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…

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.

52. SUPREME COURT ROOM, SOUTH WALL, WEST WINDOW DETAIL OF ...

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

52. SUPREME COURT ROOM, SOUTH WALL, WEST WINDOW DETAIL OF EAST SPLAYED JAMB AND TRIM (NOTE REPAIRED AREAS) - Independence Hall Complex, Independence Hall, 500 Chestnut Street, Philadelphia, Philadelphia County, PA

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.

Health hazard evaluation report HETA 94-0300-2528, Cape May County Board of Taxation, Cape May Court House, New Jersey

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

Moss, C.E.; Ragab, M.

1995-09-01

In response to a request from the County Tax Administrator, an investigation was begun into exposure to electric and magnetic fields at the Cape May County Board of Taxation (SIC-7389), Cape May Court House, New Jersey. Employees there suspected they were receiving high exposure to extremely low frequency (ELF) electric and magnetic fields. Measurements were taken with particular attention given to the areas around four large switchboards which were located directly behind the wall of the the tax office. At the outside corners of the building and in the parking lot outside, the magnetic field levels ranged from 0.1 tomore » 10.7 milligauss (mG). At similar locations, electric field levels ranged from 1.9 to 6.9 volts/meter (V/m). Inside the building, magnetic and electric field levels ranged from 0.1 to 900mG and 1.4 to 5.7V/m, respectively.« less

Court Schools: Embracing a Culture of Learning

ERIC Educational Resources Information Center

Garcia, Paul A.; Catania, Kathryn; Nofziger, Sam

2012-01-01

It is ironic that the population of students on which educators have the most surveillance, either through ubiquitous video cameras or through the vigilant presence of probation officers, have been the most invisible in many educational practices. English learners who are incarcerated youth and attend county court schools throughout California are…

Southern Stalemate: Five Years without Public Education in Prince Edward County, Virginia

ERIC Educational Resources Information Center

Bonastia, Christopher

2012-01-01

In 1959, Virginia's Prince Edward County closed its public schools rather than obey a court order to desegregate. For five years, black children were left to fend for themselves while the courts decided if the county could continue to deny its citizens public education. Investigating this remarkable and nearly forgotten story of local, state, and…

14. REAR (EAST SIDE) OF BUILDING SHOWING RECEIVING COURT AND ...

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

14. REAR (EAST SIDE) OF BUILDING SHOWING RECEIVING COURT AND SOUTH SIDE OF FOOD PRESERVATION AND SANITATION LABORATORY, LOOKING WEST-NORTHWEST (Harms) - Dairy Industry Building, Iowa State University campus, Ames, Story County, IA

4. SOUTH SIDE OF BUILDING 2, (HANDBALL COURT ADDITION) SHOWING ...

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

4. SOUTH SIDE OF BUILDING 2, (HANDBALL COURT ADDITION) SHOWING RELATIONSHIP WITH GARAGE ADDITION OF BUILDING 1. - Chollas Heights Naval Radio Transmitting Facility, Helix House, 6410 Zero Road, San Diego, San Diego County, CA

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.

30. West view, showing court in storehouse #1 adn railroad ...

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

30. West view, showing court in storehouse #1 adn railroad facilities connecting with yards and float bridges at thirty-eighth street. - U.S. Navy Fleet Supply Base, Storehouse No. 1, 830 Third Avenue, Brooklyn, Kings County, NY

View of foundation, looking south. Note tennis courts in background ...

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

View of foundation, looking south. Note tennis courts in background facing south, see HABS no. CA-2716 - Presidio of San Francisco, Officers' Vehicles Garage, 1055 General Kennedy Avenue, Letterman Hospital Complex, San Francisco, San Francisco County, CA

View of foundation, looking southeast. Note tennis courts in background ...

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

View of foundation, looking southeast. Note tennis courts in background facing southeast, see HABS No. CA-2716 - Presidio of San Francisco, Officers' Vehicles Garage, 1055 General Kennedy Avenue, Letterman Hospital Complex, San Francisco, San Francisco County, CA

The Supreme Court, Affirmative Action, and Higher Education

ERIC Educational Resources Information Center

O'Neil, Robert

2008-01-01

This article discusses the curious mix of good and bad news the American higher education community found in the U.S. Supreme Court's ruling last summer, in "Parents Involved v. Seattle School District" and "Meredith v. Jefferson County Board of Education," about the use of race-based policies by public elementary and secondary…

The Supreme Court, Affirmative Action, and Higher Education

ERIC Educational Resources Information Center

O'Nell, Robert

2008-01-01

The American higher education community found a curious mix of good and bad news in the U.S. Supreme Court's ruling last summer, in "Parents Involved v. Seattle School District and Meredith v. Jefferson County Board of Education", about the use of race-based policies by public elementary and secondary schools. This article discusses this…

Public Education, Constitutional Values and the Supreme Court of Canada: Has Our Highest Court Offered a Balanced Approach to Judicial Decision-Making?

ERIC Educational Resources Information Center

Clarke, Paul T.

2004-01-01

Since the advent of the "Canadian Charter of Rights and Freedoms", the Supreme Court of Canada (SCC) has rendered judgments in four cases where individual educational stakeholders have alleged violations of their constitutional rights. In three of the cases, "R. v. Jones", "Eaton v. Brant County Board of Education",…

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.

Evaluation of the DUI Court Program in Maricopa County, Arizona

DOT National Transportation Integrated Search

2011-07-01

This is the final report of a project that evaluated the effectiveness of a DUI court program : aimed at reducing felony DUI offenders subsequent alcohol-related traffic violations. The : evaluation involved a descriptive and quantitative analysis...

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

20. Photocopy of photograph (from the Bucks County Historical Society) ...

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

20. Photocopy of photograph (from the Bucks County Historical Society) photographer and date unknown GENERAL VIEW FROM THE SOUTHWEST - Moravian Pottery & Tile Works, Southwest side of State Route 313 (Swamp Road), Northwest of East Court Street, Doylestown, Bucks County, PA

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.

Generalization of Rindler Potential at Cluster Scales in Randers-Finslerian Spacetime: a Possible Explanation of the Bullet Cluster 1E0657-558?

NASA Astrophysics Data System (ADS)

Chang, Zhe; Li, Ming-Hua; Lin, Hai-Nan; Li, Xin

2012-12-01

The data of the Bullet Cluster 1E0657-558 released on November 15, 2006 reveal that the strong and weak gravitational lensing convergence κ-map has an 8σ offset from the Σ-map. The observed Σ-map is a direct measurement of the surface mass density of the Intracluster medium (ICM) gas. It accounts for 83% of the averaged mass-fraction of the system. This suggests a modified gravity theory at large distances different from Newton's inverse-square gravitational law. In this paper, as a cluster scale generalization of Grumiller's modified gravity model (Phys. Rev. Lett.105 (2010) 211303), we present a gravity model with a generalized linear Rindler potential in Randers-Finslerian spacetime without invoking any dark matter. The galactic limit of the model is qualitatively consistent with the MOND and Grumiller's. It yields approximately the flatness of the rotational velocity profile at the radial distance of several kpcs and gives the velocity scales for spiral galaxies at which the curves become flattened. Plots of convergence κ for a galaxy cluster show that the peak of the gravitational potential has chances to lie on the outskirts of the baryonic mass center. Assuming an isotropic and isothermal ICM gas profile with temperature T = 14.8 keV (which is the center value given by observations), we obtain a good match between the dynamical mass MT of the main cluster given by collisionless Boltzmann equation and that given by the King β-model. We also consider a Randers+dark matter scenario and a Λ-CDM model with the NFW dark matter distribution profile. We find that a mass ratio η between dark matter and baryonic matter about 6 fails to reproduce the observed convergence κ-map for the isothermal temperature T taking the observational center value.

Albemarle County roads, 1725-1816.

DOT National Transportation Integrated Search

1981-01-01

This publication is the result of an effort to write a history of the early road system of Albemarle County which could be used as a prototype for similar histories of other areas. This has involved research in such primary sources as court records, ...

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

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

Brunswick County road orders, 1732-1746.

DOT National Transportation Integrated Search

1988-01-01

The establishment and maintenance of public roads were among the most important functions of the county court during the colonial period in Virginia. Each road was opened and maintained by an overseer (or surveyor) of the highways, who was appointed ...

Augusta County road orders, 1745-1769.

DOT National Transportation Integrated Search

1998-01-01

The establishment and maintenance of public roads were among the most important functions of the county court during the colonial period in Virginia. Each road was opened and maintained by an overseer (or surveyor) of the highways, who was appointed ...

Orange County road orders, 1734-1749.

DOT National Transportation Integrated Search

1984-01-01

The establishment and maintenance of public roads were among the most important functions of the county court during the colonial period in Virginia. Each road was opened and maintained by an overseer (or surveyor) of the highways, who was appointed ...

Lunenburg County road orders, 1746-1764.

DOT National Transportation Integrated Search

1993-01-01

The establishment and maintenance of public roads were among the most important functions of the county court during the colonial period in Virginia. Each road was opened and maintained by an overseer (or surveyor) of the highways, who was appointed ...

Orange County road orders, 1750-1800.

DOT National Transportation Integrated Search

1989-01-01

The establishment and maintenance of public roads were among the most important functions of the county court during the colonial period in Virginia. Each road was opened and maintained by an overseer (or surveyor) of the highways, who was appointed ...

Spotsylvania County road orders, 1722-1734.

DOT National Transportation Integrated Search

1985-01-01

The establishment and maintenance of public roads were among the most important functions of the county court during the colonial period in Virginia. Each road was opened and maintained by an overseer (or surveyor) of the highways, who was appointed ...

"Endrew F. v. Douglas County School District" (2017): FAPE and the U.S. Supreme Court

ERIC Educational Resources Information Center

Yell, Mitchell L.; Bateman, David F.

2017-01-01

Thirty-five years ago, the U.S. Supreme Court announced its decision in "Rowley" (1982). The case, which was the first special education case to be heard by the Court, ruled on the question of what constituted Free Appropriate Public Education (FAPE) for students with disabilities under the Education for All Handicapped Children Act of…

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

ERIC Educational Resources Information Center

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

2018-01-01

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

78 FR 16247 - Foreign-Trade Zone 38-Spartanburg County, South Carolina; Authorization of Production Activity...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-03-14

... DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-86-2012] Foreign-Trade Zone 38--Spartanburg County, South Carolina; Authorization of Production Activity; ZF Transmissions Gray Court, LLC (Automatic Transmissions); Gray Court, South Carolina On November 8, 2012, the South Carolina State Ports Authority...

Does gender matter? Exploring mental health recovery court legal and health outcomes.

PubMed

Kothari, Catherine L; Butkiewicz, Robert; Williams, Emily R; Jacobson, Caron; Morse, Diane S; Cerulli, Catherine

2014-12-05

Based upon therapeutic justice principles, mental health courts use legal leverage to improve access and compliance to treatment for defendants who are mentally ill. Justice-involved women have a higher prevalence of mental illness than men, and it plays a greater role in their criminal behavior. Despite this, studies examining whether women respond differently than men to mental health courts are lacking. Study goals were to examine gender-related differences in mental health court participation, and in criminal justice, psychiatric and health-related outcomes. This study utilized a quasi-experimental pre-posttest design without a control group. The data were abstracted from administrative records of Kalamazoo Community Mental Health and Substance Abuse agency, the county jail and both county hospitals, 2008 through 2011. Generalized estimating equation regression was used to assess gender-differences in pre-post program outcomes (jail days, psychiatric and medical hospitalization days, emergency department visits) for the 30 women and 63 men with a final mental health court disposition. Program-eligible females were more likely than males to become enrolled in mental health court. Otherwise they were similar on all measured program-participation characteristics: treatment compliance, WRAP participation and graduation rate. All participants showed significant reductions in emergency department visits, but women-completers had significantly steeper drops than males: from 6.7 emergency department visits to 1.3 for women, and from 4.1 to 2.4 for men. A similar gender pattern emerged with medical-hospitalization-days: from 2.2 medical hospital days down to 0.1 for women, and from 0.9 days up to 1.8 for men. While women had fewer psychiatric hospitalization days than men regardless of program involvement (2.5 and 4.6, respectively), both genders experienced fewer days after MHRC compared to before. Women and men showed equal gains from successful program completion in

Does Drug Testing Deter Drug Court Participants from Using Drugs or Alcohol?

ERIC Educational Resources Information Center

Kleinpeter, Christine B.; Brocato, Jo; Koob, Jeffrey J.

2010-01-01

This study evaluates 3 drug-testing strategies implemented in 5 different jurisdictions with drug courts in Orange County, California. The purpose of the study was to determine whether the sweat patch acts as a deterrent and under what conditions it can be used to improve outcomes. Results indicated that although the use of the sweat patch did not…

Culpeper County road orders, 1763-1764 : final report.

DOT National Transportation Integrated Search

1994-01-01

The establishment and maintenance of public roads were among the most important functions of the county court during the colonial period in Virginia. Each road was opened and maintained by an overseer (or surveyor) of the highways, who was appointed ...

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.

School Board of Nassau County, Florida v. Arline.

PubMed

1987-03-03

After suffering a third relapse of tuberculosis in two years, an elementary school teacher in Nassau County, Florida, was discharged by the local public school board. In her complaint against the board, the teacher asserted that her dismissal violated a section of the federal Rehabilitation Act prohibiting federally funded state programs from discriminating against handicapped individuals solely by reason of handicap. In reaching its conclusion that a person afflicted with tuberculosis may be a "handicapped individual" within the meaning of the Act, the United States Supreme Court reasoned that allowing an employer to justify discrimination by distinguishing between a disease's perceived contagious effects on others and its physical effects on the individual would be unfair. The Court, however, could not grant the relief requested until the lower court made findings about the actual risk of the disease's transmission to others.

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…

"Endrew F. v. Douglas County School District": Implications for Teams Serving Students with Autism Spectrum Disorder

ERIC Educational Resources Information Center

McKenney, Elizabeth L. W.

2017-01-01

On March 22, 2017, the Supreme Court unanimously ruled that schools are obligated to provide more than de mimimus services for students with disabilities. The core issue in "Endrew F. v. Douglas County Schools" is how schools are to define the "A" in FAPE: What is an appropriate public education? Douglas County schools held…

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…

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…

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.

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...

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...

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...

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...

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…

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

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

PubMed

Denniston, L

1994-04-28

judge's order. Clinic lawyer, Talbot D'Alemberte, president of Florida State University and former president of the American Bar Association, will argue that the issue is about intimidation. The Clinton administration's Solicitor General Drew S. Days III will support Seminole County Circuit Court Judge Robert S. McGregor's decision limiting protester activity.

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...

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)

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.

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…

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…

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…

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…

Assessing Risk-Based Policies for Pretrial Release and Split Sentencing in Los Angeles County Jails.

PubMed

Usta, Mericcan; Wein, Lawrence M

2015-01-01

Court-mandated downsizing of the CA prison system has led to a redistribution of detainees from prisons to CA county jails, and subsequent jail overcrowding. Using data that is representative of the LA County jail system, we build a mathematical model that tracks the flow of individuals during arraignment, pretrial release or detention, case disposition, jail sentence, and possible recidivism during pretrial release, after a failure to appear in court, during non-felony probation and during felony supervision. We assess 64 joint pretrial release and split-sentencing (where low-level felon sentences are split between jail time and mandatory supervision) policies that are based on the type of charge (felony or non-felony) and the risk category as determined by the CA Static Risk Assessment tool, and compare their performance to that of the policy LA County used in early 2014, before split sentencing was in use. In our model, policies that offer split sentences to all low-level felons optimize the key tradeoff between public safety and jail congestion by, e.g., simultaneously reducing the rearrest rate by 7% and the mean jail population by 20% relative to the policy LA County used in 2014. The effectiveness of split sentencing is due to two facts: (i) convicted felony offenders comprised ≈ 45% of LA County's jail population in 2014, and (ii) compared to pretrial release, split sentencing exposes offenders to much less time under recidivism risk per saved jail day.

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

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...

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

Correlates of Competency to Stand Trial Among Youths Admitted to a Juvenile Mental Health Court.

PubMed

Bath, Eraka; Reba-Harrelson, Lauren; Peace, Robyn; Shen, Jie; Liu, Honghu

2015-09-01

Competency to stand trial (CST) assessment of juvenile offenders is a relatively recent phenomenon, as are juvenile mental health courts. Factors associated with youths' ability to participate in legal proceedings are not well understood, regardless of the court venue. Using a sample of 324 juveniles participating in the Los Angeles County Juvenile Mental Health Court (LAJMHC), we sought to explore the relationships of age, mental health diagnosis, and history of mental health treatment to CST status. Results suggest youths under the age of 15 were significantly more likely to have been found incompetent to stand trial (IST) when compared with older youths (p = .007). Youths with a diagnosis of a pervasive developmental disorder or intellectual disability were also more likely to be found IST than those without these diagnoses (p = .02 and p = .0001, respectively). Conversely, participants aged 16 or 17 years and diagnosed with a mood, substance abuse, or psychotic disorder were more likely to be found CST than those without these diagnoses (p < .0001, p = .035, and p = .0064, respectively). Participants with a history of psychotherapy or psychotropic medication were more likely to be found CST than were those without any treatment history (p < .0001). Further research on factors that affect CST status in juveniles who participate in mental health courts may be particularly salient to improve understanding of specific treatment and rehabilitative needs of youthful offenders, and to inform approaches to competency attainment and recidivism prevention services, both within these specialty courts and in juvenile proceedings in general. © 2015 American Academy of Psychiatry and the Law.

"Shelby County v. Holder": What It Means for the Voting Rights Act

ERIC Educational Resources Information Center

Schwinn, Steven D.

2013-01-01

This summer, the U.S. Supreme Court ruled in "Shelby County v. Holder" that Congress had exceeded its Fifteenth Amendment enforcement authority when it reauthorized a part of the Voting Rights Act (a coverage formula) that forced places with a history of discrimination to get federal approval before making changes to their election laws.…

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…

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…

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…

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...

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...

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…

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…

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)

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...

Assessing Risk-Based Policies for Pretrial Release and Split Sentencing in Los Angeles County Jails

PubMed Central

Usta, Mericcan; Wein, Lawrence M.

2015-01-01

Court-mandated downsizing of the CA prison system has led to a redistribution of detainees from prisons to CA county jails, and subsequent jail overcrowding. Using data that is representative of the LA County jail system, we build a mathematical model that tracks the flow of individuals during arraignment, pretrial release or detention, case disposition, jail sentence, and possible recidivism during pretrial release, after a failure to appear in court, during non-felony probation and during felony supervision. We assess 64 joint pretrial release and split-sentencing (where low-level felon sentences are split between jail time and mandatory supervision) policies that are based on the type of charge (felony or non-felony) and the risk category as determined by the CA Static Risk Assessment tool, and compare their performance to that of the policy LA County used in early 2014, before split sentencing was in use. In our model, policies that offer split sentences to all low-level felons optimize the key tradeoff between public safety and jail congestion by, e.g., simultaneously reducing the rearrest rate by 7% and the mean jail population by 20% relative to the policy LA County used in 2014. The effectiveness of split sentencing is due to two facts: (i) convicted felony offenders comprised ≈ 45% of LA County’s jail population in 2014, and (ii) compared to pretrial release, split sentencing exposes offenders to much less time under recidivism risk per saved jail day. PMID:26714283

A court-mandated workshop for adolescent children of divorcing parents: a program evaluation.

PubMed

Young, D M

1980-01-01

This article provides a description and an empirical evaluation of a predivorce workshop established by the Family Court of Allen County, Indiana, for adolescent children (N = 48) of divorcing parents. Highlighted are the concerns of the adolescents, the approaches taken by the workshop staff, and the impact of the program on the participants. Viewpoints on the clinical, ethical, and legal issues involved in "required" predivorce counseling for adolescents are presented. The preventive nature of the program, its means of transforming initial resentment toward the workshop experience into positive feelings, and the implications for future practice and research are also discussed.

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.…

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

Erotized, AIDS-HIV Information in Court: A Study in State Censorship, Cultural Resistance, and First Amendment Issues Affecting Information Delivery in Information Centers.

ERIC Educational Resources Information Center

Lukenbill, W. Bernard

This study analyzes court records of a county-level trial in Austin, Texas, in which erotized AIDS-HIV safer-sex information shown on a public access cable television program was claimed by the State of Texas to be obscene. This trial raised questions regarding such issues as: free access to information, especially through new technological…

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...

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…

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…

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…

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…

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)

Property Assessment by Machine; A Case Study of the Application of Data Processing to Real Estate Assessments in a Kentucky County. Bureau of School Service Bulletin, Vol. 46, No. 1.

ERIC Educational Resources Information Center

Redman, John C.; Middleton, James W.

In 1965 the Court of Appeals of Kentucky ruled that all property should be assessed at 100 percent of fair market value. In compliance with the court decision, the county assessors began reassessing properties in January 1966. A great controversy arose over the new assessment procedures and problems. This study evaluates the results of the 1966…

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,…

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…

78 FR 37791 - In the Matter of: Jose Guadalupe Reyes-Martinez, Inmate Number #85993-279, CI Adams County...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-06-24

... DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Jose Guadalupe Reyes-Martinez, Inmate Number 85993-279, CI Adams County, Correctional Institution, P.O. Box 1600, Washington, MS 39190; Order Denying Export Privileges On November 21, 2011, in the U.S. District Court, Southern...

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)

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)

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…

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.

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.

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...

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...

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...

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...

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...

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...

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

Court grants courier a jury trial based on fear of AIDS.

PubMed

1996-03-08

A medical courier who was exposed to blood from a leaking container will be granted a jury trial in Albuquerque, NM. Courier [name removed] was splashed with blood and became alarmed because she had paper cuts on her hands. Repeated blood tests for HIV and hepatitis B were negative. A Bernallilo County judge initially dismissed [name removed]'s lawsuit when the hospital revealed that there was no HIV present in the splashed liquid. A three-judge panel of the Court of Appeals ruled to allow [name removed] a jury trial because New Mexico law no longer requires a plaintiff to prove that the defendant's actions created actual danger or physical impact. The panel determined that [name removed]'s allegations stated a cause for negligent infliction of emotional distress.

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.

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…

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…

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

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

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)

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

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…

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.

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. ...

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. ...

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.

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...

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…

After flow control: The steps taken by Dade County to ensure continued operation of its solid waste management system

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

Mauriello, P.J.; Ragbeer, D.

1997-12-01

In the wake of the U.S. Supreme Court decision in the Carbone vs. Clarkstown case striking down waste flow control as unconstitutional, Dade County, Florida, one of the most severely impacted communities in the nation, has managed to stabilize its waste stream and balance its solid waste department finances; although the road taken to restabilization has been a difficult one. At its peak in 1995, Dade County experienced an annual loss of solid waste in excess of 1,000,000 tons, or over 40 percent of the waste stream normally handled by the County. This diversion of waste was accompanied by amore » net revenue loss of $30 million per year. The County lost its ability to plan for future capacity needs, or to assure sufficient future waste flows to meet its put-or-pay obligation to the County`s Resources Recovery plant operator. The County`s solid waste management system bonds were downgraded by Moody`s Investors Service and Standard and Poors. With the help of a special solid waste management team, appointed by the County Manager, the department was able to rightsize its waste disposal operations to fit its reduced waste flows, stabilize its waste stream, and develop strategies to solve its long-term funding shortfall.« less

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...

A new development in PTSD and the law: the case of Fairfax County v. Mottram.

PubMed

Lindahl, Mary W

2004-12-01

The decision of the Virginia Supreme Court in Fairfax County Fire & Rescue Department v. Mottram (2002) has important implications for Workers' Compensation claims for posttraumatic stress disorder, particularly those involving emergency services personnel. A firefighter/paramedic who developed chronic, disabling PTSD after responding to a fatal fire was denied benefits because he had previously reported symptoms of the disorder, whereas the statute recognized a single traumatic incident only. The court held that PTSD resulting from multiple traumatic stressors may be considered a compensable occupational disease analogous to dermatitis developed by a flower shop employee with chronic exposure to irritating stimuli. The decision, which constitutes legal recognition of work-related cumulative PTSD in rescue workers, provides benefits for treatment and encourages earlier treatment of traumatic stress in this group.

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.…

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...

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...

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...

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

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.

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.…

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.

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...

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…

Examining the Relationships between Family Drug Court Program Compliance and Child Welfare Outcomes.

PubMed

Child, Holly; McIntyre, Dara

2015-01-01

Although the evidence is accumulating to substantiate the successes of Family Drug Courts (FDC), there is little research on the relationship between parent compliance and successful reunification of children with their parent(s). This study looked at data from 206 families participating in a FDC in Sacramento County, California. Four compliance measures were examined individually and collectively, after controlling for participant characteristics, using logistic regression models to determine how FDC participation benchmarks impact child reunification. This study found the best predictors of reunification was participation in support group meetings and negative tests for substance use. These findings indicate that initiatives designed to address the needs of families affected by child maltreatment and substance use should take into account and support engagement in informal, community-based activities as well as formal, clinically focused interventions.

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...

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.

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...

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.

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,…

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...

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...

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...

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...

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...

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)

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)

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…

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…

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)

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…

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…

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

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.

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…

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…

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.

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.

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…

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...

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.

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…

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…

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.

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.

More hypothyroidism and less hyperthyroidism with sufficient iodine nutrition compared to mild iodine deficiency--a comparative population-based study of older people.

PubMed

Andersen, Stig; Iversen, Finn; Terpling, Steen; Pedersen, Klaus Michael; Gustenhoff, Peter; Laurberg, Peter

2009-10-20

To assess the occurrence of thyroid disorders and autoimmunity in a geriatric population with long-standing recommended iodine intake of natural origin compared to mild iodine deficiency. Cross-sectional, comparative, population-based study in two areas with different iodine intakes due to different tap water iodine contents. Residents of Randers (n=212) or Skagen (n=218), Denmark, aged 75-80 years. Blood samples were collected for measuring thyrotropin (TSH), triiodothyronine, thyroxine, thyroid peroxidase antibody (TPOAb), thyroglobulin antibody (TGAb), thyroglobulin (TG); iodine excretion estimated from iodine and creatinine measured in spot urine samples; questionnaire on history of thyroid disease, medication and vitamin use; clinical examination of the neck. Median urinary iodine excretion was 50 microg/24h in Randers and 177 microg/24h in Skagen (p<0.001). A history of thyroid disease was reported by 40 (9.3%) dominated by goitre (n=22) in Randers and hypothyroidism and Graves Disease (n=15) in Skagen (p<0.001). We found visible goitre in 26% of Randers dwellers and none in Skagen (p<0.001). Hyperthyroidism with TSH below the reference range was present in 26% of Randers and 6% of Skagen dwellers while 6% and 13%, respectively, were hypothyroid with TSH above the reference range (p<0.001). More Randers than Skagen participants harboured a thyroid antibody (42% vs. 32%, p=0.006). Recommended iodine intake associated with more hypothyroidism, less hyperthyroidism and goiters, low TGAb prevalence and lower TG level in serum than did iodine deficiency. TPOAb was similar in the iodine replete and deficient geriatric populations.

DRAFT LANDSAT DATA MOSAIC: MONTGOMERY COUNTY, TEXAS; HARRIS COUNTY, TEXAS; FORT BEND COUNTY, TEXAS; BRAZORIA COUNTY, TEXAS; GALVESTON COUNTY, TEXAS

EPA Science Inventory

This is a draft Landsat Data Mosaic, which contains remote sensing information for Montgomery County, Texas Harris County, Texas Fort Bend County, Texas Brazoria County, Texas Galveston County, and Texas Imagery dates on the following dates: October 6, 1999 and September 29, 200...

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…

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:

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…

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.

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

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

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…

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…

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…

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…

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

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…

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.

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

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)

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)

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…

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...

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...

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)

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:…

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…

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…

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)

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

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.

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…

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)…

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…

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…

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…

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)

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.

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

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…

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.…

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...

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...

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...

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...

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…

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.

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.

77 FR 14420 - Landmarks Committee of the National Park System Advisory Board Meeting

Federal Register 2010, 2011, 2012, 2013, 2014

2012-03-09

...: Nominations California KNIGHT'S FERRY BRIDGE, Stanislaus County, CA U.S. COURT HOUSE AND POST OFFICE (COURT... SANGRE DE CRISTO LAND GRANT HISTORIC DISTRICT, Costilla County, CO Kansas BLACK JACK BATTLEFIELD, Douglas...

1. Historic American Buildings Survey Alex Bush, Photographer, May 25, ...

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

1. Historic American Buildings Survey Alex Bush, Photographer, May 25, 1935 (COPIED) FRONT VIEW (REPRODUCTION) - FROM E.L. LOVE PHOTO - Old Madison County Court House, Court Square, Huntsville, Madison County, AL

3. Historic American Buildings Survey Alex Bush, Photographer, May 25, ...

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

3. Historic American Buildings Survey Alex Bush, Photographer, May 25, 1935 (COPIED) SIDE VIEW (REPRODUCTION) - FROM E.L. LOVE PHOTO - Old Madison County Court House, Court Square, Huntsville, Madison County, AL

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…

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:

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.

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…

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…

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...

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...

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

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…

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.

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

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…

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.

2. Historic American Buildings Survey Alex Bush, Photographer, May 25, ...

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

2. Historic American Buildings Survey Alex Bush, Photographer, May 25, 1935 (COPIED) FRONT AND SIDE VIEW (REPRODUCTION) - FROM E.L. LOVE PHOTO - Old Madison County Court House, Court Square, Huntsville, Madison County, AL

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…

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,…

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.

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'.

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.

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

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.

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.

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...

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…

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...

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. ...

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. ...

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. ...

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. ...

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. ...

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...

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...

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...

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 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...

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...

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...

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...

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...

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...

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...

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...

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.

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

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...

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...

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...

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...

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...

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...

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...

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.

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.

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...

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…

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...

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

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.

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...

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...

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...

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...

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

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…

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)

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.

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…

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…

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

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...

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...

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...

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...

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...

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...

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...

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.…

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.…

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:

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)

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…

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...

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...

[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%).

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…

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.

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…

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…

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…

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.

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…

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

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…

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…

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.…

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.

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.

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.

"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)

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.

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…

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…

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…

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.

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.

Interdisciplinary Public Health Intervention in a Multigenerational Tuberculosis (TB) Outbreak in Harris County, Texas: A Case Study with Implications for Disease Control Process Improvement and Transmission Cycle Interruption

PubMed Central

Haynie, Aisha; Plasencia, Carlos; Fields, Kimberly; Nesbitt, Elna; Lovings-Clark, Audrey; Scott, Mary; Wiltz-Beckham, Dana; Reed, Brian; Shah, Umair A

2017-01-01

Abstract Background Harris County Public Health (HCPH) is the health department for Harris County, Texas jurisdiction. Harris County as a whole is the nation’s third most populous county, with 4.3 million residents, and a TB case rate more than double that of the USA. (7.6 cases per 100,000 pop). A total, 327 individuals were diagnosed with TB in Harris County during 2015, over two-thirds occurring in foreign-born individuals. In 2016, HCPH treated an immigrant female with active TB. Initial contact investigation (CI) yielded five household contacts (HHC). Two tested positive, but refused subsequent clinical evaluation by HCPH. Two months later, HCPH was notified of a HHC hospitalized with TB. After hospital discharge, the sick HHC moved into a motel in attempts to self-isolate, but refused evaluation of additional HHC in the home, and banned home access, precluding adequate CI. After numerous phone calls, visits to motel and home, and multiple rescheduled appointments, legal action appeared inevitable. Days later, HCPH was notified of another HHC diagnosed with active TB. Methods With alarm regarding the family’s adherence to control orders, TB staff implemented an innovative multidisciplinary team-based intervention in hopes of avoiding legal action. A site visit was paid to the motel by a local health authority, two TB staff, a county public investigator, and a refugee clinic outreach worker fluent in the family’s language. Patients were presented with letters requesting immediate cooperation to avoid court filings. Questions were answered, misinformation corrected, and education provided. Results Intermediary on-site intervention using a compassionate, firm multidisciplinary team approach resulted in 16 additional family members tested, yielding an infant with active TB (Case 4) and 8 with TB Infection (TBI). Isolation breaches were also discovered. Most importantly, TB transmission cycle was interrupted. Cultural and economic barriers hindering

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.

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.

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.

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

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.

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

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.

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.

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 ...

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

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.

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

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...

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...

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...

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...

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...

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...

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)

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.

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...

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...

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...

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...

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...

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...

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...

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...

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.

78 FR 5821 - Final Flood Hazard Determinations

Federal Register 2010, 2011, 2012, 2013, 2014

2013-01-28

... Greene County Courthouse, 306 West Court Street, Paragould, AR 72450. Curry County, New Mexico, and..., Clovis, NM 88101. Unincorporated Areas of Curry County. Curry County Administrative Office, 700 North...

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...

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...

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...

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…

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…

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…

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

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 =…

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)

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…

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.

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.

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)

[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.

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:

"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…

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)

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...

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…

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.

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)

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.

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.

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.

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…

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…

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)

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...

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…

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...

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...

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...

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...

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.

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.

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.

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…

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…

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)

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…

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)

Child Protection and Justice Systems Processing of Serious Child Abuse and Neglect Cases

ERIC Educational Resources Information Center

Sedlak, Andrea J.; Schultz, Dana; Wells, Susan J.; Lyons, Peter; Doueck, Howard J.; Gragg, Frances

2006-01-01

Objective: The aim of this study was to examine the trajectory of cases through four systems: child protection, law enforcement, the dependency courts, and the criminal courts. Method: This study focused on a county selected from a 41-county telephone survey conducted for the National Incidence Study of Child Abuse and Neglect (NIS-3). For this…

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…

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.

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.

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...

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…

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)

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,…

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

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.

Shaking Hands and Kissing Babies: The Intersectionality of Ethnicity, Class, and Gender, and Latina Women's Decisions to Run for Judicial Office

ERIC Educational Resources Information Center

Navarro, Sharon A.

2010-01-01

Women often enter judiciary positions through the trial courts, particularly county courts, because they see these courts as a stepping-stone to higher judicial office. As the eligibility pool of experienced female Hispanic lawyers expands, Hispanic women are increasingly taking seats on trial court benches. What political and demographic shifts…

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...

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...

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…

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...

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...

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.

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

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…

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.

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…

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...

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...

"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…

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…

[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.

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

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)

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.

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.

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…

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)

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

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

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.

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)

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...

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.…

"The Equitable Powers of the Judge": The Conflict between No Child Left Behind and Court-Ordered Desegregation in Richmond County, Georgia

ERIC Educational Resources Information Center

DeBray, Elizabeth

2004-01-01

This article consists of a case study and policy analysis of a conflict between two federal mandates that arose during the initial implementation of the No Child Left Behind Act in 2002 in a southern school system, Richmond County, Georgia. The first part of the article documents the conflict, drawing on primary source documents and interviews…

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.

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)

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.

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.

Environmental Assessment: Johnson County Road F-20 Bypass, Johnson County, Iowa.

DTIC Science & Technology

1986-08-01

D-A184 328 ENVIRONMENTAL ASSESSMENT- JOHNSON COUNTY ROAD F-20 vil BYPASS JOHNSON COUNTY’ IOWA (U) ARMY ENGINEER DISTRICT ROCK ISLAND IL AUG 86...BYPASS JOHNSON COUNTY, IOWA DTIC SELECTEI AUG 24 198D AUGUST 1986 -’"Thn; c>, .. i ’, been p ore i Icr publj rJlxaje aid sale; ii ,,. I distibu on is...2004 19 EPLY TO ATTENTION OP NCRPD-E ENVIRONMENTAL ASSE SSMENT JOHNSON COUNTY ROAD F-20 BYPASS JOHNSON COUNTY, IOWA Acce3siofl For NTIS MR& QUA~rTY

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...

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)

Commentary: County of Washington v. Gunther.

ERIC Educational Resources Information Center

Buckley, Nancy C.

1981-01-01

In court litigation in which women prison guards' claim of pay discrimination was rejected at the local level, the Supreme Court ruled that the case could be debated based on workers'"comparable worth" instead of "equal work," the traditional argument. Further litigation on the comparable worth issue is anticipated. (MSE)

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

ERIC Educational Resources Information Center

Smith, Scott; Chonody, Jill M.

2010-01-01

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

Supreme Court Upholds Religious Liberty: Educational Implications.

ERIC Educational Resources Information Center

Mawdsley, Ralph D.; Russo, Charles J.

1994-01-01

Reviews a set of Supreme Court rulings that may dramatically alter the landscape of First Amendment jurisprudence: "Church of the Lukumi Babalu Aye v. City of Hialeah"; "Jones v. Clear Creek Independent School District"; "Lambs Chapel v. Center Moriches Union Free School District"; and Zobrest v. Catalina Foothills…

Court Interpreting: The Anatomy of a Profession.

ERIC Educational Resources Information Center

de Jongh, Elena M.

For both translators and interpreters, language proficiency is only the starting point for professional work. The equivalence of both meaning and style are necessary for faithful translation. The legal interpreter or translator must understand the complex characteristics and style of legal language. Court interpreting is a relatively young…

Juvenile delinquency, the juvenile courts and the settlement movement 1908-1950: Basil Henriques and Toynbee Hall.

PubMed

Bradley, Katharine

2008-01-01

This article explores the relationship between the voluntary sector and the juvenile courts in the period c.1908-1950. It specifically examines the relationship between the settlement movement and the early juvenile courts by analysing the Inner London Juvenile Court, which sat at Toynbee Hall in the East End of London between 1929 and 1953. The settlements, which brought young graduates to deprived urban areas to undertake voluntary social work, were heavily involved in boys' clubs. Many of those who began their careers in settlement youth work went on to work with the early juvenile courts, viewing their experience in clubs as a vital foundation for this work. This article focuses on Basil Henriques, a former resident of Toynbee Hall, warden of the Bernhard Baron Settlement in Stepney and magistrate at the Inner London Juvenile Court, and his 1950 book, Indiscretions of a Magistrate. It concludes that, by critically examining Basil Henriques and Indiscretions, it is possible to begin to fully explore the discourses around citizenship, gender, class and race that informed the views and practices of juvenile court magistrates in the period in which the voluntary sector and the welfare state underwent profound change.

Another Look at the Burger Court and Freedom of Expression: A Textual Approach to First Amendment Analysis.

ERIC Educational Resources Information Center

Walden, Ruth

An analysis of the Supreme Court's First Amendment decisions under Chief Justice Warren Burger does not indicate any pattern of repudiation of doctrinal advances made by earlier courts. Like its predecessors, the Burger Court has dealt most frequently with First Amendment cases requiring definition and interpretation of government abridgement. In…

Understanding Decision-Making in Specialized Domestic Violence Courts: Can Contemporary Theoretical Frameworks Help Guide These Decisions?

PubMed

Pinchevsky, Gillian M

2016-05-22

This study fills a gap in the literature by exploring the utility of contemporary courtroom theoretical frameworks-uncertainty avoidance, causal attribution, and focal concerns-for explaining decision-making in specialized domestic violence courts. Using data from two specialized domestic violence courts, this study explores the predictors of prosecutorial and judicial decision-making and the extent to which these factors are congruent with theoretical frameworks often used in studies of court processing. Findings suggest that these theoretical frameworks only partially help explain decision-making in the courts under study. A discussion of the findings and implications for future research is provided. © The Author(s) 2016.

Supreme court of Canada's "Beautiful Mind" case.

PubMed

Gray, John E; O'Reilly, Richard L

2009-01-01

The Supreme Court of Canada's (SCC) first case involving capacity and the refusal of involuntary psychiatric treatment involved a self described "professor" who had been referred to as "Canada's Beautiful Mind". He had been found not criminally responsible on account of mental disorder for uttering death threats. While considered incapable of making a treatment decision by psychiatrists and a review board, three levels of court, including the SCC, found him to be capable. "Professor" Starson therefore continued to refuse treatment for his psychosis and spent over seven years detained because he refused the treatment required to become well enough to be released. This refusal of treatment is permitted under Ontario law, although it is not permitted in some other Canadian provinces, and in many other countries. This article describes Starson's situation, Ontario's law with respect to consent to treatment and relevant Canadian constitutional and criminal law. It provides an analysis of the Consent and Capacity Board decision and the court appeals. Implications from Starson's case are analyzed in relation to what happened to Starson, human rights and comparative law pertaining to involuntary patients' refusal of treatment, especially their relevance to the Canadian Charter of Rights and Freedoms, and laws in some other countries. Many Canadian and foreign jurisdictions where laws apparently accord with human rights codes do not allow a person to refuse the treatment required to restore their liberty. We conclude that a law that allows a person with a mental illness to be incarcerated indefinitely in a "hospital" because needed psychiatric treatment cannot, by law, be provided is not justifiable in a caring democratic jurisdiction.

Commentary: Factors predicting family court decisions in high-conflict divorce.

PubMed

Stover, Carla Smith

2013-01-01

Factors that predict custody and visitation decisions are an important area of research, especially in the context of high-conflict divorce. In these cases, youths are at significantly higher risk for exposure to ongoing conflict, violence, and triangulation in their parents' disputes. What variables courts and evaluation clinics use to make custody decisions and whether they are the most salient requires further study. The work by Raub and colleagues in this issue extends our understanding of important factors considered by the courts and custody evaluators in high-conflict divorce and points to directions for future research in this area.

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

ERIC Educational Resources Information Center

Freckelton, Ian

2013-01-01

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

Improving the Court Process for Alaska's Children in Need of Aid. Executive Summary.

ERIC Educational Resources Information Center

Carns, Teresa W.; DiPietro, Susanne D.; Connors, Joan F.; Cotton, William T.; Vandercook, Marcia

An assessment was conducted to determine how well the Alaskan court system and other agencies in the child welfare system meet the needs of abused and neglected children, their families, and society's interests in these cases. Data were collected through analysis of 473 case files in four courts; interviews with 60 attorneys, judges, guardians ad…

Multiple Measures of Juvenile Drug Court Effectiveness: Results of a Quasi-Experimental Design

ERIC Educational Resources Information Center

Rodriguez, Nancy; Webb, Vincent J.

2004-01-01

Prior studies of juvenile drug courts have been constrained by small samples, inadequate comparison groups, or limited outcome measures. The authors report on a 3-year evaluation that examines the impact of juvenile drug court participation on recidivism and drug use. A quasi-experimental design is used to compare juveniles assigned to drug court…

The Impact of Court-Ordered Desegregation on Student Enrollment and Residential Patterns in the Jefferson County Kentucky Public School District, Final Report.

ERIC Educational Resources Information Center

Cunningham, George K.; Husk, William L.

After reviewing the literature on school desegregation and the background of the comprehensive metropolitan school desegregation plan implemented in Louisville and Jefferson County in 1975, this report analyzes school enrollment and residential changes in the years after the plan was implemented. Data are presented for public and non-public school…

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

PubMed

Pignotti, Maria Serenella

2013-02-01

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

A Pilot Test of a Mobile App for Drug Court Participants

PubMed Central

Johnson, Kimberly; Richards, Stephanie; Chih, Ming-Yuan; Moon, Tae Joon; Curtis, Hilary; Gustafson, David H.

2016-01-01

The U.S. criminal justice system refers more people to substance abuse treatment than any other system. Low treatment completion rates and high relapse rates among addicted offenders highlight the need for better substance use disorder treatment and recovery tools. Mobile health applications (apps) may fill that need by providing continuous support. In this pilot test, 30 participants in a Massachusetts drug court program used A-CHESS, a mobile app for recovery support and relapse prevention, over a four-month period. Over the course of the study period, participants opened A-CHESS on average of 62% of the days that they had the app. Social networking tools were the most utilized services. The study results suggest that drug court participants will make regular use of a recovery support app. This pilot study sought to find out if addicted offenders in a drug court program would use a mobile application to support and manage their recovery. PMID:26917964

Meeting Health and Psychological Needs of Women In Drug Treatment Court

PubMed Central

Morse, Diane S.; Cerulli, Catherine; Bedell, Precious; Wilson, John L.; Thomas, Katherine; Mittal, Mona; Lamberti, J. Steven; Williams, Geoffrey; Silverstein, Jennifer; Mukherjee, Aninda; Walck, Donna; Chin, Nancy

2013-01-01

We explored healthcare-related experiences of women drug court participants through combining context from the Socio-Ecological Model with motivation needs for health behavior as indicated by self-determination theory. Five focus groups with 8 women drug court participants, 8 court staff, and 9 community service providers were examined using qualitative framework analysis. Themes emerged across the Socio-Ecological Model and were cross-mapped with self-determination theory-defined motivation needs for autonomy, relatedness, and competence. Socio-Ecological levels contained experiences either supporting or eroding women’s motivation needs: 1) intrapersonal challenges participants termed an “evil cycle” of relapse, recidivism, trauma, and life challenges; 2) interpersonal context of parenting and stigma involving features of this “evil cycle”; 3) institutions with logistical barriers to legal and medical assistance; 4) community resources inadequate to support living and employment needs. Self-determination theory helps explain motivation required to address the women’s healthcare needs and multiple demands at all levels of the Socio-Ecological Model. PMID:24074850

Meeting health and psychological needs of women in drug treatment court.

PubMed

Morse, Diane S; Cerulli, Catherine; Bedell, Precious; Wilson, John L; Thomas, Katherine; Mittal, Mona; Lamberti, J Steven; Williams, Geoffrey; Silverstein, Jennifer; Mukherjee, Aninda; Walck, Donna; Chin, Nancy

2014-02-01

We explored healthcare-related experiences of women drug court participants through combining context from the socio-ecological model with motivation needs for health behavior as indicated by self-determination theory. Five focus groups with 8 women drug court participants, 8 court staff, and 9 community service providers were examined using qualitative framework analysis. Themes emerged across the socio-ecological model and were cross-mapped with self-determination theory-defined motivation needs for autonomy, relatedness, and competence. Socio-ecological levels contained experiences either supporting or eroding women's motivation needs: (1) intrapersonal challenges participants termed an "evil cycle" of relapse, recidivism, trauma, and life challenges; (2) interpersonal context of parenting and stigma involving features of this "evil cycle"; (3) institutions with logistical barriers to legal and medical assistance; (4) community resources inadequate to support living and employment needs. Self-determination theory helps explain motivation required to address the women's healthcare needs and multiple demands at all levels of the socio-ecological model. © 2013.

Assisting the High Administrative Court in Restricting Too Broad a Concept of Academic Judgment.

PubMed

Cardao-Pito, Tiago

2016-01-01

I have received substantial monetary compensation and a formal apology from my first doctoral school, and a Ph.D. from another university. This essay describes my personal view on discussing the boundaries of academic judgment and research supervision with the ombudsman agency for higher education, and at the High Administrative Court of England and Wales. The Court's judicial doctrine addresses substantial research accountability matters. It clarifies that although the Court and ombudsman agency must not interfere with academic judgment, not everything done by an academic can be considered as academic judgment. A Ph.D. supervisor can seriously fail to perform his/her duties.

Supreme Court Strikes down a Gun Ban and Raises Questions for College Campuses

ERIC Educational Resources Information Center

Kelderman, Eric; Lipka, Sara

2008-01-01

The Supreme Court's landmark ruling overturning Washington, D.C.'s handgun ban could have implications for colleges that prohibit firearms on their campuses. Last month the court declared for the first time that the U.S. Constitution's Second Amendment protects an individual's right to keep a gun, not just the right of states to maintain armed…

Using a Reflective Court Report to Integrate and Assess Reflective Practice in Law

ERIC Educational Resources Information Center

Burton, Kelley

2016-01-01

In an Australian legal education context, there is minimal research on designing and implementing a court report as a summative assessment task. This journal article attempts to fill this gap by reflecting on the journey of a legal educator who pioneered a court report for a core final year course in a Bachelor of Laws program with large cohorts…

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

ERIC Educational Resources Information Center

Kelderman, Eric

2008-01-01

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

Teachers' Perceptions of the Efficacy of the Open Court Program for English Proficient and English Language Learners

ERIC Educational Resources Information Center

Lee, Steven K.; Ajayi, Lasisi; Richards, Rachel

2007-01-01

The purpose of the study is to examine teachers' perceptions of the Open Court language program. Open Court is published by McGraw Hill and has been approved by the "No Child Left Behind Act" as an appropriate research-based reading program. The Open Court program was adopted as part of the efforts to provide all elementary school…

Ontario appellate court overturns judgment for plaintiffs infected through tainted blood.

PubMed

Elliott, Richard

2002-03-01

On 29 November 2001, the Ontario Court of Appeal issued a lengthy decision overturning a lower-court judgment in favour of three hemophiliacs infected with HIV in 1985 through contaminated blood-factor concentrate. The joint decision in the three cases of Robb, Rintoul, and Farrow is the latest decision in litigation dating back to 1992. The plaintiffs alleged negligence by the Canadian Red Cross Society and the Canadian government for delays in introducing heat-treated concentrate after the risks posed by unheated product were known.

Montana's courting of physician aid in dying. Could Des Moines follow suit?

PubMed

Svenson, Arthur G

2010-09-01

Montana recently joined Oregon and Washington as the only states in the nation to legalize the choice among terminally ill adults to hasten death by self-administering a lethal dose of drugs prescribed by a physician. Unlike Oregon and Washington, however, Montana's legalization of physician aid in dying (PAID) resulted not from public consideration of a statewide initiative, but from the judicial resolution of a lawsuit, Baxter v. Montana. As originally conceived, a trial judge reasoned that the unenumerated right to PAID is embraced by enumerated state constitutional rights to privacy and dignity. On appeal, Montana's supreme court jettisoned this construct, and, in its place, fashioned a legal home for PAID out of state homicide, consent defense, and end-of-life statutes. Central to this court's statutory rendering is the finding that state law, allowing terminally ill Montanans sustained by life support to withdraw such treatment and die, discriminates against terminally ill Montanans not sustained by life support who seek death; these classes are similar, the justices reckoned, entitling both to choose death. This analysis examines Montana's courting of PAID, offering textual examination of state trial and appellate court opinions, an accounting of legal strategies advanced in amici curiae briefs, and commentary about the problems and prospects with Baxter's holding. I argue, ultimately, that the equality principles statutorily conceived in Baxter (1) could be parroted in the vast majority of states that both criminalize assisted suicide and enumerate constitutional equal protection guarantees, and (2) could replace sub silentio the equal protection paradigm applied to "physician-assisted suicide" by the United States Supreme Court in its landmark Vacco v. Quill ruling.

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 ...

The Black Superintendent and Court-Supervised Desegregation.

ERIC Educational Resources Information Center

Jones, Jerome B.

The court-ordered desegregation plan under which the St. Louis (Missouri) Public School District has operated since 1983 has had a mixed reception and has suffered from inadequate funding. The desegregation effort began with the filing in 1972 of a class action suit alleging that operation of the schools was unconstitutionally discriminatory.…

The Supreme Court's Impact on Public Education.

ERIC Educational Resources Information Center

Reutter, E. Edmund, Jr.

This volume presents an analysis and synthesis of the opinions of the Supreme Court explaining judgments that have directly decided education matters and those that have had substantial impact on public education policies and procedures even though the parties to the suits were not connected with public education. The chapters are structured…

The Courts and Student Rights -- Procedural Matters.

ERIC Educational Resources Information Center

Phay, Robert E.

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

Court of Appeals: EME Homer City Generation, L.P. v. Environmental Protection Agency, et al.

EPA Pesticide Factsheets

On January 24, 2013, the United States Court of Appeals for the D.C. Circuit denied EPA's petition for rehearing en banc of the Court's August 2012 decision to vacate the Cross-State Air Pollution Rule.

The blurred vision of Lady Justice for minors with mental disorders: records of the juvenile court in Belgium.

PubMed

Merlevede, Sofie; Vander Laenen, Freya; Cappon, Leen

2014-01-01

This study examined (1) the information present in juvenile court records in Belgium (Flanders) and (2) whether there are differences in information between records that mention a mental disorder and those that do not. The file study sample included 107 court records, and we used a Pearson's chi-square test and a t-test to analyze the information within those records. Information in juvenile court records varied considerably. This variability was evident when we compared juvenile court records with and without mention of a mental disorder. Significantly more information about school-related problems, the functioning of the minor, and the occurrence of domestic violence was included in records that mentioned a mental disorder compared with records that did not. The content of the juvenile court records varied, particularly with regard to the mental health status of the minor in question. We suggest guidelines to standardize the information contained in juvenile court records. Copyright © 2013 Elsevier Ltd. All rights reserved.

1. AERIAL VIEW OF WEST/FRONT AND NORTH/SIDE FACADES, LOOKING SOUTHEAST ...

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

1. AERIAL VIEW OF WEST/FRONT AND NORTH/SIDE FACADES, LOOKING SOUTHEAST (FROM LEFT TO RIGHT): VA-1272 Ball Building, 1437 N. Court House Road. VA-1273 Jesse Building, 1423-27 N. Court House Road. VA-1276 Jesse-Hosmer Building, 1419 N. Court House Road. VA-1275 Moncure (Adams, Porter, Radigan) Building, N. 1415 Court House Road. VA-1274 Rucker Building, N. 1403 Court House Road. - Lawyers' Row Block, North Court House Road between Fourteenth & Fifteenth Streets, Arlington, Arlington County, VA

Improving graduation rates for African Americans in drug court: Importance of human relationships and barriers to gaining and sustaining employment.

PubMed

Gallagher, John Robert; Nordberg, Anne; Dibley, Alyssa R

2017-11-16

Drug courts have been an important part of the criminal justice system since 1989. They continue to expand throughout the United States because nearly three decades of research has shown that they are more effective than other interventions, such as traditional probation. There is a pattern, though, in some drug courts where African Americans are less likely to graduate than their Caucasian counterparts. This qualitative study explores this phenomenon by asking African American participants (n = 31) their views on the most helpful aspects of drug court and how drug court could be more helpful in supporting them in graduating the program. Participants felt that the respect and compassion they received from the drug court judge and their case managers, as well as the camaraderie they developed with other participants, was an aspect of drug court that supported them in graduating the program. Next, participants felt that graduation rates would improve if drug court better supported them in gaining employment or sustaining the employment they already had. Implications for drug court practice are discussed.

An Investment Model Analysis of Relationship Stability among Women Court-Mandated to Violence Interventions

ERIC Educational Resources Information Center

Rhatigan, Deborah L.; Moore, Todd M.; Stuart, Gregory L.

2005-01-01

This investigation examined relationship stability among 60 women court-mandated to violence interventions by applying a general model (i.e., Rusbult's 1980 Investment Model) to predict intentions to leave current relationships. As in past research, results showed that Investment Model predictions were supported such that court-mandated women who…

5 CFR Appendix A to Subpart I of... - Recommended Language for Court Orders Awarding Former Spouse Survivor Annuities

Code of Federal Regulations, 2011 CFR

2011-01-01

... 5 Administrative Personnel 2 2011-01-01 2011-01-01 false Recommended Language for Court Orders.... I, App. A Appendix A to Subpart I of Part 838—Recommended Language for Court Orders Awarding Former Spouse Survivor Annuities This appendix provides recommended language for use in court orders awarding...

5 CFR Appendix A to Subpart I of... - Recommended Language for Court Orders Awarding Former Spouse Survivor Annuities

Code of Federal Regulations, 2010 CFR

2010-01-01

... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Recommended Language for Court Orders.... I, App. A Appendix A to Subpart I of Part 838—Recommended Language for Court Orders Awarding Former Spouse Survivor Annuities This appendix provides recommended language for use in court orders awarding...

Military Justice: Courts-Martial, an Overview

DTIC Science & Technology

2013-08-12

stages of a criminal prosecution. Criminal proceedings provide both the opportunity to contest guilt and to challenge the government’s conduct that...P. 11(a). Defendant is entitled to jury instructions explaining that guilt must be proved on the evidence beyond a reasonable doubt. Taylor v...Kentucky, 436 U.S. 478 (1978). Defendant is entitled to appear in court without unnecessary physical restraints or other indicia of guilt , such as

The Drone Court And Due Process

DTIC Science & Technology

2016-12-01

killings. However, specific people were targeted through the use of drones; it could be argued that this does, in fact, fit the definition of...Court (FISC) and Foreign Intelligence Surveillance Act (FISA) are the same and used interchangeably. 9 Amos N. Guiora and Jeffrey S. Brand ...receives, and that judges use when deciding if the same executive branch can pursue surveillance in a given case. Guiora and Brand point out that

78 FR 14017 - Courts of Indian Offenses

Federal Register 2010, 2011, 2012, 2013, 2014

2013-03-04

... under the jurisdiction of CFR Courts. The two tribes to be added are Skull Valley Band of Goshute... Seneca-Cayuga Tribe and the Skull Valley Band of Goshute Indians. This rule inserts these tribes into 25... Skull Valley Band of Goshute Indians and the Seneca-Cayuga Tribe have limited resources and are in need...

Evolution, Creationism, and the Courts: 20 Questions

ERIC Educational Resources Information Center

Moore, Randy; Miksch, Karen L.

2003-01-01

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

The Courts, Social Science, and School Desegregation.

ERIC Educational Resources Information Center

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

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

Appeals court reverses verdict favoring drug companies.

PubMed

1995-06-02

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

Court upholds limits on second-trimester abortions.

PubMed

1979-08-01

On May 21 a New Jersey superior court ruled that regulations limiting the performance of 2nd trimester abortions on an outpatient basis are within a state's purview. This decision upholds the "termination of pregnancy rule" issued by the New Jersey State Board of Medical Examiners in 1978. This rule provides that beyond the 1st trimester and within a period not exceeding 16 menstrual weeks and/or 14 gestational weeks, abortions by the dilation and evacuation method may be performed in a hopsital or licensed clinic on an outpatient basis. 2nd trimester abortions performed by any other method or beyond the specific period must be performed in a hospital on an inpatient basis. Responding to the argument that the regulation unconstitutionally infringed on a woman's right to seek an abortion, the court maintained, pursuant to Roe v. Wade, that beyond the 1st trimester, the state has a "compelling" interest in safeguarding the woman's health and safety and may issue regulations "reasonably related" to realizing that interest.

South African court rejects country's new constitution.

PubMed

1996-09-20

Fundamental principles designed to ensure that South Africa's new constitution upholds a wide range of individual rights and freedoms and establishes a responsive government with a balanced separation of powers, including recognition of the role of traditional tribal leadership, were adopted into the current interim constitution shortly before the 1994 free elections which brought Nelson Mandela and the African National Congress to power. In a judgement issued on September 6, 1996, South Africa's Constitutional Court rejected the country's new draft constitution, arguing that it failed to meet the standards of nine of the 34 principles established at the Kempton Park negotiations. The Constitutional Assembly is comprised of a joint meeting of the National Assembly and Senate. One of the court's major objections to the constitution concerned the proposed structure of rule, which was seen to give inadequate power to South Africa's nine provinces as compared with the national government. However, the bill of rights was almost entirely upheld. The bill would create a favorable environment for legalized abortion and guarantee a universal right of access to health care, including reproductive health services

Domestic Violence Courts: A Multisite Test of Whether and How They Change Offender Outcomes.

PubMed

Cissner, Amanda B; Labriola, Melissa; Rempel, Michael

2015-09-01

Findings are from an investigation of 24 criminal domestic violence courts (DVCs) across New York, testing their effect on recidivism, case processing, and case resolutions. Overall, we found a small positive impact on recidivism among convicted offenders. We further found that the sex of defendants moderated the court impact on case resolutions; that is, among male defendants only, DVCs increased conviction rates and sentences involving jail or prison. In addition, multi-level, multivariate analyses found that court policies specifically designed to increase victim safety, hold offenders accountable, and reduce offender recidivism (through deterrence or rehabilitation) were instrumental in reducing recidivism. © The Author(s) 2015.

22 CFR 40.4 - Furnishing records and information from visa files for court proceedings.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Furnishing records and information from visa files for court proceedings. 40.4 Section 40.4 Foreign Relations DEPARTMENT OF STATE VISAS REGULATIONS... Provisions § 40.4 Furnishing records and information from visa files for court proceedings. Upon receipt of a...

22 CFR 40.4 - Furnishing records and information from visa files for court proceedings.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 22 Foreign Relations 1 2012-04-01 2012-04-01 false Furnishing records and information from visa files for court proceedings. 40.4 Section 40.4 Foreign Relations DEPARTMENT OF STATE VISAS REGULATIONS... Provisions § 40.4 Furnishing records and information from visa files for court proceedings. Upon receipt of a...

22 CFR 40.4 - Furnishing records and information from visa files for court proceedings.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 22 Foreign Relations 1 2013-04-01 2013-04-01 false Furnishing records and information from visa files for court proceedings. 40.4 Section 40.4 Foreign Relations DEPARTMENT OF STATE VISAS REGULATIONS... Provisions § 40.4 Furnishing records and information from visa files for court proceedings. Upon receipt of a...

22 CFR 40.4 - Furnishing records and information from visa files for court proceedings.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Furnishing records and information from visa files for court proceedings. 40.4 Section 40.4 Foreign Relations DEPARTMENT OF STATE VISAS REGULATIONS... Provisions § 40.4 Furnishing records and information from visa files for court proceedings. Upon receipt of a...

The First Amendment and the Rehnquist Court: Protecting Majority Values or Limiting Individual Liberty?

ERIC Educational Resources Information Center

Schimmel, David

1991-01-01

Examines recent Supreme Court opinions to illustrate how the justices are reinterpreting the First Amendment. Discusses student freedom of expression, freedom of religion, the free exercise clause, and the establishment clause. Concludes that a perceived trend in court decisions to limit freedom of religion and expression requires teachers to help…

[Psychiatry and criminology in Criminal Justice: Jury Trial Courts and Appellate Courts in the Federal District of Rio de Janeiro, during the 1930s].

PubMed

Dias, Allister Andrew Teixeira

2015-01-01

As part of a research study on the 1930s and 1940s medical-criminological debate in Brazil, this research paper analyzes some of the uses and criticisms of arguments of a psychiatric and criminological nature, among certain jurists who carried out important work in the city of Rio de Janeiro during the 1930s. In this context, these magistrates, tended to have significant psychiatric and criminological knowledge, in spite of all the heterogeneity, plurality and differences in perspectives that existed among them. We selected two principal areas to conduct an analysis of the activities of these jurists: the Appellate Court of the Federal District of Rio de Janeiro and Jury Trial Courts.