

    2005-12-07

    Separation of Powers Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Eliminating Federal Court Jurisdiction Where There is No State Court Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 1 The amendment refers to both the Combatant Status Review Tribunals (“ CSRTs” ), the initial administrative procedure to confirm the detainees’ status as enemy

  17. Public Health and Law Collaboration: The Philadelphia Lead Court Study

    PubMed Central

    Gracely, Ed; Pan, Sarah; Cummings, Curtis; Palermo, Peter; Gould, George

    2013-01-01

    Objectives. We determined whether Philadelphia Lead Court is effective in enforcing lead hazard remediation in the homes of children with elevated blood lead levels. Methods. We created a deidentified data set for properties with an initial failed home inspection (IFHI) for lead hazards from January 1, 1998, through December 31, 2008, and compared compliance rates within the first year and time to compliance for lead hazard remediation between 1998 and 2002 (precourt period) and between 2003 and 2008 (court period). We evaluated predictors of time to compliance. Results. Within 1 year of the IFHI, 6.6% of the precourt and 76.8% of the court cases achieved compliance (P < .001) for the 3764 homes with data. Four years after the IFHI, 18% had attained compliance in the precourt period compared with 83.1% for the court period (P < .001). A proportional hazard analysis found that compliance was 8 times more likely in the court than the precourt period (P < .001). Conclusions. Lead court was more effective than precourt enforcement strategies. Most properties were remediated within 1 year of the IFHI, and time to compliance was significantly reduced. This model court could be replicated in other cities with similar enforcement problems. PMID:23678927

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

    ERIC Educational Resources Information Center

    Beach, George

    2000-01-01

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

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

    ERIC Educational Resources Information Center

    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…

  20. The Organizational Context of Courts' Treatment Referrals for Juvenile Offenders.

    ERIC Educational Resources Information Center

    Breda, Carolyn S.

    This study examined the rate at which juvenile courts refer youthful offenders to mental health care and organizational factors that may account for variation in treatment referral rates. The study was based on 73 juvenile courts in Tennessee. Data sources included secondary, statewide data on youth referred to the courts in 1997 and responses of…

  1. Supreme Court Roundup

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2005-01-01

    Reactions to the retirement of Justice Sandra Day O'Connor and debate over the president's replacement nomination, Judge John Roberts, Jr., of the D.C. Circuit, dominated this summer's Supreme Court recess. Subsequently, after Chief Justice William H. Rehnquist's death on September 3, 2005, President Bush nominated Roberts for the chief justice…

  2. Use of court records for supplementing occupational disease surveillance.

    PubMed Central

    Schwartz, E; Landrigan, P

    1987-01-01

    To conduct surveillance of occupationally related health events, the New Hampshire Division of Public Health Services analyzes death certificates and workers' compensation claims. In an effort to bolster these limited data sources, a previously unrecognized data-set comprised of court records was explored. Court records obtained from the Federal District Court proved to be a readily accessible and detailed source of information for identifying suspected cases of asbestos-related disease and potential sources of asbestos exposure. PMID:2959164

  3. Supreme Court Holds That Contagious Diseases Are Handicaps.

    ERIC Educational Resources Information Center

    Flygare, Thomas J.

    1987-01-01

    Describes a complex case involving termination of a third-grade teacher with recurrent tuberculosis. The United States Supreme Court upheld a circuit court's ruling that the teacher's condition satisfied section 504 of the 1973 Rehabilitation Act protecting handicapped persons against discrimination. Since contagiousness was not addressed, the…

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

    PubMed

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

    2004-02-01

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

  5. Effects of Admission and Treatment Strategies of DWI Courts on Offender Outcomes

    PubMed Central

    Sloan, Frank A.; Chepke, Lindsey M.; Davis, Dontrell V.; Acquah, Kofi; Zold-Kilbourne, Phyllis

    2013-01-01

    Purpose The purpose of this study is to classify DWI courts on the basis of the mix of difficult cases participating in the court (casemix severity) and the amount of involvement between the court and participant (service intensity). Using our classification typology, we assess how casemix severity and service intensity are associated with program outcomes. We expected that holding other factors constant, greater service intensity would improve program outcomes while a relatively severe casemix would result in worse program outcomes. Methods The study used data from 8 DWI courts, 7 from Michigan and 1 from North Carolina. Using a 2-way classification system based on court casemix severity and program intensity, we selected participants in 1 of the courts, and alternatively 2 courts as reference groups. Reference group courts had relatively severe casemixes and high service intensity. We used propensity score matching to match participants in the other courts to participants in the reference group court programs. Program outcome measures were the probabilities of participants’: failing to complete the court’s program; increasing educational attainment; participants improving employment from time of program enrollment; and re-arrest. Results For most outcomes, our main finding was that higher service intensity is associated with better outcomes for court participants, as anticipated, but a court’s casemix severity was unrelated to study outcomes. Conclusions Our results imply that devoting more resources to increasing duration of treatment is productive in terms of better outcomes, irrespective of the mix of participants in the court’s program PMID:23416679

  6. [Using attachment measures in the context of providing expert witness through psychiatric assessment in family court proceedings].

    PubMed

    Besier, Tanja; Ziegenhain, Ute; Fegert, Jörg M; Künster, Anne Katrin

    2012-01-01

    Prognostic evaluation of child development in the context of his/her actual family situation plays an important role in family law disputes. However, there is a lack of empirically validated instruments to assess socio-emotional development in very young children. Attachment research provides instruments which could be utilized in clinical practice. At this, the focus should be on assessing the quality of parent-child-relationship and the occurrence of risky parenting behaviour. The article illustrates the use of attachment measures in the context of a family court proceeding according to subsection 1666 German Civil Code. Risk assessment is carried out through direct observation of the quality of interaction between mother and ten months old infant as well as through evaluation of the attachment representations of both parent caregivers. Instruments used are the Strange Situation Test (to assess infant attachment), the CARE-Index (to assess parental sensitivity), the Adult Attachment Interview, and the Adult Attachment Projective (to assess parental attachment representations).

  7. Survey of forensic mental health experts on pro se competence after Indiana v. Edwards.

    PubMed

    Kaufman, Andrew R; Knoll, James L; Way, Bruce B; Leonard, Cecilia; Widroff, Jacob

    2011-01-01

    In Indiana v. Edwards (2008) the U.S. Supreme Court held that a higher standard may be required for pro se competence (PSC) than for competence to stand trial (CST), but provided little guidance for the trial court judge. This survey of forensic mental health experts studied potential PSC criteria. Sixty-eight (22.7%) forensic evaluators replied. Three McGarry criteria were reported as requiring a much higher standard for PSC: to appraise the available legal defenses (45.6%), to plan a legal strategy (51.5%), and to question and challenge witnesses (44.1%). Sixty percent agreed that standby counsel should be mandatory. Respondents opined that average abilities were sufficient for intelligence (77.9%), literacy (69.1%), and verbal ability (70.6%) were sufficient. PSC examiners may wish to assess appraisal of available legal defenses, planning a legal strategy, and questioning and challenging witnesses for a higher standard than CST. Evaluators should also assess the defendant's willingness to accept standby counsel (SBC) and the defendant's motivation for attempting a pro se defense.

  8. High Court's TB Ruling Probably Applies to AIDS.

    ERIC Educational Resources Information Center

    Sendor, Benjamin

    1987-01-01

    Discusses a United States Supreme Court decision upholding Section 504 protection for an elementary school teacher fired due to recurrent tuberculosis. The school board may need to make reasonable accommodation for employees handicapped by contagious diseases. The Court might also interpret Section 504 as covering AIDS carriers. (MLH)

  9. Psychotic Symptomatology in a Juvenile Court Clinic Population

    ERIC Educational Resources Information Center

    Lewis, Dorothy Otnow; And Others

    1973-01-01

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

  10. Brandeis Lawsuit Puts Campus Courts in the Dock.

    ERIC Educational Resources Information Center

    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…

  11. 8 CFR 1003.23 - Reopening or reconsideration before the Immigration Court.

    Code of Federal Regulations, 2010 CFR

    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...

  12. 8 CFR 1003.46 - Protective orders, sealed submissions in Immigration Courts.

    Code of Federal Regulations, 2010 CFR

    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...

  13. Court Disallows Damage Claims

    ERIC Educational Resources Information Center

    Tomson, Bernard; Coplan, Norman

    1976-01-01

    In rejecting claims for damages, the Court finds that contract's "increase or decrease of cost" language is not applicable to added overhead costs and loss of labor efficiency resulting from delays over which the contractor has no control. (Author)

  14. Individual Factors Predicting Mental Health Court Diversion Outcome

    ERIC Educational Resources Information Center

    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:…

  15. Professionalism in court

    PubMed Central

    Hutchins, John C.

    2014-01-01

    Summary Serving as an expert witness can be a rewarding experience. It affords the neurologist the opportunity to contribute expertise to the legal system's pursuit of justice and benefits the public interest. However, serving as an expert witness without understanding and incorporating relevant professional and specialty guidelines concerning expert witness testimony can place the neurologist at risk. The American Academy of Neurology has established standards governing expert witness testimony and a disciplinary process to respond to complaints of violation of its standards. Increased understanding of and adherence to these qualifications and guidelines, coupled with an awareness of how the legal system differs from clinical practice, will better equip neurologists serving as expert witnesses and minimize their professional risk when doing so. PMID:25279255

  16. Supreme Court Review

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2009-01-01

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

  17. Supreme Court Review

    ERIC Educational Resources Information Center

    Williams, Charles F.; Hawke, Catherine

    2010-01-01

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

  18. Supreme Court Roundup.

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2001-01-01

    Discusses U.S. Supreme Court cases during the 2000-01 term. Focuses on federalism, such as the case Solid Waste Agency v. Army Corps of Engineers, No. 99-1178, and cases related to the U.S. Bill of Rights First Amendment, such as United States and Department of Agriculture v. United Foods, Inc., No. 00-276. (CMK)

  19. Being a witness: before you appear in court

    PubMed Central

    Steinecke, Richard

    1998-01-01

    Maria was surprised to see her colleague Anna in the witness waiting room outside of the courtroom. “I’m here to testify about a patient I treated” Anna explained “and I’m nervous.” Maria said “I’m here as an expert witness, probably on the same case. I think I saw a copy of your chart. I always get nervous before testifying as well, but I always find the rehearsal helps me a lot.” “Rehearsal, what’s that?” Maria explained how, before the hearing, she had met with the lawyer, gone over the questions she would be asked, the answers she would give and the likely areas of cross-examination. “Isn’t that cheating? I thought it was improper to discuss what you are going to say in court before you got on the witness stand?” Anna asked. “Oh no, its quite usual. You just need to have your patient’s consent if you are talking about a patient you treated.” “I wish I had known that” Anna responded “I had a lot of questions I would have liked answered.” Imagesp56-a

  20. Establishing Sentencing Guidelines for Military Courts-Martial

    DTIC Science & Technology

    2014-11-01

    since the first Manual for Courts-Martial (MCM) was published in 1951. Recent negative attention on the military’s handling of sexual assault cases has...support the accused selected a victim based on race, color, religion, gender, sexual orientation) 5. Evidence of rehabilitative potential of the...recently as June 2014, the U.S. Navy-Marine Corps Court of Criminal Appeals overturned a Marine staff sergeant’s 2012 sexual assault conviction on

  1. Mental health courts and their selection processes: modeling variation for consistency.

    PubMed

    Wolff, Nancy; Fabrikant, Nicole; Belenko, Steven

    2011-10-01

    Admission into mental health courts is based on a complicated and often variable decision-making process that involves multiple parties representing different expertise and interests. To the extent that eligibility criteria of mental health courts are more suggestive than deterministic, selection bias can be expected. Very little research has focused on the selection processes underpinning problem-solving courts even though such processes may dominate the performance of these interventions. This article describes a qualitative study designed to deconstruct the selection and admission processes of mental health courts. In this article, we describe a multi-stage, complex process for screening and admitting clients into mental health courts. The selection filtering model that is described has three eligibility screening stages: initial, assessment, and evaluation. The results of this study suggest that clients selected by mental health courts are shaped by the formal and informal selection criteria, as well as by the local treatment system.

  2. Massachusetts Meets Education Guarantee, State High Court Says

    ERIC Educational Resources Information Center

    Gehring, John

    2005-01-01

    Massachusetts is meeting its constitutional requirement to provide students with an adequate education and does not have to overhaul its school funding formula, the state's highest court ruled in a closely watched case in February 2005. The February 15 decision by the Massachusetts Supreme Judicial Court surprised many observers, who had expected…

  3. Court Cases Alleging Employment Discrimination in Public Schools

    ERIC Educational Resources Information Center

    Speers, Gary M.

    2014-01-01

    The purpose of this research was to examine Court Cases Alleging Employment Discrimination in Public Schools by analyzing 115 law based court cases ranging during 1980-2012, through the most available publication of "West's Educational Law Digest" of 2012. Employment is a means to provide sustainable income to support the individual(s)…

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

    ERIC Educational Resources Information Center

    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…

  5. HIV/STI Risk Behavior of Drug Court Participants

    ERIC Educational Resources Information Center

    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…

  6. Runaways in Juvenile Courts. OJJDP Update on Statistics.

    ERIC Educational Resources Information Center

    Sickmund, Melissa

    The National Center for Juvenile Justice (NCJJ) analyzed records in the Center's National Juvenile Court Data Archive to examine how the juvenile courts handled runaway cases. NCJJ examined 40,000 records of runaway cases processed between 1985 and 1986 in 611 jurisdictions from 12 states representing about one-quarter of the U.S. youth population…

  7. The Supreme Court Speaks.

    ERIC Educational Resources Information Center

    Cunningham, Albert J.; Coplan, Carol

    1987-01-01

    Reviews recent decisions of the U.S. Supreme Court. The decisions involve student rights, the Gramm-Rudman budget law, homosexuals' right to privacy, the regulation of state primary elections, pregnancy and employment policy, Miranda Rights, and the legality of certain police searches. (JDH)

  8. U.S. Supreme Court rules ADA applies to correctional facilities.

    PubMed

    1998-06-26

    In the Pennsylvania Department of Corrections v. [Name removed], the U.S. Supreme Court unanimously ruled that correctional facilities are subject to the provisions under the Americans with Disabilities Act (ADA); this ruling has broad implications for prisoners with HIV infection. When [name removed] was denied admission to a motivational boot camp program at the prison due to hypertension, he sued, claiming that his rights under the ADA had been violated. The Court rejected Pennsylvania's argument that eligibility and participation, as used in Title II of the ADA, imply voluntariness and, therefore, do not apply because inmates are being held against their will. The Court further rejected the argument that the ADA excluded prisoners because the act doesn't specifically mention them. This decision may aid in a case that is before the 11th Circuit Court regarding inmates with HIV having the right to equal access to services. Oral arguments on the 11th Circuit Court case will be heard on September 10, 1998.

  9. 48 CFR 1652.204-72 - Filing health benefit claims/court review of disputed claims.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 48 Federal Acquisition Regulations System 6 2011-10-01 2011-10-01 false Filing health benefit... System OFFICE OF PERSONNEL MANAGEMENT FEDERAL EMPLOYEES HEALTH BENEFITS ACQUISITION REGULATION CLAUSES AND FORMS CONTRACT CLAUSES Texts of FEHBP Clauses 1652.204-72 Filing health benefit claims/court...

  10. 48 CFR 1652.204-72 - Filing health benefit claims/court review of disputed claims.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 48 Federal Acquisition Regulations System 6 2013-10-01 2013-10-01 false Filing health benefit... System OFFICE OF PERSONNEL MANAGEMENT FEDERAL EMPLOYEES HEALTH BENEFITS ACQUISITION REGULATION CLAUSES AND FORMS CONTRACT CLAUSES Texts of FEHBP Clauses 1652.204-72 Filing health benefit claims/court...

  11. 48 CFR 1652.204-72 - Filing health benefit claims/court review of disputed claims.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 48 Federal Acquisition Regulations System 6 2012-10-01 2012-10-01 false Filing health benefit... System OFFICE OF PERSONNEL MANAGEMENT FEDERAL EMPLOYEES HEALTH BENEFITS ACQUISITION REGULATION CLAUSES AND FORMS CONTRACT CLAUSES Texts of FEHBP Clauses 1652.204-72 Filing health benefit claims/court...

  12. I Spy with My Little Eye: Jurors' Detection of Internal Validity Threats in Expert Evidence

    PubMed Central

    McAuliff, Bradley D.; Duckworth, Tejah D.

    2010-01-01

    This experiment examined whether jury-eligible community members (N = 223) were able to detect internally invalid psychological science presented at trial. Participants read a simulated child sexual abuse case in which the defense expert described a study he had conducted on witness memory and suggestibility. We varied the study's internal validity (valid, missing control group, confound, and experimenter bias) and publication status (published, unpublished). Expert evidence quality ratings were higher for the valid versus missing control group version only. Publication increased ratings of defendant guilt when the study was missing a control group. Variations in internal validity did not influence perceptions of child victim credibility or police interview quality. Participants' limited detection of internal validity threats underscores the need to examine the effectiveness of traditional legal safeguards against junk science in court and improve the scientific reasoning ability of lay people and legal professionals. PMID:20162342

  13. [Heterogeneity of expert psychiatric conclusions. Study of 101 authors of voluntary homicides].

    PubMed

    Trapé, F; Bénézech, M; Delpla, P A; Telmon, N; Costagliola, R; Rougé, D

    2002-06-22

    Specify the prevalence of various mental pathologies observed in authors of voluntary homicides and assess the interest of the psychiatric expertise of these persons. The conclusions of the psychiatric expertises of 101 authors of voluntary homicide; condemned (94.20%) or declared irresponsible because of mental or personality disorders (5.80%), in the Court of Appeal of Bordeaux, over a period of 10 years (1989-1999) were analyzed. Several elements were underlined, among which the multiplicity of the diagnoses made by the expert psychiatrists and the large proportion of these criminals suffering from mental pathologies (81.60%), which contrasted with the low percentage of such criminals declared irresponsible (5.80%) or suggesting they might be dangerous (7.80%). The use of a standardized classification of mental diseases would provide the members of the jury and the magistrates with a clearer picture of the mental status of criminals. This is essential to avoid that more than 80% of the latter are quoted as exhibiting a mental pathology when the experts present their conclusions.

  14. The Prevalence of HIV Risk Behaviors among Felony Drug Court Participants

    PubMed Central

    Festinger, David S.; Dugosh, Karen L.; Metzger, David S.; Marlowe, Douglas B.

    2013-01-01

    [15] HIV Risk Behaviors in Drug Court A small percentage of participants in a large metropolitan felony Drug Court engaged in high-risk injection drug use, but a large percentage engaged in high-risk sexual behaviors. [16] HIV Risk Factors in Drug Court HIV risk behaviors were associated with being male, African–American, and younger. [17] Geographic Risk for HIV A large proportion of Drug Court participants resided in areas of the city with a high prevalence of persons living with HIV/AIDS, thus heightening the probability of exposure to the virus. PMID:25309974

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

    PubMed

    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.

  16. Effects of Motivation and Problem Severity on Court-Based Drug Treatment

    ERIC Educational Resources Information Center

    Cosden, Merith; Basch, Janice E.; Campos, Emily; Greenwell, Ashley; Barazani, Sivan; Walker, Sara

    2006-01-01

    This study addresses the effects of motivation and problem severity on outcomes in two court-based drug treatment programs. Data were examined for 578 offenders served by a drug court and 223 served by a drug treatment court mandated through California's Substance Abuse Crime Prevention Act (SACPA). It was hypothesized that client-reported…

  17. How Will the U.S. Supreme Court Decide?

    ERIC Educational Resources Information Center

    O'Brien, Joseph E.

    2002-01-01

    The U.S. Supreme Court is less visible to students than either Congress or the president. The Court's rulings on cases, however, are as influential on everyday life and on the political system as any bill passed by Congress or signed into law by the president. "Brown v. Board of Education," "Roe v. Wade," and "Bush v.…

  18. 25 CFR 11.100 - Where are Courts of Indian Offenses established?

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 25 Indians 1 2011-04-01 2011-04-01 false Where are Courts of Indian Offenses established? 11.100 Section 11.100 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Application; Jurisdiction § 11.100 Where are Courts of Indian Offenses...

  19. 25 CFR 11.100 - Where are Courts of Indian Offenses established?

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 25 Indians 1 2014-04-01 2014-04-01 false Where are Courts of Indian Offenses established? 11.100 Section 11.100 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Application; Jurisdiction § 11.100 Where are Courts of Indian Offenses...

  20. 25 CFR 11.100 - Where are Courts of Indian Offenses established?

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 25 Indians 1 2012-04-01 2011-04-01 true Where are Courts of Indian Offenses established? 11.100 Section 11.100 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Application; Jurisdiction § 11.100 Where are Courts of Indian Offenses...

  1. 25 CFR 11.100 - Where are Courts of Indian Offenses established?

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 25 Indians 1 2013-04-01 2013-04-01 false Where are Courts of Indian Offenses established? 11.100 Section 11.100 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Application; Jurisdiction § 11.100 Where are Courts of Indian Offenses...

  2. The European Court of Human Rights, Secular Education and Public Schooling

    ERIC Educational Resources Information Center

    Arthur, James; Holdsworth, Michael

    2012-01-01

    Since 9/11 the European Court of Human Rights (the European Court) has raised anew the question of the relationship between religion and public education. In its reasoning, the European Court has had to consider competing normative accounts of the secular, either to accept or deny claims to religious liberty within Europe's public education…

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

    PubMed

    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.

  4. Superfund awakes in state supreme courts

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Sutherland, D.

    1998-01-01

    Superfund, often referred to as a sleeping giant, is waking up in state courts with rulings the insurance industry is on the hook for a large share of the nation`s environmental cleanup. While Congress has been quagmired in legislative reauthorization attempts, 40% of the state supreme courts (20 states) have passed laws favoring policyholders of comprehensive general liability insurance (CGL) to be compensated for their cleanup and litigation costs. These rulings vary in terms from state to state, but their collective action is giving the insurance industry grave concerns because of the increase in settlements with CGL policyholders.

  5. Treatment as Part of Drug Court: The Impact on Graduation Rates

    ERIC Educational Resources Information Center

    Taxman, Faye S.; Bouffard, Jeffrey A.

    2005-01-01

    Drug treatment is one of the critical components of drug court programming, yet it has not been thoroughly studied in the drug court literature. Very little is understood about the nature of drug treatment services provided in the drug court setting. The purpose of this study was to examine the effects of selected treatment variables on drug court…

  6. Court Efficiency Act of 2013

    THOMAS, 113th Congress

    Rep. King, Steve [R-IA-4

    2013-12-02

    House - 01/09/2014 Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

  7. Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts().

    PubMed

    Portillo, Shannon; Rudes, Danielle; Viglione, Jill; Nelson, Matthew; Taxman, Faye

    2013-01-01

    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.

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

    ERIC Educational Resources Information Center

    United States Tennis Court & Track Builders Association.

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

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

    ERIC Educational Resources Information Center

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

    2010-01-01

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

  10. 38 CFR 14.709 - Surety bonds; court-appointed fiduciary.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ..., where possible under State laws and rules of the court, corporate surety bonds in all court-appointed... procuring a corporate surety bond. Corporate bonds may be required of corporate fiduciaries in accordance with State laws. In cases wherein fiduciaries neglect or refuse to furnish corporate bonds, as...

  11. 20 CFR 405.515 - Application of circuit court law.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  12. The Moderating Influence of International Courts on Social Movements

    PubMed Central

    Sieder, Rachel

    2017-01-01

    Abstract Feminists and religious conservatives across the globe have increasingly turned to courts in their battles over abortion. Yet while a significant literature analyzes legal mobilization on abortion issues, it tends to focus predominantly on domestic scenarios. In this article, we consider the effects of this contentious engagement of pro-choice and anti-abortion movements in international human rights fora, asking what happens to social movement claims when they reach international human rights courts. We answer the question through a detailed description of a single case, Gretel Artavia Murillo et al. v. Costa Rica, decided by the Inter-American Court of Human Rights in 2012 but with ongoing repercussions for abortion rights, given its authoritative interpretation of embryonic right to life. Through our analysis of Artavia Murillo, we show how legal mobilization before international human rights courts moderates social movement claims within the legal arena, as rivals respond to one another and argue within the frame of courts’ norms and language. PMID:28630548

  13. Dynamics of Higher Education. Court and Campus--Striking a New Balance.

    ERIC Educational Resources Information Center

    O'Neil, Robert M.

    1973-01-01

    The unrest of the 1960s brought the fields of law and higher education together in the courts. Although tranquility has returned to campus, the courts show no sign of withdrawing from the field of higher education. This paper is an examination of the role the courts will play in higher education in the decade ahead. Three broad areas of litigation…

  14. The Control of Environment Management Through Administrative Court

    NASA Astrophysics Data System (ADS)

    Putrijanti, Aju

    2018-02-01

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

  15. Adaptive Interventions in Drug Court: A Pilot Experiment

    PubMed Central

    Marlowe, Douglas B.; Festinger, David S.; Arabia, Patricia L.; Dugosh, Karen L.; Benasutti, Kathleen M.; Croft, Jason R.; McKay, James R.

    2009-01-01

    This pilot study (N = 30) experimentally examined the effects of an adaptive intervention in an adult misdemeanor drug court. The adaptive algorithm adjusted the frequency of judicial status hearings and clinical case-management sessions according to pre-specified criteria in response to participants' ongoing performance in the program. Results revealed the adaptive algorithm was acceptable to both clients and staff, feasible to implement with greater than 85% fidelity, and showed promise for eliciting clinically meaningful improvements in drug abstinence and graduation rates. Estimated effect sizes ranged from 0.40 to 0.60 across various dependent measures. Compared to drug court as-usual, participants in the adaptive condition were more likely to receive responses from the drug court team for inadequate performance in the program and received those responses after a substantially shorter period of time. This suggests the adaptive algorithm may have more readily focused the drug court team's attention on poorly-performing individuals, thus allowing the team to “nip problems in the bud” before they developed too fully. These preliminary data justify additional research evaluating the effects of the adaptive algorithm in a fully powered experimental trial. PMID:19724664

  16. Drug Courts and Adolescents.

    ERIC Educational Resources Information Center

    Schwebel, Robert

    2002-01-01

    The narrow preoccupation with abstinence causes many substance-abusing youth to react either with dishonesty or resistance. Drug education and treatment programs need to help youth rethink their use of drugs, rather than utilize harshly confrontational tactics. Drug courts can provide sanctions, while treatment interventions such as the Seven…

  17. The influence of tennis court surfaces on player perceptions and biomechanical response.

    PubMed

    Starbuck, Chelsea; Damm, Loïc; Clarke, James; Carré, Matt; Capel-Davis, Jamie; Miller, Stuart; Stiles, Victoria; Dixon, Sharon

    2016-09-01

    This study aimed to examine player perceptions and biomechanical responses to tennis surfaces and to evaluate the influence of prior clay court experience. Two groups with different clay experiences (experience group, n = 5 and low-experience group, n = 5) performed a 180° turning movement. Three-dimensional ankle and knee movements (50 Hz), plantar pressure of the turning step (100 Hz) and perception data (visual analogue scale questionnaire) were collected for two tennis courts (acrylic and clay). Greater initial knee flexion (acrylic 20. 8 ± 11.2° and clay 32.5 ± 9.4°) and a more upright position were reported on the clay compared to the acrylic court (P < 0.05). This suggests adaptations to increase player stability on clay. Greater hallux pressures and lower midfoot pressures were observed on the clay court, allowing for sliding whilst providing grip at the forefoot. Players with prior clay court experience exhibited later peak knee flexion compared to those with low experience. All participants perceived the differences in surface properties between courts and thus responded appropriately to these differences. The level of previous clay court experience did not influence players' perceptions of the surfaces; however, those with greater clay court experience may reduce injury risk as a result of reduced loading through later peak knee flexion.

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

    ERIC Educational Resources Information Center

    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…

  19. Domestic Violence and Dependency Courts: The "Greenbook" Demonstration Experience

    ERIC Educational Resources Information Center

    Malik, Neena M.; Silverman, Jerry; Wang, Kathleen; Janczewski, Colleen

    2008-01-01

    This field study reports on a cross-site evaluation of dependency courts in communities receiving federal funding to implement the "Greenbook" initiative, a multisite demonstration for community improvement of coordinated responses to families victimized by domestic violence and child maltreatment. This article focuses on the dependency court,…

  20. Courts to look again at assisted dying law.

    PubMed

    Griffith, Richard

    2017-05-02

    A man with motor neurone disease has been granted permission by the Court of Appeal to seek judicial review the criminalisation of assisted dying under the Suicide Act 1961, section 2(1). In this article, Richard Griffith reviews the Court of Appeal's decision in R (on the application of Conway) v Secretary of State for Justice [2017] and considers arguments for and against decriminalising assisted dying.

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

    PubMed

    McQuoid-Mason, David J

    2017-04-25

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

  2. Supreme Court rules on disability discrimination.

    PubMed

    Elliott, R

    2000-01-01

    On 3 May 2000, the Supreme Court of Canada released a unanimous decision involving the interpretation of the term "handicap" in Québec's anti-discrimination legislation in three complaints filed with the province's human rights commission. While none of the cases involved HIV-related discrimination, the Court's strong decision is of definite benefit in protecting and promoting the rights of people with HIV/AIDS, particularly for those living in Québec. The decision recognizes that people are protected against discrimination based on disability even if their condition does not give rise to any functional limitation and the discrimination is based on the perception that they are disabled.

  3. The United States Supreme Court and psychiatry in the 1990s.

    PubMed

    Ciccone, J R

    1999-03-01

    In the 1990s, the Supreme Court has decided several cases that have had an impact on psychiatry and psychiatric patients in the criminal justice system, on psychiatric hospitalization, and on psychotherapist-patient privilege. Of the seven cases discussed in this article, Chief Justice Rehnquist and Justice Scalia voted similarly in all seven cases. Since joining the court, Justice Thomas has voted with them. Justice Scalia interprets the Constitution, using what has been termed "textualism": avoid reference to legislative history, and interpret the Constitution according to the plain language meaning of the relevant section. Chief Justice Rehnquist and Justices Scalia and Thomas are inclined to protect states' rights from court decisions that expand US Constitutional power in cases involving civil plaintiffs and criminal defendants. They seek to protect states from being sued in federal courts, and, if there is doubt, lean toward not interfering with state prerogatives. They tend to not find unenumerated rights and prefer clear-cut rules over amorphous standards. Justices Kennedy and O'Connor, at times joined by Justice Souter in the middle of the court, provide the deciding votes in many cases. They seem to prefer a case-by-case pragmatism over a global jurisprudential philosophy. Approaching cases one at a time, they usually avoid broad philosophic pronouncements when they join with Chief Justice Rehnquist. Justice Stevens, joined by Justices Breyer and Ginsburg since they have been appointed to the court, is more likely to favor a broader reading of the 14th Amendment's Due Process and Equal Protection clauses. Of the seven cases, Kennedy and O'Connor voted with the majority in five cases, the dissent in one case (Zinermon v Burch), and split their votes in one case (Foucha v Louisiana, with O'Connor siding with the Court and Kennedy with the dissent). Commager, a noted historian, believed that political issues can be explored, explained, and debated and that

  4. 96. CENTRAL COURT. MERCER MUSEUM, FROM ENTRY LEVEL SAME VIEW ...

    Library of Congress Historic Buildings Survey, Historic Engineering Record, Historic Landscapes Survey

    96. CENTRAL COURT. MERCER MUSEUM, FROM ENTRY LEVEL SAME VIEW AS PA-107-67. - Moravian Pottery & Tile Works, Southwest side of State Route 313 (Swamp Road), Northwest of East Court Street, Doylestown, Bucks County, PA

  5. Predicting drug court outcome among amphetamine-using participants.

    PubMed

    Wu, Lora J; Altshuler, Sandra J; Short, Robert A; Roll, John M

    2012-06-01

    Amphetamine use and abuse carry with it substantial social costs. Although there is a perception that amphetamine users are more difficult to treat than other substance users, drug courts have been used to effectively address drug-related crimes and hold the potential to lessen the impact of amphetamine abuse through efficacious treatment and rehabilitation. The objective of this study was to identify predictors of drug court outcome among amphetamine-using participants. A drug court database was obtained (N = 540) and amphetamine-using participants (n= 341) identified. Multivariate binary regression models run for the amphetamine-using participants identified being employed and being a parent as predictive of successful completion of the program, whereas being sanctioned to jail during the program was inversely related to program completion. Copyright © 2012 Elsevier Inc. All rights reserved.

  6. Court Appointed Volunteers for Abused and Neglected Children.

    PubMed

    Justin, Renate G.

    2002-02-01

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

  7. 8 CFR 337.8 - Oath administered by the courts.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

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

  8. Evaluation of LEAA Funded Courts Training Programs. Volume I.

    ERIC Educational Resources Information Center

    McManis Associates, Inc., Washington, DC.

    An impact evaluation of eight courts training project (CTP) institutes funded by the Law Enforcement Assistance Administration was conducted. After a literature search and visits to potential evaluation sites in all fifty states, twelve sites were selected from a random stratified sample of court systems. Data were obtained from 1047 respondents…

  9. 5 CFR 1604.9 - Court orders and legal processes.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Court orders and legal processes. 1604.9 Section 1604.9 Administrative Personnel FEDERAL RETIREMENT THRIFT INVESTMENT BOARD UNIFORMED SERVICES ACCOUNTS § 1604.9 Court orders and legal processes. A TSP account can be divided in an action for divorce...

  10. 22 CFR 19.6 - Court orders and divorce decrees.

    Code of Federal Regulations, 2010 CFR

    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. ...

  11. 22 CFR 19.6 - Court orders and divorce decrees.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 22 Foreign Relations 1 2014-04-01 2014-04-01 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. ...

  12. 22 CFR 19.6 - Court orders and divorce decrees.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 1 2011-04-01 2011-04-01 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. ...

  13. 22 CFR 19.6 - Court orders and divorce decrees.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 22 Foreign Relations 1 2012-04-01 2012-04-01 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. ...

  14. 22 CFR 19.6 - Court orders and divorce decrees.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 22 Foreign Relations 1 2013-04-01 2013-04-01 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. ...

  15. 19 CFR 176.11 - Transmission of records to Court of International Trade.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED) PROCEEDINGS IN THE COURT OF INTERNATIONAL TRADE Transmission of Records § 176.11 Transmission of records to Court of International Trade. Upon receipt of service of a summons in an action initiated in the Court of International Trade the following items shall...

  16. 19 CFR 176.11 - Transmission of records to Court of International Trade.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED) PROCEEDINGS IN THE COURT OF INTERNATIONAL TRADE Transmission of Records § 176.11 Transmission of records to Court of International Trade. Upon receipt of service of a summons in an action initiated in the Court of International Trade the following items shall...

  17. 19 CFR 176.11 - Transmission of records to Court of International Trade.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED) PROCEEDINGS IN THE COURT OF INTERNATIONAL TRADE Transmission of Records § 176.11 Transmission of records to Court of International Trade. Upon receipt of service of a summons in an action initiated in the Court of International Trade the following items shall...

  18. 19 CFR 176.11 - Transmission of records to Court of International Trade.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED) PROCEEDINGS IN THE COURT OF INTERNATIONAL TRADE Transmission of Records § 176.11 Transmission of records to Court of International Trade. Upon receipt of service of a summons in an action initiated in the Court of International Trade the following items shall...

  19. 19 CFR 176.11 - Transmission of records to Court of International Trade.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED) PROCEEDINGS IN THE COURT OF INTERNATIONAL TRADE Transmission of Records § 176.11 Transmission of records to Court of International Trade. Upon receipt of service of a summons in an action initiated in the Court of International Trade the following items shall...

  20. 97. CENTRAL COURT, MERCER MUSEUM. FROM THE THIRD FLOOR. SAME ...

    Library of Congress Historic Buildings Survey, Historic Engineering Record, Historic Landscapes Survey

    97. CENTRAL COURT, MERCER MUSEUM. FROM THE THIRD FLOOR. SAME VIEW AS PA-107-68. - Moravian Pottery & Tile Works, Southwest side of State Route 313 (Swamp Road), Northwest of East Court Street, Doylestown, Bucks County, PA

  1. [The Constitutional Court and new scenarios of biomedicine. (Constitutional reflections on the decision of the Constitutional Tribunal 116/1999, June 17)].

    PubMed

    Arruego Rodríguez, G; Chueca Rodríguez, R

    2000-01-01

    The recent ruling by the Constitutional Court (116/1999, 17 June) ended the process which had been initiated by the challenge filed by 63 conservative MPs against Law 35/1988, 22 November, on the Law on Human Assisted Reproduction Techniques. In our opinion, this ruling helps define the scope of the constitutional provisions used by the appellants in their challenge, provisions which had already been interpreted in lower rulings. The considerations given in this article are designed to establish the terms and framework which lawmakers and law experts should bear in mind when they prepare future, as will necessarily be the case. In view of some of the arguments used in the ruling, we believe it is appropriate to draw attention to some of the most salient constitutional aspects, such as the scope of the Constitutional Court's role as the ultimate judge of constitutionality, and the exact nature of the constitutional notion of fundamental right which, although complicated at times, is nonetheless a precise and accurate legal concept.

  2. A Comparison of Defense and Plaintiff Expert Witnesses in Orthopaedic Surgery Malpractice Litigation.

    PubMed

    Park, Howard Y; Zoller, Stephen D; Sheppard, William L; Hegde, Vishal; Smith, Ryan A; Borthwell, Rachel M; Clarkson, Samuel J; Hamad, Christopher D; Proal, Joshua D; Bernthal, Nicholas M

    2018-06-06

    According to the American Academy of Orthopaedic Surgeons (AAOS) Standards of Professionalism, the responsible testimony of expert witnesses in orthopaedic surgery malpractice lawsuits is important to the public interest. However, these expert witnesses are recruited and compensated without established standards, and their testimony can potentially sway court opinion, with substantial consequences. The objective of this study was to characterize defense and plaintiff expert orthopaedic surgeon witnesses in orthopaedic surgery malpractice litigation. Utilizing the WestlawNext legal database, defense and plaintiff expert witnesses involved in orthopaedic surgery malpractice lawsuits from 2013 to 2017 were identified. Each witness's subspecialty, mean years of experience, involvement in academic or private practice, fellowship training, and scholarly impact, as measured by the Hirsch index (h-index), were determined through a query of professional profiles, the Scopus database, and a PubMed search. Statistical comparisons were made for each parameter among defense and plaintiff expert witnesses. Between 2013 and 2017, 306 expert medical witnesses for orthopaedic cases were identified; 174 (56.9%) testified on behalf of the plaintiff, and 132 (43.1%) testified on behalf of the defense. Orthopaedic surgeons who identified themselves as general orthopaedists comprised the largest share of expert witnesses on both the plaintiff (n = 61) and defense (n = 25) sides. The plaintiff witnesses averaged 36 years of experience versus 31 years for the defense witnesses (p < 0.001); 26% of the plaintiff witnesses held an academic position versus 43% of the defense witnesses (p = 0.013). Defense witnesses exhibited a higher proportion of fellowship training in comparison to plaintiff expert witnesses (80.5% versus 64.5%, respectively, p = 0.003). The h-index for the plaintiff group was 6.6 versus 9.1 for the defense group (p = 0.04). Two witnesses testified for both the plaintiff

  3. 78 FR 51821 - Sentencing Guidelines for United States Courts

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-08-21

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

  4. 18 CFR 385.1509 - District court procedures (Rule 1509).

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false District court... the Assessment of Civil Penalties Under Section 31 of the Federal Power Act § 385.1509 District court procedures (Rule 1509). (a) After receipt of the notification of election to apply the provisions of this...

  5. 22 CFR 19.6-1 - Orders by a court.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... between a participant and a former spouse, and pursuant to any court decree of divorce, legal separation... decree of divorce, legal separation, or annulment, that any payment from the Fund which would otherwise... this section even though a divorce decree issued by such court may be a basis for pro rata share...

  6. 22 CFR 19.6-1 - Orders by a court.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... between a participant and a former spouse, and pursuant to any court decree of divorce, legal separation... decree of divorce, legal separation, or annulment, that any payment from the Fund which would otherwise... this section even though a divorce decree issued by such court may be a basis for pro rata share...

  7. 22 CFR 19.6-1 - Orders by a court.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... between a participant and a former spouse, and pursuant to any court decree of divorce, legal separation... decree of divorce, legal separation, or annulment, that any payment from the Fund which would otherwise... this section even though a divorce decree issued by such court may be a basis for pro rata share...

  8. 22 CFR 19.6-1 - Orders by a court.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... between a participant and a former spouse, and pursuant to any court decree of divorce, legal separation... decree of divorce, legal separation, or annulment, that any payment from the Fund which would otherwise... this section even though a divorce decree issued by such court may be a basis for pro rata share...

  9. 22 CFR 19.6-1 - Orders by a court.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... between a participant and a former spouse, and pursuant to any court decree of divorce, legal separation... decree of divorce, legal separation, or annulment, that any payment from the Fund which would otherwise... this section even though a divorce decree issued by such court may be a basis for pro rata share...

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

    PubMed

    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.

  11. Drug exposed infants in the social welfare system and juvenile court.

    PubMed

    Sagatun-Edwards, I J; Saylor, C; Shifflett, B

    1995-01-01

    The purpose of this research was to study how drug exposed infants were processed, following a positive toxicology screen, through the Social Services and Juvenile Court system and to construct a demographic profile of these cases. Using data (N = 284) from Social Services and Juvenile Court files in one large county this paper describes the socioeconomic profile of cases in the Social Services and Court system over an 18-month period and tracks the progress of these cases through their reviews and hearings. The data show an overrepresentation of African American and Hispanic cases compared to the relevant county population and an underrepresentation of Caucasian and Asian cases. A petition to Juvenile Court was filed in almost half of the initial cases. Among the children who were made dependents of the court, about 80% were removed from the mother and placed in reunification services. Of these one third were later returned to the family while the rest went to permanency placements outside the home.

  12. Supreme Court Room (room 573), looking westsouthwest (bearing 250). Not ...

    Library of Congress Historic Buildings Survey, Historic Engineering Record, Historic Landscapes Survey

    Supreme Court Room (room 573), looking west-southwest (bearing 250). Not that missing scones are to be returned and presently obscured ceiling is proposed for restoration. - California State Library & Courts Building, 914 Capitol Mall, Sacramento, Sacramento County, CA

  13. Mainstream medicine versus complementary and alternative medicine in the witness box: resolving the clash of ideologies.

    PubMed

    Kune, Randall; Kune, Gabriel

    2007-02-01

    Mainstream medical philosophy and practice differ in many respects from those of complementary and alternative medicine (CAM), differences which are explored in this article. Because of a resurgence of CAM therapies, courts and tribunals will scrutinise CAM in more and more contexts in the future. Such court cases may require the resolution of conflicts between opinions of CAM and medical experts. This article considers how courts evaluate such opinions where experts hold conflicting ideologies or philosophical approaches, and addresses the following questions: Do the opinions of CAM practitioners qualify as "expert" opinions in court? How do the courts examine the basis of such opinions? Are they systematically given less weight than the opinions of mainstream medical practitioners? Will recent procedural reforms for hearing expert evidence make it easier for courts to resolve these issues?

  14. Physiological Responses to On-Court vs Running Interval Training in Competitive Tennis Players

    PubMed Central

    Fernandez-Fernandez, Jaime; Sanz-Rivas, David; Sanchez-Muñoz, Cristobal; de la Aleja Tellez, Jose Gonzalez; Buchheit, Martin; Mendez-Villanueva, Alberto

    2011-01-01

    The aim of this study was to compare heart rate (HR), blood lactate (LA) and rate of perceived exertion (RPE) responses to a tennis-specific interval training (i.e., on-court) session with that of a matched-on-time running interval training (i.e., off-court). Eight well-trained, male (n = 4) and female (n = 4) tennis players (mean ± SD; age: 16.4 ± 1.8 years) underwent an incremental test where peak treadmill speed, maximum HR (HRmax) and maximum oxygen uptake (VO2max) were determined. The two interval training protocols (i.e., off- court and on-court) consisted of 4 sets of 120 s of work, interspersed with 90 s rest. Percentage of HRmax (95.9 ± 2.4 vs. 96.1 ± 2.2%; p = 0.79), LA (6.9 ± 2.5 vs. 6.2 ± 2.4 mmol·L-1; p = 0.14) and RPE (16.7 ± 2.1 vs. 16.3 ± 1.8; p = 0.50) responses were similar for off-court and on-court, respectively. The two interval training protocols used in the present study have equivalent physiological responses. Longitudinal studies are still warranted but tennis-specific interval training sessions could represent a time-efficient alternative to off-court (running) interval training for the optimization of the specific cardiorespiratory fitness in tennis players. Key points On-court interval training protocol can be used as an alternative to running interval training Technical/tactical training should be performed under conditions that replicate the physical and technical demands of a competitive match During the competitive season tennis on-court training might be preferred to off-court training PMID:24150630

  15. 22 CFR 19.6-4 - Date of court orders.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... Department if it is issued more than 12 months after the divorce becomes final. A court order adjusting the... order issued within 12 months after a divorce becomes final directing payment of a pension to a former... month in which the divorce becomes final if so specified by the court. In such event, the Department...

  16. 22 CFR 19.6-4 - Date of court orders.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... Department if it is issued more than 12 months after the divorce becomes final. A court order adjusting the... order issued within 12 months after a divorce becomes final directing payment of a pension to a former... month in which the divorce becomes final if so specified by the court. In such event, the Department...

  17. 22 CFR 19.6-4 - Date of court orders.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... Department if it is issued more than 12 months after the divorce becomes final. A court order adjusting the... order issued within 12 months after a divorce becomes final directing payment of a pension to a former... month in which the divorce becomes final if so specified by the court. In such event, the Department...

  18. 22 CFR 19.6-4 - Date of court orders.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... Department if it is issued more than 12 months after the divorce becomes final. A court order adjusting the... order issued within 12 months after a divorce becomes final directing payment of a pension to a former... month in which the divorce becomes final if so specified by the court. In such event, the Department...

  19. 22 CFR 19.6-4 - Date of court orders.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... Department if it is issued more than 12 months after the divorce becomes final. A court order adjusting the... order issued within 12 months after a divorce becomes final directing payment of a pension to a former... month in which the divorce becomes final if so specified by the court. In such event, the Department...

  20. 25 CFR 11.209 - How does the Court of Indian Offenses dispose of fines?

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ...? 11.209 Section 11.209 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration... regulations, upon order of the clerk of the court signed by a judge of the court for the payment of specified...

  1. 25 CFR 11.209 - How does the Court of Indian Offenses dispose of fines?

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ...? 11.209 Section 11.209 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration... regulations, upon order of the clerk of the court signed by a judge of the court for the payment of specified...

  2. Indigenous Space and the Landscape of Settlement: A Historian as Expert Witness.

    PubMed

    Gray, Susan E

    2015-02-01

    This essay examines my work as expert witness in the case of U.S. v. Michigan, a Indigenous use-rights case. I was charged with parsing the intention of a specific article of the 1836 Treaty of Washington compelling land cession by Anishinaabe peoples and with writing a history of land use in the area from that date to the present for the Chippewa Ottawa Resource Authority (my employer). The challenges were not only methodological (how do you estimate use from ownership?) and epistemological (what constitutes proof that will satisfy both historians and lawyers?), but also sociological and psychological: what happens when an associate professor puts her progress toward full professor on hold for the sake of a court case?

  3. Will the UK Supreme Court allow assisted dying?

    PubMed

    Griffith, Richard

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

  4. Supreme Court says suit against insurer can continue.

    PubMed

    1996-04-05

    The Oregon Supreme Court is allowing the estate of [name removed], a restaurant worker, to seek damages against an insurance company that refused to cover his employer when it was determined that [name removed] had Pneumocystis carinii pneumonia, an AIDS-defining condition. [Name removed]'s lawsuit charges that the PAAC Health Plan Inc. denied the application for insurance filed by employer [name removed] [name removed] of the Old Wives' Tales Restaurant. [Name removed] sued PAAC, [name removed], and the insurance broker. Before [name removed]'s death in August 1993, an appeals court voted 2-1 to affirm a trial judge's decision to dismiss claims against the broker, but reversed an order granting summary judgment to PAAC. State Supreme Court Justice Wallace P. Carson, Jr., heard PAAC's appeal and ruled that [name removed]'s estate could proceed with claims against PAAC.

  5. 8 CFR 332.5 - Official forms for use by clerks of court.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... forms, records, and books have been supplied to such court. Only such forms as are supplied shall be... of such court may require the clerk to obtain a separate supply of official forms, records and books... forms, records, books and supplies is made by a State court of record, it shall be accompanied by a...

  6. The Role and Influence of State Courts on Educational Policy and Practice.

    ERIC Educational Resources Information Center

    Valente, William D.

    The recent growth of school-related laws and regulations has magnified the court role in setting education policies through legal decision. State courts have traditionally played a primary role in disposing of education disputes, but their role has diminished while the federal court role has increased. This is due to a lag between state and…

  7. 25 CFR 11.209 - How does the Court of Indian Offenses dispose of fines?

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ....209 Section 11.209 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration § 11... regulations, upon order of the clerk of the court signed by a judge of the court for the payment of specified...

  8. Semi-automatic generation of medical tele-expert opinion for primary care physician.

    PubMed

    Biermann, E; Rihl, J; Schenker, M; Standl, E

    2003-01-01

    A computer-based system has been developed for the generation of medical expert opinions on the insulin-resistance syndrome, based on clinical data obtained from primary care physicians. An expert opinion for each patient was generated by using a decision tree for entering individual text modules and by adding optional free text. The expert opinions were returned by e-mail, telefax or by ordinary mail. 1389 primary care physician sent anonymous data sets and requested expert opinions for a total of 3768 patients. Through the set up of a rule-based system an automation of the generation of the expert opinions could be achieved and the generation time dropped from initially 40 minutes to less than 5 minutes at the end. By using predefined text modules and a rule based system, a large number of medical expert opinions can be generated with relatively few additional resources.

  9. A national survey of U.S. juvenile mental health courts.

    PubMed

    Callahan, Lisa; Cocozza, Joseph; Steadman, Henry J; Tillman, Sheila

    2012-02-01

    The authors surveyed U.S. juvenile mental health courts (JMHCs). Forty-one were identified in 15 states, and 34 returned surveys; one was completed on the basis of published information. Topics included the court's history, youths served, inclusion and exclusion criteria, the court process, and services provided. Half (51%) reported that the juvenile court was responsible for the program; for 11% the probation agency had the responsibility, and 17% reported shared responsibility by these entities. Fifty-one percent reported that all youths with any mental disorder diagnosis are eligible. The most commonly reported participant diagnoses are bipolar disorder (27%), depression (23%), and attention-deficit hyperactivity disorder (16%). Seventy percent currently include participants with felony offenses, and 91% with misdemeanors; 67% exclude status offenses, and 21% exclude violent offenses. A guilty plea was required by 63%. Incentives to participate included dismissal of charges (40%), reduction in court hearings (43%), praise by the judge and probation officer (60%), reduction in curfew restrictions (23%), and gift cards or gifts (71%). Sanctions for not participating included increased supervision or hearings (60%), performing community service (54%), and placement in residential detention (60%). Most JMHCs reported use of a multidisciplinary team to coordinate community-based services to prevent protracted justice system involvement. JMHCs are being developed in the absence of systematically collected outcome data. Although they resemble adult mental health courts, they have unique features that are specific to addressing the complex needs of youths with mental disorders involved in the justice system. These include diagnostic and treatment challenges and issues related to involving families and schools.

  10. 18 CFR 401.118 - Disclosure in administrative or court proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... and Information § 401.118 Disclosure in administrative or court proceedings. Data and information otherwise exempt from public disclosure may be revealed in Commission administrative or court proceedings... 18 Conservation of Power and Water Resources 2 2013-04-01 2012-04-01 true Disclosure in...

  11. 18 CFR 401.118 - Disclosure in administrative or court proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... and Information § 401.118 Disclosure in administrative or court proceedings. Data and information otherwise exempt from public disclosure may be revealed in Commission administrative or court proceedings... 18 Conservation of Power and Water Resources 2 2012-04-01 2012-04-01 false Disclosure in...

  12. 18 CFR 401.118 - Disclosure in administrative or court proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... and Information § 401.118 Disclosure in administrative or court proceedings. Data and information otherwise exempt from public disclosure may be revealed in Commission administrative or court proceedings... 18 Conservation of Power and Water Resources 2 2010-04-01 2010-04-01 false Disclosure in...

  13. 18 CFR 401.118 - Disclosure in administrative or court proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... and Information § 401.118 Disclosure in administrative or court proceedings. Data and information otherwise exempt from public disclosure may be revealed in Commission administrative or court proceedings... 18 Conservation of Power and Water Resources 2 2014-04-01 2014-04-01 false Disclosure in...

  14. Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts1

    PubMed Central

    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

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

    ERIC Educational Resources Information Center

    Schmidt, Peter

    2012-01-01

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

  16. Public School Finance and the Courts.

    ERIC Educational Resources Information Center

    Hobbs, Gardner J.

    1980-01-01

    This article examines some of the court cases that deal with equal educational opportunity, education as a state function, and equal opportunities and equal protection in student classification. (Author)

  17. Court-mediated disputes between physicians and families over the medical care of children.

    PubMed

    Ridgway, Derry

    2004-09-01

    To describe the judiciary's approach to parent-physician disputes over the care of sick children. Court publications. Fifty parent-physician disagreements over the care of children led to physician requests for court intervention and resulted in judicial opinions published by the court. The opinions describe 66 children from 20 states. Physicians prevailed at the initial decision in 44 (88%) of the 50 disputes and at the final decision in 40 disputes (80%). Physicians were more likely to prevail in religion-based disputes than in other cases (27 of 30 vs 13 of 20; P<.03), but they were less likely to prevail in disputes concerning life-threatening or potentially disabling conditions (23 of 31 vs 17 of 19; P<.19). Courts acknowledged the pediatric patients' views in only 10 of the disputes (9 of the 19 cases involving adolescents and 1 of the 31 cases involving children younger than 12 years). For most courts, the petitioning physicians provided the only source of scientific information. Published court opinions create precedents for future decisions and provide insight into the consequences of seeking court intervention for the physician who encounters parental refusal of care.

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

    ERIC Educational Resources Information Center

    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…

  19. Shaping the Negro Revolution Through Court Decisions, 1964-1966.

    ERIC Educational Resources Information Center

    Gill, Robert L.

    1967-01-01

    In a two year period the Congress enacted a series of laws which had a profound effect on the Negro revolution. Discussed in this document are the cases which were brought to the Supreme Court to either challenge the constitutionality of these laws or to appeal for reversal of lower court decisions on the basis of the laws. Cited are cases based…

  20. A Randomized Pilot Study of the Engaging Moms Program for Family Drug Court

    PubMed Central

    Dakof, Gayle A.; Cohen, Jeri B.; Henderson, Craig E.; Duarte, Eliette; Boustani, Maya; Blackburn, Audra; Venzer, Ellen; Hawes, Sam

    2010-01-01

    In response to the need for effective drug court interventions, the effectiveness of the Engaging Moms Program (EMP) versus intensive case management services (ICMS) on multiple outcomes for mothers enrolled in family drug court was investigated. In this intent-to-treat study, mothers (N = 62) were randomly assigned to either usual drug court care or the Engaging Moms drug court program. Mothers were assessed at intake, and 3, 6, 12, and 18 months following intake. Results indicated that at 18 months post drug court enrollment, 77% of mothers assigned to EMP versus 55% of mothers assigned to ICMS had positive child welfare dispositions. There were statistically significant time effects for both intervention groups on multiple outcomes including substance use, mental health, parenting practices, and family functioning. EMP showed equal or better improvement than ICMS on all outcomes. The results suggest that EMP in family drug court is a viable and promising intervention approach to reduce maternal addiction and child maltreatment. PMID:20116961

  1. 21 CFR 20.86 - Disclosure in administrative or court proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... SERVICES GENERAL PUBLIC INFORMATION Limitations on Exemptions § 20.86 Disclosure in administrative or court proceedings. Data and information otherwise exempt from public disclosure may be revealed in Food and Drug... 21 Food and Drugs 1 2010-04-01 2010-04-01 false Disclosure in administrative or court proceedings...

  2. 21 CFR 20.86 - Disclosure in administrative or court proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... SERVICES GENERAL PUBLIC INFORMATION Limitations on Exemptions § 20.86 Disclosure in administrative or court proceedings. Data and information otherwise exempt from public disclosure may be revealed in Food and Drug... 21 Food and Drugs 1 2013-04-01 2013-04-01 false Disclosure in administrative or court proceedings...

  3. 21 CFR 20.86 - Disclosure in administrative or court proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... SERVICES GENERAL PUBLIC INFORMATION Limitations on Exemptions § 20.86 Disclosure in administrative or court proceedings. Data and information otherwise exempt from public disclosure may be revealed in Food and Drug... 21 Food and Drugs 1 2011-04-01 2011-04-01 false Disclosure in administrative or court proceedings...

  4. 21 CFR 20.86 - Disclosure in administrative or court proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... SERVICES GENERAL PUBLIC INFORMATION Limitations on Exemptions § 20.86 Disclosure in administrative or court proceedings. Data and information otherwise exempt from public disclosure may be revealed in Food and Drug... 21 Food and Drugs 1 2012-04-01 2012-04-01 false Disclosure in administrative or court proceedings...

  5. 21 CFR 20.86 - Disclosure in administrative or court proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... SERVICES GENERAL PUBLIC INFORMATION Limitations on Exemptions § 20.86 Disclosure in administrative or court proceedings. Data and information otherwise exempt from public disclosure may be revealed in Food and Drug... 21 Food and Drugs 1 2014-04-01 2014-04-01 false Disclosure in administrative or court proceedings...

  6. 20 CFR 405.510 - Claims remanded by a Federal court.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 20 Employees' Benefits 2 2012-04-01 2012-04-01 false Claims remanded by a Federal court. 405.510 Section 405.510 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Judicial Review § 405.510 Claims remanded by a Federal court. When a...

  7. 20 CFR 405.510 - Claims remanded by a Federal court.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  8. Court of Public Opinion

    ERIC Educational Resources Information Center

    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.…

  9. Supreme Court of the United States Syllabus: Hortonville Joint School District No. 1 et al. v. Hortonville Education Assn. et al. Certiorari to the Supreme Court of Wisconsin. No. 74-1606. Argued February 23-24, 1976--Decided June 17, 1976.

    ERIC Educational Resources Information Center

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

    This publication presents the full text of the U.S. Supreme Court's decision in Hortonville Joint School District No. 1 et al. v. Hortonville Education Association et al., as written by Chief Justice Burger. Also included is the text of the dissenting opinion written by Justice Stewart, as well as a brief syllabus that summarizes the major issues…

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

    ERIC Educational Resources Information Center

    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.…

  11. Supreme Court Ethics Act of 2013

    THOMAS, 113th Congress

    Rep. Slaughter, Louise McIntosh [D-NY-25

    2013-08-01

    House - 09/13/2013 Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

  12. Protecting Seriously Mistreated Children: Time Delays in a Court Sample.

    ERIC Educational Resources Information Center

    Bishop, Sandra J.; And Others

    1992-01-01

    The progress of 206 severely abused or neglected children through the Boston (Massachusetts) court system was examined. Overall, children were in the system an average of 5 years before resolution with about 1.5 years following arraignment in juvenile court. No meaningful pattern was found which could predict delays. (Author/DB)

  13. Juvenile Drug Court: Enhancing Outcomes by Integrating Evidence-Based Treatments

    ERIC Educational Resources Information Center

    Henggeler, Scott W.; Halliday-Boykins, Colleen A.; Cunningham, Phillippe B.; Randall, Jeff; Shapiro, Steven B.; Chapman, Jason E.

    2006-01-01

    Evaluated the effectiveness of juvenile drug court for 161 juvenile offenders meeting diagnostic criteria for substance abuse or dependence and determined whether the integration of evidence-based practices enhanced the outcomes of juvenile drug court. Over a 1-year period, a four-condition randomized design evaluated outcomes for family court…

  14. 38 CFR 20.1410 - Rule 1410. Stays pending court action.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... court action. 20.1410 Section 20.1410 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS... Clear and Unmistakable Error § 20.1410 Rule 1410. Stays pending court action. The Board will stay its consideration of a motion under this subpart upon receiving notice that the Board decision that is the subject...

  15. 38 CFR 20.1410 - Rule 1410. Stays pending court action.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... court action. 20.1410 Section 20.1410 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS... Clear and Unmistakable Error § 20.1410 Rule 1410. Stays pending court action. The Board will stay its consideration of a motion under this subpart upon receiving notice that the Board decision that is the subject...

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

    ERIC Educational Resources Information Center

    Shaw, Brian C.; Hyde, W. Brent

    1998-01-01

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

  17. Competency courts: a creative solution for restoring competency to the competency process.

    PubMed

    Finkle, Michael J; Kurth, Russell; Cadle, Christopher; Mullan, Jessica

    2009-01-01

    It is well accepted that jail is a poor setting for treating the acutely mentally ill, yet the number of mentally ill persons in jail has increased such that Los Angeles County Jail and Riker's Island in New York house more mentally ill than any psychiatric hospital. The number of mentally ill persons charged with a crime whose competency to stand trial is in question has also increased dramatically. Inefficiencies within the competency process result in mentally ill persons charged with crimes remaining in jail longer than necessary. One solution is "competency court", a specialty court within a mental health court. The same judges, attorneys, and mental health professionals staff both courts. By combining their Mental Health Court experience, they can work with the mentally ill using their expertise in competency law and processes, and thereby improve the competency process and reduce the unnecessary time that mentally ill persons spend in jail. (c) 2009 John Wiley & Sons, Ltd.

  18. [Analysis of the causes of visual disability based on medical court opinions].

    PubMed

    Czepita, Damian; Zejmo, Maria

    2005-01-01

    To determine visual invalidity causes based on medical-court opinions. An analysis of 337 medical-court opinions requested by the Public Insurance Department of the State Court in Szczecin has been carried out. The opinions concerned 189 men and 148 women at the age ranging from 23 to 96 years old. The average age was 52 years. The causes of appeals have been analyzed as well as admitted welfare assistance due to disablement and none self-reliance. It was found that a trauma of an eye was the most frequent cause of applying a request for acknowledgment of partial disablement (13.4%) or complete disablement (25.8%). The most frequent reason of being not self-reliant was glaucoma (16.4%). It has been observed that the most often accepted by court cause of partial disablement was the undergoing of an eye injury (22.8%). Glaucoma was the most often accepted by court cause of complete disablement (17%) and none self-reliance (15.4%).

  19. Youth Court: A Community Solution for Embracing At-Risk Youth. A National Update

    ERIC Educational Resources Information Center

    Pearson, Sarah S.; Jurich, Sonia

    2005-01-01

    Youth court, also called teen court, peer jury, or student court, is an alternative to the traditional juvenile justice system and school disciplinary proceedings that empower youth and communities to take an active role in addressing the early stages of youth delinquency. The program provides communities with an opportunity to ensure immediate…

  20. Mental health court and assisted outpatient treatment: perceived coercion, procedural justice, and program impact.

    PubMed

    Munetz, Mark R; Ritter, Christian; Teller, Jennifer L S; Bonfine, Natalie

    2014-03-01

    Mandated community treatment has been proposed as a mechanism to engage people with severe and persistent mental disorders in treatment. Recently, two approaches to mandate treatment through the courts have been highlighted: assisted outpatient treatment (AOT) and mental health court programs. This study examined levels of perceived coercion, procedural justice, and the impact of the program (mental health court or AOT) among participants in a community treatment system. Data were analyzed from interviews with former AOT participants who were no longer under court supervision (N=17) and with graduates of a mental health court program (N=35). The MacArthur Admission Experience Survey, created to measure perceived coercion, procedural justice, and program impact on hospital admission, was modified to include judges and case managers. Mental health court graduates perceived significantly less coercion and more procedural justice in their interactions with the judge than did AOT participants. No significant difference was found between mental health court and AOT participants in perceptions of procedural justice in interactions with their case managers. Mental health court participants felt more respected and had more positive feelings about the program than did AOT participants. Both mental health courts and AOT programs have potentially coercive aspects. Findings suggest that judges and case managers can affect participants' perceptions of these programs by the degree to which they demonstrate procedural justice, a process that may affect the long-term effects of the programs on individuals.

  1. Youth Courts and Their Educational Value: An Examination of Youth Courts in Chester, Pennsylvania

    ERIC Educational Resources Information Center

    Norton, Michael H.; Gold, Eva; Peralta, Renata

    2013-01-01

    The Stoneleigh Foundation of Philadelphia has historically focused its strategic investments on improving outcomes for youth involved or at risk of involvement in the juvenile justice and child welfare systems. Stoneleigh began its support for youth courts by providing a fellowship award from 2009 to 2011 to public interest lawyer Gregory Volz to…

  2. [Legitimizing and responsibilities of public health reports: public health reports or social court reports?].

    PubMed

    Borgers, D; Streich, W

    1996-11-01

    Since 1970 various initiatives have been taken to improve the information bases of health reporting. However, the efforts made up to now by the Länder, the Federal Government and its corporate bodies are characterised by a lack of experience and shortage of resources; moreover, they are viewed with a critical eye by the public and in the political area. In this contribution the authors describe various topics and delimitations of a health reporting system which go far beyond health statistics and health programmes altogether. The chances of a national health reporting system are based on the assumption that an objective judgement based on expert knowledge and science will be possible and that beyond all particularistic interests, expert knowledge can be organised in a democratic process. Public health reporting varies between two extremes: On the one hand, the current reporting in the media on health-related subjects which is characterised by disagreement among experts, particularistic interests and emotions, and on the other hand the national health reporting, which, on the platform of policy marketing and political image shaping, is suspected of degenerating to a kind of "royal court reporting". A health reporting system based on expert knowledge and characterised by topics with relevance to health policy, expert quality of its information and neutrality to particularistic interests, should go beyond these two extremes. Given the political conditions of budgeting and distribution conflicts, health reporting has to deal with two main aspects: effectiveness and efficiency of employed resources and with the problems of a fair distribution of these resources to provide equal chances in the health sector. What cannot be solved, by questions of procedure, however, is the problem of truth and objective knowledge as well as the problem of confidence. If the general public lacks confidence in national expert knowledge, a society discourse will not lead to political

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

    ERIC Educational Resources Information Center

    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…

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

    ERIC Educational Resources Information Center

    Stahl, Anne L.

    2006-01-01

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

  5. NESSUS/EXPERT - An expert system for probabilistic structural analysis methods

    NASA Technical Reports Server (NTRS)

    Millwater, H.; Palmer, K.; Fink, P.

    1988-01-01

    An expert system (NESSUS/EXPERT) is presented which provides assistance in using probabilistic structural analysis methods. NESSUS/EXPERT is an interactive menu-driven expert system that provides information to assist in the use of the probabilistic finite element code NESSUS/FEM and the fast probability integrator. NESSUS/EXPERT was developed with a combination of FORTRAN and CLIPS, a C language expert system tool, to exploit the strengths of each language.

  6. Resumes de texte en langue maternelle et en langue seconde: Differences dans l'application des macroregles entre experts et etudiants de differents niveaux universitaires (Test Summaries in the Mother Tongue and in a Second Language: Differences in the Application of Macrorules between Experts and University Students of Various Levels).

    ERIC Educational Resources Information Center

    Corbeil, Giselle

    2001-01-01

    Analyzes differences between experts and university students of various academic levels in the application of the macrorules of deletion, generalization, and construction of text summaries. Learners of French as a second language wrote summaries of a French text in French as well as in English, their mother tongue, while professors of French and…

  7. Tried as an adult, housed as a juvenile: a tale of youth from two courts incarcerated together.

    PubMed

    Bechtold, Jordan; Cauffman, Elizabeth

    2014-04-01

    Research has questioned the wisdom of housing juveniles who are convicted in criminal court in facilities with adult offenders. It is argued that minors transferred to criminal court should not be incarcerated with adults, due to a greater likelihood of developing criminal skills, being victimized, and attempting suicide. Alternatively, it has been suggested that the other option, housing these youth with minors who have committed less serious crimes and who are therefore adjudicated in juvenile courts, might have unintended consequences for juvenile court youth. The present study utilizes a sample of youth incarcerated in one secure juvenile facility, with some offenders processed in juvenile court (n = 261) and others processed in adult court (n = 103). We investigate whether youth transferred to adult court engage in more institutional offending (in particular, violence) and experience less victimization than their juvenile court counterparts. Results indicate that although adult court youth had a greater likelihood of being convicted of violent commitment offenses than juvenile court youth, the former engaged in less offending during incarceration than the latter. In addition, no significant differences in victimization were observed. These findings suggest that the concern about the need for separate housing for adult court youth is unfounded; when incarcerated together, those tried in adult court do not engage in more institutional violence than juvenile court youth. PsycINFO Database Record (c) 2014 APA, all rights reserved.

  8. Where to Put the Manicules: A Theory of Expert Reading

    ERIC Educational Resources Information Center

    Horning, Alice S.

    2011-01-01

    Manicules are hand-drawn symbols used by medieval readers to mark important parts of a text. Knowing where to place manicules is one characteristic of an expert reader. A meta-cognitive theory of expert reading helps to account for what readers know that allows them to place manicules appropriately. This theory proposes that expert readers are…

  9. A Prediction for the Outcome of Press-Enterprise Co. v. Superior Court (II).

    ERIC Educational Resources Information Center

    Schwartz, Thomas A.

    To determine whether U.S. Supreme Court judges have a systematic attitude toward court cases dealing with the law of newsgathering and fair trial-free press, and whether that attitude can help predict the outcome of the pending case Press-Enterprise Co. v. Superior Court (II), this paper applies an attitudinal theory from the field of social…

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

    ERIC Educational Resources Information Center

    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…

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

    ERIC Educational Resources Information Center

    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…

  12. Equal Justice Under Law: The Supreme Court in American Life.

    ERIC Educational Resources Information Center

    Harrell, Mary Ann

    The document describes the establishment, development, procedures, and some landmark cases of the U.S. Supreme Court. The objective is to explore the history of the court and to explain its role in the American system of government. The booklet is presented in four chapters. The first chapter, entitled "A Heritage of Law," offers…

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

    ERIC Educational Resources Information Center

    Greenlaw, Paul S.; Swanson, Austin D.

    1994-01-01

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

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

    PubMed

    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.

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

    PubMed

    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.

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

    PubMed

    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.

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

    ERIC Educational Resources Information Center

    Levin, Betsy

    1975-01-01

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

  18. North Carolina court affirms conviction of HIV-positive rapist.

    PubMed

    1999-03-05

    The North Carolina Court of Appeals upheld the conviction of [name removed] [name removed], convicted of raping a 12-year-old girl. The defense had claimed that in admitting testimony about [name removed]'s AIDS diagnosis, the court prejudiced the jury against [name removed] was sentenced to 35 to 42.75 years in prison on the rape charge, and 22 to 32 months for an indecent liberties charge. Because of [name removed]'s HIV infection, indictments were made against him for attempted murder and assault with a deadly weapon. Those charges were dropped during the trial. The Court of Appeals refused to look into the case because the argument made in the appeal differed from the argument made at the original trial. The girl involved in the case received AZT prophylaxis following the rape and has not tested positive.

  19. Virginia Court, Rejecting Lawsuits, Says Randolph College Can Admit Men

    ERIC Educational Resources Information Center

    Masterson, Kathryn

    2008-01-01

    The Supreme Court of Virginia has ruled in favor of Randolph College in two lawsuits brought by students and alumnae donors upset that the institution, formerly Randolph-Macon Woman's College, went coed last fall. In one case, the court ruled against a group of students who argued that the decision to enroll men was a breach of contract. The…

  20. We the Students: Supreme Court Cases for and about Students.

    ERIC Educational Resources Information Center

    Raskin, Jamin B.

    This casebook intends to show young people that their rights, their way of life, and indeed sometimes their very life, can depend on one remarkable document, the Constitution of the United States. The casebook is about the United States Constitution and how the Supreme Court and lower courts have interpreted it to govern the lives of U.S. public…

  1. The Camera Comes to Court.

    ERIC Educational Resources Information Center

    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…

  2. Oregon Supreme Court Ruling Prohibits Hospital from Refusing a Sell Order.

    PubMed

    Chien, Joseph; Mobbs, Karl E

    2016-03-01

    In a recent decision involving a capital murder case, Oregon State Hospital v. Butts, the Oregon Supreme Court conducted a mandamus hearing to ascertain whether Oregon State Hospital (OSH) had a legal duty to comply with a Sell order from a county trial court to provide antipsychotic medications to an incompetent defendant, despite its belief, as an institution, that medication was not clinically indicated. The case is reviewed and important implications, including the court's being granted the ability to circumvent the medical decision-making process, are discussed. © 2016 American Academy of Psychiatry and the Law.

  3. Who Establishes the Presence of a Mental Disorder in Defendants? Medicolegal Considerations on a European Court of Human Rights Case

    PubMed Central

    Kooijmans, Tijs; Meynen, Gerben

    2017-01-01

    Legal insanity is a peculiar element of criminal law, because it brings together two very different disciplines: psychiatry and psychology on the one hand and the law on the other. One of the basic questions regarding evaluations of defendants concerns the question of who should establish “true mental disorder,” the judge or the behavioral expert? This question is complicated, and in this contribution it will be explored based on a Dutch case that was eventually decided by the European Court of Human Rights (ECtHR). We will argue that the ECtHR provides a valuable legal framework. Based on its merits, the framework could also be of interest to countries outside the Court’s jurisdiction. PMID:29085306

  4. The Oregon Court of Appeals and the State Civil Commitment Statute.

    PubMed

    Bloom, Joseph D; Britton, Juliet; Berry, Wil

    2017-03-01

    In 1973 the Oregon Legislature passed a major revision of its civil commitment law adopting changes that mirrored those taking place across the United States. The new sections offered significant protections of the rights of individuals who are alleged to have mental illness, a limitation on the length of commitment, the adoption of both dangerousness and gravely disabled type commitment criteria and the adoption of "beyond a reasonable doubt" as the standard of proof for commitment hearings. From 1973 to the present time, the Oregon Court of Appeals adjudicated a large number of appeals emanating from civil commitment courts. This article is based on a review of 98 written Oregon Court of Appeals commitment decisions from the years 1998 through 2015 and is accompanied by a review of legislative intent in 1973. It appears that the court of appeals has significantly altered the 1973 legislative changes by moving the dangerousness criteria to imminence and the gravely disabled criteria to a focus on survival. Empirically, civil commitment has dramatically decreased in Oregon over a 40-year period and the case law, as developed by Oregon Court of Appeals, has had a significant contributing role in this reduction. © 2017 American Academy of Psychiatry and the Law.

  5. Supreme Court strikes down Montana's sodomy law.

    PubMed

    1997-08-08

    The Montana Supreme Court struck down the State's sodomy law and ruled that the law violates the State constitutional right to privacy. Until this ruling, all homosexual relations were labeled deviate sexual conduct, punishable by a $50,000 fine and 10 years in prison. No one had been prosecuted under the law since it was enacted in 1973, but its existence placed gay men and lesbians at risk of prosecution. The high court was not persuaded by the State's argument that the sodomy law was permissible because it prevented HIV infection and preserved public morality, largely because the law was enacted a decade before the first case of AIDS was reported in Montana.

  6. Circuit courts clash over HIV in the workplace.

    PubMed

    1997-09-19

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

  7. California drug courts: outcomes, costs and promising practices: an overview of Phase II in a statewide study.

    PubMed

    Carey, Shannon M; Finigan, Michael; Crumpton, Dave; Waller, Mark

    2006-11-01

    The rapid expansion of drug courts in California and the state's uncertain fiscal climate highlighted the need for definitive cost information on drug court programs. This study focused on creating a research design that can be utilized for statewide and national cost-assessment of drug courts by conducting in-depth case studies of the costs and benefits in nine adult drug courts in California. A Transactional Institutional Costs Analysis (TICA) approach was used, allowing researchers to calculate costs based on every individual's transactions within the drug court or the traditional criminal justice system. This methodology also allows the calculation of costs and benefits by agency (e.g., Public Defender's office, court, District Attorney). Results in the nine sites showed that the majority of agencies save money in processing an offender though drug court. Overall, for these nine study sites, participation in drug court saved the state over 9 million dollars in criminal justice and treatment costs due to lower recidivism in drug court participants. Based on the lessons learned in Phases I and II, Phase III of this study focuses on the creation of a web-based drug court cost self-evaluation tool (DC-CSET) that drug courts can use to determine their own costs and benefits.

  8. Changing the Constitutional Landscape for Firearms: The US Supreme Court's Recent Second Amendment Decisions

    PubMed Central

    Rutkow, Lainie; Webster, Daniel W.; Teret, Stephen P.

    2011-01-01

    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. PMID:21940936

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

    PubMed

    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.

  10. Court refuses to reconsider Hydro-Quebec case

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Not Available

    1993-02-01

    A US court has denied a request that it reconsider a decision upholding Hydro-Quebec's $4 billion sale of 340 MW to 16 Vermont utilities. The Vermont Supreme Court issued the decision in October, rejecting arguments that the contract would result in construction of Hydro-Quebec's giant Grande Baleine (Great Whale) hydroelectric development, flooding Creek Indian lands and harming waterfowl. The Vermont Public Service Board endorsed the 340-MW sale - the continuation of a previous sale - to 24 utilities in 1990, but rejected sale of an additional 110 MW without more proof that the power is needed and that its generationmore » would not cause undue environmental damage. Since 1990, one utility merged with another, and seven withdrew from the contract, leaving 16 buyers. The New England Coalition for Energy Efficiency and the Environment and the Grand Council of the Cree appealed the Public Service Board approval. The high court agreed with the Public Service Board that the 340-MW purchase - a fraction of Hydro-Quebec's total 24,000-MW output - is a continuation of an earlier purchase and that no new construction at James Bay is necessary to supply the power. That finding undercut arguments about Grande Baleine's effects on the Cree.« less

  11. Associative priming effects with visible, transposed-letter nonwords: JUGDE facilitates COURT.

    PubMed

    Perea, Manuel; Palti, Dafna; Gomez, Pablo

    2012-04-01

    Associative priming effects can be obtained with masked nonword primes or with masked pseudohomophone primes (e.g., judpe-COURT, tode-FROG), but not with visible primes. The usual explanation is that when the prime is visible, these stimuli no longer activate the semantic representations of their base words. Given the important role of transposed-letter stimuli (e.g., jugde) in visual word recognition, here we examined whether or not an associative priming effect could be obtained with visible transposed-letter nonword primes (e.g., jugde-COURT) in a series of lexical decision experiments. Results showed a sizable associative priming effect with visible transposed-letter nonword primes (i.e., jugde-COURT faster than neevr-COURT) in Experiments 1-3 that was close to that with word primes. In contrast, we failed to find a parallel effect with replacement-letter nonword primes (Experiment 2). These findings pose some constraints to models of visual word recognition.

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

    PubMed

    Pereira, Daniel J; Kunin, Stephen G

    2014-12-04

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

  13. Alternative court procedures for DUI offenders.

    DOT National Transportation Integrated Search

    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 ...

  14. The Activity Profile of Young Tennis Athletes Playing on Clay and Hard Courts: Preliminary Data.

    PubMed

    Adriano Pereira, Lucas; Freitas, Victor; Arruda Moura, Felipe; Saldanha Aoki, Marcelo; Loturco, Irineu; Yuzo Nakamura, Fábio

    2016-04-01

    The aim of this study was to compare the kinematic characteristics of tennis matches between red clay and hard courts in young tennis players. Eight young tennis players performed two tennis matches on different court surfaces. The match activities were monitored using GPS units. The distance covered in different velocity ranges and the number of accelerations were analyzed. The paired t test and inference based on magnitudes were used to compare the match physical performance between groups. The total distance (24% of difference), high-intensity running distance (15 - 18 km/h) (30% of difference), the number of high-intensity activities (44% of difference), the body load (1% of difference), and accelerations >1.5 g (1.5-2 g and >2 g 7.8 and 8.1 % of difference, respectively) were significantly greater in clay court than hard court matches ( p < 0.05). Matches played on the red clay court required players to cover more total and high-intensity running distances and engage in more high-intensity activities than the matches played on the hard court. Finally, on the clay court the body load and the number of accelerations performed (>1.5 g) were possibly higher than on the hard court.

  15. The Activity Profile of Young Tennis Athletes Playing on Clay and Hard Courts: Preliminary Data

    PubMed Central

    Adriano Pereira, Lucas; Freitas, Victor; Arruda Moura, Felipe; Saldanha Aoki, Marcelo; Loturco, Irineu

    2016-01-01

    Abstract The aim of this study was to compare the kinematic characteristics of tennis matches between red clay and hard courts in young tennis players. Eight young tennis players performed two tennis matches on different court surfaces. The match activities were monitored using GPS units. The distance covered in different velocity ranges and the number of accelerations were analyzed. The paired t test and inference based on magnitudes were used to compare the match physical performance between groups. The total distance (24% of difference), high-intensity running distance (15 - 18 km/h) (30% of difference), the number of high-intensity activities (44% of difference), the body load (1% of difference), and accelerations >1.5 g (1.5-2 g and >2 g 7.8 and 8.1 % of difference, respectively) were significantly greater in clay court than hard court matches (p < 0.05). Matches played on the red clay court required players to cover more total and high-intensity running distances and engage in more high-intensity activities than the matches played on the hard court. Finally, on the clay court the body load and the number of accelerations performed (>1.5 g) were possibly higher than on the hard court. PMID:28149359

  16. 26 CFR 301.7481-1 - Date when Tax Court decision becomes final; decision modified or reversed.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... the Supreme Court directs that the decision of the Tax Court be modified or reversed, the decision of... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Date when Tax Court decision becomes final... Proceedings Civil Actions by the United States § 301.7481-1 Date when Tax Court decision becomes final...

  17. 9 CFR 205.211 - Applicability of court decisions under the UCC.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... the UCC. 205.211 Section 205.211 Animals and Animal Products GRAIN INSPECTION, PACKERS AND STOCKYARDS... OF FARM PRODUCTS Interpretive Opinions § 205.211 Applicability of court decisions under the UCC. (a) Court decisions under the Uniform Commercial Code (UCC), about the scope of the “farm products...

  18. 9 CFR 205.211 - Applicability of court decisions under the UCC.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... the UCC. 205.211 Section 205.211 Animals and Animal Products GRAIN INSPECTION, PACKERS AND STOCKYARDS... OF FARM PRODUCTS Interpretive Opinions § 205.211 Applicability of court decisions under the UCC. (a) Court decisions under the Uniform Commercial Code (UCC), about the scope of the “farm products...

  19. 9 CFR 205.211 - Applicability of court decisions under the UCC.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... the UCC. 205.211 Section 205.211 Animals and Animal Products GRAIN INSPECTION, PACKERS AND STOCKYARDS... OF FARM PRODUCTS Interpretive Opinions § 205.211 Applicability of court decisions under the UCC. (a) Court decisions under the Uniform Commercial Code (UCC), about the scope of the “farm products...

  20. 9 CFR 205.211 - Applicability of court decisions under the UCC.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... the UCC. 205.211 Section 205.211 Animals and Animal Products GRAIN INSPECTION, PACKERS AND STOCKYARDS... OF FARM PRODUCTS Interpretive Opinions § 205.211 Applicability of court decisions under the UCC. (a) Court decisions under the Uniform Commercial Code (UCC), about the scope of the “farm products...

  1. 9 CFR 205.211 - Applicability of court decisions under the UCC.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... the UCC. 205.211 Section 205.211 Animals and Animal Products GRAIN INSPECTION, PACKERS AND STOCKYARDS... OF FARM PRODUCTS Interpretive Opinions § 205.211 Applicability of court decisions under the UCC. (a) Court decisions under the Uniform Commercial Code (UCC), about the scope of the “farm products...

  2. The Supreme Court at the Bar of History: A Bibliographic Essay.

    ERIC Educational Resources Information Center

    Stephenson, D. Grier, Jr.

    1998-01-01

    Presents a bibliographic essay surveying research and literature on the United States Supreme Court. Divides literature on the Court into six categories: (1) constitutional interpretation; (2) general and period histories; (3) biographies; (4) case studies; (5) judicial process; and (6) reference works. Includes a four-page bibliography. (DSK)

  3. An examination of stakeholder attitudes and understanding of therapeutic jurisprudence in a mental health court.

    PubMed

    Lim, Loraine; Day, Andrew

    2016-01-01

    Mental health courts represent a key component of contemporary responses to mental illness and disability in the criminal justice system, and yet there is uncertainty about how these courts should balance their punishment and treatment roles. This paper reports an analysis of interviews with court professionals which considers their understanding of the rationale underpinning an Australian mental health court, its effectiveness in achieving its criminal justice and clinical goals, and of broader notions of therapeutic jurisprudence. This reveals considerable support for diversionary mental health court programs of this type and professional confidence that this type of program is effective. However, the analysis also highlights conflict in the practice frameworks of the different professional groups who regularly contribute to the operations of the court. Suggestions to enhance service delivery are offered. Copyright © 2016 Elsevier Ltd. All rights reserved.

  4. 25 CFR 11.200 - What is the composition of the Court of Indian Offenses?

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 25 Indians 1 2013-04-01 2013-04-01 false What is the composition of the Court of Indian Offenses? 11.200 Section 11.200 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration...

  5. 25 CFR 11.201 - How are magistrates for the Court of Indian Offenses appointed?

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 25 Indians 1 2012-04-01 2011-04-01 true How are magistrates for the Court of Indian Offenses appointed? 11.201 Section 11.201 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration...

  6. 25 CFR 11.200 - What is the composition of the Court of Indian Offenses?

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 25 Indians 1 2011-04-01 2011-04-01 false What is the composition of the Court of Indian Offenses? 11.200 Section 11.200 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration...

  7. 25 CFR 11.200 - What is the composition of the Court of Indian Offenses?

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 25 Indians 1 2012-04-01 2011-04-01 true What is the composition of the Court of Indian Offenses? 11.200 Section 11.200 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration...

  8. 25 CFR 11.201 - How are magistrates for the Court of Indian Offenses appointed?

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 25 Indians 1 2013-04-01 2013-04-01 false How are magistrates for the Court of Indian Offenses appointed? 11.201 Section 11.201 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration...

  9. 25 CFR 11.201 - How are magistrates for the Court of Indian Offenses appointed?

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 25 Indians 1 2014-04-01 2014-04-01 false How are magistrates for the Court of Indian Offenses appointed? 11.201 Section 11.201 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration...

  10. 25 CFR 11.200 - What is the composition of the Court of Indian Offenses?

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 25 Indians 1 2014-04-01 2014-04-01 false What is the composition of the Court of Indian Offenses? 11.200 Section 11.200 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration...

  11. 25 CFR 11.201 - How are magistrates for the Court of Indian Offenses appointed?

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 25 Indians 1 2011-04-01 2011-04-01 false How are magistrates for the Court of Indian Offenses appointed? 11.201 Section 11.201 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration...

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

    PubMed

    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.

  13. [On the work of Austrian authorised experts on procedures in custodial and visiting rights--a survey of current practice from the parents and children view].

    PubMed

    Vöelkl-Kernstock, Sabine; Bein, Nicolas; Gutschner, Daniel; Klicpera, Christian; Ponocny-Seliger, Elisabeth; Friedrich, Max H

    2008-01-01

    Children who are involved in their parents' contentious separations, and about whom custody or visiting rights have become a matter of legal dispute, often demonstrate changes in behaviour, sometimes to the extent that these changes develop into noticeable psychological problems. Where custody and visiting rights are in dispute the expert child psychological/psychiatric evaluator appraises the family and recognises the suffering of the children involved, but is unable to intervene to treat the child for they have only been authorised to provide an appraisal. The goal of this study is to determine the extent to which an expert's evaluation provides the opportunity to intervene with the child's parents, and to what extent it offers a greater insight and understanding of the child's behaviour. The study also aims to record the children's own attitude to the expert evaluation. With the support of each Austrian district court, 1200 parents involved in custodial proceedings were contacted by post. Likewise, 27 children aged between 6 and 14 years old who were referred to a forensic psychology outpatient's clinic as a result of their parent's highly contentious separations, were recruited as test persons. Parents as well as children were asked to complete an especially designed questionnaire in order to assess the work of the expert evaluator; this took place before the study began and was conducted by an expert who didn;t work at the forensic outpatient clinic of the department of child and adolescent psychiatry. Overall, the parents displayed a high level of dissatisfaction with the expert evaluation procedure. More than a third of those questioned highlighted the lack of information about the psychological and educational contents of the appraisal, and about the way the child is treated in terms of the provisions for custody and visiting rights. A key point of criticism turned out to be the brevity of the discussion with the expert evaluator, whilst the opportunity to

  14. Bacterial communities on food court tables and cleaning equipment in a shopping mall.

    PubMed

    Dingsdag, S; Coleman, N V

    2013-08-01

    The food court at a shopping mall is a potential transfer point for pathogenic microbes, but to date, this environment has not been the subject of detailed molecular microbiological study. We used a combination of culture-based and culture-independent approaches to investigate the types and numbers of bacteria present on food court tables, and on a food court cleaning cloth. Bacteria were found at 10²-10⁵ c.f.u./m² on food court tables and 10¹⁰ c.f.u./m² on the cleaning cloth. Tag-pyrosequencing of amplified 16S rRNA genes revealed that the dominant bacterial types on the cleaning cloth were genera known to include pathogenic species (Stenotrophomonas, Aeromonas), and that these genera were also evident at lower levels on table surfaces, suggesting possible cross-contamination. The evidence suggests a public health threat is posed by bacteria in the food court, and that this may be due to cross-contamination between cleaning equipment and table surfaces.

  15. Expert and non-expert knowledge in medical practice.

    PubMed

    Nordin, I

    2000-01-01

    One problematic aspect of the rationality of medical practice concerns the relation between expert knowledge and non-expert knowledge. In medical practice it is important to match medical knowledge with the self-knowledge of the individual patient. This paper tries to study the problem of such matching by describing a model for technological paradigms and comparing it with an ideal of technological rationality. The professionalised experts tend to base their decisions and actions mostly on medical knowledge while the rationality of medicine also involves just as important elements of the personal evaluation and knowledge of the patients. Since both types of knowledge are necessary for rational decisions, the gap between the expert and the non-expert has to be bridged in some way. A solution to the problem is suggested in terms of pluralism, with the patient as ultimate decision-maker.

  16. [Neurologic-psychiatric expert assessment in 1989 to 1991 social law].

    PubMed

    Ritter, G

    1994-04-01

    With 100 Social Court proceedings instituted in Germany (according to the territory of 1989), there could be shown the law-suits not being based on substantial arguments in two thirds and, therefore not having chances of success in foro. Among medical expert testimonies concerning with psychiatric matters female plaintiffs predominated; in contrast, neurologic testimonies were predominantly requested for males. The proportion of foreigners amounted to 5-15% depending from the matter on which testimony was requested. Mean age of the plaintiffs was approximately 50 years, they had been retired from business life on an average of 3 years before. Two thirds of the plaintiffs briefed an attorney or a representation of interests for instituting legal proceedings; the latter did not result in charges to the plaintiffs. Medical examinations to elaborate the testimony included tests employing technical measures such as neuroimaging in about one third of the cases. Relating to the latter, there is an increasing tendency obviously.

  17. 6 CFR 5.30 - Notice of court-ordered and emergency disclosures.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 6 Domestic Security 1 2010-01-01 2010-01-01 false Notice of court-ordered and emergency disclosures. 5.30 Section 5.30 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY DISCLOSURE OF RECORDS AND INFORMATION Privacy Act § 5.30 Notice of court-ordered and emergency disclosures...

  18. 39 CFR 946.3 - Contraband and property subject to court order.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... TO THE DISPOSITION OF STOLEN MAIL MATTER AND PROPERTY ACQUIRED BY THE POSTAL INSPECTION SERVICE FOR USE AS EVIDENCE § 946.3 Contraband and property subject to court order. Claims submitted with respect... 39 Postal Service 1 2010-07-01 2010-07-01 false Contraband and property subject to court order...

  19. 39 CFR 946.3 - Contraband and property subject to court order.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... TO THE DISPOSITION OF STOLEN MAIL MATTER AND PROPERTY ACQUIRED BY THE POSTAL INSPECTION SERVICE FOR USE AS EVIDENCE § 946.3 Contraband and property subject to court order. Claims submitted with respect... 39 Postal Service 1 2011-07-01 2011-07-01 false Contraband and property subject to court order...

  20. The Supreme Court's Search Ruling.

    ERIC Educational Resources Information Center

    Kelly, Margie

    The 1971 police search of a newspaper office led to the United States Supreme Court's "Zurcher v The Stanford Daily" decision that newspaper offices can permissibly be searched if it is believed that they contain materials that relate to an ongoing criminal investigation. This decision has been viewed by the press as an attack on First…

  1. Results with Open Court Reading.

    ERIC Educational Resources Information Center

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

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

  2. Gender Bias in the Courts.

    ERIC Educational Resources Information Center

    Gill, Wanda E.

    The term gender bias was coined by the National Judicial Education Program to Promote Equality for Women and Men in the Courts and is defined as the predisposition or tendency to think about and behave toward people primarily on the basis of their sex rather than their status, professional accomplishments, or aspirations. An effective method for…

  3. Home Page - Alaska Court System

    Science.gov Websites

    every Friday afternoon » 2018 State of the Judiciary Address: Video | Transcript Search Court Cases accessible and impartial forum for the just resolution of all cases that come before it, and to decide such cases in accordance with the law, expeditiously and with integrity. Message from the Chief Justice

  4. Expert witness evaluation of posttraumatic stress disorder (PTSD) and return to work.

    PubMed

    Precin, Pat

    2011-01-01

    This author was hired by a defendant's attorney as an expert witness in the evaluation of a plaintiff who filed a lawsuit for the loss of her job and concomitant income due to posttraumatic stress disorder (PTSD) symptoms acquired after sustaining a traumatic injury. This writer evaluated her symptoms, level of function, roles, and interests using a variety of assessments. This case study is a report of the evaluation. The results indicated that the plaintiff developed adequate coping mechanisms to manage her symptoms of PTSD in order to function in her diverse and chosen roles of worker, mother, care giver, wife, family member, volunteer, home maintainer, and religious participant even though she did not return to her prior place of employment. Because of these results, the case was settled out of court in the favor of the defendant.

  5. Expert - Non-expert differences in visual behaviour during alpine slalom skiing.

    PubMed

    Decroix, Marjolein; Wazir, Mohd Rozilee Wazir Norjali; Zeuwts, Linus; Deconinck, Frederik F J A; Lenoir, Matthieu; Vansteenkiste, Pieter

    2017-10-01

    The aim of this study was to investigate visual behaviour of expert and non-expert ski athletes during an alpine slalom. Fourteen non-experts and five expert slalom skiers completed an alpine slalom course in an indoor ski slope while wearing a head-mounted eye tracking device. Experts completed the slalom clearly faster than non-experts, but no significant difference was found in timing and position of the turn initiation. Although both groups already looked at future obstacles approximately 0,5s before passing the upcoming pole, the higher speed of experts implied that they shifted gaze spatially earlier in the bend than non-experts. Furthermore, experts focussed more on the second next pole while non-expert slalom skiers looked more to the snow surface immediately in front of their body. No difference was found in the fixation frequency, average fixation duration, and quiet eye duration between both groups. These results suggest that experts focus on the timing of their actions while non-experts still need to pay attention to the execution of these actions. These results also might suggest that ski trainers should instruct non-experts and experts to focus on the next pole and, shift their gaze to the second next pole shortly before reaching it. Based on the current study it seems unadvisable to instruct slalom skiers to look several poles ahead during the actual slalom. However, future research should test if these results still hold on a real outdoor slope, including multiple vertical gates. Copyright © 2017 Elsevier B.V. All rights reserved.

  6. Assessing Legal Strains and Risk of Suicide Using Archived Court Data

    ERIC Educational Resources Information Center

    Cook, Thomas Bradley; Davis, Mark S.

    2012-01-01

    Relatively little is known about legal entanglements and suicide risk. This matched case-control study estimated the risk of suicide associated with legal strains using online court archives, a novel source of exposure data. Court records linked to suicide deaths (N = 315), controls (N = 630), and unintentional injury and poisoning deaths (N =…

  7. In Federal Court, at Least, Comparable Worth Gets a Cool Reception.

    ERIC Educational Resources Information Center

    Zakariya, Sally Banks

    1985-01-01

    The concept of comparable worth bases its legal claims in the Equal Pay Act of 1963, the Civil Rights Act of 1964, and a 1981 decision of the United States Supreme Court. Still, assertions that comparable worth should be invoked to correct wage discrimination have usually been rejected in federal courts. (PGD)

  8. Enhancing the Educational Value of Experiential Learning: The Business Court Project

    ERIC Educational Resources Information Center

    Nees, Anne Tucker; Willey, Susan; Mansfield, Nancy R.

    2010-01-01

    A critical element of an introductory course in business law includes an understanding of the court process and dispute resolution. At Georgia State University (GSU), the authors have required undergraduate business students to make a "court visit" to witness this process in action and to broaden students' basic understanding of the role…

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

    PubMed

    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.

  10. Urine specimen validity test for drug abuse testing in workplace and court settings.

    PubMed

    Lin, Shin-Yu; Lee, Hei-Hwa; Lee, Jong-Feng; Chen, Bai-Hsiun

    2018-01-01

    In recent decades, urine drug testing in the workplace has become common in many countries in the world. There have been several studies concerning the use of the urine specimen validity test (SVT) for drug abuse testing administered in the workplace. However, very little data exists concerning the urine SVT on drug abuse tests from court specimens, including dilute, substituted, adulterated, and invalid tests. We investigated 21,696 submitted urine drug test samples for SVT from workplace and court settings in southern Taiwan over 5 years. All immunoassay screen-positive urine specimen drug tests were confirmed by gas chromatography/mass spectrometry. We found that the mean 5-year prevalence of tampering (dilute, substituted, or invalid tests) in urine specimens from the workplace and court settings were 1.09% and 3.81%, respectively. The mean 5-year percentage of dilute, substituted, and invalid urine specimens from the workplace were 89.2%, 6.8%, and 4.1%, respectively. The mean 5-year percentage of dilute, substituted, and invalid urine specimens from the court were 94.8%, 1.4%, and 3.8%, respectively. No adulterated cases were found among the workplace or court samples. The most common drug identified from the workplace specimens was amphetamine, followed by opiates. The most common drug identified from the court specimens was ketamine, followed by amphetamine. We suggest that all urine specimens taken for drug testing from both the workplace and court settings need to be tested for validity. Copyright © 2017. Published by Elsevier B.V.

  11. Swan Song for the Burger Court.

    ERIC Educational Resources Information Center

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

    1986-01-01

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

  12. Federal Criminal Immigration Courts Act of 2009

    THOMAS, 111th Congress

    Rep. Cuellar, Henry [D-TX-28

    2009-01-08

    House - 02/09/2009 Referred to the Subcommittee on Courts, the Internet, and Intellectual Property. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

  13. "Gertz" and "Firestone": How Courts have Construed the "Public Figure" Criteria.

    ERIC Educational Resources Information Center

    Trager, Robert; Stonecipher, Harry W.

    Since the "New York Times Co. v. Sullivan" decision in 1964, courts have debated the degrees of protection from defamation that should be offered to individuals and the concomitant degree of freedom that the press should have to report on matters of public concern. Most recently, the Supreme Court has attempted to balance these competing…

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

    ERIC Educational Resources Information Center

    Carpenter, Linda J.

    1996-01-01

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

  15. 12 CFR 404.20 - Notice of court-ordered and emergency disclosures.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Notice of court-ordered and emergency disclosures. 404.20 Section 404.20 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES INFORMATION DISCLOSURE Access to Records Under the Privacy Act of 1974 § 404.20 Notice of court-ordered and emergency...

  16. ASBO at 100: A Supreme Court Retrospective on Equal Educational Opportunities

    ERIC Educational Resources Information Center

    Russo, Charles J.

    2009-01-01

    The Supreme Court has played a crucial role in shaping education over ASBO International's first century of existence. Accordingly, this column, the first of two on the Supreme Court and education, inaugurates ASBO's centennial year with a retrospective look at key cases that were litigated in K-12 school settings around the issue of equal…

  17. Examining the links between therapeutic jurisprudence and mental health court completion.

    PubMed

    Redlich, Allison D; Han, Woojae

    2014-04-01

    Research demonstrates that mental health courts (MHCs) lead to improved outcomes compared to traditional criminal court processes. An underlying premise of MHCs is therapeutic jurisprudence (TJ). However, no research, to our knowledge, has examined whether MHC outcomes are predicted by TJ principles as theorized. In the present study, we examined whether principles measured at the onset of MHC enrollment (knowledge, perceived voluntariness, and procedural justice) predicted MHC completion (graduation). Using structural equation modeling with MHC participants from four courts, a significant, direct relationship between TJ and MHC completion was found, such that higher levels of TJ were associated with higher rates of success. Although this direct effect became nonsignificant when mediator variables were included, a significant indirect path remained, such that increased levels of initial perceived voluntariness and procedural justice, and MHC knowledge, led to decreased rates of new arrests, prison, MHC bench warrants, and increased court compliance, which, in turn, led to a higher likelihood of MHC graduation. PsycINFO Database Record (c) 2014 APA, all rights reserved.

  18. Parental Compliance to Court-Ordered Treatment Interventions in Cases of Child Maltreatment.

    ERIC Educational Resources Information Center

    Famularo, Richard; And Others

    1989-01-01

    The study of 136 court cases representing 218 parents of abused or neglected children found parental compliance with court ordered treatment significantly lower in parents presenting with substance abuse and in parents who sexually and/or physically maltreated their children. (Author/DB)

  19. State court rejects estoppel in job accommodation case.

    PubMed

    1997-07-25

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

  20. Hydrology and Ecology Go to Court

    NASA Astrophysics Data System (ADS)

    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

  1. Statistical definition of relapse: case of family drug court.

    PubMed

    Alemi, Farrokh; Haack, Mary; Nemes, Susanna

    2004-06-01

    At any point in time, a patient's return to drug use can be seen either as a temporary event or as a return to persistent use. There is no formal standard for distinguishing persistent drug use from an occasional relapse. This lack of standardization persists although the consequences of either interpretation can be life altering. In a drug court or regulatory situation, for example, misinterpreting relapse as return to drug use could lead to incarceration, loss of child custody, or loss of employment. A clinician who mistakes a client's relapse for persistent drug use may fail to adjust treatment intensity to client's needs. An empirical and standardized method for distinguishing relapse from persistent drug use is needed. This paper provides a tool for clinicians and judges to distinguish relapse from persistent use based on statistical analyses of patterns of client's drug use. To accomplish this, a control chart is created for time-in-between relapses. This paper shows how a statistical limit can be calculated by examining either the client's history or other clients in the same program. If client's time-in-between relapse exceeds the statistical limit, then the client has returned to persistent use. Otherwise, the drug use is temporary. To illustrate the method, it is applied to data from three family drug courts. The approach allows the estimation of control limits based on the client's as well as the court's historical patterns. The approach also allows comparison of courts based on recovery rates.

  2. US: Kansas court strikes down harsher penalty for gay underage sex.

    PubMed

    Klein, Alana

    2006-04-01

    In October 2005, the Kansas Supreme Court struck down a law that would impose harsher penalties for same-sex statutory rape cases than for heterosexual cases. In arriving at its conclusion that the distinction had no rational basis, the Court noted that gay teenage sex is no more likely than adult or heterosexual sex to result in HIV transmission.

  3. The Supreme Court and Educational Policy: The Protected Interests in Education.

    ERIC Educational Resources Information Center

    Uerling, Donald F.

    The nature of the interests in education that are protected by the Constitution may be ascertained by reference to certain due process and equal protection decisions of the Supreme Court reviewed in this paper. Although education is not a right granted by the Constitution, the Court has often recognized the importance of education, both to the…

  4. Methamphetamine Users in a Community-Based Drug Court: Does Gender Matter?

    ERIC Educational Resources Information Center

    Hartman, Jennifer L.; Listwan, Shelley Johnson; Shaffer, Deborah Koetzle

    2007-01-01

    This paper examines men and women methamphetamine (meth) users who participated in a community-based drug court. The treatment of female drug users is a particularly salient issue because of the concerns with relapse and recidivism. For the current study, we studied the impact of the drug court by gender on a group of high-risk/high-need meth…

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

    PubMed

    Denniston, L

    1994-04-28

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

  6. Acquisition of Expert/Non-Expert Vocabulary from Reformulations.

    PubMed

    Antoine, Edwige; Grabar, Natalia

    2017-01-01

    Technical medical terms are complicated to be correctly understood by non-experts. Vocabulary, associating technical terms with layman expressions, can help in increasing the readability of technical texts and their understanding. The purpose of our work is to build this kind of vocabulary. We propose to exploit the notion of reformulation following two methods: extraction of abbreviations and of reformulations with specific markers. The segments associated thanks to these methods are aligned with medical terminologies. Our results allow to cover over 9,000 medical terms and show precision of extractions between 0.24 and 0.98. The results and analyzed and compared with the existing work.

  7. Text mining and expert curation to develop a database on psychiatric diseases and their genes

    PubMed Central

    Gutiérrez-Sacristán, Alba; Bravo, Àlex; Portero-Tresserra, Marta; Valverde, Olga; Armario, Antonio; Blanco-Gandía, M.C.; Farré, Adriana; Fernández-Ibarrondo, Lierni; Fonseca, Francina; Giraldo, Jesús; Leis, Angela; Mané, Anna; Mayer, M.A.; Montagud-Romero, Sandra; Nadal, Roser; Ortiz, Jordi; Pavon, Francisco Javier; Perez, Ezequiel Jesús; Rodríguez-Arias, Marta; Serrano, Antonia; Torrens, Marta; Warnault, Vincent; Sanz, Ferran

    2017-01-01

    Abstract Psychiatric disorders constitute one of the main causes of disability worldwide. During the past years, considerable research has been conducted on the genetic architecture of such diseases, although little understanding of their etiology has been achieved. The difficulty to access up-to-date, relevant genotype-phenotype information has hampered the application of this wealth of knowledge to translational research and clinical practice in order to improve diagnosis and treatment of psychiatric patients. PsyGeNET (http://www.psygenet.org/) has been developed with the aim of supporting research on the genetic architecture of psychiatric diseases, by providing integrated and structured accessibility to their genotype–phenotype association data, together with analysis and visualization tools. In this article, we describe the protocol developed for the sustainable update of this knowledge resource. It includes the recruitment of a team of domain experts in order to perform the curation of the data extracted by text mining. Annotation guidelines and a web-based annotation tool were developed to support the curators’ tasks. A curation workflow was designed including a pilot phase and two rounds of curation and analysis phases. Negative evidence from the literature on gene–disease associations (GDAs) was taken into account in the curation process. We report the results of the application of this workflow to the curation of GDAs for PsyGeNET, including the analysis of the inter-annotator agreement and suggest this model as a suitable approach for the sustainable development and update of knowledge resources. Database URL: http://www.psygenet.org PsyGeNET corpus: http://www.psygenet.org/ds/PsyGeNET/results/psygenetCorpus.tar PMID:29220439

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

    ERIC Educational Resources Information Center

    McCarthy, William Osler

    1979-01-01

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

  9. 5 CFR 890.107 - Court review.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... EMPLOYEES HEALTH BENEFITS PROGRAM Administration and General Provisions § 890.107 Court review. (a) A suit... against the Office of Personnel Management. (c) Federal Employees Health Benefits (FEHB) carriers resolve... judicial review of OPM's final action on the denial of a health benefits claim. A legal action to review...

  10. Sensational Roots: The Police Court Heritage.

    ERIC Educational Resources Information Center

    Francke, Warren

    Part of a broader inquiry into "Investigative Exposure in the Nineteenth Century: The Journalistic Heritage of the Muckrakers," this study traces the evolving reportorial techniques and literary style that gave journalism its form--a form combining strengths and flaws, freedom and inhibitions. Before nineteenth century police court reporting was…

  11. 25 CFR 11.202 - How is a magistrate of the Court of Indian Offenses removed?

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 25 Indians 1 2012-04-01 2011-04-01 true How is a magistrate of the Court of Indian Offenses removed? 11.202 Section 11.202 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration...

  12. 25 CFR 11.202 - How is a magistrate of the Court of Indian Offenses removed?

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 25 Indians 1 2014-04-01 2014-04-01 false How is a magistrate of the Court of Indian Offenses removed? 11.202 Section 11.202 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration...

  13. 25 CFR 11.202 - How is a magistrate of the Court of Indian Offenses removed?

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 25 Indians 1 2011-04-01 2011-04-01 false How is a magistrate of the Court of Indian Offenses removed? 11.202 Section 11.202 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration...

  14. 25 CFR 11.202 - How is a magistrate of the Court of Indian Offenses removed?

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 25 Indians 1 2013-04-01 2013-04-01 false How is a magistrate of the Court of Indian Offenses removed? 11.202 Section 11.202 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration...

  15. Supreme Court Hears Privacy Case Between NASA and Jet Propulsion Laboratory Scientists

    NASA Astrophysics Data System (ADS)

    Showstack, Randy

    2010-10-01

    After NASA put into practice the 2004 Homeland Security Presidential Directive-12, known as HSPD-12, Dennis Byrnes talked to then-NASA administrator Michael Griffin. Byrnes recalls that Griffin told him in 2007 that if he didn’t like the agency's implementation of HSPD-12, he should go to court. That's exactly what Byrnes, an employee of the California Institute of Technology (Caltech) working as a senior engineer at NASA's Jet Propulsion Laboratory (JPL) in Pasadena, Calif., did. Concerned about prying and open-ended background investigations of federal contractors through NASA's implementation of HSPD-12, he, along with lead plaintiff Robert Nelson and 26 other Caltech employees working at JPL, sued NASA. Following several lower court decisions, including an injunction issued by a U.S. federal appeals court in response to a plaintiff motion, the case made it all the way to the U.S. Supreme Court, which heard oral arguments on 5 October.

  16. Court sees no basis to void policy issued to man with HIV.

    PubMed

    1997-08-22

    The Massachusetts Supreme Judicial Court found that Protective Life Insurance Company cannot rescind a policy if it failed to detect fraud within a two-year contestability period. The court ruled that the insurer should have exercised reasonable diligence when conducting the medical exam of [name removed]. [Name removed] one year after he tested positive for HIV-antibodies. [Name removed] lied about his health on the insurance application and omitted the names of the doctors who had been treating him for HIV. [Name removed] authorized the Protective Life Insurance Company to conduct HIV testing but the company never did so. A Federal judge granted judgement in favor of the insurer. After [name removed]'s death, litigation continued. In 1996, the 1st U.S. Circuit Court of Appeals stated that the judge's ruling was premature due to ambiguity in the State law, traced back to 1890, and asked the State Supreme Judicial Court to intervene. The case is being returned to the 1st Circuit for a decision.

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

    ERIC Educational Resources Information Center

    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…

  18. Expert system technology

    NASA Technical Reports Server (NTRS)

    Prince, Mary Ellen

    1987-01-01

    The expert system is a computer program which attempts to reproduce the problem-solving behavior of an expert, who is able to view problems from a broad perspective and arrive at conclusions rapidly, using intuition, shortcuts, and analogies to previous situations. Expert systems are a departure from the usual artificial intelligence approach to problem solving. Researchers have traditionally tried to develop general modes of human intelligence that could be applied to many different situations. Expert systems, on the other hand, tend to rely on large quantities of domain specific knowledge, much of it heuristic. The reasoning component of the system is relatively simple and straightforward. For this reason, expert systems are often called knowledge based systems. The report expands on the foregoing. Section 1 discusses the architecture of a typical expert system. Section 2 deals with the characteristics that make a problem a suitable candidate for expert system solution. Section 3 surveys current technology, describing some of the software aids available for expert system development. Section 4 discusses the limitations of the latter. The concluding section makes predictions of future trends.

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

    ERIC Educational Resources Information Center

    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…

  20. Free Speech for Public Employees: The Supreme Court Strikes a New Balance.

    ERIC Educational Resources Information Center

    Bernheim, Emily

    1986-01-01

    In "Connick vs. Myers" the Supreme Court applied a threshold requirement to an employee's First Amendment protection of free speech: speech must be related to public concerns as determined by the content, form, and context of a given statement. Discusses applications of this decision to lower court cases. (MLF)

  1. Treatment Retention among African Americans in the Dane County Drug Treatment Court

    ERIC Educational Resources Information Center

    Brown, Randall T.; Zuelsdorff, Megan; Gassman, Michele

    2009-01-01

    Drug treatment courts (DTCs) provide substance abuse treatment and case management services to offenders with substance use disorders as an alternative to incarceration. Studies indicate that African Americans less frequently complete DTC programming. The current study analyzed data from the Dane County Drug Treatment Court (n = 573). The study…

  2. Supreme Court in Review--1996-97.

    ERIC Educational Resources Information Center

    Gregory, Gwendolyn H.

    1997-01-01

    In 1996 and 1997, the Supreme Court declared five acts of Congress to be unconstitutional. An overview of these decisions is offered in this article. It opens with a discussion of those acts that violated the First Amendment. These decisions dealt with the constitutionality of Arizona's "official English" statute; the Communications…

  3. The Supreme Court and Public Pressure.

    ERIC Educational Resources Information Center

    Richardson, Scott

    1989-01-01

    Uses recent freedom of expression cases to explore the effect of public opinion and pressure on U.S. Supreme Court rulings, through a simulation for secondary students. Students are assigned a pressure group to represent, discuss the facts in small groups, and formulate their decisions and arguments for class discussion. (LS)

  4. The Auxiliary Medium and the Courts: Judicial Consideration of Cable TV and the First Amendment.

    ERIC Educational Resources Information Center

    Parsons, Patrick R.

    A review of federal court decisions in the area of cable television and First Amendment rights reveals an early, unified perception of cable's First Amendment status that has given way in the past decade to fragmented and often contradictory positions among lower level courts. This makes the problem before the courts today one of choosing from, or…

  5. Medication assisted treatment in US drug courts: results from a nationwide survey of availability, barriers and attitudes.

    PubMed

    Matusow, Harlan; Dickman, Samuel L; Rich, Josiah D; Fong, Chunki; Dumont, Dora M; Hardin, Carolyn; Marlowe, Douglas; Rosenblum, Andrew

    2013-01-01

    Drug treatment courts are an increasingly important tool in reducing the census of those incarcerated for non-violent drug offenses; medication assisted treatment (MAT) is proven to be an effective treatment for opioid addiction. However, little is known about the availability of and barriers to MAT provision for opioid-addicted people under drug court jurisdiction. Using an online survey, we assessed availability, barriers, and need for MAT (especially agonist medication) for opioid addiction in drug courts. Ninety-eight percent reported opioid-addicted participants, and 47% offered agonist medication (56% for all MAT including naltrexone). Barriers included cost and court policy. Responses revealed significant uncertainty, especially among non-MAT providing courts. Political, judicial and administrative opposition appear to affect MAT's inconsistent use and availability in drug court settings. These data suggest that a substantial, targeted educational initiative is needed to increase awareness of the treatment and criminal justice benefits of MAT in the drug courts. Copyright © 2013 Elsevier Inc. All rights reserved.

  6. Behavioral Genetics in Criminal and Civil Courts.

    PubMed

    Sabatello, Maya; Appelbaum, Paul S

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

  7. Assessment of citizen group court monitoring programs

    DOT National Transportation Integrated Search

    1987-03-01

    The purpose of the study is to determine whether the presence of a citizen group court monitoring program within a jurisdiction influences the disposition of driving while intoxicated cases. Initial research identified a number of citizens group cour...

  8. High School Prayers at Graduation: Will the Supreme Court Pronounce the Benediction?

    ERIC Educational Resources Information Center

    Mawdsley, Ralph D.; Russo, Charles J.

    1991-01-01

    The Supreme Court has decided to address the facts in "Lee v. Weisman" involving the validity of graduation prayer. Reviews the opinions of the current justices regarding the role of the tripartite establishment clause "Lemon" test and concludes with a projection of the court's resolution of the "Lee" case. (73…

  9. Appeals Court Gives MIT Another Chance to Prove Benefits of Overlap Group.

    ERIC Educational Resources Information Center

    Jaschik, Scott

    1993-01-01

    A federal appeals court has given the Massachusetts Institute of Technology another chance to prove in court that the Overlap Group, of which MIT was a member, did not violate antitrust laws. The group of 23 colleges set common financial-aid awards for students admitted to more than one institution. (MSE)

  10. Supreme Court Highlights. Bill of Rights in Action, Vol. X, No. 3.

    ERIC Educational Resources Information Center

    Clark, Todd, Ed.

    The student-oriented newsletter provides learning activities, background information, resources, teaching techniques, case studies, and other sources to help high school teachers develop, plan, and implement a course on the Supreme Court in a legal education program. The first chapter examines the role of the Supreme Court in American life,…

  11. Expert Witness: A system for developing expert medical testimony

    NASA Technical Reports Server (NTRS)

    Lewandowski, Raymond; Perkins, David; Leasure, David

    1994-01-01

    Expert Witness in an expert system designed to assist attorneys and medical experts in determining the merit of medical malpractice claims in the area of obstetrics. It substitutes the time of the medical expert with the time of a paralegal assistant guided by the expert system during the initial investigation of the medical records and patient interviews. The product of the system is a narrative transcript containing important data, immediate conclusions from the data, and overall conclusions of the case that the attorney and medical expert use to make decisions about whether and how to proceed with the case. The transcript may also contain directives for gathering additional information needed for the case. The system is a modified heuristic classifier and is implemented using over 600 CLIPS rules together with a C-based user interface. The data abstraction and solution refinement are implemented directly using forward chaining production and matching. The use of CLIPS and C is essential to delivering a system that runs on a generic PC platform. The direct implementation in CLIPS together with locality of inference ensures that the system will scale gracefully. Two years of use has revealed no errors in the reasoning.

  12. Expert Seeker

    NASA Technical Reports Server (NTRS)

    Fernandez, Becerra

    2003-01-01

    Expert Seeker is a computer program of the knowledge-management-system (KMS) type that falls within the category of expertise-locator systems. The main goal of the KMS system implemented by Expert Seeker is to organize and distribute knowledge of who are the domain experts within and without a given institution, company, or other organization. The intent in developing this KMS was to enable the re-use of organizational knowledge and provide a methodology for querying existing information (including structured, semistructured, and unstructured information) in a way that could help identify organizational experts. More specifically, Expert Seeker was developed to make it possible, by use of an intranet, to do any or all of the following: Assist an employee in identifying who has the skills needed for specific projects and to determine whether the experts so identified are available. Assist managers in identifying employees who may need training opportunities. Assist managers in determining what expertise is lost when employees retire or otherwise leave. Facilitate the development of new ways of identifying opportunities for innovation and minimization of duplicated efforts. Assist employees in achieving competitive advantages through the application of knowledge-management concepts and related systems. Assist external organizations in requesting speakers for specific engagements or determining from whom they might be able to request help via electronic mail. Help foster an environment of collaboration for rapid development in today's environment, in which it is increasingly necessary to assemble teams of experts from government, universities, research laboratories, and industries, to quickly solve problems anytime, anywhere. Make experts more visible. Provide a central repository of information about employees, including information that, heretofore, has typically not been captured by the human-resources systems (e.g., information about past projects, patents, or

  13. A Randomized Clinical Trial of Family Therapy in Juvenile Drug Court

    PubMed Central

    Dakof, Gayle A.; Henderson, Craig E.; Rowe, Cynthia L.; Boustani, Maya; Greenbaum, Paul E.; Wang, Wei; Hawes, Samuel; Linares, Clarisa; Liddle, Howard A.

    2016-01-01

    The objective of this article is to examine the effectiveness of 2 theoretically different treatments delivered in juvenile drug court—family therapy represented by multidimensional family therapy (MDFT) and group-based treatment represented by adolescent group therapy (AGT)—on offending and substance use. Intent-to-treat sample included 112 youth enrolled in juvenile drug court (primarily male [88%], and Hispanic [59%] or African American [35%]), average age 16.1 years, randomly assigned to either family therapy (n = 55) or group therapy (n = 57). Participants were assessed at baseline and 6, 12, 18 and 24 months following baseline. During the drug court phase, youth in both treatments showed significant reduction in delinquency (average d = .51), externalizing symptoms (average d = 2.32), rearrests (average d = 1.22), and substance use (average d = 4.42). During the 24-month follow-up, family therapy evidenced greater maintenance of treatment gains than group-based treatment for externalizing symptoms (d = 0.39), commission of serious crimes (d = .38), and felony arrests (d = .96). There was no significant difference between the treatments with respect to substance use or misdemeanor arrests. The results suggest that family therapy enhances juvenile drug court outcomes beyond what can be achieved with a nonfamily based treatment, especially with respect to what is arguably the primary objective of juvenile drug courts: reducing criminal behavior and rearrests. More research is needed on the effectiveness of juvenile drug courts generally and on whether treatment type and family involvement influence outcomes. PMID:25621927

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

    PubMed

    Cozac, David

    2009-12-01

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

  15. Methadone treatment providers' views of drug court policy and practice: a case study of New York State.

    PubMed

    Csete, Joanne; Catania, Holly

    2013-12-05

    Specialized drug treatment courts are a central part of drug-related policy and programs in the United States and increasingly outside the U.S. While in theory they offer treatment as a humane and pragmatic alternative to arrest and incarceration for certain categories of drug offenses, they may exclude some forms of treatment-notably methadone maintenance treatment (MMT). We sought to understand from the perspective of treatment providers whether this exclusion existed and was of public health importance in New York State as a case example of a state heavily committed to drug courts and with varying court-level policies on MMT. Drug courts have been extensively evaluated but not with respect to exclusion of MMT and not from the perspective of treatment providers. Qualitative structured interviews of 15 providers of MMT and 4 NGO advocates in counties with diverse court policies on MMT, with content analysis. Courts in some counties require MMT patients to "taper off" methadone in an arbitrary period or require that methadone be a "bridge to abstinence". Treatment providers repeatedly noted that methadone treatment is stigmatized and poorly understood by some drug court personnel. Some MMT providers feared court practices were fueling non-medical use of prescription opiates. Drug court practices in some jurisdictions are a barrier to access to MMT and may constitute discrimination against persons in need of MMT. These practices should be changed, and drug courts should give high priority to ensuring that treatment decisions are made by or in close consultation with qualified health professionals.

  16. Assisted suicide ruling is flawed. A federal court decision has potentially grave implications for all healthcare workers.

    PubMed

    Moses, M F

    1994-12-01

    Last May a federal judge struck down Washington State's law against assisted suicide on the grounds that it violated the U.S. Constitution. The judge ruled that just as a citizen has a right to refuse life-sustaining medical treatment, so does he or she have a right to request a physician's assistance in committing suicide. The court also concluded that because the decision to end one's life is as intimate and personal as a decision to have an abortion, assisted suicide must also be constitutionally protected. The court is mistaken. A "right" to assisted suicide is described nowhere in the text of the Constitution. Assisted suicide, furthermore, does not occupy a fundamental place in American history and traditions, and therefore cannot be deemed implicit in the constitutional guarantee of due process. Indeed, just the opposite is true: Our history and traditions actively discourage and prohibit assisted suicide. The asserted right to assisted suicide finds no support in cases involving either abortion or termination of medical treatment. Two terms ago, the Supreme Court relied heavily on stare decisis in upholding the abortion right, but there is no line of precedent for a right to assisted suicide. Not all "personal" decisions are constitutionally protected, so the personal nature of suicide does not dispose of the question of its constitutional status. Finally, in equating refusal of medical treatment with suicide, the federal court in Washington State ignores a long line of authority that recognizes a fundamental difference between the two.(ABSTRACT TRUNCATED AT 250 WORDS)

  17. 48 CFR 1352.233-71 - GAO and Court of Federal Claims protests.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 48 Federal Acquisition Regulations System 5 2013-10-01 2013-10-01 false GAO and Court of Federal Claims protests. 1352.233-71 Section 1352.233-71 Federal Acquisition Regulations System DEPARTMENT OF....233-71 GAO and Court of Federal Claims protests. As prescribed in 48 CFR 1333.104-70(a), insert the...

  18. 48 CFR 1352.233-71 - GAO and Court of Federal Claims protests.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 48 Federal Acquisition Regulations System 5 2011-10-01 2011-10-01 false GAO and Court of Federal Claims protests. 1352.233-71 Section 1352.233-71 Federal Acquisition Regulations System DEPARTMENT OF....233-71 GAO and Court of Federal Claims protests. As prescribed in 48 CFR 1333.104-70(a), insert the...

  19. The Public Schools and the Challenge of the Supreme Court's Integration Decision

    ERIC Educational Resources Information Center

    Wells, Amy Stuart; Frankenberg, Erica

    2007-01-01

    This past June, a 5-4 majority of the U.S. Supreme Court declared integration plans in Louisville and Seattle unconstitutional because of their focus on race as one factor in assigning students to schools. The Court's ruling in the "Parents Involved in Community Schools" v. "Seattle School District No. 1" and…

  20. 25 CFR 20.510 - How is the court involved in child placements?

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false How is the court involved in child placements? 20.510 Section 20.510 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR HUMAN SERVICES FINANCIAL ASSISTANCE AND SOCIAL SERVICES PROGRAMS Child Assistance Foster Care § 20.510 How is the court involved in...

  1. 25 CFR 20.510 - How is the court involved in child placements?

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 25 Indians 1 2014-04-01 2014-04-01 false How is the court involved in child placements? 20.510 Section 20.510 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR HUMAN SERVICES FINANCIAL ASSISTANCE AND SOCIAL SERVICES PROGRAMS Child Assistance Foster Care § 20.510 How is the court involved in...

  2. Two courts say ADA doesn't apply in parental rights cases.

    PubMed

    1999-10-01

    State courts in Connecticut and Ohio have ruled that the Americans with Disabilities Act (ADA) cannot be used as a defense against efforts by State child welfare agencies to gain custody of neglected or abused children. The ADA prohibits an individual from being denied access to services, programs, or activities of a public entity, but the courts ruled that the ADA did not apply to parental termination cases. The Connecticut and Ohio rulings both held that parents cannot use the ADA to prevent their children from being removed after they have been abused. The cases involved the States' obligations to preserve the family, but the courts ruled the question of whether welfare officials did their best to accommodate parents was irrelevant. A chart displays how the ADA applies to termination hearings in 12 States.

  3. Testing expert systems

    NASA Technical Reports Server (NTRS)

    Chang, C. L.; Stachowitz, R. A.

    1988-01-01

    Software quality is of primary concern in all large-scale expert system development efforts. Building appropriate validation and test tools for ensuring software reliability of expert systems is therefore required. The Expert Systems Validation Associate (EVA) is a validation system under development at the Lockheed Artificial Intelligence Center. EVA provides a wide range of validation and test tools to check correctness, consistency, and completeness of an expert system. Testing a major function of EVA. It means executing an expert system with test cases with the intent of finding errors. In this paper, we describe many different types of testing such as function-based testing, structure-based testing, and data-based testing. We describe how appropriate test cases may be selected in order to perform good and thorough testing of an expert system.

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

    PubMed Central

    Hennink, Monique; Weber, Mary Beth

    2015-01-01

    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 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. PMID:23512435

  5. [Effects of mental stress on the health status of the accused during a criminal trial].

    PubMed

    Janků, K; Kukleta, M; Humpolícek, P; Svoboda, P; Sas, I; Zámecník, M

    2008-01-01

    A court-sworn medical expert is sometimes authorized to pass a medical judgement, whether an older, from serious diseases suffering accused is able to take part in the criminal trial proceedings. The court-sworn medical expert is required to consider the accused's fitness, his mental and physical ability to appear in court, to understand the trial, to answer the questions of the judge, to defend himself, to put questions and objections against the witness's testimony, etc. Such medical expert's opinion is usually a task for a psychiatrist. Judgement of the ability of the accused to take part in the main court trial is of another character, especially when the accused is suffering from a serious disease, e.g. cardiovascular, pulmonary, gastrointestinal, haematological, tumorous or other. In this case the medical judgement is usually required from a doctor of internal medicine. Nevertheless, this is not an easy task for him. As far as these problems are concerned, the expert gathers only little experience of his own during his juridical practice. Similar cases have been extremely sporadically published in medical or juridical literature and if, then in common sense only. It is evident that the expert must face any possible aggravation of the accused's difficulties. At the same time the expert ought to take care lest the court trial should be inadequately extended and even should prevent the accused's avoidance in the main court trial. This paper tries to determine the basic rules for the court-sworn experts in the branch of internal medicine and would like to facilitate them to judge under which circumstances a seriously ill accused may appear in trial proceedings without exposing him to a serious damage of his health or even endangerment of his life.

  6. The Impact of External Environment on Service-Related Decisions of Juvenile Courts.

    ERIC Educational Resources Information Center

    Breda, Carolyn S.

    This report describes outcomes of a survey that investigated the external environment of juvenile courts and whether this environment relates to the treatment of young offenders or custody decisions. In 1997, a statewide survey was administered to all courts with juvenile jurisdiction in a Mid-Southern state. This research was based on 71 courts…

  7. Expert Systems: An Overview.

    ERIC Educational Resources Information Center

    Adiga, Sadashiv

    1984-01-01

    Discusses: (1) the architecture of expert systems; (2) features that distinguish expert systems from conventional programs; (3) conditions necessary to select a particular application for the development of successful expert systems; (4) issues to be resolved when building expert systems; and (5) limitations. Examples of selected expert systems…

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

    PubMed

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

    2013-09-01

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

  9. Expert and competent non-expert visual cues during simulated diagnosis in intensive care.

    PubMed

    McCormack, Clare; Wiggins, Mark W; Loveday, Thomas; Festa, Marino

    2014-01-01

    The aim of this study was to examine the information acquisition strategies of expert and competent non-expert intensive care physicians during two simulated diagnostic scenarios involving respiratory distress in an infant. Specifically, the information acquisition performance of six experts and 12 competent non-experts was examined using an eye-tracker during the initial 90 s of the assessment of the patient. The results indicated that, in comparison to competent non-experts, experts recorded longer mean fixations, irrespective of the scenario. When the dwell times were examined against specific areas of interest, the results revealed that competent non-experts recorded greater overall dwell times on the nurse, where experts recorded relatively greater dwell times on the head and face of the manikin. In the context of the scenarios, experts recorded differential dwell times, spending relatively more time on the head and face during the seizure scenario than during the coughing scenario. The differences evident between experts and competent non-experts were interpreted as evidence of the relative availability of task-specific cues or heuristics in memory that might direct the process of information acquisition amongst expert physicians. The implications are discussed for the training and assessment of diagnostic skills.

  10. Schools & the Courts. Volume I: Desegregation.

    ERIC Educational Resources Information Center

    Greenberg, Jack; And Others

    Eight papers examining different aspects of the effects of court decisions on education are contained in this book, the first of two volumes. The papers were solicited from scholars in the fields of law, political science, sociology, and education in conjunction with a 1979 conference held in Madison, Wisconsin. The conference was called to…

  11. 44 CFR 67.12 - Appeal to District Court.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... OF HOMELAND SECURITY INSURANCE AND HAZARD MITIGATION National Flood Insurance Program APPEALS FROM PROPOSED FLOOD ELEVATION DETERMINATIONS § 67.12 Appeal to District Court. (a) An appellant aggrieved by the...

  12. 44 CFR 67.12 - Appeal to District Court.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... OF HOMELAND SECURITY INSURANCE AND HAZARD MITIGATION National Flood Insurance Program APPEALS FROM PROPOSED FLOOD ELEVATION DETERMINATIONS § 67.12 Appeal to District Court. (a) An appellant aggrieved by the...

  13. "Brown" Fades: The End of Court-Ordered School Desegregation and the Resegregation of American Public Schools

    ERIC Educational Resources Information Center

    Reardon, Sean F.; Grewal, Elena; Kalogrides, Demetra; Greenberg, Erica

    2012-01-01

    In this paper we investigate whether the school desegregation produced by court-ordered desegregation plans persists when school districts are released from court oversight. Over 200 medium-sized and large districts were released from desegregation court orders from 1991 to 2009. We find that racial school segregation in these districts increased…

  14. A Juvenile Drug Court Model in Southern Arizona: Substance Abuse, Delinquency, and Sexual Risk Outcomes by Gender and Race/Ethnicity

    ERIC Educational Resources Information Center

    Ruiz, Bridget S.; Stevens, Sally J.; Fuhriman, Janet; Bogart, John G.; Korchmaros, Josephine D.

    2009-01-01

    Alcohol and drug use related crimes continue to be processed in juvenile courts at high rates. One approach for addressing substance related issues has been the implementation of juvenile drug courts. Juvenile drug courts were established given the wide-spread success of adult drug courts. However, juvenile drug courts require different components…

  15. Explanation production by expert planners

    NASA Technical Reports Server (NTRS)

    Bridges, Susan; Jhannes, James D.

    1988-01-01

    Although the explanation capability of expert systems is usually listed as one of the distinguishing characteristics of these systems, the explanation facilities of most existing systems are quite primitive. Computer generated explanations are typically produced from canned text or by direct translation of the knowledge structures. Explanations produced in this manner bear little resemblance to those produced by humans for similar tasks. The focus of our research in explanation is the production of justifications for decisions by expert planning systems. An analysis of justifications written by people for planning tasks has been taken as the starting point. The purpose of this analysis is two-fold. First, analysis of the information content of the justifications will provide a basis for deciding what knowledge must be represented if human-like justifications are to be produced. Second, an analysis of the textual organization of the justifications will be used in the development of a mechanism for selecting and organizing the knowledge to be included in a computer-produced explanation. This paper describes a preliminary analysis done of justifications written by people for a planning task. It is clear that these justifications differ significantly from those that would be produced by an expert system by tracing the firing of production rules. The results from the text analysis have been used to develop an augmented phrase structured grammar (APSG) describing the organization of the justifications. The grammar was designed to provide a computationally feasible method for determining textual organization that will allow the necessary information to be communicated in a cohesive manner.

  16. [Science and law in courts].

    PubMed

    Tallacchini, Mariachiara

    2014-01-01

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

  17. 78 FR 49120 - Courts of Indian Offenses

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-08-13

    ... DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 25 CFR Part 11 [BIA-2013-0001; 134/A0J351010.999900/AAKL008000] RIN 1076-AF16 Courts of Indian Offenses AGENCY: Bureau of Indian Affairs, Interior. ACTION: Final rule. [[Page 49121

  18. Court Okays Special Leave for Pregnant Workers.

    ERIC Educational Resources Information Center

    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)

  19. Consumer-directed health care and the courts: let the buyer (and seller) beware.

    PubMed

    Jacobson, Peter D; Tunick, Michael R

    2007-01-01

    In consumer-directed health care, patients will be expected to exert greater control over their spending decisions than before. As consumer-directed care gains market acceptance, courts will inevitably be involved in resolving challenges to the new arrangements. We anticipate that courts will be generally favorable toward consumer-directed care, but the new legal doctrine will not uniformly favor medical professionals and insurers. The information demands inherent in consumer-directed care will present particular legal challenges to physicians and insurers. Even as courts provide flexibility to reflect the new market realities, they will closely monitor how consumer-directed care is implemented.

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

    PubMed

    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.

  1. The Burger Court in Factorial Space.

    ERIC Educational Resources Information Center

    Schwartz, Thomas A.

    The attitudes of Supreme Court justices toward freedom of the press and ways in which their voting patterns affect the press were investigated in a study involving an examination of 235 nonunanimous decisions (G-cases), 199 nonunanimous civil liberties cases (C-cases), and 23 nonunanimous freedom of the press cases (P-cases) decided by the Burger…

  2. The Heavy Hand of the Law: The Canadian Supreme Court and Mandatory Retirement.

    ERIC Educational Resources Information Center

    Klassen, Thomas R.; Gillin, C. T.

    1999-01-01

    An analysis of decisions by the Supreme Court of Canada that mandatory retirement for firefighters at age 60 violated human rights but forced retirement of university faculty at age 65 was constitutional indicated that the court relied on stereotypes of older workers as being less competent. (JOW)

  3. Associations with substance abuse treatment completion in drug court

    PubMed Central

    Brown, Randall T

    2009-01-01

    Subjects in the study included all participants (N = 573) in drug treatment court in a mid-sized U.S. city from 1996 through 2004. Administrative data from the drug court included measures of demographics and socioeconomics, substance use, and criminal justice history. Stepwise multivariate logistic regression yielded a final model of failure to complete drug treatment. Unemployment, lower educational attainment, and cocaine use disorders were associated with failure to complete treatment. The limitations of administrative data should be considered in the interpretation of results. Funding was provided by the National Institutes of Health, National Institute on Drug Abuse (1 K23 DA017283-01). PMID:20380560

  4. The Supreme Court’s Climate Change Decision: Massachusetts v. EPA

    DTIC Science & Technology

    2007-05-18

    On April 2, 2007, the Supreme Court handed down Massachusetts v. EPA, its first pronouncement on climate change . By 5-4, the Court held the following...emissions from new motor vehicles on the basis of their possible climate change impacts, and (3) Section 202 does not authorize EPA to inject policy... climate change science is so uncertain as to preclude making a finding either way. The decision also has implications for other climate - change -related

  5. The Prevalence of HIV Risk Behaviors among Felony Drug Court Participants.

    PubMed

    Festinger, David S; Dugosh, Karen L; Metzger, David S; Marlowe, Douglas B

    2012-01-01

    A small percentage of participants in a large metropolitan felony Drug Court engaged in high-risk injection drug use, but a large percentage engaged in high-risk sexual behaviors. HIV risk behaviors were associated with being male, African-American, and younger. A large proportion of Drug Court participants resided in areas of the city with a high prevalence of persons living with HIV/AIDS, thus heightening the probability of exposure to the virus.

  6. Court Upholds Confidentiality of Research Records/Data.

    ERIC Educational Resources Information Center

    Florio, David H.

    1980-01-01

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

  7. 21 CFR 10.60 - Referral by court.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATIVE PRACTICES AND PROCEDURES General Administrative Procedures § 10.60 Referral by court. (a) This section... resources, the Commissioner shall agree to accept a referral and shall proceed to determine the matter...

  8. Techniques for capturing expert knowledge - An expert systems/hypertext approach

    NASA Technical Reports Server (NTRS)

    Lafferty, Larry; Taylor, Greg; Schumann, Robin; Evans, Randy; Koller, Albert M., Jr.

    1990-01-01

    The knowledge-acquisition strategy developed for the Explosive Hazards Classification (EHC) Expert System is described in which expert systems and hypertext are combined, and broad applications are proposed. The EHC expert system is based on rapid prototyping in which primary knowledge acquisition from experts is not emphasized; the explosive hazards technical bulletin, technical guidance, and minimal interviewing are used to develop the knowledge-based system. Hypertext is used to capture the technical information with respect to four issues including procedural, materials, test, and classification issues. The hypertext display allows the integration of multiple knowlege representations such as clarifications or opinions, and thereby allows the performance of a broad range of tasks on a single machine. Among other recommendations, it is suggested that the integration of hypertext and expert systems makes the resulting synergistic system highly efficient.

  9. Using Conceptual Tensions and Supreme Court Cases to Increase Critical Thinking in Government and Civics Classrooms

    ERIC Educational Resources Information Center

    Magwood, Ayo; Ferraro, Krista Fantin

    2013-01-01

    Each week, U.S. government classes at the authors' school eagerly organize and participate in moot courts. When they began a search for a Supreme Court case study on substantive due process, they found that the only appropriate brief on the StreetLaw website--a treasure trove of student-accessible court case summaries--"Lawrence v.…

  10. Who is an expert? Competency evaluations in mental retardation and borderline intelligence.

    PubMed

    Siegert, Mark; Weiss, Kenneth J

    2007-01-01

    Evaluations of competency to stand trial (CST) in defendants with mental retardation or borderline intellectual functioning can be difficult when deficits are masked by the type of adaptations seen in many with developmental disabilities. Accordingly, many evaluators have used validated test instruments, such as the CAST*MR (Competence Assessment to Stand Trial for Defendants with Mental Retardation) and tests measuring receptive and expressive language, to augment the clinical interview. The authors present a New Jersey case illustrating the need for clinicians to have adequate experience and training in some of the less known psychometric tests before presenting evidence in court. At the CST hearing, the judge disregarded the testimony of several psychologists while accepting that of a less experienced state's expert, we believe, to find the defendant competent. The finding was reversed on appeal. We encourage forensic professionals to be aware of the various instruments and minimum standards when employing specialized testing.

  11. A Jury of Their Peers: A Meta-Analysis of the Effects of Teen Court on Criminal Recidivism.

    PubMed

    Bouchard, Jessica; Wong, Jennifer S

    2017-07-01

    Juvenile delinquency has been on the decline for a number of years, yet, juvenile courts continue to assess more than 1 million cases per year. Involvement with the juvenile justice system has been linked to a number of risk factors and consequences that may impact positive youth development; however, evidence-based correctional programs that divert juvenile offenders away from formal processing are limited. Teen Court is a specialized diversion intervention that offers an alternative to traditional court processing for juvenile offenders. Despite the rapid expansion of Teen Courts, there is little comprehensive and systematic evidence available to justify this expansion. This meta-analytic study examines the effects of Teen Court on the recidivism of juvenile offenders. The literature search resulted in the selection of 14 studies, which contributed 18 unique effect sizes with a total sample of 2125 treatment group and 979 comparison group youth. The findings suggest that Teen Court is no more effective at reducing recidivism than (a) formal processing or (b) other diversion programs. Implications of formal and informal court processing for low-risk, first-time young offenders are discussed. The authors draw on the Risk-Need-Responsivity model to provide recommendations for policies and practices.

  12. Supreme Court Deals Blow to Student Journalists.

    ERIC Educational Resources Information Center

    Gynn, Ann

    1989-01-01

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

  13. An Experimental Trial of Adaptive Programming in Drug Court: Outcomes at 6, 12 and 18 Months.

    PubMed

    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.

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

    PubMed

    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.

  15. Expert systems built by the Expert: An evaluation of OPS5

    NASA Technical Reports Server (NTRS)

    Jackson, Robert

    1987-01-01

    Two expert systems were written in OPS5 by the expert, a Ph.D. astronomer with no prior experience in artificial intelligence or expert systems, without the use of a knowledge engineer. The first system was built from scratch and uses 146 rules to check for duplication of scientific information within a pool of prospective observations. The second system was grafted onto another expert system and uses 149 additional rules to estimate the spacecraft and ground resources consumed by a set of prospective observations. The small vocabulary, the IF this occurs THEN do that logical structure of OPS5, and the ability to follow program execution allowed the expert to design and implement these systems with only the data structures and rules of another OPS5 system as an example. The modularity of the rules in OPS5 allowed the second system to modify the rulebase of the system onto which it was grafted without changing the code or the operation of that system. These experiences show that experts are able to develop their own expert systems due to the ease of programming and code reusability in OPS5.

  16. The Expert Witness

    ERIC Educational Resources Information Center

    Environmental Science and Technology, 1975

    1975-01-01

    As consumers organize and industry begins to feel the economic pinch of pollution control laws, litigation may increase as will the need for the expert witness. Discussed are the functions and preparations of expert witnesses, their role and conduct in judicial proceedings, and the techniques of being an expert witness. (BT)

  17. 28 CFR 50.20 - Participation by the United States in court-annexed arbitration.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Participation by the United States in 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...

  18. Quiet eye gaze behavior of expert, and near-expert, baseball plate umpires.

    PubMed

    Millslagle, Duane G; Hines, Bridget B; Smith, Melissa S

    2013-02-01

    The quiet eye gaze behavior of 4 near-expert and 4 expert baseball umpires who called balls and strikes in simulated pitch-hit situations was assessed with a mobile eye cornea tracker system. Statistical analyses of the umpires' gaze behavior (fixation/pursuit tracking, saccades, and blinks)--onset, duration, offset, and frequency--were performed between and within 4 stages (pitcher's preparation, pitcher's delivery, ball in flight, and umpire call) by umpire's skill level. The results indicated that the quiet eye of expert umpires at onset of the pitcher's release point occurred earlier and was longer in duration than near-expert umpires. Expert expert umpires. The area outside the pitcher's ball release point may be the key environment cue for the behind-the-plate umpire.

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

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2001-01-01

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

  20. Ethical Expert Systems

    PubMed Central

    Victoroff, Michael S.

    1985-01-01

    The title is a double entendre. The discussion approaches expert systems from two directions: “What ethical hazards are created by expert systems in medicine?” and “Would it be ethical to design an expert system for solving problems in bioethics?” Computers present new ethical problems to society, some of which are unprecedented. These can be categorized under several rubrics. The paper describes a rudimentary scheme for understanding ethical issues raised by computers, in general, and medical expert systems, in particular. It focuses on bioethical implications of AI in medicine; explores norms, assumptions and taboos; and highlights certain ethical pitfalls. Principles are elucidated, for building ethically sound systems. Finally, a proposal is discussed, for the design of an expert system for moral problem solving, and the ethical implications of this notion are analyzed.