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.

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)

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…

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…

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

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…

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…

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.

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

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.

United Mine Workers V. Bagwell: New restrictions on severe civil contempt fines

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

NONE

1995-11-01

In Bagwell II, the Supreme Court was asked to determine whether the trial court should have applied certain procedural protections, in effect limiting that court`s ability to impose millions of dollars in contempt sanctions. The Court found that the $52 million in fines levied against the United Mine Workers of America (UMWA) for violations of a Virginia Circuit Court`s order were {open_quotes}serious{close_quotes} enough to entitle the UMWA to the safeguards of a criminal jury trial. Bagwell Ii may be a step toward change. The Supreme Court acknowledged that its lack of guidance has resulted in an unrestrained use of themore » contempt power by lower courts. However, the Court refused to abandon the criminal/civil distinction created in Gompers, as some in favor of reform have suggested. Thus, the confusion over what constitutes a criminal contempt sanction as opposed to a civil contempt sanction continues. Bagwell II does appear to create a new catagory of indirect contempt. This catagory of contempt requires a level of procedural protection similar to those required in criminal contempt. The Court distinguishes these contempt from other civil contempt by considering the complexity of both the contemptuous conduct and the court order. As Justice Scalia noted in his concurring opinion, changes in use and form of court orders have made the traditional civil/criminal distinction an inadequate basis for attaching procedural rights.« less

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…

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...

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…

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

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

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.

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…

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...

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...

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...

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

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

76 FR 13997 - Privacy Act of 1974; System of Records

Federal Register 2010, 2011, 2012, 2013, 2014

2011-03-15

... Corps: appointment; duties; Rules for Courts-Martial (RCM) Rule 109, Manual for Courts-Martial United... Advocate General's Corps: Appointment; duties; Rules for Courts-Martial (RCM) Rule 109, Manual for Courts...

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

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.

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...

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...

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...

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)

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…

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 case. Seven federal courts in addition to the US Courts of Appeals for the Fourth and Eleventh Circuits, have found FACE to be constitutional; one has not.

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

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

PubMed

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

2017-08-01

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

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...

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.

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.

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

School Law.

ERIC Educational Resources Information Center

Splitt, David A.

1986-01-01

Reviews four recent court decisions affecting school law. A Circuit Court of Appeals ruling upheld Norfolk Schools' decision to abolish busing and reinstate neighborhood schools. The United States Supreme Court dismissed appeals to lower court decisions involving a minimum grade prerequisite, a teacher's privacy rights, and an "adult"…

Finance.

ERIC Educational Resources Information Center

MacPhail-Wilcox, Bettye; Anthony, Pat

One Supreme Court decision, seven federal appellate decisions, and two district court decisions were published in the area of school finance in 1990. The Supreme Court reviewed a case concerning allegations of school district segregation, along with an ensuing tax assessment issue. Federal appellate courts handed down decisions involving alleged…

5 CFR 838.721 - Application requirements.

Code of Federal Regulations, 2010 CFR

2010-01-01

... (CONTINUED) COURT ORDERS AFFECTING RETIREMENT BENEFITS Procedures for Processing Court Orders Awarding Former... former spouse survivor annuity based on a court order acceptable for processing. No special form is required to give OPM notice of the court order. (2) OPM may require an additional application after the...

5 CFR 838.421 - Application requirements.

Code of Federal Regulations, 2010 CFR

2010-01-01

... (CONTINUED) COURT ORDERS AFFECTING RETIREMENT BENEFITS Procedures for Processing Court Orders Affecting... application letter must be accompanied by— (1) A certified copy of the court order acceptable for processing... the former spouse's representative that the court order is currently in force and has not been amended...

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.

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...

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.

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

PubMed

1992-01-01

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

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.

5 CFR 838.1005 - Applications by former spouse.

Code of Federal Regulations, 2010 CFR

2010-01-01

... REGULATIONS (CONTINUED) COURT ORDERS AFFECTING RETIREMENT BENEFITS Court Orders Affecting Civil Service.... (b) The application letter must be accompanied by— (1) A certified copy of the court order granting benefits under CSRS; and (2) A statement that the court order has not been amended, superseded, or set...

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…

25 CFR 11.905 - Jurisdiction.

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 § 11.905 Jurisdiction. The children's court has exclusive, original jurisdiction of the... established is alleged to be a juvenile offender, unless the children's court transfers jurisdiction to the...

25 CFR 11.203 - How are the clerks of the Court of Indian Offenses appointed and what are their duties?

Code of Federal Regulations, 2014 CFR

2014-04-01

... THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses...) The clerk shall render assistance to the court, to local law enforcement officers and to individual...

25 CFR 11.203 - How are the clerks of the Court of Indian Offenses appointed and what are their duties?

Code of Federal Regulations, 2013 CFR

2013-04-01

... THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses...) The clerk shall render assistance to the court, to local law enforcement officers and to individual...

25 CFR 11.203 - How are the clerks of the Court of Indian Offenses appointed and what are their duties?

Code of Federal Regulations, 2011 CFR

2011-04-01

... THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses...) The clerk shall render assistance to the court, to local law enforcement officers and to individual...

25 CFR 11.203 - How are the clerks of the Court of Indian Offenses appointed and what are their duties?

Code of Federal Regulations, 2012 CFR

2012-04-01

... THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses...) The clerk shall render assistance to the court, to local law enforcement officers and to individual...

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,…

22 CFR 19.2 - Definitions.

Code of Federal Regulations, 2012 CFR

2012-04-01

...) Court Order means any court decree of divorce or annulment, or any court approved property settlement agreement incident to any court decree of divorce or annulment. (h) Department means the Department of State. (i) Divorce means the dissolution of a marriage by a final decree of divorce or annulment. (j...

22 CFR 19.2 - Definitions.

Code of Federal Regulations, 2013 CFR

2013-04-01

...) Court Order means any court decree of divorce or annulment, or any court approved property settlement agreement incident to any court decree of divorce or annulment. (h) Department means the Department of State. (i) Divorce means the dissolution of a marriage by a final decree of divorce or annulment. (j...

22 CFR 19.2 - Definitions.

Code of Federal Regulations, 2011 CFR

2011-04-01

...) Court Order means any court decree of divorce or annulment, or any court approved property settlement agreement incident to any court decree of divorce or annulment. (h) Department means the Department of State. (i) Divorce means the dissolution of a marriage by a final decree of divorce or annulment. (j...

22 CFR 19.2 - Definitions.

Code of Federal Regulations, 2014 CFR

2014-04-01

...) Court Order means any court decree of divorce or annulment, or any court approved property settlement agreement incident to any court decree of divorce or annulment. (h) Department means the Department of State. (i) Divorce means the dissolution of a marriage by a final decree of divorce or annulment. (j...

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...

Dealing with mentally ill domestic violence perpetrators: A therapeutic jurisprudence judicial model.

PubMed

Winick, Bruce J; Wiener, Richard; Castro, Anthony; Emmert, Aryn; Georges, Leah S

2010-01-01

People suffering from mental illness are increasingly referred to the domestic violence court. Yet the typical diversion programs available, including batterer's intervention programs, are inappropriate for those with serious mental illness. As a result, the Miami-Dade Domestic Violence Court has developed a new approach for dealing with this population that applies mental health court techniques in domestic violence court. This article will describe and discuss this pioneering model. It also will situate this model within the context of other problem-solving courts and discuss how the court uses principles and approaches of therapeutic jurisprudence. The paper presents some preliminary data that describe the social and legal characteristics of 20 defendants in the Domestic Violence Mental Health Court followed over a two year period between 2005 and 2007. Copyright © 2010 Elsevier Ltd. All rights reserved.

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.

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…

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…

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. ...

25 CFR 11.910 - Expungement.

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 § 11.910 Expungement. When a minor who has been the subject of any proceeding before the children's court attains his or her twenty-first birthday, the children's court magistrate shall order the...

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...

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...

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,…

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...

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)

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.

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.

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.

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.…

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.…

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...

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…

28 CFR 527.42 - Limitations on transfer of offenders to foreign countries.

Code of Federal Regulations, 2010 CFR

2010-07-01

... imposed in a United States court without the permission of the court imposing the fine. When considered appropriate, the Warden may contact the sentencing court to request the court's permission to process the inmate's application for return to the inmate's country of citizenship. [48 FR 2502, Jan. 19, 1983...

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…

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

ERIC Educational Resources Information Center

Brown, Randall

2011-01-01

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

77 FR 32138 - Agency Information Collection Agencies: Proposed Collection; Comments Requested Census of Problem...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-05-31

... Agencies: Proposed Collection; Comments Requested Census of Problem-Solving Courts 2012 ACTION: 30-Day...-Solving Courts (CPSC), 201 2. The title of the form/collection: Census of Problem-Solving Courts or CPSC... Abstract: Problem-solving courts at all levels of government. Abstract: The Bureau of Justice Statistics...

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…

Student Expression: The Uncertain Future

ERIC Educational Resources Information Center

Bathon, Justin M.; McCarthy, Martha M.

2008-01-01

On June 25, 2007, the United States Supreme Court rendered its decision in "Morse v. Frederick", a long-awaited ruling regarding student speech in public schools. For nearly twenty years, the Supreme Court had been silent on the issue while lower courts attempted to apply the rules announced in previous Supreme Court decisions. It is…

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…

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…

KQED: A Case Study in Confusion.

ERIC Educational Resources Information Center

Huttenstine, Marian L.; Hamner, Claire

The United States Supreme Court's ruling in the "Houchins v KQED" case exemplifies the confusion of that court concerning any consistent view of the First Amendment of the United States Constitution, especially in terms of newsgathering and prior restraint. In this case, the Court reversed a lower court's decision that had held invalid a…

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

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.

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

Recent developments in the health care area.

PubMed

Harper, T D; Berg, R N

1980-09-01

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

"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…

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…

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…

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…

25 CFR 11.311 - Subpoenas.

Code of Federal Regulations, 2010 CFR

2010-04-01

... Criminal Procedure § 11.311 Subpoenas. (a) Upon request of any party, the court shall issue subpoenas to... either by the clerk of the court or by a magistrate of the Court of Indian Offenses and which are to be... shall bear the signature of the chief magistrate of the Court of Indian Offenses, and it shall state the...

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...

Supreme Court Agrees to Review Case of Nevada Coach; Will Focus on Role of the NCAA as a Governmental Body.

ERIC Educational Resources Information Center

Lederman, Douglas

1987-01-01

The Supreme Court agreed to review a ruling by the Nevada Supreme Court that the NCAA had violated Jerry Tarkanian's constitutional right to due process. The Court will focus on whether the NCAA acts as a governmental body when it regulates college sports. (MLW)

Fair Employment Implication for HRD: The Case of Washington vs. Davis

ERIC Educational Resources Information Center

Sharf, James C.

1977-01-01

Examines several decisions of district and appeals courts and the Supreme Courts, both State and Federal, under title VII of the Civil Rights Act of 1964 and their implications for personnel and training management. In a reversal of the appeals court decision, the Supreme Court ruled in the case of Washington vs. Davis that the…

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...

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 11.100 - 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 11.201 - 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...

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 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…

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…

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…

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…

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.…

In re K.I.

PubMed

1999-07-29

The District of Columbia Court of Appeals upheld a lower court decision that had issued a do-not-resuscitate order over the objection of an infant's biological mother. The Court of Appeals agreed that the trial court had jurisdiction to enter a DNR order for an adjudicated neglected child. The infant was "neurologically devastated," although able to feel pain. While a parent has a fundamental liberty interest in her child, this interest is outweighed by the "best interests of the child." The Court held the substituted judgment standard to be inapplicable to cases involving infants.

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.

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

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.

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.

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.

Loading differences in single-leg landing in the forehand- and backhand-side courts after an overhead stroke in badminton: A novel tri-axial accelerometer research.

PubMed

Sasaki, Shogo; Nagano, Yasuharu; Ichikawa, Hiroshi

2018-05-10

Anterior cruciate ligament (ACL) injuries in badminton commonly occur during single-leg landing after an overhead stroke in the backhand-side court. This study compared differences in trunk acceleration and kinematic variables during single-leg landing in the forehand- and backhand-side courts after an overhead stroke. Eighteen female junior badminton players performed two singles games while wearing a tri-axial accelerometer. The moment that over 4g of resultant acceleration was generated was determined using synchronised video cameras. Trunk lateral inclination and hip abduction angles at the point of landing with over 4g of resultant acceleration were analysed. Mediolateral acceleration in the backhand-side court was greater than that in the opposite-side court (p < 0.001, ES = 0.840). Both trunk lateral angles were larger than those previously reported in injured participants and the hip abduction angle in the backhand-side court was larger than that in the forehand-side court (p < 0.001, ES = 2.357). The lateral and vertical acceleration in the backhand-side court showed moderate-to-strong correlations with the trunk and hip angles. The mediolateral physical demand and high-risk posture in the backhand-side court may be associated with a higher incidence of knee injuries during badminton games.

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.

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…

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…

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…

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...

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…

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…

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…

Unconstitutionality of abortion laws affirmed.

PubMed

1979-08-01

A federal appeals court has affirmed lower court rulings that substantial portions of the Illinois' 1975 Abortion Act and 1977 Abortion Parental Consent Act are unconstitutional. The 7th Court adopted an April 12, 1978 district court opinion that invalidated several sections of the Illinois 1975 abortion statute, including parental and spousal consent requirements and provisions requiring that a woman be informed of the "physical competency" of the fetus at the time the abortion was to be performed. The appeals court specifically addressed the statute's provision making a liveborn fetus resulting from an abortion a ward of the state, unless the abortion was performed to save the woman's life. Regarding the 1977 Parental Consent Act, the 7th Circuit reaffirmed its August 1978 ruling that it is unconstitutional to require an unmarried minor to have the consent of both parents or, if they refused consent, a circuit court judge before undergoing an abortion. The appeals court also agreed with the lower court's November 2nd ruling that the Act's requirement of a 48-hour delay between the time the minor gives her consent and the performance of an abortion violated the equal protection clause of the 14th amendment.

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.

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

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.

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.

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

In re Estate of Longeway.

PubMed

1989-11-13

The guardian of an incompetent patient appealed a lower court's decision dismissing the guardian's petition to withdraw artificially administered nutrition and hydration from the patient. The Illinois Supreme Court ruled that the guardian could exercise the right to refuse artificial nutrition and hydration on behalf of the patient under certain conditions. The patient must be terminally ill and diagnosed as irreversibly comatose. The patient's attending physician and two other consulting physicians must concur in this diagnosis. Also, a court order is required for the guardian to withdraw life support. The court further ruled that specific express intent is helpful in determining whether to withdraw artificial sustenance, but it is not necessary for exercising the guardian's substituted judgement. The Illinois Supreme Court reversed the lower court's dismissal and remanded the case for further proceedings.

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.

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

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.…

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…

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…

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…

The Right to Minority Language Public School Education as a Function of the Equality Guarantee: A Reanalysis of the "Gosselin" Supreme Court of Canada Charter Case

ERIC Educational Resources Information Center

Grover, Sonja

2006-01-01

This paper concerns a recent Supreme Court of Canada decision dealing ostensibly with the protection of language minority rights. The case, in fact, however, concerns the Court imposing statutory limits on constitutionally guaranteed equality and liberty rights. The Court in the instant case held as constitutional Quebec legislation permitting…

Ending to What End? The Impact of the Termination of Court-Desegregation Orders on Residential Segregation and School Dropout Rates

ERIC Educational Resources Information Center

Liebowitz, David D.

2018-01-01

In the early 1990s, the Supreme Court established standards to facilitate the release of school districts from racial desegregation orders. Over the next two decades, federal courts declared almost half of all districts under court order in 1991 to be "unitary"--that is, to have met their obligations to eliminate dual systems of…

The 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…

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.

Randomized control trial follow-up: Online program and waiting period for unmarried parents in Title IV-D Court.

PubMed

Rudd, Brittany N; Poladian, Ani R; Holtzworth-Munroe, Amy; Applegate, Amy G; D'Onofrio, Brian M

2017-04-01

Despite a lack of research on parent programs for separating unmarried parents, many judicial officers mandate participation. Rudd, Holtzworth-Munroe, Reyome, Applegate, and D'Onofrio (2015) conducted the only randomized controlled trial of any online parent program for separating parents, ProudToParent.org (PTP), and related court processes (e.g., having a waiting period between the establishment of paternity and the court hearing regarding child related issues vs. having the hearing the same day). They recruited a unique sample of 182 cases in a Title IV-D Court (i.e., a court for primarily low income parents) (Authorization of Appropriations, 42 U.S.C. § 651, 2013), in which paternity was previously contested but subsequently established via court-ordered genetic testing. Unexpectedly, cases assigned to PTP and a waiting period were the least likely to reach agreement at their court hearing. In the current study, we extend these results to examine the impact of the study conditions on relitigation in the year following the court hearing; only 11.2% of cases filed a motion, and 7.8% had a hearing. The group that was least likely to reach full initial agreement (i.e., assigned to PTP and the waiting period) were the most likely to relitigate. Further, controlling for study conditions, reaching a full agreement in the Title IV-D court decreased the odds of having a court hearing in the following year. Reaching agreements on the specific issues involved in such cases (e.g., custody, child support) reduced the likelihood of both motions and hearings in the year after the Title IV-D hearings. The implications of these findings are discussed. (PsycINFO Database Record (c) 2017 APA, all rights reserved).

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.

Brain arginine vasotocin and isotocin in breeding female three-spined sticklebacks (Gasterosteus aculeatus): the presence of male and egg deposition.

PubMed

Kulczykowska, Ewa; Kleszczyńska, Agnieszka

2014-08-01

Arginine vasotocin (AVT) and isotocin (IT) are fish hypothalamic nonapeptides involved in numerous social and reproductive behaviors. Vasotocinergic and isotocinergic fibers project to different brain areas where peptides act as neurotransmitters and/or neuromodulators. In this study, we measured whole brain levels of bioactive AVT and IT in breeding females of three-spined stickleback (Gasterosteus aculeatus) when they were kept with: (i) courting nest-owners, (ii) courting males that did not build the nest, (iii) non-courting males, and (iv) alone. Only some of the females kept with courting nest-owners deposited eggs. The highest and similar brain AVT levels were in those of females that did not deposit eggs, regardless of whether they were kept with non-courting or courting male, having the nest or not. The highest IT levels were in females that did not deposit eggs but only in those kept with courting male. We suggest that production of AVT in females' brain is stimulated by the presence of male in close proximity, irrespective of whether or not it displays courting behavior, but that of IT is stimulated by male courtship proxies. Moreover, presence of courting or non-courting male that stimulate IT or/and AVT producing neurones may be decisive for final oocyte maturation or egg deposition, because brain levels of both nonapeptides decrease after egg deposition. Similar AVT levels in brains of aggressive and non-aggressive individuals and lack of correlation between brain IT levels and aggressive behavior of females suggest that the nonapeptides are not related to females aggressiveness in three-spined sticklebacks. Copyright © 2014. Published by Elsevier Inc.

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

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

PubMed

Kune, Randall; Kune, Gabriel

2007-02-01

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

[Is retrospective preventive detention finished? Legal consequences of the verdict of the European Court of Human Rights from 17.12.2009].

PubMed

Leygraf, J

2010-07-01

On 17.12.2009 the European Court of Human Rights announced a verdict on the admissibility of retrospective abolition of the 10-year time limit for the first preventive detention for violent criminals after a court process lasting 5.5 years. The Court decreed that this was a breach of the Convention and awarded the internee damages of 50,000 EUR. This verdict, which has initially brought the damages to the person concerned but not freedom, will have substantial effects on the right of preventive detention. This decision is final since 10 May 2010 after the High Court rejected the appeal of the Federal Government. This article presents the verdict of the European Court and discusses the sequelae for the right of preventive detention.

In re Schuoler.

PubMed

1986-01-01

Court Decision: 723 Pacific Reporter, 2d Series 1103; 1986 Aug 7 (date of decision). Five days after appellant Schuoler was hospitalized for mental illness, her treating psychiatrist petitioned a local Washington court to authorize electroconvulsive therapy (ECT) against her wishes. The trial court granted the petition and refused to stay Schuoler's treatment pending appeal. Although the case was moot the Washington Supreme Court reviewed the controversy and held that, contrary to Schuoler's assertions, the trial court was not required to determine the patient's competency or conduct a guardianship proceeding prior to authorizing ECT. Rather, the court should have made a substituted judgment about the patient's desires after considering and setting forth findings on the nature of such desires, whether the state had a significant interest in compelling treatment, and whether ECT was necessary and effective to satisfy the state interest implicated.

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.

Finding the loopholes: a cross-sectional qualitative study of systemic barriers to treatment access for women drug court participants.

PubMed

Morse, Diane S; Silverstein, Jennifer; Thomas, Katherine; Bedel, Precious; Cerulli, Catherine

2015-12-01

Therapeutic diversion courts seek to address justice-involved participants' underlying problems leading to their legal system involvement, including substance use disorder, psychiatric illness, and intimate partner violence. The courts have not addressed systemic hurdles, which can contribute to a cycle of substance use disorder and recidivism, which in turn hinder health and wellness. The study purpose is to explore the systemic issues faced by women participants in drug treatment court from multiple perspectives to understand how these issues may relate to health and wellness in their lives. Qualitative thematic framework analysis of five separate focus groups consisting of female drug treatment court participants, community providers, and court staff ( n = 25). Themes were mapped across the socio-ecological framework and contextualized according to social determinants of health. Numerous systemic factors impacted women's access to treatment. Laws and legal policies (governance) excluded those who could potentially have benefitted from therapeutic court and did not allow consideration of parenting issues. Macroeconomic policies limit housing options for those with convictions. Social policies limited transportation, education, and employment options. Public policies limited healthcare and social protection and ability to access available resources. Culture and societal values, including stigma, limited treatment options. By understanding the social determinant of health for women in drug treatment court and stakeholder's perceptions, the legal system can implement public policy to better address the health needs of women drug court participants.

20 CFR 1002.310 - How are fees and court costs charged or taxed in an action under USERRA?

Code of Federal Regulations, 2010 CFR

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false How are fees and court costs charged or taxed... Enforcement of Rights and Benefits Against A State Or Private Employer § 1002.310 How are fees and court costs charged or taxed in an action under USERRA? No fees or court costs may be charged or taxed against an...

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.

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.

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.

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)

Whitner v. State.

PubMed

1997-11-19

The Supreme Court of South Carolina held that a viable fetus is a child within the meaning of the state's child endangerment statute. The court defined a viable fetus as one that is capable of independent life apart from the mother. In this case, the mother had ingested crack cocaine during the third trimester of her pregnancy and was convicted of criminal child neglect by a lower court. Her petition for post-conviction relief was granted by the lower court. On appeal, the Supreme Court of South Carolina reversed the lower court's decision, rejecting, as without merit, the mother's arguments that her conviction had violated both her due process rights, and her right to privacy under the Fourteenth Amendment to the U.S. Constitution. The court ruled that the state had a compelling interest to ensure the life and health of a viable fetus. Two justices dissented, one on the grounds that the term "child" in the child endangerment statute did not apply to fetuses, and one on the grounds that the statute does not regulate the conduct of a woman toward her unborn child.

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...

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)

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.

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

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

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

Mutatis Mutandis? The Court of Justice of the European Union Rules that Member States May Be Allowed to Impose Non-Resident Student Quotas

ERIC Educational Resources Information Center

Observatory on Borderless Higher Education, 2010

2010-01-01

Earlier this month, the Court of Justice of the European Union (the Court), ruled that European Union (EU) member states can impose non-resident student quotas in certain circumstances. The Court, whose job is to ensure that all EU member states interpret and apply EU legislation in the same way, recently made the ruling in response to a…

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.

Carrying guns in public: legal and public health implications.

PubMed

Vernick, Jon S

2013-03-01

In District of Columbia v. Heller, the U.S. Supreme Court ruled that the Second Amendment protects an individual's right to own handguns in the home for protection, invalidating a Washington, D.C. law banning most handgun possession. The Heller decision, however, provided lower courts with little guidance regarding how to judge the constitutionality of gun laws other than handgun bans. Nevertheless, lower courts have upheld the vast majority of federal, state, and local gun laws challenged since Heller. One area in which some lower courts have disagreed has been the constitutionality of laws regulating the ability to carry firearms in public. This issue may be the next to be addressed by the Supreme Court under its evolving Second Amendment jurisprudence. Courts should carefully consider the negative public health and safety implications of gun carrying in public as they weigh the constitutionality of these laws. © 2013 American Society of Law, Medicine & Ethics, Inc.

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.

Hodgson v. Minnesota.

PubMed

1990-06-25

Doctors, clinics, pregnant minors, and the mother of a pregnant minor filed suit in District Court to enjoin enforcement of Minnesota's abortion statute. The plaintiffs objected on due process and equal protection grounds to subdivisions of the statute mandating either that both parents of a minor be notified of her pending abortion, or, in lieu of two-parent notification, that a court authorize the abortion after determining that the minor is capable of giving informed consent. The District Court declared the entire statute unconstitutional. The Court of Appeals reversed, ruling that the provision for judicial bypass of the two-parent notification requirement was valid and saved the statute as a whole. In a 5-4 decision, the U.S. Supreme Court affirmed the Court of Appeals judgment. It concluded that while the two-parent notification requirement in itself violated the Constitution, the statute was rendered constitutional by the judicial bypass provision.

75 FR 25260 - Proposed Information Collection Activity; Comment Request

Federal Register 2010, 2011, 2012, 2013, 2014

2010-05-07

... State court for a dependency order and who also seek to invoke the jurisdiction of a State court to... sensitive since a child must ask a State court for dependency before turning 18 years old. In developing...

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

School Law.

ERIC Educational Resources Information Center

Splitt, David A.

1986-01-01

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

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

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

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

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...

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.

Murphy v. Bord Telecom Eireann, 4 February 1988.

PubMed

1988-01-01

Upon referral by the Irish High Court, the European Court of Justice held that, under Article 119 of the Treaty of Rome, the principle of equal pay for equal work prohibits workers of one sex engaged in work of higher value than the work of workers of the opposite sex from being paid less than the workers of the opposite sex. Upon remand, the Irish High Court sent the case back to the Labour Court with the instruction that the Labour Court should make a ruling as though the applicant women and the male comparator were engaged in "like work." See Common Market Law Reports, No. 2, 1988, p. 753. full text

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.

Federal Habeas Corpus: A Brief Legal Overview

DTIC Science & Technology

2006-04-26

are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law...filing a motion for a stay and an appeal from the district court’s denial of the writ. The AEDPA creates a 180-day statute of limitations for filing...review interlocutory orders in such cases, to limit our jurisdiction under 1254(2)[relating to Supreme Court review of questions certified by a court of

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

[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.

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.

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

PubMed

Cherry, Mark J

2013-06-01

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

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.

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.

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

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

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

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)

The impact of Wyeth v. Levine on FDA regulation of prescription drugs.

PubMed

Ausness, Richard C

2010-01-01

In Wyeth v. Levine, decided in March, 2009, the United States Supreme Court concluded that the plaintiff's failure to warn claim against the makers of the drug Phenergan was not impliedly preempted by the Food, Drug and Cosmetic Act. In doing so, the Court rejected the argument of the U.S. Food and Drug Administration (FDA) that tort claims of this nature stand as an obstacle to federal regulatory objectives. This Article evaluates the Court's opinion in Wyeth and examines that decision's impact on subsequent litigation in the area of prescription drug labeling. The Article first discusses the preemption doctrine and its application to state law tort claims against product manufacturers. It then reviews the history of implied preemption of tort claims against manufacturers of FDA-approved prescription drugs prior to Wyeth and then discusses the Wyeth decisions in the Vermont Supreme Court and the United States Supreme Court. Finally, the Article evaluates some of the prescription drug preemption cases that have been decided in the lower federal courts since Wyeth and suggests that these courts are now reluctant to preempt failure to warn claims unless a manufacturer affirmatively seeks permission from FDA to change a drug's labeling.

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.

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.

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.

76 FR 80902 - Senior Executive Service; Performance Review Board; Members

Federal Register 2010, 2011, 2012, 2013, 2014

2011-12-27

... COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA Senior Executive Service; Performance Review Board; Members AGENCY: Court Services and Offender Supervision Agency for the... agency's Senior Executive Service. The PRB established for the Court Services and Offender Supervision...

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

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)

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)

Enhancing Drug Court Success

ERIC Educational Resources Information Center

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

2009-01-01

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

A Right Way and a Wrong Way: Remedying Excessive Post-Trial Delay in Light of Tardiff, Moreno, and Toohey

DTIC Science & Technology

2007-04-01

Guard (enlisted service), 1991-1993. Member of the bars of the Commonwealth of Virginia, the United States Court of Appeals for the Federal Circuit...the United States Court of Appeals for the Armed Forces, the Court of Federal Claims, and the United States Army Court of Criminal Appeals . This...I. Introduction 3 II. Historical Background 6 A. History of Criminal Appeals 6 B. Post-Trial Delay Cases 11 III. United States v. Tardiff. 21 IV

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.

The Child Witness in the Courtroom.

PubMed

Pantell, Robert H

2017-03-01

Beginning in the 1980s, children have increasingly served as witnesses in the criminal, civil, and family courts; currently, >100 000 children appear in court each year. This statement updates the 1992 American Academy of Pediatrics (AAP) policy statement "The Child as a Witness" and the subsequent 1999 "The Child in Court: A Subject Review." It also builds on existing AAP policy on adverse life events affecting children and resources developed to understand and address childhood trauma. The purpose of this policy statement is to provide background information on some of the legal issues involving children testifying in court, including the accuracy and psychological impact of child testimony; to provide suggestions for how pediatricians can support patients who will testify in court; and to make recommendations for policy improvements to minimize the adverse psychological consequences for child witnesses. These recommendations are, for the most part, based on studies on the psychological and physiologic consequences of children witnessing and experiencing violence, as well as appearing in court, that have emerged since the previous AAP publications on the subject. The goal is to reduce the secondary traumatization of and long-term consequences for children providing testimony about violence they have experienced or witnessed. This statement primarily addresses children appearing in court as victims of physical or sexual abuse or as witnesses of violent acts; most of the scientific literature addresses these specific situations. It may apply, in certain situations, to children required to provide testimony in custody disputes, child welfare proceedings, or immigration court. It does not address children appearing in court as offenders or as part of juvenile justice proceedings. Copyright © 2017 by the American Academy of Pediatrics.

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 the people of the new American democracy, armed with knowledge and freedom to defend, argue, and choose, will make the right decisions for their common welfare. This theory applies equally to the court: Whenever questions involving psychiatry and psychiatric patients are brought to the court, American psychiatry must make its views known in that forum. To do so requires awareness and knowledge of the cases that involve psychiatry and psychiatric patients that the court has decided, including those decided in the 1990s. To participate effectively, psychiatrists must understand the political landscape in which the cases arrive at the court's doorstep and the composition and leanings of the court and examine carefully the fact patterns (understanding that some fact patterns are more sympathetic than others). This awareness should result in amicus briefs that are scholarly, rely on empiric data, and are scrupulously honest about the limitations of our knowledge. In this way, psychiatrists may fully participate in the debate and aid the court in its exploration and analysis of the issues involving psychiatry and psychiatric patients.

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)

5 CFR 838.221 - Application requirements.

Code of Federal Regulations, 2010 CFR

2010-01-01

... (CONTINUED) COURT ORDERS AFFECTING RETIREMENT BENEFITS Procedures for Processing Court Orders Affecting... accompanied by— (1) A certified copy of the court order acceptable for processing that is directed at employee... order is currently in force and has not been amended, superseded, or set aside; (3) Information...

25 CFR 11.1105 - Preliminary inquiry.

Code of Federal Regulations, 2014 CFR

2014-04-01

... shelter care, the children's court shall conduct a preliminary inquiry with 24 hours for the purpose of... to the parents, guardian or custodian, the children's court shall conduct a preliminary inquiry... custodian is not present at the preliminary inquiry, the children's court shall determine what efforts have...

25 CFR 11.1105 - Preliminary inquiry.

Code of Federal Regulations, 2012 CFR

2012-04-01

... shelter care, the children's court shall conduct a preliminary inquiry with 24 hours for the purpose of... to the parents, guardian or custodian, the children's court shall conduct a preliminary inquiry... custodian is not present at the preliminary inquiry, the children's court shall determine what efforts have...

25 CFR 11.1105 - Preliminary inquiry.

Code of Federal Regulations, 2011 CFR

2011-04-01

... shelter care, the children's court shall conduct a preliminary inquiry with 24 hours for the purpose of... to the parents, guardian or custodian, the children's court shall conduct a preliminary inquiry... custodian is not present at the preliminary inquiry, the children's court shall determine what efforts have...

25 CFR 11.1105 - Preliminary inquiry.

Code of Federal Regulations, 2013 CFR

2013-04-01

... shelter care, the children's court shall conduct a preliminary inquiry with 24 hours for the purpose of... to the parents, guardian or custodian, the children's court shall conduct a preliminary inquiry... custodian is not present at the preliminary inquiry, the children's court shall determine what efforts have...

25 CFR 11.1105 - Preliminary inquiry.

Code of Federal Regulations, 2010 CFR

2010-04-01

... shelter care, the children's court shall conduct a preliminary inquiry with 24 hours for the purpose of... to the parents, guardian or custodian, the children's court shall conduct a preliminary inquiry... custodian is not present at the preliminary inquiry, the children's court shall determine what efforts have...

28 CFR 0.20 - General functions.

Code of Federal Regulations, 2013 CFR

2013-07-01

... concerned: (a) Conducting, or assigning and supervising, all Supreme Court cases, including appeals... all appellate courts (including petitions for rehearing en banc and petitions to such courts for the... of cases in which he had determined that an appeal would be taken. (c) Determining whether a brief...

28 CFR 0.20 - General functions.

Code of Federal Regulations, 2014 CFR

2014-07-01

... concerned: (a) Conducting, or assigning and supervising, all Supreme Court cases, including appeals... all appellate courts (including petitions for rehearing en banc and petitions to such courts for the... of cases in which he had determined that an appeal would be taken. (c) Determining whether a brief...

28 CFR 0.20 - General functions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... concerned: (a) Conducting, or assigning and supervising, all Supreme Court cases, including appeals... all appellate courts (including petitions for rehearing en banc and petitions to such courts for the... of cases in which he had determined that an appeal would be taken. (c) Determining whether a brief...

28 CFR 0.20 - General functions.

Code of Federal Regulations, 2012 CFR

2012-07-01

... concerned: (a) Conducting, or assigning and supervising, all Supreme Court cases, including appeals... all appellate courts (including petitions for rehearing en banc and petitions to such courts for the... of cases in which he had determined that an appeal would be taken. (c) Determining whether a brief...

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.

[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%).

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.

The Moderating Influence of International Courts on Social Movements: Evidence from the IVF Case Against Costa Rica.

PubMed

Lemaitre, Julieta; Sieder, Rachel

2017-06-01

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.

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

PubMed

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

1995-01-01

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

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.

Gender, mental illness and the Hindu Marriage Act, 1955.

PubMed

Pathare, Soumitra; Nardodkar, Renuka; Shields, Laura; Bunders, Joske F G; Sagade, Jaya

2015-01-01

Section 5(ii) of The Hindu Marriage Act, 1955 (HMA) states that under certain circumstances, mental illness is accepted as a ground for the annulment of marriage, while Section 13(1) (iii) states that mental illness is a ground for divorce. There is little data on how this provision is used and applied in matrimonial petitions. This paper assesses judicial practices in divorce cases, exploring the extent to which gender and the diagnosis of mental illness affect the decision to grant annulment or divorce. The paper analyses judgments related to annulment and divorce at the Family Court in Pune and at the High Courts in India. In the Family Court at Pune, 85% of the cases were filed by husbands, who alleged that their spouse was mentally ill. Medical evidence of mental illness was presented in only 36% of the cases and in many cases, divorce/nullity was granted even in the absence of medical evidence. In 14% of the cases, nullity/divorce was granted even when both spouses were not present. Of the Family Court cases reaching the High Court, 95% were filed by male petitioners. The High Courts reversed the lower courts' judgments in 50% of the cases. Our analysis highlights the need for standardised guidelines for lower courts on what constitutes adequate medical proof of mental illness when hearing a petition related to nullity or divorce under HMA. It also provides a critical review of Section 5(ii) of HMA.

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

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…

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...

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…

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…

"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)

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)

Property.

ERIC Educational Resources Information Center

Piele, Philip K.; Forsberg, James R.

This chapter summarizes and analyze all state supreme court and federal court decisions as well as other significant court decisions involving school property. The cases discussed are generally limited to those decided during 1974 and reported in the General Digest on or before March 1, 1975. In their discussion, the authors attempt to integrate…

28 CFR 902.7 - Court action.

Code of Federal Regulations, 2010 CFR

2010-07-01

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

20 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...

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…

Tort Liability.

ERIC Educational Resources Information Center

Hudgins, H. C., Jr.

This chapter summarices and analyzes all state supreme court and federal court decisions as well as other significant court decisions involving the tort liability of school districts and school personnel. The cases discussed are generally limited to those decided during 1974 and reported in the General Digest on or before March 1, 1975. In his…

75 FR 2888 - Agency Information Collection Activities: Proposed Collection; Comments Requested

Federal Register 2010, 2011, 2012, 2013, 2014

2010-01-19

... has expired, State Court Processing Statistics 2009. The Department of Justice, Office of Justice... which OMB approval has expired, State Court Processing Statistics, 2009. (2) The title of the form/collection: State Court Processing Statistics, 2009. (3) The agency form number, if any, and the applicable...

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…

LaFleur, Cohen and Aiello: An Aftermath

ERIC Educational Resources Information Center

French, Larry L.

1974-01-01

Discusses recent court decisions dealing with school district maternity leave policy, emphasizing the Aiello case, where the Supreme Court upheld a state insurance program that excluded disabilities relating to normal pregnancies, and the LaFleur and Cohen cases, where the Supreme Court held that mandatory termination of pregnant teachers is…

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)

Recent Church-State Litigation.

ERIC Educational Resources Information Center

Bryson, Joseph E.

After a brief synopsis of the 1974 legal activity centering on the church-state relationship, the speaker examines three particular cases: the United States Supreme Court decision in Wheeler v. Barrera, a Missouri district court decision in Luetkemeyer v. Kaufmann, and the Supreme Court decision in Franchise Tax Board of California v. United…

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:…

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…

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...

Governance.

ERIC Educational Resources Information Center

Moran, K. D.

This chapter summarized and analyzes all state supreme court and federal court decisions as well as other significant court decisions affecting the realm of school governance. The cases discussed are generally limited to those decided during 1974 and reported in the General Digest on or before March 1, 1975. Because of its unusual significance,…

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

ERIC Educational Resources Information Center

O'Leary, Rosemary; Wise, Charles R.

1991-01-01

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

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...

The Evolving Nature of the Supreme Court since Brown v. Board of Education of Topeka, 1954 in Retrospect and Prospect.

ERIC Educational Resources Information Center

Gill, Robert L.

1980-01-01

Traces Supreme Court responses to civil rights issues since 1953. Considers the personal role of Chief Justice Earl Warren in reversing many discriminatory laws, and the conservative decisions of the more recent Burger Court with its Nixon appointees. (GC)

Argumentation in Miranda v. Arizona.

ERIC Educational Resources Information Center

Benoit, William L.

1991-01-01

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

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…

Access to Tax Exempt Bonds by Religious Higher Education Institutions.

ERIC Educational Resources Information Center

Mawdsley, Ralph D.

1991-01-01

The Virginia Supreme Court unanimously ruled that the issuance of tax exempt bonds to a religiously affiliated university violated both state and federal constitutions. Reviews the court decision, analyzes the constitutional issues, and contends that court actions intruded beyond the permissible boundaries of constitutional neutrality. (38…

25 CFR 11.1005 - Preliminary inquiry.

Code of Federal Regulations, 2010 CFR

2010-04-01

... that the minor will commit a serious act causing damage to person or property. (g) The children's court... detention or shelter care, the children's court shall conduct a preliminary inquiry within 24 hours for the.... (b) If a minor has been released to the parents, guardian or custodian, the children's court shall...

25 CFR 11.1005 - Preliminary inquiry.

Code of Federal Regulations, 2011 CFR

2011-04-01

... that the minor will commit a serious act causing damage to person or property. (g) The children's court... detention or shelter care, the children's court shall conduct a preliminary inquiry within 24 hours for the.... (b) If a minor has been released to the parents, guardian or custodian, the children's court shall...

25 CFR 11.1005 - Preliminary inquiry.

Code of Federal Regulations, 2013 CFR

2013-04-01

... that the minor will commit a serious act causing damage to person or property. (g) The children's court... detention or shelter care, the children's court shall conduct a preliminary inquiry within 24 hours for the.... (b) If a minor has been released to the parents, guardian or custodian, the children's court shall...

25 CFR 11.1005 - Preliminary inquiry.

Code of Federal Regulations, 2012 CFR

2012-04-01

... that the minor will commit a serious act causing damage to person or property. (g) The children's court... detention or shelter care, the children's court shall conduct a preliminary inquiry within 24 hours for the.... (b) If a minor has been released to the parents, guardian or custodian, the children's court shall...

25 CFR 11.1005 - Preliminary inquiry.

Code of Federal Regulations, 2014 CFR

2014-04-01

... that the minor will commit a serious act causing damage to person or property. (g) The children's court... detention or shelter care, the children's court shall conduct a preliminary inquiry within 24 hours for the.... (b) If a minor has been released to the parents, guardian or custodian, the children's court shall...

19 CFR 152.16 - Judicial changes in classification.

Code of Federal Regulations, 2013 CFR

2013-04-01

... decision of either the United States Court of International Trade or the United States Court of Appeals for... Government. The principles of any court decision favorable to the Government shall be applied to all... consumption or warehouse. (b) Similar merchandise under decision favorable to Government. The principles of...

19 CFR 152.16 - Judicial changes in classification.

Code of Federal Regulations, 2012 CFR

2012-04-01

... decision of either the United States Court of International Trade or the United States Court of Appeals for... Government. The principles of any court decision favorable to the Government shall be applied to all... consumption or warehouse. (b) Similar merchandise under decision favorable to Government. The principles of...

19 CFR 152.16 - Judicial changes in classification.

Code of Federal Regulations, 2011 CFR

2011-04-01

... decision of either the United States Court of International Trade or the United States Court of Appeals for... Government. The principles of any court decision favorable to the Government shall be applied to all... consumption or warehouse. (b) Similar merchandise under decision favorable to Government. The principles of...

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...

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...

25 CFR 11.1108 - Date of hearing.

Code of Federal Regulations, 2012 CFR

2012-04-01

... presenting officer by reason of the unavailability of material evidence or witnesses and the children's court... petition, the children's court shall set a date for the hearing which shall not be more than 15 days after the children's court receives the petition from the presenting officer. If the adjudicatory hearing is...

25 CFR 11.1008 - Date of hearing.

Code of Federal Regulations, 2012 CFR

2012-04-01

... presenting officer by reason of the unavailability of material evidence or witnesses and the children's court... Juvenile Offender Procedure § 11.1008 Date of hearing. Upon receipt of the petition, the children's court shall set a date for the hearing which shall not be more than 15 days after the children's court...

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)

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.…

Still No Clear Answer on Graduation Prayer.

ERIC Educational Resources Information Center

Sendor, Benjamin

1996-01-01

Describes the Supreme Court graduation-prayer decision in "Lee v. Weisman" (1992) and implications of the "Jones v. Clear Creek Independent School District" case, which the Court decided not to review in 1993. Discusses the New Jersey graduation-prayer experiment and ruling of third District Circuit Court Judge Theodore A.…

25 CFR 11.909 - Law enforcement records.

Code of Federal Regulations, 2010 CFR

2010-04-01

... BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.909 Law enforcement records. (a) Law enforcement records and files... minor's parents or guardian, the presenting officer, or others by order of the children's court. ...

25 CFR 11.903 - Presenting officer.

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 § 11.903 Presenting officer. (a) The agency superintendent and the chief magistrate of the children's court shall jointly appoint a presenting officer to carry out the duties and...

ACHP | News

Science.gov Websites

Taylor as a Cultural Property The Supreme Court of the State of New Mexico affirmed as lawful the area) are proposed. Below, a copy of the original text of the article, which follows: Supreme Court Thursday by the New Mexico Supreme Court. The listing by the New Mexico Cultural Properties Review

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...

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...

23 CFR 710.105 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-04-01

... on fair market value in which the amount of just compensation is agreed upon for the purchase of real... consideration, or other factors approved by an authorized agency official. (2) A legal settlement is a...) A court settlement or court award is any decision by a court that follows a contested trial or...

25 CFR 11.300 - Complaints.

Code of Federal Regulations, 2011 CFR

2011-04-01

... INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE... initiated by a complaint filed with the court by a law enforcement officer and sworn to by a person having... witness, or witnesses, sworn before a magistrate, a court clerk, a prosecutor, or any law enforcement...

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...

Enhancing Residential Treatment for Drug Court Participants

ERIC Educational Resources Information Center

Koob, Jeff; Brocato, Jo; Kleinpeter, Christine

2011-01-01

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

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,…

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)

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...

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...

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…

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…

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)

Wicklund v. Lambert.

PubMed

1997-10-09

The U.S. District Court for the District of Montana held Montana's Parental Notice of Abortion Act constitutional on the grounds that the state law does not violate the federal equal protection clause and that the judicial bypass procedure as specified in the Act adequately protects privacy, anonymity, and confidentiality. The court recognized that Montana had a legitimate state interest in protecting the well-being of minor, pregnant females. The court determined that the Act's specific provisions, and not the general provisions of the state's Youth Court Act, applied to the parental notification bypass in cases involving a minor's abortion.

Supreme Court of the United States Syllabus: San Antonio Independent School District Et. Al. v. Rodriguez Et. Al. Appeal from the United States District Court for the Western District of Texas. No. 71-1332, Argued October 12, 1972 -- Decided March 21, 1973.

ERIC Educational Resources Information Center

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

In this landmark educational finance opinion (presented here in full) the U.S. Supreme Court held that the Texas case was not a proper case in which to examine a State's laws under standards of strict judicial scrutiny. That test, according to the Court, is reserved for cases involving laws that operate to the disadvantage of suspect classes or…

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.

Planned Parenthood League of Massachusetts v. Attorney General.

PubMed

1997-03-18

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

Prison hunger strikes: why the motive matters.

PubMed

Annas, G J

1982-12-01

Force feeding of hunger-striking prisoners is discussed in the context of three 1982 state appellate court decisions involving the right to refuse treatment. The Supreme Court of Georgia accepted a prisoner's argument; courts in New York and West Virginia found a compelling state interest that justified force feeding, as did an earlier Massachusetts decision that rejected a prisoner's refusal of renal dialysis. The author contends that the Georgia court erred in not distinguishing the motivation of the prisoner--to manipulate the prison system--from that of patients who refuse treatment.

Adapting Judicial Supervision to the Risk Level of Drug Offenders: Discharge and 6-month Outcomes from a Prospective Matching Study

PubMed Central

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

2007-01-01

This article reports recent findings from a program of experimental research examining the effects of adapting judicial supervision to the risk level of drug-abusing offenders. Prior studies revealed that high-risk participants with (1) antisocial personality disorder or (2) a history of drug abuse treatment performed significantly better in drug court when they were scheduled to attend frequent, bi-weekly judicial status hearings in court. Low-risk participants performed equivalently regardless of the schedule of court hearings. The current study prospectively matched misdemeanor drug court clients to the optimal schedule of court hearings based upon an assessment of their risk status, and compared outcomes to those of clients randomly assigned to the standard schedule of court hearings. Results confirmed that high-risk participants graduated at a higher rate, provided more drug-negative urine specimens at 6 months post-admission, and reported significantly less drug use and alcohol intoxication at 6 months post-admission when they were matched to bi-weekly hearings as compared to the usual schedule of hearings. These findings yield practical information for enhancing the efficacy and cost-efficiency of drug court services. Directions for future research on adaptive programming for drug offenders are discussed. PMID:17071020

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 a burden on the rights of the minor, but the Court considered that burden "minimal." The future constitutionally of abortion is on the line. The impending Court changes are the forerunners of more retreat from abortion rights.

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.

The Effects of Scaling Tennis Equipment on the Forehand Groundstroke Performance of Children

PubMed Central

Larson, Emma J.; Guggenheimer, Joshua D.

2013-01-01

The modifications that have taken place within youth sports have made games, such as basketball, soccer, or tennis, easier for children to play. The purpose of this study was to determine the effects low compression (LC) tennis balls and scaled tennis courts had on the forehand groundstroke performance of children. The forehand groundstroke performances of eight subjects’ (8.10 ± 0.74 yrs) using LC tennis balls were measured on a scaled tennis court and standard compression balls (SC) on a standard court. Forehand groundstroke performance was assessed by the ForeGround test which measures Velocity Precision Success Index (VPS) and Velocity Precision Index (VP). Participants attempted three different forehand rally patterns on two successive days, using LC balls on the 18.3m court one day and SC balls on the 23.8m court the other. When using LC balls, participants’ recorded higher overall VPS performance scores (p < 0.001) for each non-error stroke as well as higher VP scores (p = 0.01). The results of this study confirmed that the use of modified balls and modified court size may increase the control, velocity and overall success rate of the tennis forehand groundstroke of children. Key Points This study observed the effects of modified tennis balls and court had on the forehand groundstroke performance in children. Modified ball compression and modified court size can increase control, velocity and overall success of tennis performance. Children will have more success learning the game of tennis using modified equipment than using standard equipment. PMID:24149812

A Guide to the Changing Court Rulings on Union Security in the Public Sector: A Management Perspective.

ERIC Educational Resources Information Center

Clark, R. Theodore, Jr.

1985-01-01

In "Ellis vs. Brotherhood of Railway, Airline and Steamship Clerks," the Supreme Court clarified the line between permissible and nonpermissible expenses and what procedures must be available to prevent compulsory subsidization of ideological activity by objecting employees. This article also describes the Court's decisions subsequent to…

25 CFR 11.1113 - Modification of dispositional order.

Code of Federal Regulations, 2010 CFR

2010-04-01

... order. (a) A dispositional order of the children's court may be modified upon a showing of a change of circumstances. (b) The children's court may modify a dispositional order at any time upon motion of the minor or... children's court shall conduct a hearing pursuant to paragraph (d) of this section to review the...

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…

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...

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...

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…

Breach of Contract Suits by Students against Postsecondary Education Institutions: Can They Succeed?

ERIC Educational Resources Information Center

Jennings, Eileen K.

1980-01-01

Recent court litigation involving the contractual relationship between college students and colleges is reviewed and the issues raised are examined to evaluate how real the threat of contract liability is. Court approaches are heavily result-oriented in academic decision cases, but courts are increasingly reluctant to overturn institutional…

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…

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…

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…

Tales of Two Cities: Canon Law and Constitutional Law at the Crossroads.

ERIC Educational Resources Information Center

Gaffney, Edward M., Jr.

1999-01-01

Explores six court cases in which the court addressed the permissibility of aid to higher education under the federal constitution. While state court interpretations may shift because of "Ex Corde Ecclesiae," the Papal constitution on higher education, it is seen as unlikely that federal or state taxing authorities will revoke…

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…

19 CFR 176.1 - Service of summons.

Code of Federal Regulations, 2010 CFR

2010-04-01

... (CONTINUED) PROCEEDINGS IN THE COURT OF INTERNATIONAL TRADE Service § 176.1 Service of summons. When an action is initiated in the Court of International Trade a copy of the summons shall be served in the manner prescribed by the Court of International Trade upon the director of each port where a protest...

19 CFR 176.1 - Service of summons.

Code of Federal Regulations, 2012 CFR

2012-04-01

... (CONTINUED) PROCEEDINGS IN THE COURT OF INTERNATIONAL TRADE Service § 176.1 Service of summons. When an action is initiated in the Court of International Trade a copy of the summons shall be served in the manner prescribed by the Court of International Trade upon the director of each port where a protest...

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…

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)

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...

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…

25 CFR 11.902 - Non-criminal proceedings.

Code of Federal Regulations, 2010 CFR

2010-04-01

... BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.902 Non-criminal proceedings. No adjudication upon the status of any minor in the jurisdiction of the children's court shall be deemed criminal or be deemed a conviction of...

25 CFR 11.911 - Appeal.

Code of Federal Regulations, 2010 CFR

2010-04-01

... AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.911 Appeal. (a) For purposes of appeal, a record of the proceedings shall be made... the party seeking the appeal. (b) Any party to a children's court hearing may appeal a final order or...

25 CFR 11.904 - Guardian ad litem.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Guardian ad litem. 11.904 Section 11.904 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.904 Guardian ad litem. The children's court, under any proceeding...

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…

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)

The US Court of Appeals for the D.C. Circuit Ruling to Stay the CSAPR

EPA Pesticide Factsheets

The United States Court of Appeals for the D.C. Circuit issued its ruling to stay the CSAPR pending judicial review. The court's decision is not a decision on the merits of the rule. EPA is ensuring the transition back to the Clean Air Interstate Rule.

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)

8 CFR 338.11 - Execution and issuance of certificate of naturalization by clerk of court.

Code of Federal Regulations, 2010 CFR

2010-01-01

... the petitioner. If the court maintains naturalization records on an electronic database then only the... and maintained in the court's electronic database. (b) The certificate shall show under “former..., or if using automation equipment, ensure it is part of the electronic database record. The clerk of...

8 CFR 338.11 - Execution and issuance of certificate of naturalization by clerk of court.

Code of Federal Regulations, 2011 CFR

2011-01-01

... the petitioner. If the court maintains naturalization records on an electronic database then only the... and maintained in the court's electronic database. (b) The certificate shall show under “former..., or if using automation equipment, ensure it is part of the electronic database record. The clerk of...

The Right to be Left Alone.

ERIC Educational Resources Information Center

McNulty, Jill K.

This pamphlet examines the question of what the proper role of the juvenile court should be. It specifically questions the wisdom of the juvenile court's involvement with children engaged in anti-social but non-criminal activity. It includes a brief discussion of the historical origin of juvenile court, along with a history of jurisdiction over…

Hester Prynne and Linda Lovelace: Pure or Prurient.

ERIC Educational Resources Information Center

Berger, Gertrude

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

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…

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

ERIC Educational Resources Information Center

Mora, Jill Kerper

2010-01-01

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

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…

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...

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…

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)…

78 FR 8223 - Proposed Collection; Comment Request for Regulation Project

Federal Register 2010, 2011, 2012, 2013, 2014

2013-02-05

... comments concerning Cash Reporting by Court Clerks. DATES: Written comments should be received on or before... INFORMATION: Title: Cash Reporting by Court Clerks. OMB Number: 1545-1449. Regulation Project Number: IA-57-94... and State court clerks upon receipt of more than $10,000 in cash as bail for any individual charged...

The Effectiveness of CASAs in Achieving Positive Outcomes for Children.

ERIC Educational Resources Information Center

Litzelfelner, Pat

2000-01-01

Evaluated effectiveness of court-appointed special advocates (CASAs) in achieving positive outcomes for children in the child welfare system, using data from court and CASA program files on 200 children. Found that CASAs may have reduced the number of placements and court continuances children experienced. More services were provided to children…

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…

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

ERIC Educational Resources Information Center

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

2009-01-01

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

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)

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)

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…

77 FR 17522 - Agency Information Collection Agencies: New Collection; Comments Requested

Federal Register 2010, 2011, 2012, 2013, 2014

2012-03-26

..., Census of Problem-Solving Courts (CPSC), 2012. 2. The title of the form/collection: Census of Problem..., as well as a brief abstract: Problem-solving courts at all levels of government. Abstract: The Bureau of Justice Statistics (BJS) proposes to implement a Census of Problem-Solving Courts (CPSC). Problem...

Education and the Law: Implications for American Indian/Alaska Native Students.

ERIC Educational Resources Information Center

Warner, Linda Sue

This chapter provides an overview of federal education case law and legislation. Currently, there is no Supreme Court education case law applicable specifically to American Indian students. Following brief descriptions of categories of jurisdiction and the structure of the federal court system, the overview summarizes Supreme Court case law…

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…

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 19.6-1 - 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 - 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 19.6-1 - 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...

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. ...

Interest Groups, the Courts, and Educational Equality: A Policy Regimes Approach to "Vergara v. California"

ERIC Educational Resources Information Center

Superfine, Benjamin Michael; Thompson, Alea R.

2016-01-01

In "Vergara v. California" (2014), a trial-level court ruled that California laws governing teacher tenure and dismissal were unconstitutional. This study analyzes "Vergara" in light of the shifting use of the courts to promote equal educational opportunities and the changing power bases of educational interest groups,…

25 CFR 11.605 - Dissolution.

Code of Federal Regulations, 2010 CFR

2010-04-01

... dissolution of marriage if: (1) The court finds that the marriage is irretrievably broken, if the finding is... affecting the attitude of one or both of the parties towards the marriage; (2) The court finds that either... of marriage, the Court of Indian Offenses shall grant the decree in that form unless the other party...

Simulating the Law: Experiential "Teachniques" in the Modern Law Curricula

ERIC Educational Resources Information Center

Daly, Yvonne; Higgins, Noelle

2010-01-01

The concept of arguing aspects of legal scenarios in order to facilitate student learning within the law curriculum originated in the vocational Inns of Court in fourteenth-century England. Nowadays, simulations of court proceedings, such as moot courts and mock trials, are widely employed as educational tools in law modules in third-level…

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

ERIC Educational Resources Information Center

McGrain, Patrick N.; Moore, Jennifer L.

2010-01-01

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

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,…

Technology for planning and scheduling under complex constraints

NASA Astrophysics Data System (ADS)

Alguire, Karen M.; Pedro Gomes, Carla O.

1997-02-01

Within the context of law enforcement, several problems fall into the category of planning and scheduling under constraints. Examples include resource and personnel scheduling, and court scheduling. In the case of court scheduling, a schedule must be generated considering available resources, e.g., court rooms and personnel. Additionally, there are constraints on individual court cases, e.g., temporal and spatial, and between different cases, e.g., precedence. Finally, there are overall objectives that the schedule should satisfy such as timely processing of cases and optimal use of court facilities. Manually generating a schedule that satisfies all of the constraints is a very time consuming task. As the number of court cases and constraints increases, this becomes increasingly harder to handle without the assistance of automatic scheduling techniques. This paper describes artificial intelligence (AI) technology that has been used to develop several high performance scheduling applications including a military transportation scheduler, a military in-theater airlift scheduler, and a nuclear power plant outage scheduler. We discuss possible law enforcement applications where we feel the same technology could provide long-term benefits to law enforcement agencies and their operations personnel.

Hobbins v. Attorney General; People v. Kevorkian (Docket No. 171056); People v. Kevorkian (Docket No. 172399).

PubMed

1994-05-10

In 1994, Michigan's Court of Appeals was asked to rule on three circuit court decisions involving Michigan's statute criminalizing assisted suicide and violations of the statute by Jack Kevorkian, M.D. The cases, consolidated on appeal, were Hobbins v. Attorney General, wherein the assisted suicide statute was declared unconstitutional; People v. Kevorkian (Docket No. 171056), wherein charges that Kevorkian had violated the statute by assisting in a suicide were dismissed; and People v. Kevorkian (Docket No. 172399), wherein additional charges that Kevorkian had violated the statute by assisting in another suicide were dismissed. In declaring the Michigan statute unconstitutional, two of the three circuit court judges held that individuals had a constitutional right to commit suicide. The Court of Appeals affirmed that the statute was unconstitutional because, by creating a commission to study end-of-life issues as well as specifically criminalizing assisted suicide, it violated the one-object provision of the Michigan Constitution. The court held, however, that there is no constitutional right to suicide, reversing the two circuit court orders in this respect.

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'.

Planned Parenthood League of Massachusetts v. Bellotti.

PubMed

1989-02-07

The Planned Parenthood League of Massachusetts instituted a class action suit challenging the constitutionality of a statute requiring minors seeking an abortion to obtain parental consent or to persuade a judge of their maturity to give informed consent or that abortion would be in their best interest. In order to invoke judicial review, the plaintiffs moved their suit to federal court. The District Court dismissed the case on grounds that federal review power would interfere with state administration. On appeal, the First Circuit Court of Appeals decided that the plaintiffs could proceed with their action. The Circuit Court found that federal adjudication would not unduly interfere with state administration and remanded the case for further proceedings. Although it affirmed the statute's validity, the circuit court ruled that the plaintiffs must be allowed the opportunity to demonstrate the statute's unconstitutionality.

Benavides v. U.S. Bureau of Prisons.

PubMed

1993-06-11

The U.S. Court of Appeals, District of Columbia Circuit, held that merely complying with government regulations regarding the release of medical records fails to satisfy the Bureau of Prisons' obligation to provide prisoners access to such information. Prisoners have an unqualified right of access to these records, provided the documents are deemed non-exempt by the Privacy Act of 1974. The obligation to disclose personal information to a patient is not alleviated by disclosure to a designated doctor or other third party. The court found that potential harm resulting from unrestricted access to medical or psychological records could be limited by special procedures, provided agencies guarantee the ultimate disclosure of the non-exempt information. The court reversed the district court's decision in favor of the Bureau and remanded the case for further proceedings consistent with the appeals court opinion.

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.

Portland Retail Druggists Association vs Abbott Laboratories et al, part 1.

PubMed

Greenberg, R B

1976-06-01

The findings of the U.S. Supreme Court, in its March 24, 1976, decision in the case of Portland Retail Druggists vs Abbott Laboratories et al, are presented. The case deals with price differentials offered to nonprofit hospitals by pharmaceutical manufacturers. Historical background leading to the case, and early rulings of a federal district court and a court of appeals, are discussed. The Supreme Court decision appears to reflect favorably on current hospital policies and procedures for drug purchasing and ambulatory care. Issues that require further clarification will be discussed in Part 2.

The Right to Control One's Own Body: A Look at the "Eve" Decision.

ERIC Educational Resources Information Center

Rioux, Marcia; Yarmol, Karen

1987-01-01

The article reviews the arguments and decision of the "Eve" sterilization case decided by the Supreme Court of Canada. The court held that no one, including the courts themselves, has the power to approve the sterilization, for contraceptive purposes, of any person, mentally handicapped or not, who does not give consent. (DB)

"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…

Translations on Narcotics and Dangerous Drugs No. 305

DTIC Science & Technology

1977-06-17

Zuluaga, office clerk; Haidee de Ceballos Ruiz, delegate. Miguel Antonio Celin Gonzalez, cashier; Helio Celis Guarin , judge; Mario Cespedes...judge; Alberto Alvarez Zapata, assistant prison director; Tomas Amariz Perez , judge; Jose David Andrade Guzxan, court clerk; Hugo Andrade Pava, judge...Arbelaez Madrid, magistrate; Luis Jaime Arboleda de Angulo, judge; Augusto Arciniegas Perez , court clerk; Luis Ardila Quitian, court reporter

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)

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…

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…

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…

Mexicano/Chicano Concerns and School Desegregation in Los Angeles. Monograph No. 9.

ERIC Educational Resources Information Center

Haro, Carlos Manuel

On June 26, 1976, the California State Supreme Court affirmed a 1970 lower court decision that the Los Angeles City Unified School District was segregated and school desegregation was ordered. The Supreme Court decision was of great importance to the large population of black residents in the district. However, unlike other desegregation efforts,…

32 CFR Appendix A to Part 150 - Format for Direction for Review in a Court of Criminal Appeals

Code of Federal Regulations, 2010 CFR

2010-07-01

... Criminal Appeals A Appendix A to Part 150 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE REGULATIONS PERTAINING TO MILITARY JUSTICE COURTS OF CRIMINAL APPEALS RULES OF PRACTICE AND... Appeals In the United States ______ 1 Court of Criminal Appeals United States v. (Full typed name, rank...

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...

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 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…

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 =…

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…

Guaranteed Authority and Contrived Dialogism: The Supreme Court's Majority Opinion in Bowers v. Hardwick.

ERIC Educational Resources Information Center

Conway, Glenda

The Supreme Court opinion's absolute authority and guaranteed admission to the legal canon make it a rhetorically unique genre, but nevertheless one that is illuminated through close analysis. On June 30, 1986, the United States Supreme Court announced its decision in Bowers v. Hardwick, expressing a judgment that the Federal Constitution does not…

25 CFR 11.906 - Rights of parties.

Code of Federal Regulations, 2012 CFR

2012-04-01

... Children's Court § 11.906 Rights of parties. (a) In all hearings and proceedings under §§ 11.900-11.1114 of..., time and place of the proceeding. (b) The children's court magistrate shall inform the minor and his or... children's court magistrate believes there is a potential conflict of interest between the minor and his or...

Historical Review of Teacher and Student Diversity in an Urban Kentucky School District

ERIC Educational Resources Information Center

Francis, James L.

2010-01-01

Drawing on court records, state archival information, and local school district reports, this project examined student diversity and teacher diversity over more than five decades in an urban school district established in 1974 by court mandate. This study especially focused on the impact of a ratio set by the federal court regarding the high…

26 CFR 1.992-3 - Deficiency distributions to meet qualification requirements.

Code of Federal Regulations, 2010 CFR

2010-04-01

... (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES Domestic International Sales Corporations § 1.992-3... final determination by a decision of the United States Tax Court is the date upon which such decision... contested in a court (and upon which there is a judgment) other than the Tax Court is the date upon which...

76 FR 13983 - Fresh Garlic from the People's Republic of China: Court Decision Not in Harmony With Final...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-03-15

...'s Republic of China: Court Decision Not in Harmony With Final Results and Amended Final Results of... unpublished judgment the Department of Commerce's (``the Department'') final results of redetermination as...). See Final Results of Redetermination Pursuant to Voluntary Remand, Court No. 09-00246, dated July 30...

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…

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.…

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

ERIC Educational Resources Information Center

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

2010-01-01

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

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...

26 CFR 301.6863-2 - Collection of jeopardy assessment; stay of sale of seized property pending Tax Court decision.

Code of Federal Regulations, 2010 CFR

2010-04-01

... of seized property pending Tax Court decision. 301.6863-2 Section 301.6863-2 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) PROCEDURE AND ADMINISTRATION PROCEDURE AND...; stay of sale of seized property pending Tax Court decision. (a) General rule. In the case of an...

Silenced in the Court: Meanings of Research and Difference in the US Legal System

ERIC Educational Resources Information Center

Morton, Missy

2009-01-01

In this paper I report a qualitative study of a series of court decisions concerning the meanings of science and the gold standard of special education research. I describe two sets of court proceedings and subsequent decisions that considered the admissibility of statements purportedly given by disabled children using a strategy known as…

Home Page: NYS Government Information Locator Service: New York State

Science.gov Websites

Constitution external link - from the New York State Department of State NYS Judicial System (NYS Unified Courts System) Unified Court System external link - the main resource for information about New York's decisions of the New York courts in the Official Reports. The searchable Legal Research Portal external link

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...

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…

Coaches Beware of Participating with Players in Practice

ERIC Educational Resources Information Center

Sawyer, Tonya L.

2018-01-01

A Missouri court of appeals reversed a trial court and restored a plaintiff's claim that a head football coach and an assistant coach were liable for assault and battery when the assistant coach donned football pads and participated in a practice in which he injured the plaintiff. In the same ruling, however, the court affirmed the finding that…

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

ERIC Educational Resources Information Center

Hopkins, W. Wat

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

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...

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.…

New Hampshire's Quest for a Constitutionally Adequate Education. Discussion Paper 06-2

ERIC Educational Resources Information Center

Olabisi, Oyebola

2006-01-01

A September 8, 2006, ruling by the New Hampshire Supreme Court that the state's current education financing system is unconstitutional was the latest in a long string of court decisions, legislative responses, and subsequent court opinions that have made school funding one of the state's most contentious issues. This report summarizes how the…

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…

77 FR 3239 - U.S. Court of Appeals for the Armed Forces Proposed Rules Changes

Federal Register 2010, 2011, 2012, 2013, 2014

2012-01-23

... name and docket number for this Federal Register document. The general policy for comments and other... involving a decision by a Court of Criminal Appeals on appeal by the United States under Article 62, UCMJ... 30 days after the date of the decision of the Court of Criminal Appeals. (2) Extraordinary relief...

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…

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…

Random Drug Testing of Students: Where Will the Line Be Drawn?

ERIC Educational Resources Information Center

Roberts, Nathan M.; Fossey, Richard

2002-01-01

Discusses several state and federal court cases testing the limits of school district efforts to expand the scope of random student drug-testing since the Supreme Court's 1995 decision in "Vernonia School District 47J v. Action," wherein the Court approved random drug-testing of student athletes in public high schools. (Contains 113…

The Expanding Role of the Courts in Educational Policy: The Preschool Remedy and an Adequate Education

ERIC Educational Resources Information Center

Superfine, Benjamin Michael; Goddard, Roger D.

2009-01-01

Background/Context: Over the past half-century, the courts have played an increasingly important role in educational governance and decision-making. However, since the courts began to take such an active role in education, the efficacy and effectiveness of judicial intervention in education remain uncertain. Largely in response to problems that…

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...

Discrimination against Religious Viewpoints Prohibited in Public Schools: An Analysis of the Lamb's Chapel Decision.

ERIC Educational Resources Information Center

Schimmel, David

1994-01-01

In "Lambs Chapel," the Supreme Court struck down a complete prohibition against afterhours use of public schools by religious groups. Summarizes lower court decisions, and then the opinions of Justices White, Scalia, and Kennedy. Examines the Court's consensus about protecting religious perspectives under the Free Speech Clause and the…

45 CFR 304.21 - Federal financial participation in the costs of cooperative arrangements with courts and law...

Code of Federal Regulations, 2011 CFR

2011-10-01

... cooperative arrangements with courts and law enforcement officials. 304.21 Section 304.21 Public Welfare... § 304.21 Federal financial participation in the costs of cooperative arrangements with courts and law... such activities, specified in § 304.20(b)(2) through (8) of this chapter; (2) Reasonable and essential...

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

ERIC Educational Resources Information Center

Hawkins, Paul Henry

2010-01-01

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

78 FR 42491 - Aluminum Extrusions from the People's Republic of China: Notice of Court Decision Not in Harmony...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-16

...'') imported by Valeo, Inc., Valeo Engine Cooling Inc., and Valeo Climate Control Corp. (collectively, ``Valeo..., Inc., and Valeo Climate Control Corp. v. United States, Court No. 12-00381 (CIT February 13, 2013).\\2... Remand, Valeo, Inc., Valeo Engine Cooling, Inc., and Valeo Climate Control Corp. v. United States, Court...

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...

78 FR 40696 - Honey From the People's Republic of China: Notice of Court Decision Not in Harmony With Final...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-08

... Zhejiang Native Produce & Animal By-Products Import & Export Corp. v. United States, Court No. 02-00057... Court Remand Zhejiang Native Produce & Animal By-Products Import & Export Corp., et al. v. United States... Zhejiang Native Produce & Animal By-Products Import & Export Corp., et al., v. United States, Results of...

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

Code of Federal Regulations, 2014 CFR

2014-10-01

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

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…

How does the legal system respond when children with learning difficulties are victimized?

PubMed

Cederborg, Ann-Christin; Lamb, Michael E

2006-05-01

To understand how the Swedish legal system perceives and handles mentally handicapped children who may have been victimized. Twenty-two judicial districts in Sweden provided complete files on 39 District Court cases (including the Appeals Court files on 17 of these cases) involving children with learning difficulties or other handicaps as alleged victims of abuse, threat and neglect. The children (25 girls and 14 boys) averaged 11.8 years of age when first allegedly victimized. Sexual abuse was the most frequently alleged crime (33 cases). Court transcripts, court files and expert assessments of the alleged victims' handicaps and their possible consequences were examined to elucidate the ways in which courts evaluated the credibility of the alleged victims. The children's reports of their victimization were expected to have the characteristics emphasized by proponents of Statement Reality Analysis (SRA) and Criterion Based Content Analysis (CBCA) in order to be deemed credible. Expert reports were seldom available or adequate. Because many reports were poorly written or prepared by experts who lacked the necessary skills, courts were left to rely on their own assumptions and knowledge when evaluating children's capacities and credibility. Children with learning difficulties or other handicaps were expected to provide the same sort of reports as other children. To minimize the risk that judgments may be based on inaccurate assumptions courts need to require more thorough assessments of children's limitations and their implications. Assessments by competent mental health professionals could inform and strengthen legal decision-making. A standardized procedure that included psycho-diagnostic instruments would allow courts to understand better the abilities, capacities, and behavior of specific handicapped children.

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

PubMed

Chan, Benny; Somerville, Margaret

2016-01-01

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

Webster versus reproductive health services.

PubMed

Rhodes, A M

1989-01-01

The US Supreme Court's agreement to decide the Webster v Reproductive Health Service (MIssouri) case represents a direct challenge to the basic premise of the 1973 Roe v Wade decision. While the 1973 decision determined that woman's right to choose abortion during the 1st trimester of pregnancy is protected by the Constitutional right to privacy, the Webster case seeks to restrict access to legal abortion through 20 provisions, 5 of which were addressed by the Supreme Court. The 1st 2 provisions concerned the preamble of the MIssouri statute that contains statements to the effect that life begins at conception and unborn children have inalienable rights. The Supreme Court declined to the rule on the constitutionality of this preamble, maintaining that the preamble did no regulate abortions or medical practice. The 3rd provision involved restrictions on the use of public facilities and employees for the performance of nontherapeutic abortions. The Court upheld this restriction on the grounds that the Constitution does not mandate federal aid to abortion and the withholding of public facilities and funds does not deny women the right to abortion. The 4th provision, which the Court stated was not a moot controversy, made it illegal for public funds, employees, or facilities to be used for abortion counseling. Finally, the 5th provision of the MIssouri statute considered by the Supreme Court requires physicians to determine whether a fetus is viable before an abortion is performed on a woman 20 or more weeks pregnant. The Court found this provision to be constitutional since it furthers the state's interest in protecting viable fetuses and did not stipulate the means to be used to ascertain viability. Although Roe v Wade remains in force, the Supreme Court's actions on this case set the groundwork for other states to enact similarly restrictive statutes.

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

PubMed Central

Chan, Benny; Somerville, Margaret

2016-01-01

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

[Analysis of final judgements in cases of medical negligence occurred in Ukraine].

PubMed

Franchuk, Valentyn V; Trach Rosolovska, Svitlana V; Selskyy, Petro R; Mykolenko, Anna Z; Bodnar, Petro Ya

2018-01-01

Introduction: The peculiarities of the disadvantages of providing medical care in Ukraine are not well-known abroad. The aim: To study the peculiarities of court decisions in cases of unfavorable consequences of medical activity. Materials and methods: The article analyzes the official data of the General Prosecutor's Office of Ukraine and the website of court decisions regarding criminal cases against medical practitioners. Review: Approximately 600 cases of alleged medical malpractice cases are registered annually in Ukraine. Only less than one percent of them are brought to the court. The guilt of medical practitioners was proven in majority (80,8%) of court decisions. Acquittals of defendants were pronounced in 5,9% of court verdicts. Obstetrics and gynecology, surgery, internal medicine and anesthesiology are in the top of high-risk medical specialties. Conclusions: Majority of medical malpractice litigations are sued in Ukraine baselessly. In cases of medical negligence majority of defendants are acquitted as usual.

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.

Human rights to in vitro fertilization.

PubMed

Zegers-Hochschild, Fernando; Dickens, Bernard M; Dughman-Manzur, Sandra

2013-10-01

The Inter-American Court of Human Rights (the Court) has ruled that the Supreme Court of Costa Rica's judgment in 2000 prohibiting in vitro fertilization (IVF) violated the human right to private and family life, the human right to found and raise a family, and the human right to non-discrimination on grounds of disability, financial means, or gender. The Court's conclusions of violations contrary to the American Convention on Human Rights followed from its ruling that, under the Convention, in vitro embryos are not "persons" and do not possess a right to life. Accordingly, the prohibition of IVF to protect embryos constituted a disproportionate and unjustifiable denial of infertile individuals' human rights. The Court distinguished fertilization from conception, since conception-unlike fertilization-depends on an embryo's implantation in a woman's body. Under human rights law, legal protection of an embryo "from conception" is inapplicable between its creation by fertilization and completion of its implantation in utero. © 2013.

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.

Health-care workers are losing most AIDS lawsuits, study says.

PubMed

1996-08-09

The Kaiser Family Foundation funded a Georgetown study, The AIDS Litigation Project III--A Look at AIDS in the Courts in the 1990s, to analyze AIDS-related cases in the Federal and State court systems since January 1991. Study director Lawrence Gostin concludes that AIDS has become the most litigated disease in U.S. history and that judges tend to side with the argument that disability rights laws must yield to concern about the possible transmission risks. Initially, courts were supportive of the rights of persons living with AIDS. Currently, courts are likely to support mandatory HIV-antibody testing of health-care employees, prison inmates, and criminal defendants. Gostin predicts that court cases will focus on the rights of patients to receive health insurance coverage for AIDS therapies. Other emerging trends in AIDS litigation are cases involving HIV status disclosure and sexual ethics.

Accommodation and Adjudication in Student-Administration Conflicts: The Difficult Legacy of the U.S. Supreme Court

ERIC Educational Resources Information Center

Meyer, Heinz-Dieter; Bratge, Katrina

2011-01-01

In this article, we consider a series of U.S. Supreme Court rulings that place public school students under an expansive shield of constitutional rights while often hampering the ability of administrators to engage in flexible and creative conflict resolution in the context of the school's mission. The court's readiness to adjudicate a large range…

"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…

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…

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…

32 CFR 719.144 - Application for relief under 10 U.S.C. 869, in cases which have been finally reviewed.

Code of Federal Regulations, 2014 CFR

2014-07-01

... of newly discovered evidence, fraud on the court, lack of jurisdiction over the accused or the... the time of trial, if applicable; (9) Type of court-martial which convicted the applicant, and... discovered evidence; (ii) Fraud on the court; (iii) Lack of jurisdiction over the accused or the offense; (iv...

78 FR 61370 - National Vaccine Injury Compensation Program; List of Petitions Received

Federal Register 2010, 2011, 2012, 2013, 2014

2013-10-03

... Federal Claims No: 13-0579V 28. Melanie Wood on behalf of L.W., Deceased, Jackson, Tennessee, Court of.... 300aa-12(b)(2), requires that ``[w]ithin 30 days after the Secretary receives service of any petition..., Court of Federal Claims No: 13-0543V 9. Terry L. Kegler, Ft. Braggs, North Carolina, Court of Federal...

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…

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

ERIC Educational Resources Information Center

Hammel, Alice M.

2018-01-01

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

32 CFR Appendix B to Part 150 - Format for Assignment of Errors and Brief on Behalf of Accused (§ 150.15)

Code of Federal Regulations, 2010 CFR

2010-07-01

... THE SECRETARY OF DEFENSE REGULATIONS PERTAINING TO MILITARY JUSTICE COURTS OF CRIMINAL APPEALS RULES... Brief on Behalf of Accused (§ 150.15) In the United States ______ 2 Court of Criminal Appeals United... Accused Case No. ____ Tried at (location), on (date(s)) before a (type of court-martial) appointed by...

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…

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

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.

Aboriginal Title and Sustainable Development: A Case Study

ERIC Educational Resources Information Center

Allen, Derek

2016-01-01

In June 2014, the Supreme Court of Canada held that Aboriginal title should be granted to the Tsilhqo'tin Nation over a portion of its traditional territory in British Columbia.1 This was the first time that a Canadian court had granted Aboriginal title to a specific land area. The court noted that Aboriginal title is collective title held for…

49 CFR 1103.11 - Standards of ethical conduct in courts of the United States to be observed.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 49 Transportation 8 2011-10-01 2011-10-01 false Standards of ethical conduct in courts of the... PRACTITIONERS Canons of Ethics The Practitioner's Duties and Responsibilities Toward the Board § 1103.11 Standards of ethical conduct in courts of the United States to be observed. These canons further the purpose...

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…

Triple Header Annual Workshop Proceedings (12th, Sarasota, Florida, April 25-29, 1993).

ERIC Educational Resources Information Center

American Probation and Parole Association, Lexington, KY.

The family and juvenile court system in the United States is overwhelmed with the number of court cases involving the incarceration of young people. The proceedings of this conference, the goal of which was to find alternatives to incarceration and improve efficiency of the juvenile court system, are summaries of the following 22 presentations:…

Timeliness and Delay in the Cook County Juvenile Court Child Protection Division. Discussion Paper CS-45.

ERIC Educational Resources Information Center

Merry, Sheila M.; Peters, Clark M.; Goerge, Robert M.; Osuch, Ruth; Minor, Maria; Budde, Stephen

This study suggests that court procedures in Illinois must improve to assure that more children are placed in permanent homes in a timely way. The University of Chicago's Chapin Hall Center for Children examined the timeliness of the Circuit Court of Cook County, Illinois' Child Protection Division in completing the sequence of hearings and…

Final Environmental Planning Technical Report. Land Use

DTIC Science & Technology

1984-01-01

COLLEGE RECREATIONAL FACILITIES Recreational Facilities Number Indoor Facilities Gym (Basketball, Volleyball) 1 Weight Room 1 Handball /Racquetball...Clubs/Gymnasiums 4 YMCA Gloria Stevens Figure Salon Nautilus Fitness Center Rocky Mountain Health Club 10 handball /racquetball courts, swimming pool, gym...Range I Roller Rink 1 Indoor Handball /Racquetball Courts 5 Indoor Softball Diamonds 3 Lighted Picnic Tables 14 Youth Baseball Diamonds 5 Tennis Courts

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…

A College that Reinvented Itself: The Wilson College Story

ERIC Educational Resources Information Center

Armacost, Mary-Linda Merriam

2011-01-01

This article presents the story of Wilson College, the only college in the United States where a group of alumnae took the trustees to court over the issue of the announced closing and won the case. The court reversed the trustees' decision on the grounds that the college had failed to seek approval from the court before announcing the change in…

Amicus Curiae Brief for the United States Supreme Court on Mental Health Issues Associated with "Physician-Assisted Suicide"

ERIC Educational Resources Information Center

Werth, James L., Jr.; Gordon, Judith R.

2002-01-01

After providing background material related to the Supreme Court cases on "physician-assisted suicide" (Washington v. Glucksberg, 1997, and Vacco v. Quill, 1997), this article presents the amicus curiae brief that was submitted to the United States Supreme Court by 2 national mental health organizations, a state psychological association, and an…

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…

32 CFR 719.144 - Application for relief under 10 U.S.C. 869, in cases which have been finally reviewed.

Code of Federal Regulations, 2011 CFR

2011-07-01

... of newly discovered evidence, fraud on the court, lack of jurisdiction over the accused or the... the time of trial, if applicable; (9) Type of court-martial which convicted the applicant, and... discovered evidence; (ii) Fraud on the court; (iii) Lack of jurisdiction over the accused or the offense; (iv...