Science.gov

Sample records for jurisprudence and judicial processes

  1. Legal process, litigation, and judicial decisions.

    PubMed

    Beresford, H Richard

    2013-01-01

    Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes. PMID:24182366

  2. Legal process, litigation, and judicial decisions.

    PubMed

    Beresford, H Richard

    2013-01-01

    Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes.

  3. [Refusal of the biological proof practice and the harm of the law to effective judicial guardianship in constitutional jurisprudence].

    PubMed

    Herrán Ortiz, Ana Isabel

    2007-01-01

    The Spanish Constitution protects the free investigation of the paternity on its 39.2 the article, in which is granted that possibility. This right is not absolute, it has limits, but those limits will have to be interpreted in a restrictive way due to the principles based on it, such as the legal equality of children, and the integral protection of them. In view of this, the sentences are a very valuable element to delimit the aplication of this right, and establish its limitations.

  4. The Disturbing Student and the Judicial Process

    ERIC Educational Resources Information Center

    Ragle, John D.; Paine, Gage E.

    2009-01-01

    The Assessment-Intervention of Student Problems (AISP) model is a useful tool for preparing student affairs professionals to assess the problems of disturbed, disturbing, or disturbed/disturbing students and to make appropriate referrals. It is particularly useful because it emphasizes the necessity of developing an integrated system for this…

  5. Jurisprudence and genetics.

    PubMed

    Kaveny, M C

    1999-03-01

    This section of the Notes in Moral Theology attempts to grapple with the proper relation of law and morality in three emerging issues connected with genetics: cloning, discrimination on the basis of genetic information, and patenting of genetic material.

  6. Jurisprudence and Legal Philosophy in Twentieth-Century America--Major Themes and Developments.

    ERIC Educational Resources Information Center

    Golding, Martin P.

    1986-01-01

    A discussion of jurisprudence and legal philosophy examines twentieth-century developments in four areas: the relation of law and morality, the nature of legal rules and legal concepts, the nature of judicial decision making, and the relation of law to the social sciences. (Author/MSE)

  7. 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.

  8. Where Theory and Law Meet: Trends in Establishment Clause Jurisprudence in the US Federal Courts and Implications for Science Education

    ERIC Educational Resources Information Center

    King, Lance E.; Southerland, Sherry A.

    2013-01-01

    In this study, federal court opinions and writings of legal scholars, spanning 63 years of establishment clause jurisprudence in the US federal courts were analysed in an effort to determine dominant trends in judicial philosophy that are of significance to science educators. The study's findings suggest that the dominant legal theory…

  9. The Jurisprudence of "Brown" and the Dilemmas of Liberalism.

    ERIC Educational Resources Information Center

    Horwitz, Morton J.

    1979-01-01

    Examines several dilemmas of liberal jurisprudence stemming from "Brown," and concludes that they stem, ultimately, from our uncertain commitment to equality. Available from William S. Hein & Co., Inc., 1285 Main St., Buffalo, NY 14209. (IRT)

  10. Judicial Checks and Balances

    ERIC Educational Resources Information Center

    La Porta, Rafael; Lopez-de-Silanes, Florencio; Pop-Eleches, Cristian; Shleifer, Andrei

    2004-01-01

    In the Anglo-American constitutional tradition, judicial checks and balances are often seen as crucial guarantees of freedom. Hayek distinguishes two ways in which the judiciary provides such checks and balances: judicial independence and constitutional review. We create a new database of constitutional rules in 71 countries that reflect these…

  11. Pathologists and the judicial process: how to avoid it.

    PubMed

    Epstein, J I

    2001-04-01

    This review article covers the full range of issues concerning malpractice as it relates to pathologists. Following a brief summary as to the incidence and general statistics on the outcome of lawsuits as well as common pathology misdiagnoses resulting in lawsuits, the definition of malpractice is discussed. These include duty, breech of standard of care, proximal cause, and damage. Details are provided as to what a pathologist should do from the initial threat of a lawsuit, to the initial lawsuit, and through the initial physician/lawyer meeting. An in-depth analysis as to how pathologists should handle themselves through the discovery process and, in particular, deposition is provided. Plaintiff attorneys' goals at deposition are covered in depth. These goals include: 1) education about the pathologist's case and strategies; 2) impeachment of the pathologist's credibility; and 3) judgment as to how effective a witness the pathologist will be at trial. Various types of plaintiff's attorney at deposition are summarized. Also discussed is the post-deposition meeting with the legal representative, whether to settle, and specific issues relating to trial. Finally, general tips on how to avoid a lawsuit in pathology are reviewed. PMID:11257629

  12. Narrative Jurisprudence and Other Heresies: Legal Education at the Margin.

    ERIC Educational Resources Information Center

    Friedrichs, David O.

    1990-01-01

    Although personal narrative is a traditional and pervasive form of discourse, it is no longer the standard form of discourse in legal education. However, an emerging narrative jurisprudence suggesting inherent limitations of formal doctrinal and empirical analysis and promoting the legitimacy of the personal account, challenges this situation.…

  13. College Student Perceptions and Learning Points from the Formal University Judicial Process: A Multiple Case Study

    ERIC Educational Resources Information Center

    Lucas, Christopher M.

    2009-01-01

    For educators in the field of higher education and judicial affairs, issues are growing. Campus adjudicators must somehow maximize every opportunity for student education and development in the context of declining resources and increasing expectations of public accountability. Numbers of student misconduct cases, including matters of violence and…

  14. Race, youth violence, and the changing jurisprudence of waiver.

    PubMed

    Feld, B C

    2001-01-01

    This article analyzes the legal history and jurisprudential theory of legislative offense-exclusion and prosecutorial waiver laws over the past quarter-century. Initially concerns about racial discrimination and civil rights motivated the Supreme Court in Kent v. United States to require due process in judicial waiver hearings. Offense-exclusion and "direct file" laws evolved and expanded in direct reaction to Kent as lawmakers sought simple and expedient alternatives to judicial waiver hearings. The "just deserts" sentencing movement of the 1970s, which advocated determinate and presumptive offense-based sentences, provided a conceptual alternative to judicial discretion and a jurisprudential rationale for offense exclusion laws. Research on delinquent and criminal careers in the 1970s, which initially promised empirically grounded selective incapacitation sentencing strategies, provided another conceptual foundation for offense-based waiver laws that focused on youths' prior records. Finally, offense exclusion provided a politically attractive strategy for "get tough" public officials who proposed to "crack down" on "baby boom" increases in youth crime. The jurisprudential shift in sentencing emphases from considerations of the offender to characteristics of the offense relocated waiver and sentencing discretion from judges to prosecutors. By the early 1990s, as a result of political "crack-downs" on youth crime, the scope of excluded offense legislation increased substantially, became overly inclusive and excessively rigid, and exhibited many of the negative features associated with mandatory sentencing laws.

  15. Ethical Sentiments and the Role of Literature in the Jurisprudence Seminar

    ERIC Educational Resources Information Center

    Penrod, Lynn

    2010-01-01

    This article focuses on a typical law and literature jurisprudence seminar and the use of literary texts in this type of class to foster the development of "ethical sentiments" in future legal practitioners. While the majority of jurisprudence courses within a standard law curriculum tend to use political theory, philosophical, or socio-cultural…

  16. The fallibility of memory in judicial processes: lessons from the past and their modern consequences.

    PubMed

    Howe, Mark L; Knott, Lauren M

    2015-01-01

    The capability of adult and child witnesses to accurately recollect events from the past and provide reliable testimony has been hotly debated for more than 100 years. Prominent legal cases of the 1980s and 1990s sparked lengthy debates and important research questions surrounding the fallibility and general reliability of memory. But what lessons have we learned, some 35 years later, about the role of memory in the judicial system? In this review, we focus on what we now know about the consequences of the fallibility of memory for legal proceedings. We present a brief historical overview of false memories that focuses on three critical forensic areas that changed memory research: children as eyewitnesses, historic sexual abuse and eyewitness (mis)identification. We revisit some of the prominent trials of the 1980s and 1990s to not only consider the role false memories have played in judicial decisions, but also to see how this has helped us understand memory today. Finally, we consider the way in which the research on memory (true and false) has been successfully integrated into some courtroom procedures. PMID:25706242

  17. The fallibility of memory in judicial processes: lessons from the past and their modern consequences.

    PubMed

    Howe, Mark L; Knott, Lauren M

    2015-01-01

    The capability of adult and child witnesses to accurately recollect events from the past and provide reliable testimony has been hotly debated for more than 100 years. Prominent legal cases of the 1980s and 1990s sparked lengthy debates and important research questions surrounding the fallibility and general reliability of memory. But what lessons have we learned, some 35 years later, about the role of memory in the judicial system? In this review, we focus on what we now know about the consequences of the fallibility of memory for legal proceedings. We present a brief historical overview of false memories that focuses on three critical forensic areas that changed memory research: children as eyewitnesses, historic sexual abuse and eyewitness (mis)identification. We revisit some of the prominent trials of the 1980s and 1990s to not only consider the role false memories have played in judicial decisions, but also to see how this has helped us understand memory today. Finally, we consider the way in which the research on memory (true and false) has been successfully integrated into some courtroom procedures.

  18. The fallibility of memory in judicial processes: Lessons from the past and their modern consequences

    PubMed Central

    Howe, Mark L.; Knott, Lauren M.

    2015-01-01

    The capability of adult and child witnesses to accurately recollect events from the past and provide reliable testimony has been hotly debated for more than 100 years. Prominent legal cases of the 1980s and 1990s sparked lengthy debates and important research questions surrounding the fallibility and general reliability of memory. But what lessons have we learned, some 35 years later, about the role of memory in the judicial system? In this review, we focus on what we now know about the consequences of the fallibility of memory for legal proceedings. We present a brief historical overview of false memories that focuses on three critical forensic areas that changed memory research: children as eyewitnesses, historic sexual abuse and eyewitness (mis)identification. We revisit some of the prominent trials of the 1980s and 1990s to not only consider the role false memories have played in judicial decisions, but also to see how this has helped us understand memory today. Finally, we consider the way in which the research on memory (true and false) has been successfully integrated into some courtroom procedures. PMID:25706242

  19. Medical Evidence and Expertise in Abortion Jurisprudence.

    PubMed

    Ahmed, Aziza

    2015-01-01

    For another thing, the division of medical opinion about the matter at most means uncertainty, a factor that signals the presence of risk, not its absence. That division here involves highly qualified knowledgeable experts on both sides of the issue.--Stenberg v. Carhart, 2000. While we find no reliable data to measure the phenomenon, it seems unexceptionable to conclude some women come to regret their choice to abort the infant life they once created and sustained.--Gonzales v. Carhart, 2007.

  20. Medical Evidence and Expertise in Abortion Jurisprudence.

    PubMed

    Ahmed, Aziza

    2015-01-01

    For another thing, the division of medical opinion about the matter at most means uncertainty, a factor that signals the presence of risk, not its absence. That division here involves highly qualified knowledgeable experts on both sides of the issue.--Stenberg v. Carhart, 2000. While we find no reliable data to measure the phenomenon, it seems unexceptionable to conclude some women come to regret their choice to abort the infant life they once created and sustained.--Gonzales v. Carhart, 2007. PMID:26237984

  1. The Judicial Construction of the Role of the Teacher

    ERIC Educational Resources Information Center

    Oliverio, Cesare; Manley-Casimir, Michael

    2005-01-01

    This paper examines the evolving Canadian jurisprudence at the appellate court level to outline the emerging definition--what is termed the "judicial construction"--of the role of the teacher. "Judicial construction" is a phrase intended to capture the attribution by judges of the social and educational significance of teachers. It is a phrase…

  2. The past, present and future of mental health law: a therapeutic jurisprudence analysis.

    PubMed

    Allan, Alfred

    2003-01-01

    This article uses a therapeutic jurisprudence perspective to review the evolution of mental health law in the Western world by examining developments at various stages in history, in particular the 20th century. It suggests that one of the major challenges for the future, from a therapeutic jurisprudence perspective, will be to help minimise the stigma, prejudice and discrimination associated with mental health law. The article concludes with the suggestion that the question of whether mental health law itself, because it contributes to discrimination against mentally disordered people, may be anti-therapeutic requires more investigation and consideration.

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

    PubMed

    Redlich, Allison D; Han, Woojae

    2014-04-01

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

  4. Anglo-American Jurisprudence and the Native American Tribal Quest for Religious Freedom.

    ERIC Educational Resources Information Center

    Loftin, John D.

    1989-01-01

    Argues that Native American tribes encounter major legal problems in the practice of traditional religions due to differences between Native and Anglo American worldviews. Examines the ideology of civilization underlying values in American jurisprudence, foundations of American Indian law, and relevant constitutional law. Contains over 200…

  5. Student Rights and the Special Characteristics of the School Environment in American Jurisprudence

    ERIC Educational Resources Information Center

    Blokhuis, J. C.

    2015-01-01

    In American jurisprudence, there can be no presumption of constitutional rights coextensive with those of adults for children in any institutional context. This includes public schools, in part because of the legal status of minors and in part because the "special characteristics of the school environment" are predicated on a…

  6. Through the Lens of Therapeutic Jurisprudence: The Relationship between Empowerment in the Court System and Well-Being for Intimate Partner Violence Victims

    ERIC Educational Resources Information Center

    Bennett Cattaneo, Lauren; Goodman, Lisa A.

    2010-01-01

    Research has established the connection between intimate partner violence victims' empowering experiences in the court system and their satisfaction with the process, but not between these experiences and victims' broader wellbeing, a link suggested by the framework of therapeutic jurisprudence. This study investigated the relationship between…

  7. Where Theory and Law Meet: Trends in establishment clause jurisprudence in the US federal courts and implications for science education

    NASA Astrophysics Data System (ADS)

    King, Lance E.; Southerland, Sherry A.

    2013-03-01

    In this study, federal court opinions and writings of legal scholars, spanning 63 years of establishment clause jurisprudence in the US federal courts were analysed in an effort to determine dominant trends in judicial philosophy that are of significance to science educators. The study's findings suggest that the dominant legal theory underpinning the adjudication of establishment clause cases on the US Supreme Court has undergone a shift from one that emphasizes separation of church and state to one that favours integration of religion in the public sphere. This development poses significant challenges to science educators who are charged with the task of teaching in accordance with state science standards that emphasize topics that are considered controversial (e.g. evolution and global climate change) by many in the faith-based community. These findings constitute a basis for forecasting future actions in US courts regarding the role of government in establishing religious practices in the public sphere-particularly where such actions intersect with the roles of teachers in the nation's public K-12 science classrooms. Finally, we argue that scientists and science educators must adopt an assertive stance in defining science in curricular frameworks, providing something for the courts to draw upon in future decisions.

  8. State of the nation: therapeutic jurisprudence and the evolution of the right of self-determination in international law.

    PubMed

    Cooper, J M

    1999-01-01

    This article expands the scope of the therapeutic jurisprudence enterprise and applies the concept at a collective global level. The right of self-determination, arguably the most important and certainly the most controversial part of international law, is examined through the lens of therapeutic jurisprudence. By detailing the manner in which nations move towards their goal of statehood, this article opens up dialogue about collective healing, shared memory and alternative approaches to autonomy. The article poses the question of whether groups of people can share in common delusions, forms of folie a gens.

  9. Islam, brain death, and transplantation: culture, faith, and jurisprudence.

    PubMed

    Arbour, Richard; AlGhamdi, Hanan Mesfer Saad; Peters, Linda

    2012-01-01

    A significant gap exists between availability of organs for transplant and patients with end-stage organ failure for whom organ transplantation is the last treatment option. Reasons for this mismatch include inadequate approach to potential donor families and donor loss as a result of refractory cardiopulmonary instability during and after brainstem herniation. Other reasons include inadequate cultural competence and sensitivity when communicating with potential donor families. Clinicians may not have an understanding of the cultural and religious perspectives of Muslim families of critically ill patients who may be approached about brain death and organ donation. This review analyzes Islamic cultural and religious perspectives on organ donation, transplantation, and brain death, including faith-based directives from Islamic religious authorities, definitions of death in Islam, and communication strategies when discussing brain death and organ donation with Muslim families. Optimal family care and communication are highlighted using case studies and backgrounds illustrating barriers and approaches with Muslim families in the United States and in the Kingdom of Saudi Arabia that can improve cultural competence and family care as well as increase organ availability within the Muslim population and beyond. PMID:23095963

  10. Islam, brain death, and transplantation: culture, faith, and jurisprudence.

    PubMed

    Arbour, Richard; AlGhamdi, Hanan Mesfer Saad; Peters, Linda

    2012-01-01

    A significant gap exists between availability of organs for transplant and patients with end-stage organ failure for whom organ transplantation is the last treatment option. Reasons for this mismatch include inadequate approach to potential donor families and donor loss as a result of refractory cardiopulmonary instability during and after brainstem herniation. Other reasons include inadequate cultural competence and sensitivity when communicating with potential donor families. Clinicians may not have an understanding of the cultural and religious perspectives of Muslim families of critically ill patients who may be approached about brain death and organ donation. This review analyzes Islamic cultural and religious perspectives on organ donation, transplantation, and brain death, including faith-based directives from Islamic religious authorities, definitions of death in Islam, and communication strategies when discussing brain death and organ donation with Muslim families. Optimal family care and communication are highlighted using case studies and backgrounds illustrating barriers and approaches with Muslim families in the United States and in the Kingdom of Saudi Arabia that can improve cultural competence and family care as well as increase organ availability within the Muslim population and beyond.

  11. Educational Rights of Handicapped Children: Three Federal Statutes and an Evolving Jurisprudence. Part II: Future Rights and Remedies.

    ERIC Educational Resources Information Center

    Wegner, Judith Welch

    1988-01-01

    Argues that special education jurisprudence is a composite creation resulting from the interplay of section 504 of the Rehabilitation Act, the Education for All Handicapped Children Act, and the Handicapped Children's Protection Act of 1986. These statutes embody a coherent approach for ensuring that handicapped children receive needed educational…

  12. Biomedical engineers and participation in judicial executions: capital punishment as a technical problem.

    PubMed

    Doyle, John

    2007-01-01

    This paper discusses the topic of judicial execution from the perspective of the intersection of the technological issues and the professional ethics issues. Although physicians are generally ethically forbidden from any involvement in the judicial execution process, this does not appear to be the case for engineering professionals. This creates an interesting but controversial opportunity for the engineering community (especially biomedical engineers) to improve the humaneness and reliability of the judicial execution process.

  13. 32 CFR 776.67 - Judicial and legal officers.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 5 2011-07-01 2011-07-01 false Judicial and legal officers. 776.67 Section 776... Rules of Professional Conduct § 776.67 Judicial and legal officers. (a) Judicial and legal officers. A... officer, hearing officer, adjudicatory officer, or public legal officer, or of a candidate for election...

  14. 32 CFR 776.67 - Judicial and legal officers.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Judicial and legal officers. 776.67 Section 776... Rules of Professional Conduct § 776.67 Judicial and legal officers. (a) Judicial and legal officers. A... officer, hearing officer, adjudicatory officer, or public legal officer, or of a candidate for election...

  15. Hazardous waste: 1998 Regulatory and judicial developments

    SciTech Connect

    Henry, M.E.; Wright, W.G. Jr.

    1998-12-31

    Every year, owners and operators of facilities generating, transporting, treating, storing, or disposing of hazardous waste, or persons held liable for past hazardous waste management practice through EPA`s Superfund program, are affected by changes in the application and interpretation of hazardous waste regulation. This paper will summarize the significant 1997 hazardous waste regulatory developments, including changes and additions to land disposal restrictions and treatment standards, hazardous waste determination procedures, used oil management practices. This paper will also summarize key judicial decisions addressing expanded definitions of solid and hazardous waste, activities constituting disposal, and circumstances constituting imminent and substantial endangerment. Finally, this paper will summarize new EPA Superfund guidance documents and judicial decisions addressing issues of liability and defenses to liability under Superfund.

  16. CDA Judicial Council: blending idealism and practicality.

    PubMed

    Kiger, Robert D

    2013-07-01

    The California Dental Association Judicial Council has the responsibility for interpreting and enforcing the Code of Ethics, for disciplining members and for fostering a climate of education and ethics awareness for CDA members. The Council recognizes the inherent difficulty in rigid enforcement of the Code of Ethics, and chooses to take an approach that educates and encourages members to embrace the highest standards of our profession as outlined in the Code. PMID:24024298

  17. Therapeutic jurisprudence and outpatient commitment law: Kendra's Law and case study.

    PubMed

    Perlin, Michael L

    2003-01-01

    This article considers the implications of assisted outpatient commitment laws (OPC), with specific focus on New York's "Kendra's Law" through the lens of therapeutic jurisprudence (TJ). In this article, the author offers perspectives on the relationship between involuntary civil commitment, outpatient commitment, and the concept of the "least restrictive alternative"; considers pertinent empirical research, and looks at OPC's controversial relationship to forced drugging. Here, the civil libertarian critique is briefly considered, as well as the MacArthur Research Network research. Finally, the author looks closely at Kendra's Law, providing a brief overview of the law itself, and identifying some "pressure points" and pivotal issues, and considers the TJ implications of Kendra's Law, to determine how it "fits" into the public's "take" on all of mental disability law.

  18. Producing a Tribal Citizenry Literate in Law and Jurisprudence

    ERIC Educational Resources Information Center

    Wall, Stephen

    2015-01-01

    The relationship between American Indians and the U.S. federal government and state governments is complicated. It is a relationship that controls almost all aspects of tribal life and has resulted in American Indians being the most legislated people in the United States. For many years tribal people relied on non-Native attorneys to help navigate…

  19. [Bioethical language in the law and jurisprudence about bioethical problems].

    PubMed

    Corral García, Eduardo

    2013-01-01

    The impact is analyzed that on the Spanish Law relative to questions bioethics--as the Law on artificial reproduction, the Law of biomedical investigation, and the Law on sexual and reproductive health--can have the conception of human embryo enunciated by the Court of Justice of the European Union in his judgment of October 18, 2011, considering it to be any ovum fertilized with independence of the degree of reached development.

  20. [Bioethical language in the law and jurisprudence about bioethical problems].

    PubMed

    Corral García, Eduardo

    2013-01-01

    The impact is analyzed that on the Spanish Law relative to questions bioethics--as the Law on artificial reproduction, the Law of biomedical investigation, and the Law on sexual and reproductive health--can have the conception of human embryo enunciated by the Court of Justice of the European Union in his judgment of October 18, 2011, considering it to be any ovum fertilized with independence of the degree of reached development. PMID:24206251

  1. The Supreme Court, abortion, and the jurisprudence of class.

    PubMed Central

    Mariner, W K

    1992-01-01

    The US Supreme Court's decision in Planned Parenthood of Southeastern Pennsylvania v Casey both protects a woman's liberty to choose to terminate her pregnancy and permits the state to make it more difficult for her to exercise her choice. In their opinion on the case, Justices O'Connor, Kennedy, and Souter eloquently defend constitutional protection of the right to make intimate decisions like continuing or ending a pregnancy. At the same time, they permit the state to try to persuade pregnant women not to have abortions and to make abortion harder to obtain and more costly, as long as the state's methods do not create an "undue burden" on the decision. Any restriction on abortion is a burden; whether it is "undue" (and therefore unconstitutional) depends on one's circumstances. The Court appears to view the difference between an undue burden and mere inconvenience from the perspective of privilege. The restrictions that were upheld may not significantly affect middle-class access to abortion, but they could prove insurmountable for many less privileged women. PMID:1443311

  2. 31 CFR 576.508 - Judicial process in legal proceedings involving ecological accidents.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 31 Money and Finance:Treasury 3 2014-07-01 2014-07-01 false Judicial process in legal proceedings involving ecological accidents. 576.508 Section 576.508 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY...

  3. 31 CFR 576.508 - Judicial process in legal proceedings involving ecological accidents.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 31 Money and Finance:Treasury 3 2012-07-01 2012-07-01 false Judicial process in legal proceedings involving ecological accidents. 576.508 Section 576.508 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY...

  4. 31 CFR 576.508 - Judicial process in legal proceedings involving ecological accidents.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 31 Money and Finance:Treasury 3 2013-07-01 2013-07-01 false Judicial process in legal proceedings involving ecological accidents. 576.508 Section 576.508 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY...

  5. International jurisprudence on trade and environmental health: one step forward, two steps back?

    PubMed

    Timmermans, Karin

    2008-01-01

    Since the creation of the World Trade Organization (WTO), there has been considerable debate regarding the impact of its rules on public health. By contrast, the role of the WTO dispute settlement mechanism has received little attention, even though the bodies responsible for settling disputes are the ultimate interpreters of WTO rules and agreements. To date, three WTO disputes that relate to occupational and/or environmental health have been fully litigated. A review of the decisions and reasoning in these cases indicates that WTO jurisprudence is evolving, as Panels and the Appellate Body try--with varying degrees of success--to balance countries' rights and obligations under international trade agreements with their right to protect occupational and environmental health. Disputes between nations can have an impact beyond the parties concerned, and raise questions about the relationship between trade agreements and other international agreements, especially multilateral environmental agreements (MEAs).

  6. 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. PMID:27044525

  7. 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.

  8. Individualizing Instruction in Pharmacy Jurisprudence

    ERIC Educational Resources Information Center

    Tindall, William N.

    1978-01-01

    Students at Creighton University's School of Pharmacy were offered the option of taking a pharmacy jurisprudence course by a self-taught, self-paced mode or by the traditional lecture mode. Comparasions were made of students in each group. Topics of the learning module and NABPLEX propositions for examining competency are included. (SW)

  9. Discrimination, developmental science, and the law: addressing dramatic shifts in civil rights jurisprudence.

    PubMed

    Levesque, Roger J R

    2014-01-01

    The civil rights movement fostered dramatic shifts in legal responses to discrimination based on race, gender, and a host of other group characteristics. The legal system now evinces yet another dramatic shift, as it moves from considering difference to focusing on neutrality, from efforts that seek to counter subjugation to those that adopt a "color-blind" approach. The shifting approach already has reached laws regulating responses to the group that spurred massive civil rights reform: minority youth. The shift requires a different body of empirical evidence to address it and a new look at equality jurisprudence. This article notes the need to turn to the current understanding of prejudice and discrimination for guidance, and uses, as illustration, developmental science to shed light on the development, manifestation, and alleviation of invidious discrimination. Using that understanding, the analysis details how the legal system can benefit from that research and better address discrimination in light of dramatic changes in law. The article articulates the need to address discrimination by recognizing and enlisting the law's inculcative powers through multiple sites of inculcation, ranging from families, schools, health and justice systems to religious and community groups. The discussion concludes with brief suggestions for reform benefiting from understandings of prejudice and its expression.

  10. Discrimination, developmental science, and the law: addressing dramatic shifts in civil rights jurisprudence.

    PubMed

    Levesque, Roger J R

    2014-01-01

    The civil rights movement fostered dramatic shifts in legal responses to discrimination based on race, gender, and a host of other group characteristics. The legal system now evinces yet another dramatic shift, as it moves from considering difference to focusing on neutrality, from efforts that seek to counter subjugation to those that adopt a "color-blind" approach. The shifting approach already has reached laws regulating responses to the group that spurred massive civil rights reform: minority youth. The shift requires a different body of empirical evidence to address it and a new look at equality jurisprudence. This article notes the need to turn to the current understanding of prejudice and discrimination for guidance, and uses, as illustration, developmental science to shed light on the development, manifestation, and alleviation of invidious discrimination. Using that understanding, the analysis details how the legal system can benefit from that research and better address discrimination in light of dramatic changes in law. The article articulates the need to address discrimination by recognizing and enlisting the law's inculcative powers through multiple sites of inculcation, ranging from families, schools, health and justice systems to religious and community groups. The discussion concludes with brief suggestions for reform benefiting from understandings of prejudice and its expression. PMID:24826823

  11. Lineage and the Rights of Cloned Child in the Islamic Jurisprudence

    PubMed Central

    Moeinifar, Mohaddeseh; Ardebeli, Faezeh Azimzadeh

    2012-01-01

    Lineage in the Islamic law is one of the most basic human rights each individual inherits from his family. When modern assisted reproductive technologies appeared in recent decades, the issue of lineage and the child's rights did not encounter serious challenges. But with the advent of these technologies, the issue of the child's lineage resulting from new technologies has become the center of attention. These technologies have a large share in the field of medicine. A new technique known as cloning has entered the realm of science and technology. Considering the possibility of the widespread use of this technique, the subject of cloned child's lineage and his/her rights would be one of the major issues related to this subject. In this paper, the authors have examined the various aspects of the subject and the opinions of theologians in this regard in order to present a best solution to this issue. In fact, the fundamental concern in this paper is to figure out the relationship between the cloned child, the cell donor, the egg donor and the owner of the uterus. In this paper, after considering the concepts of the parentage and identical twins’ relationship would be explored and then a detailed analysis of the parental relationship and the Shiite jurisprudence scholars' opinion on these issues would be presented. Finally, the rights of cloned children would be taken into consideration. PMID:23926545

  12. "Too stubborn to ever be governed by enforced insanity": Some therapeutic jurisprudence dilemmas in the representation of criminal defendants in incompetency and insanity cases.

    PubMed

    Perlin, Michael L

    2010-01-01

    Little attention has been paid to the importance of the relationship between therapeutic jurisprudence (TJ) and the role of criminal defense lawyers in insanity and incompetency-to-stand-trial (IST) cases. That inattention is especially noteworthy in light of the dismal track record of counsel providing services to defendants who are part of this cohort of incompetency-status-raisers and insanity-defense-pleaders. On one hand, this lack of attention is a surprise as TJ scholars have, in recent years, turned their attention to virtually every other aspect of the legal system. On the other hand, it is not a surprise, given the omnipresence of sanism, an irrational prejudice of the same quality and character of other irrational prejudices that cause (and are reflected in) prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry, that infects both our jurisprudence and our lawyering practices. Sanism is largely invisible and largely socially acceptable, and is based predominantly upon stereotype, myth, superstition, and deindividualization. It is sustained and perpetuated by our use of alleged "ordinary common sense" (OCS) and heuristic reasoning in an unconscious response to events both in everyday life and in the legal process. This paper examines the literature that seeks to apply TJ principles to the criminal law process in general, drawing mostly on the work of Professor David Wexler. It considers why the lack of attention that I have referred to already is surprising (given TJ's mandate and the fact that many TJ issues are inevitably raised in any insanity or IST case). The paper then considers why this lack of attention is not surprising, given the omnipresence of sanism. It will consider some of the actual counseling issues that might arise in these contexts, and offer some suggestions to lawyers representing clients in cases in which mental status issues may be raised. The paper concludes that we must rigorously apply therapeutic

  13. "Too stubborn to ever be governed by enforced insanity": Some therapeutic jurisprudence dilemmas in the representation of criminal defendants in incompetency and insanity cases.

    PubMed

    Perlin, Michael L

    2010-01-01

    Little attention has been paid to the importance of the relationship between therapeutic jurisprudence (TJ) and the role of criminal defense lawyers in insanity and incompetency-to-stand-trial (IST) cases. That inattention is especially noteworthy in light of the dismal track record of counsel providing services to defendants who are part of this cohort of incompetency-status-raisers and insanity-defense-pleaders. On one hand, this lack of attention is a surprise as TJ scholars have, in recent years, turned their attention to virtually every other aspect of the legal system. On the other hand, it is not a surprise, given the omnipresence of sanism, an irrational prejudice of the same quality and character of other irrational prejudices that cause (and are reflected in) prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry, that infects both our jurisprudence and our lawyering practices. Sanism is largely invisible and largely socially acceptable, and is based predominantly upon stereotype, myth, superstition, and deindividualization. It is sustained and perpetuated by our use of alleged "ordinary common sense" (OCS) and heuristic reasoning in an unconscious response to events both in everyday life and in the legal process. This paper examines the literature that seeks to apply TJ principles to the criminal law process in general, drawing mostly on the work of Professor David Wexler. It considers why the lack of attention that I have referred to already is surprising (given TJ's mandate and the fact that many TJ issues are inevitably raised in any insanity or IST case). The paper then considers why this lack of attention is not surprising, given the omnipresence of sanism. It will consider some of the actual counseling issues that might arise in these contexts, and offer some suggestions to lawyers representing clients in cases in which mental status issues may be raised. The paper concludes that we must rigorously apply therapeutic

  14. A judicial rashomon: on ageism and narrative justice.

    PubMed

    Doron, Israel

    2012-03-01

    How are old people treated in courts? How do judges construct old age? To what extent judicial decisions regarding older persons reflect ageist attitudes? Historically, these questions have received relatively little attention in gerontological literature. This Israeli case-study tries to add a new dimension to the growing literature in the field of jurisprudential gerontology, in a context that so far received little attention: narrative justice. More specifically, this study combines a narrative-justice theoretical approach, with a legal case-study methodology, in order to explore the relationships between judicial narratives and ageism. The narrative analysis presented in this case study exposes how in contrast to common perception, which views legal decisions as objective and unimaginative texts, reality is different. The judicial case studied in this article exemplify how in real life, judges often construct a socio-judicial narrative, embellished by personal bias and prejudices regarding old age.

  15. Classifying and Assessing the Effectiveness of Judicial Procedures in Mississippi Community Colleges

    ERIC Educational Resources Information Center

    Rice, Edward, II

    2009-01-01

    This study classified and compared the judicial procedures that mirrored the criminal justice system with judicial procedures that were less formal and more student-oriented. The judicial procedures of Mississippi's Community and Junior Colleges are the focus of the study. Each school's judicial procedure was classified and placed on a continuum…

  16. Judicial Views of Parole Decision Processes: A Social Science Perspective.

    ERIC Educational Resources Information Center

    Metchik, Eric

    1992-01-01

    Notes that future prospects for parole at the federal and state levels are increasingly unclear. Presents a way to integrate various conceptions of parole according to the broader sentencing framework within which board members operate. Discusses implications for due process requirements at parole hearings and guidelines reform efforts. (Author/NB)

  17. Interstitial Jurisprudence Illustrated in Teaching Criminal Law

    ERIC Educational Resources Information Center

    Funk, David A.

    1975-01-01

    The incorporation of criminal law theory into the first-year criminal law course is discussed as an example of adding the jurisprudence of specific subject matters to standard courses. Jurisprudential issues appropriate for study are suggested along with guidelines for teaching techniques, selection of materials, and use of class time. (JT)

  18. Judicial Independence: Understanding the Courts and the Constitution.

    ERIC Educational Resources Information Center

    Pitts, Annette Boyd

    The League of Women Voters/Tallahassee responded to an opportunity to research the concerns of Florida's judiciary following the disrupted general election of 2000. It received a grant for the Judicial Independence Project, a project supported by a grant from the Program on Law and Society of the Open Society Institute, from the League of Women…

  19. 28 CFR 9.5 - Criteria governing administrative and judicial remission and mitigation.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... judicial remission and mitigation. 9.5 Section 9.5 Judicial Administration DEPARTMENT OF JUSTICE REGULATIONS GOVERNING THE REMISSION OR MITIGATION OF CIVIL AND CRIMINAL FORFEITURES § 9.5 Criteria governing administrative and judicial remission and mitigation. (a) Remission. (1) The Ruling Official shall not...

  20. 28 CFR 9.5 - Criteria governing administrative and judicial remission and mitigation.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... judicial remission and mitigation. 9.5 Section 9.5 Judicial Administration DEPARTMENT OF JUSTICE REGULATIONS GOVERNING THE REMISSION OR MITIGATION OF CIVIL AND CRIMINAL FORFEITURES § 9.5 Criteria governing administrative and judicial remission and mitigation. (a) Remission. (1) The Ruling Official shall not...

  1. 28 CFR 9.5 - Criteria governing administrative and judicial remission and mitigation.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... judicial remission and mitigation. 9.5 Section 9.5 Judicial Administration DEPARTMENT OF JUSTICE REGULATIONS GOVERNING THE REMISSION OR MITIGATION OF ADMINISTRATIVE, CIVIL, AND CRIMINAL FORFEITURES § 9.5 Criteria governing administrative and judicial remission and mitigation. (a) Remission. (1) The...

  2. 28 CFR 9.5 - Criteria governing administrative and judicial remission and mitigation.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... judicial remission and mitigation. 9.5 Section 9.5 Judicial Administration DEPARTMENT OF JUSTICE REGULATIONS GOVERNING THE REMISSION OR MITIGATION OF CIVIL AND CRIMINAL FORFEITURES § 9.5 Criteria governing administrative and judicial remission and mitigation. (a) Remission. (1) The Ruling Official shall not...

  3. 28 CFR 9.5 - Criteria governing administrative and judicial remission and mitigation.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... judicial remission and mitigation. 9.5 Section 9.5 Judicial Administration DEPARTMENT OF JUSTICE REGULATIONS GOVERNING THE REMISSION OR MITIGATION OF ADMINISTRATIVE, CIVIL, AND CRIMINAL FORFEITURES § 9.5 Criteria governing administrative and judicial remission and mitigation. (a) Remission. (1) The...

  4. Therapeutic Jurisprudence in Health Research: Enlisting Legal Theory as a Methodological Guide in an Interdisciplinary Case Study of Mental Health and Criminal Law.

    PubMed

    Ferrazzi, Priscilla; Krupa, Terry

    2015-09-01

    Studies that seek to understand and improve health care systems benefit from qualitative methods that employ theory to add depth, complexity, and context to analysis. Theories used in health research typically emerge from social science, but these can be inadequate for studying complex health systems. Mental health rehabilitation programs for criminal courts are complicated by their integration within the criminal justice system and by their dual health-and-justice objectives. In a qualitative multiple case study exploring the potential for these mental health court programs in Arctic communities, we assess whether a legal theory, known as therapeutic jurisprudence, functions as a useful methodological theory. Therapeutic jurisprudence, recruited across discipline boundaries, succeeds in guiding our qualitative inquiry at the complex intersection of mental health care and criminal law by providing a framework foundation for directing the study's research questions and the related propositions that focus our analysis.

  5. Beyond Bok: Historical Jurisprudence in Replacement of the Enlightenment Project.

    ERIC Educational Resources Information Center

    Young, Stephen B.

    1985-01-01

    The approach taken by Derek Bok in his call for fundamental changes in the American legal system and in legal education is examined and contrasted with an approach based on historical jurisprudence. (MSE)

  6. Annual committee reports on significant legislative, judicial, and administrative developments in 1981: Water-Quality committee

    SciTech Connect

    Not Available

    1982-01-01

    This review of 1981 developments is divided into four basic parts. The first covers legislative, judicial, and administrative developments under the Clean Water Act (CWA); the second covers judicial and administrative developments under the Safe Drinking Water Act (SDWA); the third covers judicial developments respecting private rights of action and the federal common law of nuisance. 109 references.

  7. After "Fisher": Academic Review and Judicial Scrutiny

    ERIC Educational Resources Information Center

    La Noue, George R.

    2013-01-01

    This article describes the outcomes of the case "Fisher v. University of Texas at Austin," in which the plaintiff had accused the University of Texas (UT) of racial discrimination in the admission process. The author believes that the ruling of the court in this case makes it harder to hide race-based measures used in college admissions.…

  8. Judicial astrology in theory and practice in later medieval Europe.

    PubMed

    Carey, Hilary M

    2010-06-01

    Interrogations and elections were two branches of Arabic judicial astrology made available in Latin translation to readers in western Europe from the twelfth century. Through an analysis of the theory and practice of interrogations and elections, including the writing of the Jewish astrologer Sahl b. Bishr, this essay considers the extent to which judicial astrology was practiced in the medieval west. Consideration is given to historical examples of interrogations and elections mostly from late medieval English manuscripts. These include the work of John Dunstaple (ca. 1390-1453), the musician and astrologer who is known have served at the court of John, duke of Bedford. On the basis of the relatively small number of surviving historical horoscopes, it is argued that the practice of interrogations and elections lagged behind the theory.

  9. Judicial astrology in theory and practice in later medieval Europe.

    PubMed

    Carey, Hilary M

    2010-06-01

    Interrogations and elections were two branches of Arabic judicial astrology made available in Latin translation to readers in western Europe from the twelfth century. Through an analysis of the theory and practice of interrogations and elections, including the writing of the Jewish astrologer Sahl b. Bishr, this essay considers the extent to which judicial astrology was practiced in the medieval west. Consideration is given to historical examples of interrogations and elections mostly from late medieval English manuscripts. These include the work of John Dunstaple (ca. 1390-1453), the musician and astrologer who is known have served at the court of John, duke of Bedford. On the basis of the relatively small number of surviving historical horoscopes, it is argued that the practice of interrogations and elections lagged behind the theory. PMID:20513620

  10. 77 FR 72884 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-12-06

    ... From the Federal Register Online via the Government Publishing Office JUDICIAL CONFERENCE OF THE UNITED STATES Meeting of the Judicial Conference Committee on Rules of Practice and Procedure AGENCY: Judicial Conference of the United States Advisory Committee on Rules of Bankruptcy Procedure....

  11. Otitis media: diagnosis, management, and judicious use of antibiotics.

    PubMed

    Stool, Sylvan; Carlson, Linda H; Johnson, Candice E

    2002-07-01

    Otitis media continues to present a major challenge to practitioners in the clinical setting. With the ever-increasing trend toward the use of a sound research-structured approach to health care and the use of evidence-based guidelines, it is important to have an understanding of these findings related to otitis media. A review of research-supported literature regarding the diagnosis and management of this disease, and suggestions for the judicious use of antibiotics, are presented in this paper.

  12. [Human cloning: judicial and legislative framework].

    PubMed

    Shenfield, F

    2000-09-01

    The application, either theoretical or fantastical, of the somatic cloning which resulted in the birth of Dolly the sheep to human reproduction has led to international uproar. A paragraph specifically banning reproductive cloning (defined as "any intervention seeking to produce genetically identical human individuals in the sense of individuals sharing the same nuclear gene set") was added to the Council of Europe Convention on Human Rights and Biomedicine in January 1998. In several responses both at national and international level, reproductive cloning is banned either directly or indirectly. The challenge for the future is the consideration of integrating therapeutic cloning in legislations both nationally and in international declarations.

  13. [Human cloning: judicial and legislative framework].

    PubMed

    Shenfield, F

    2000-09-01

    The application, either theoretical or fantastical, of the somatic cloning which resulted in the birth of Dolly the sheep to human reproduction has led to international uproar. A paragraph specifically banning reproductive cloning (defined as "any intervention seeking to produce genetically identical human individuals in the sense of individuals sharing the same nuclear gene set") was added to the Council of Europe Convention on Human Rights and Biomedicine in January 1998. In several responses both at national and international level, reproductive cloning is banned either directly or indirectly. The challenge for the future is the consideration of integrating therapeutic cloning in legislations both nationally and in international declarations. PMID:11075502

  14. Judicial Attitude toward Legal Rights and AIDS.

    ERIC Educational Resources Information Center

    Stavis, Paul F.

    1989-01-01

    Caselaw that functions as law until statutes are enacted has been characteristic of legal issues surrounding the HIV (Human Immunodeficiency Virus) and AIDS (Acquired Immune Deficiency Syndrome) diseases. In most cases such caselaw has protected the civil rights of persons with HIV/AIDS under established law as well as the traditions of Western…

  15. Tobacco industry use of judicial seminars to influence rulings in products liability litigation

    PubMed Central

    Friedman, L C

    2006-01-01

    Objectives This paper examines the tobacco industry's efforts to influence litigation by sponsoring judicial seminars. Methods Thousands of internal tobacco documents were examined, including memos, reports, presentations, and newsletters. Connections to outside organisations were corroborated by examining tobacco industry financial records, budgets, and letters pledging funds. Facts about outside organisations were triangulated through examining their websites and publicly‐filed financial records, and verifying facts through their representatives' statements in newspaper and law review articles. Results There are direct financial ties between the tobacco industry and groups that organise judicial seminars in an effort to influence jurisprudence, and judges who attend these seminars may be breaching judicial ethics either by not inquiring about the source of funding or by ignoring funding by potential litigants. Conclusions The tobacco industry's attempts to clandestinely influence judges' decisions in cases to which they are a party endangers the integrity of the judiciary. PMID:16565460

  16. Assessing potential future environmental legislative, regulatory, and judicial events

    SciTech Connect

    Tonn, B.; Schweitzer, M.; Godfrey, G.; Wagner, C.; MacGregor, D.G.

    1998-03-01

    This report describes a methodology to proactively and methodically assess future potential environmental legislative, regulatory, and judicial events. This is an important endeavor because new, revised, and reauthorized legislation, proposed and final regulations, and outcomes of judicial proceedings have the potential to impose new actions, directions, and costs of many organizations in the United States (related to capital investments, operating approaches, and research and development) and to affect the quality of life. The electric power industry is particularly impacted by environmental regulatory events (the term `regulatory` is used to cover all the types of legal events listed above), as the generation, transmission, and distribution of electricity affects air and water quality, require disposal of solid, hazardous, and radioactive wastes, and at times, impacts wetlands and endangered species. Numerous potential regulatory events, such as the reauthorization of the Clean Water Act and new regulations associated with global climate change, can greatly affect the power industry. Organizations poised to respond proactively to such events will improve their competitive positions, reduce their costs in the long-term, and improve their public images.

  17. Limitations of cadaveric organ donation on judicial cases and problems confronted in autopsy: Istanbul data in comparative perspective.

    PubMed

    Arslan, M N; Esen Melez, I; Melez, D O; Cavlak, M; Gur, A

    2014-04-01

    Organ transplantation is one of the most important services of modern medicine to the humanity. In judicial death cases the interaction between judicial needs and transplantation needs is inevitable and both should be provided in a short time before the decomposition of the body. Thus, the description of this interaction and the algorithm which should be carried out to manage these cases are important. Aim of this study is to determine the problems confronted in forensic autopsies and to determine what to do for both judicial processes' and cadaveric organ donations' not becoming limited due to each other. With these aims, autopsy case archive of the Council of Forensic Medicine Istanbul Morgue Department was reviewed, between the years 2009 and 2011, to reveal the number of organ donors among autopsy cases and also to find out the judicial problems confronted during autopsies. Among 12,016 judicial death cases referred to Istanbul Morgue Department in 3 years, 35 cases were found to have undergone cadaveric solid organ harvesting procedure and 307 cases cornea-only harvesting procedure. Manner of deaths for organ donor cases were blunt trauma due to traffic accident in 20 cases, firearm injury in 3 cases, stabbing in 2 cases, suspicious criminal battery in 4 cases and fatal falls in 5 cases. Only 1 case was suspected to have died due to high dose insulin administration. Through the whole data presented in this study, it can be concluded that consulting with the Forensic Medicine Expert not only for the autopsies but also during the clinical process of a judicial case, who is a candidate to be an organ donor, is absolutely important. The early contribution of the Forensic Medicine Expert would provide help to plan both the judicial process and the transplantation process which needs urgent decisions. A Forensic Medicine Expert may be an organ harvest team member performing initial investigations on the cause of death and collecting some of the toxicological

  18. [Limits of pain treatment: medical and judicial aspects].

    PubMed

    Zenz, M; Rissing-van Saan, R

    2011-08-01

    Medical principles of pain treatment are generally in line with the judicial principles. To relieve pain is one of the fundamentals of medicine and this has also been acknowledged by the Federal Court in Germany. It is criminal bodily harm, when a physician denies a possible pain treatment. Whereas courts clearly see an obligation to basic and continuing education in pain diagnosis and therapy, pain is still not represented in the German licensing regulations for physicians. Only palliative medicine has been added to the obligatory curriculum. Very similar pain is not mandatory in many clinical disciplines leaving physicians without the needed knowledge to treat pain. The need for interdisciplinary treatment is not yet acknowledged sufficiently, although meanwhile chronic pain is regarded as a bio-psycho-social illness.Since 2009 the advance directive is regulated by law. However, still many physicians are unaware that not only the position of the patient but also of the relatives have been strengthened. In 2010 the Federal Court has pronounced a judgment allowing "passive euthanasia" in certain conditions but prohibiting any active handling even in line with the patient's will. This is also in line with the European Human Rights Convention. The judicial unpunished assisted suicide has provoked an ethical discussion within the medical profession. However, what is not illegal is not automatically accepted as ethical handling for physicians. Palliative medicine is at least one alternative in this discussion. PMID:21698434

  19. Brown's Legacy: The Promises and Pitfalls of Judicial Relief

    ERIC Educational Resources Information Center

    Merritt, Deborah Jones

    2005-01-01

    "Brown v. Board of Education" (1954) is one of the greatest achievements of the American judicial system. It decisively declared racial segregation in the schools unconstitutional, inaugurating the modern civil rights era. In addition to advancing equality, "Brown" initiated a new type of judicial decision making. After "Brown," courts…

  20. Peers and Plagiarism: The Role of Student Judicial Boards

    ERIC Educational Resources Information Center

    Whitaker, Elaine

    2007-01-01

    After reading Kathryn Valentine's article that talked about her interaction with a Chinese student accused of plagiarism, the author was reminded of the effectiveness of student judicial boards. In this article, the author describes the benefits of having a student judicial board in fighting off plagiarism among students. She relates that although…

  1. Restructuring of the jurisprudence course taught at the Canadian Memorial Chiropractic College

    PubMed Central

    Gleberzon, Brian J.

    2010-01-01

    Introduction: The process by which the jurisprudence course was restructured at the Canadian Memorial Chiropractic College is chronicled. Method: A Delphi process used to restructure the course is described, and the results of a student satisfaction survey are presented. Results: When asked “I think this material was clinically relevant,” over 81% of the 76 students who respondents strongly agreed or agreed with this statement; 100% of students agreed or strongly agreed that scope of practice; marketing, advertising and internal office promotion; record keeping; fee schedules; malpractice issues and; professional malpractice issues and negligence was clinically relevant. When asked “I think this material was taught well,” a minimum of 89% of students agreed or strongly agreed with this statement. Discussion: This is the first article published that described the process by which a jurisprudence course was developed and assessed by student survey. Summary: Based on a survey of student perceptions, restructuring of the jurisprudence course was successful in providing students with clinically relevant information in an appropriate manner. This course may serve as an important first step in development a ‘model curriculum’ for chiropractic practice and the law courses in terms of content, format and assessment strategies. PMID:20195427

  2. The Impact of Judicial Reform on Crime Victimization and Trust in Institutions in Mexico.

    PubMed

    Blanco, Luisa

    2016-01-01

    This article studies the impact of judicial reform in Mexico. It does so using a survey about crime victimization and perceptions of insecurity (Encuesta Nacional Sobre la Inseguridad [ENSI]) collected in 2005, 2008, and 2009 in 11 Mexican cities, 3 of which implemented the reform in 2007 and 2008. This analysis shows that judicial reform not only reduces victimization but also lowers perceptions of security. Although we find that judicial reform has a negative effect on trust in the local and federal police, judicial reform reduces the probability of being asked by the transit police for a bribe. PMID:26645670

  3. The Impact of Judicial Reform on Crime Victimization and Trust in Institutions in Mexico.

    PubMed

    Blanco, Luisa

    2016-01-01

    This article studies the impact of judicial reform in Mexico. It does so using a survey about crime victimization and perceptions of insecurity (Encuesta Nacional Sobre la Inseguridad [ENSI]) collected in 2005, 2008, and 2009 in 11 Mexican cities, 3 of which implemented the reform in 2007 and 2008. This analysis shows that judicial reform not only reduces victimization but also lowers perceptions of security. Although we find that judicial reform has a negative effect on trust in the local and federal police, judicial reform reduces the probability of being asked by the transit police for a bribe.

  4. Psychological expert witness testimony and judicial decision making trends.

    PubMed

    Shapiro, David L; Mixon, LeKisha; Jackson, Melissa; Shook, Jonathan

    2015-01-01

    Despite the establishment of the Daubert standard in 1993, the evidentiary criteria are rarely used as a basis for admissibility of expert witness testimony in the behavioral sciences. Ever since the promulgation of Frye and the Federal Rules of Evidence, controversy has surrounded the admissibility of expert testimony in courtrooms. There appears to be no existing uniform application of standards governing the admissibility of psychological expert witness testimony. Therefore, it is essential for the psycho-legal communities to explore judicial decision-making trends regarding psychological expert witness evidence. In this current research, psychological expert witness testimony and judicial decision-making will be explored. In preliminary examination, 97 criminal and civil case summaries from the LexisNexis Academic Database involved issues of admissibility. Analyses conducted by eight trained and paired coders revealed that reliability and assistance to the trier of fact were the most often cited reasons for admissibility in courts. Consistent with prior studies, it was also found that the most applied standards for admissibility of psychological evidence were the Federal Rules of Evidence. Interestingly, while the Daubert scientific criteria for admission of scientific testimony were mentioned, they were rarely utilized. A secondary analysis of 167 civil and criminal appellate cases indicated that the reliability of testimony (18% of all cases), ability to assist the trier of fact (17%), the expert witness' qualifications (17%), and the relevance of the testimony (16%) were the most commonly cited reasons for determining admissibility. A tertiary qualitative analysis focusing on these four categories then revealed eight major trends in admissibility of psychological expert evidence.

  5. Psychological expert witness testimony and judicial decision making trends.

    PubMed

    Shapiro, David L; Mixon, LeKisha; Jackson, Melissa; Shook, Jonathan

    2015-01-01

    Despite the establishment of the Daubert standard in 1993, the evidentiary criteria are rarely used as a basis for admissibility of expert witness testimony in the behavioral sciences. Ever since the promulgation of Frye and the Federal Rules of Evidence, controversy has surrounded the admissibility of expert testimony in courtrooms. There appears to be no existing uniform application of standards governing the admissibility of psychological expert witness testimony. Therefore, it is essential for the psycho-legal communities to explore judicial decision-making trends regarding psychological expert witness evidence. In this current research, psychological expert witness testimony and judicial decision-making will be explored. In preliminary examination, 97 criminal and civil case summaries from the LexisNexis Academic Database involved issues of admissibility. Analyses conducted by eight trained and paired coders revealed that reliability and assistance to the trier of fact were the most often cited reasons for admissibility in courts. Consistent with prior studies, it was also found that the most applied standards for admissibility of psychological evidence were the Federal Rules of Evidence. Interestingly, while the Daubert scientific criteria for admission of scientific testimony were mentioned, they were rarely utilized. A secondary analysis of 167 civil and criminal appellate cases indicated that the reliability of testimony (18% of all cases), ability to assist the trier of fact (17%), the expert witness' qualifications (17%), and the relevance of the testimony (16%) were the most commonly cited reasons for determining admissibility. A tertiary qualitative analysis focusing on these four categories then revealed eight major trends in admissibility of psychological expert evidence. PMID:26341310

  6. Neonaticide: an appropriate application for therapeutic jurisprudence?

    PubMed

    Schwartz, L L; Isser, N K

    2001-01-01

    Might therapeutic jurisprudence, a perspective that attempts to study interaction between the legal and mental health disciplines, be brought to bear effectively with respect to neonaticide, the murder of a newborn infant in the first 24 hours of its life? This is a crime that leads to sentencing that is now rarely therapeutic, rehabilitative, or corrective. An examination of the crime, its motives, and its perpetrators precedes a discussion of ways in which the mental health viewpoint in this matter might be brought to the active attention of the courts in order to promote sentencing that is appropriate to both the crime and the transgressor.

  7. 34 CFR 222.159 - When and where does a party seek judicial review?

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION IMPACT AID PROGRAMS Impact Aid Administrative Hearings and Judicial Review Under Section 8011 of the Act § 222.159 When and where does a party seek... administrative hearing proceeding under this subpart wishes to seek judicial review, the LEA or State...

  8. 8 CFR 310.4 - Judicial naturalization authority and withdrawal of petitions.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 8 Aliens and Nationality 1 2011-01-01 2011-01-01 false Judicial naturalization authority and... NATIONALITY REGULATIONS NATURALIZATION AUTHORITY § 310.4 Judicial naturalization authority and withdrawal of... a person unless a petition for naturalization with respect to that person was filed with...

  9. 8 CFR 310.4 - Judicial naturalization authority and withdrawal of petitions.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 8 Aliens and Nationality 1 2014-01-01 2014-01-01 false Judicial naturalization authority and... NATIONALITY REGULATIONS NATURALIZATION AUTHORITY § 310.4 Judicial naturalization authority and withdrawal of... a person unless a petition for naturalization with respect to that person was filed with...

  10. 8 CFR 310.4 - Judicial naturalization authority and withdrawal of petitions.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 8 Aliens and Nationality 1 2012-01-01 2012-01-01 false Judicial naturalization authority and... NATIONALITY REGULATIONS NATURALIZATION AUTHORITY § 310.4 Judicial naturalization authority and withdrawal of... a person unless a petition for naturalization with respect to that person was filed with...

  11. 8 CFR 310.4 - Judicial naturalization authority and withdrawal of petitions.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Judicial naturalization authority and... NATIONALITY REGULATIONS NATURALIZATION AUTHORITY § 310.4 Judicial naturalization authority and withdrawal of... a person unless a petition for naturalization with respect to that person was filed with...

  12. 8 CFR 310.4 - Judicial naturalization authority and withdrawal of petitions.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 8 Aliens and Nationality 1 2013-01-01 2013-01-01 false Judicial naturalization authority and... NATIONALITY REGULATIONS NATURALIZATION AUTHORITY § 310.4 Judicial naturalization authority and withdrawal of... a person unless a petition for naturalization with respect to that person was filed with...

  13. A Mere Footnote? "An American Dilemma" and Supreme Court School Desegregation Jurisprudence

    ERIC Educational Resources Information Center

    Crawford, Jon G.; O'Neill, Linda J.

    2011-01-01

    This article provides historical and legal context for recent U.S. Supreme Court school desegregation decisions. The Supreme Court's race-based and race-neutral arguments from "Brown" (1954) to "Parents Involved" (2007) are examined within their broader context. Policy implications and potential support for diversity goal arguments given the Obama…

  14. Student Disability Claims in the UK and USA: Does the Jurisprudence Converge?

    ERIC Educational Resources Information Center

    Davies, Mark; Lee, Barbara A.

    2008-01-01

    Laws in the UK and the USA protect college students with disabilities from discrimination. The laws of both nations are complex and require institutions of higher education to accommodate qualified students. This article examines the requirements of both nations' laws with respect to the kinds of inquiries that may be made of students with…

  15. Definition of life law and the situation with problems of China's life jurisprudence.

    PubMed

    Liu, Changqiu

    2008-12-01

    Life law is a new conception brought by the development of modern life science and biotechnology. There are many different ideas on the conception of life law in academy. The definition of life law should be footed on the domain of bioethics. Based on bioethics, life law is a group of legislations which are enacted or acknowledged by the state and implemented by the state compulsively with the goal of regulating all types of relations revolving the survival as well as terminal of human beings and some other creatures which play important roles in the maintenance of human's life and health. There are many problems in China's study on science of life law, which need paying special attention to by China's scholars.

  16. Medical jurisprudence in the local context.

    PubMed

    Rajah, K S

    1987-04-01

    Medical jurisprudence in the local context would require the examination of a wide area. This paper focuses on liability producing conduct arising from the providing of medical services, other than liability for criminal negligent conduct. It examines the circumstances in which the physician-patient relationship emerges, in medical jurisprudence as against practice by medical practitioners. Tort law is the dominant legal theory, and reference is made to some intentional and miscellaneous torts. Implied contracts creating the relationship are touched upon, besides the reference to vicarious liability. Insanity and diminished responsibility in the criminal law, particularly the issue of whether the status quo is satisfactory and reliance on medical reports for purposes of treatment under drug laws are examined. Where abortion is performed, the question whether the husband has any right to prevent his wife from having a lawful abortion is discussed in the local context. Some thoughts on the medical (therapy, education and research) Act 1972 are expressed in relation to the living body, the corpse and the parts of the human body. The patient's right to determination and information in the light of the above legislation is also discussed.

  17. Genetically Modified Foods at the Intersection of the Regulatory Landscape and Constitutional Jurisprudence.

    PubMed

    Ghoshray, Saby

    2015-01-01

    An ecosystem...[y] ou always intervene and change something in it, but there's no way of knowing what all the downstream effects will be or how it might affect the environment. We have such a miserably poor understanding of how the organism develops from its DNA that I would be surprised if we don't get one rude shock after another.

  18. Genetically Modified Foods at the Intersection of the Regulatory Landscape and Constitutional Jurisprudence.

    PubMed

    Ghoshray, Saby

    2015-01-01

    An ecosystem...[y] ou always intervene and change something in it, but there's no way of knowing what all the downstream effects will be or how it might affect the environment. We have such a miserably poor understanding of how the organism develops from its DNA that I would be surprised if we don't get one rude shock after another. PMID:26591816

  19. The response of Islamic jurisprudence to ectopic pregnancies, frozen embryo implantation and euthanasia.

    PubMed

    Ghanem, I

    1987-07-01

    The opinions of the Jurisconsult of Egypt on Islamic law regarding test tube fertilization, embryo transfer and abortion are explained. Test tube babies, if not derived from the husband's sperm, are by definition, "zina" or the result of illicit sexual intercourse. This type of quasi-adultery is punishable by mere disgracing, rather than lapidation, or stoning to death. Such children cannot inherit even from the mother. Possibly, a female child may marry the husband, to be legitimized in terms of inheritance. Under Islamic law, embryo transfer is illegal insofar as it involves artificial insemination of the donor by the husband; temporary maternity by the donor is a jural concept that has no place in Islamic family law. The egg of the donor, not the surrogate mother, places the issue in the thorny area of multiple suckling. There have been no pronouncements by Islamic legal experts on euthanasia or pregnancy by in vitro fertilization of orphaned embryos. Abortion law "ijhad" in Kuwait was amended in 1982 to permit abortion where either grievous bodily harm to the mother is imminent or it is proved that the baby will suffer incurable brain damage or severe mental retardation. The decision must be approved unanimously by 3 Muslim consultant physicians presided over by an obstetrician or gynecologist, parental consent is required, and the hospital must have an obstetric-gynecological wing. There is precedent in Islamic law for saving the life of the mother where there is a clear choice of allowing either the fetus or the mother to survive. Similarly in case of miscarriage or attempted miscarriage, damages for a fetus or stillborn are less than those paid for a live birth. Penalties for therapeutic abortion, for example after exposure to German measles, have been viewed as less serious before 120 days of gestation, when the Prophet indicated that the embryo is given a soul. These ethical interpretations are worth considering for Western jurists as a source of ideas

  20. Law as "Communicative Praxis": Toward a Rhetorical Jurisprudence.

    ERIC Educational Resources Information Center

    Klinger, Geoffrey D.

    1994-01-01

    Argues that the "analytic turn" in jurisprudence has undesirable consequences for both the theory and practice of law. Argues that a rhetorical view of the law sees law as an exercise in communicative praxis, reshaping the theoretical and practical contours of the law, changing patterns of communication, and opening discursive space both within…

  1. "The ladder of the law has no top and no bottom": how therapeutic jurisprudence can give life to international human rights.

    PubMed

    Perlin, Michael L

    2014-01-01

    In the past two decades, therapeutic jurisprudence (TJ) has become one of the most important theoretical approaches to the law. But, there has, as of yet, been puzzlingly little written about the relationship between TJ and international human rights law. To be sure, there has been some preliminary and exploratory work on the relationship between TJ and international law in general, but virtually nothing on its relationship to international human rights law in a mental disability law context. This paper seeks to focus on this lack of consideration, to speculate as to why that might be, and to offer some suggestions as to how to infuse some new vitality and vigor into this important area of law and social policy. In this article, first, I offer a brief explanation of TJ. Next, I discuss, also briefly, the impact (and the potential future greater impact) of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities (CRPD) on this area. Then, I consider the sparse commentary currently available on the intersection between TJ and international law in general, and will speculate as to why this is so sparse. Then, I offer some thoughts as to the TJ/international human rights law connection, looking specifically at three questions that require far more attention from this perspective (access to counsel, the use of state-sanctioned psychiatry as a tool of political oppression, and the potential redemptive power of the CRPD), and describe a research agenda that scholars might turn to in furtherance of the investigation of the relationships between therapeutic jurisprudence, international human rights law and mental disability law. I conclude by calling on scholars, activists, advocates and practitioners to begin to take this connection seriously in their future work.

  2. "The ladder of the law has no top and no bottom": how therapeutic jurisprudence can give life to international human rights.

    PubMed

    Perlin, Michael L

    2014-01-01

    In the past two decades, therapeutic jurisprudence (TJ) has become one of the most important theoretical approaches to the law. But, there has, as of yet, been puzzlingly little written about the relationship between TJ and international human rights law. To be sure, there has been some preliminary and exploratory work on the relationship between TJ and international law in general, but virtually nothing on its relationship to international human rights law in a mental disability law context. This paper seeks to focus on this lack of consideration, to speculate as to why that might be, and to offer some suggestions as to how to infuse some new vitality and vigor into this important area of law and social policy. In this article, first, I offer a brief explanation of TJ. Next, I discuss, also briefly, the impact (and the potential future greater impact) of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities (CRPD) on this area. Then, I consider the sparse commentary currently available on the intersection between TJ and international law in general, and will speculate as to why this is so sparse. Then, I offer some thoughts as to the TJ/international human rights law connection, looking specifically at three questions that require far more attention from this perspective (access to counsel, the use of state-sanctioned psychiatry as a tool of political oppression, and the potential redemptive power of the CRPD), and describe a research agenda that scholars might turn to in furtherance of the investigation of the relationships between therapeutic jurisprudence, international human rights law and mental disability law. I conclude by calling on scholars, activists, advocates and practitioners to begin to take this connection seriously in their future work. PMID:24780300

  3. 78 FR 49768 - Hearings of the Judicial Conference Advisory Committees on Rules of Bankruptcy and Civil Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-08-15

    ... From the Federal Register Online via the Government Publishing Office JUDICIAL CONFERENCE OF THE UNITED STATES Hearings of the Judicial Conference Advisory Committees on Rules of Bankruptcy and Civil Procedure AGENCY: Advisory Committees on Rules of Bankruptcy and Civil Procedure, Judicial Conference of...

  4. 42 CFR 478.46 - Departmental Appeals Board and judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... Departmental Appeals Board and judicial review. (a) The circumstances under which the DAB will review an ALJ hearing decision or dismissal are the same as those set forth at 20 CFR 404.970, (“Cases the...

  5. 42 CFR 478.46 - Departmental Appeals Board and judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... Departmental Appeals Board and judicial review. (a) The circumstances under which the DAB will review an ALJ hearing decision or dismissal are the same as those set forth at 20 CFR 404.970, (“Cases the...

  6. 42 CFR 478.46 - Departmental Appeals Board and judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... Departmental Appeals Board and judicial review. (a) The circumstances under which the DAB will review an ALJ hearing decision or dismissal are the same as those set forth at 20 CFR 404.970, (“Cases the...

  7. 42 CFR 478.46 - Departmental Appeals Board and judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... Departmental Appeals Board and judicial review. (a) The circumstances under which the DAB will review an ALJ hearing decision or dismissal are the same as those set forth at 20 CFR 404.970, (“Cases the...

  8. 42 CFR 478.46 - Departmental Appeals Board and judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... Departmental Appeals Board and judicial review. (a) The circumstances under which the DAB will review an ALJ hearing decision or dismissal are the same as those set forth at 20 CFR 404.970, (“Cases the...

  9. 76 FR 18144 - Committees on Administration & Management, Collaborative Governance, and Judicial Review

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-04-01

    ... Governance, and Judicial Review ACTION: Notice of public meetings. SUMMARY: Notice is hereby given of public... Collaborative Governance The Committee on Collaborative Governance will meet to discuss a draft...

  10. Outpatient commitment: a therapeutic jurisprudence analysis.

    PubMed

    Winick, Bruce J

    2003-01-01

    This article analyzes the legal and therapeutic jurisprudence considerations raised by outpatient commitment. Although older forms of outpatient commitment have both legal and therapeutic advantages, preventive outpatient commitment raises serious legal problems and potential antitherapeutic consequences that may outweigh its claimed therapeutic value. As a result, alternatives are proposed, including wider availability of community treatment and outreach and case management services, assertive community treatment, police and mental health court diversion programs, and creative uses of advanced directive instruments and behavioral contracting. Proposals also are made for how preventive outpatient commitment can be applied more therapeutically, including hearings that accord patients a sense of procedural justice and techniques designed to motivate individuals facing such hearings to agree to accept treatment voluntarily. PMID:16700139

  11. Judicial murder.

    PubMed

    Tamm, J M

    1992-01-01

    It is catastrophic when a judicial error results in the implementation of the death penalty. The western system of courts of appeal diminishes the risk of the condemnation of innocent persons but does not rule it out. Intrinsic influences of psychological effects are just as detrimental as preconceived notions as was the case, for instance, when Socrates' life ended unnaturally. This happened despite the fact that he was able to establish persuasively that the court had considered false evidence and had therefrom made unfair and untruthful deductions. This article uses the example in psychosomatic medicine of a member of a family who becomes aggressive because of envy and jealousy and this results in often tragic consequences for the 'victim' of his offensive behaviour. The principle is the same. The only solution is the intercession of an unbiased influence to work out the problem from a point of view that is unaffected by such turmoils which are often inherent in the system. If this is not done any organization or society can make deadly mistakes.

  12. 40 CFR 49.172 - Final permit issuance and administrative and judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 1 2011-07-01 2011-07-01 false Final permit issuance and administrative and judicial review. 49.172 Section 49.172 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GRANTS AND OTHER FEDERAL ASSISTANCE INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT General Federal Implementation Plan Provisions...

  13. 'People like that': realising the social model in mental capacity jurisprudence.

    PubMed

    Clough, B

    2015-01-01

    Through critical analysis of the law's traditional response to mental disorders in mental health and mental capacity law, it will be argued that a medicalised model of disability has been predominant, and still permeates jurisprudence in this area. It will be suggested that insights from the social model and relational understandings of rights can highlight the ways in which wider contextual and structural relations can impact upon the lived experience of mental impairment. Moreover, an understanding of the various dimensions of mental illness can help elucidate how the law can respond effectively to structural, institutional, and contextual factors in order to facilitate the enjoyment of purported rights and values. In light of this, it will further be argued that the lingering precedence given to a narrow, medical view of cognitive impairment is outmoded given the more richly textured understanding of cognitive impairments which has recently emerged. The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) has harnessed the insights from the social model of disability and the capabilities approach to justice, and will be presented as the legal articulation of such understandings. This article seeks to build upon these understandings of disability and social justice and argue for the need for a more responsive state and judiciary in addressing the concerns highlighted by the UNCRPD and embedding these into judicial discourse.

  14. Annual committee reports on significant legislative, judicial, and administrative developments in 1981: Environmental-Quality Committee

    SciTech Connect

    Not Available

    1982-01-01

    The committee found significant developments under the National Environmental Policy Act (NEPA). There were no amendments to NEPA, but there were new rules affecting DOE defense-related nuclear facilities. Judicial developments continued a deference to agency discretion in environmental impact statement issues and conflicts with other laws. The administration's budget cuts effectively disabled the Council on Environmental Quality (CEQ). The report also outlines significant legislative, judicial, and administrative developments for the Federal Insecticide, Fungicide, and Rodenticide Act, the Endangered Species Act, and the Toxic Substances Act. 188 references. (DCK)

  15. 21 CFR 514.235 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ..., FEEDS, AND RELATED PRODUCTS NEW ANIMAL DRUG APPLICATIONS Judicial Review § 514.235 Judicial review. (a... 21 Food and Drugs 6 2010-04-01 2010-04-01 false Judicial review. 514.235 Section 514.235 Food and... shall be included in the record certified by the Commissioner. (b) Judicial review of an...

  16. 28 CFR 13.7 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 28 Judicial Administration 1 2014-07-01 2014-07-01 false Judicial review. 13.7 Section 13.7 Judicial Administration DEPARTMENT OF JUSTICE ATOMIC WEAPONS AND SPECIAL NUCLEAR MATERIALS REWARDS REGULATIONS § 13.7 Judicial review. The decision of the Attorney General is final and conclusive and no...

  17. 28 CFR 13.7 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 28 Judicial Administration 1 2012-07-01 2012-07-01 false Judicial review. 13.7 Section 13.7 Judicial Administration DEPARTMENT OF JUSTICE ATOMIC WEAPONS AND SPECIAL NUCLEAR MATERIALS REWARDS REGULATIONS § 13.7 Judicial review. The decision of the Attorney General is final and conclusive and no...

  18. 28 CFR 13.7 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 28 Judicial Administration 1 2013-07-01 2013-07-01 false Judicial review. 13.7 Section 13.7 Judicial Administration DEPARTMENT OF JUSTICE ATOMIC WEAPONS AND SPECIAL NUCLEAR MATERIALS REWARDS REGULATIONS § 13.7 Judicial review. The decision of the Attorney General is final and conclusive and no...

  19. 28 CFR 13.7 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 1 2011-07-01 2011-07-01 false Judicial review. 13.7 Section 13.7 Judicial Administration DEPARTMENT OF JUSTICE ATOMIC WEAPONS AND SPECIAL NUCLEAR MATERIALS REWARDS REGULATIONS § 13.7 Judicial review. The decision of the Attorney General is final and conclusive and no...

  20. 21 CFR 16.120 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 21 Food and Drugs 1 2014-04-01 2014-04-01 false Judicial review. 16.120 Section 16.120 Food and... BEFORE THE FOOD AND DRUG ADMINISTRATION Judicial Review § 16.120 Judicial review. Section 10.45 governs the availability of judicial review concerning any regulatory action which is the subject of a...

  1. 28 CFR 13.7 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Judicial review. 13.7 Section 13.7 Judicial Administration DEPARTMENT OF JUSTICE ATOMIC WEAPONS AND SPECIAL NUCLEAR MATERIALS REWARDS REGULATIONS § 13.7 Judicial review. The decision of the Attorney General is final and conclusive and no...

  2. Court-Driven Reform and Equal Educational Opportunity: Centralization, Decentralization, and the Shifting Judicial Role

    ERIC Educational Resources Information Center

    Superfine, Benjamin Michael

    2010-01-01

    Judicial decisions focusing on equal educational opportunity involve significant issues of educational governance and often involve explicit questions about the extent to which authority to make educational decisions should be centralized or decentralized across various institutions and entities. This review aims at clarifying scholars'…

  3. 76 FR 54730 - Committees on Administration and Management, Collaborative Governance, Judicial Review, and...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-09-02

    ... Governance, Judicial Review, and Regulation ACTION: Notice of public meetings. SUMMARY: Notice is hereby..., from 2 to 5 p.m. Designated Federal Officer: Scott Rafferty. Committee on Collaborative Governance The Committee on Collaborative Governance will meet to consider two projects. The committee will...

  4. 42 CFR 423.1976 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 42 Public Health 3 2012-10-01 2012-10-01 false Judicial review. 423.1976 Section 423.1976 Public... review, and Judicial Review § 423.1976 Judicial review. (a) Review of ALJ's decision. The enrollee may request judicial review of an ALJ's decision if— (1) The MAC denied the enrollee's request for review;...

  5. 10 CFR 4.81 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 10 Energy 1 2012-01-01 2012-01-01 false Judicial review. 4.81 Section 4.81 Energy NUCLEAR... and Title IV of the Energy Reorganization Act of 1974 Judicial Review § 4.81 Judicial review. Action taken pursuant to section 602 of the Civil Rights Act of 1964 is subject to judicial review as...

  6. 28 CFR 71.42 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 28 Judicial Administration 2 2013-07-01 2013-07-01 false Judicial review. 71.42 Section 71.42....42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an... assessments under this part and specifies the procedures for such review....

  7. 28 CFR 71.42 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review. 71.42 Section 71.42....42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an... assessments under this part and specifies the procedures for such review....

  8. Roe v. Wade is constitutionally unprincipled and logically incoherent: a brief in support of judicial restraint.

    PubMed

    Gerard, J B

    1989-01-01

    This "amicus curiae" brief was submitted by the Center for Judicial Studies and 56 members of Congress. They were concerned that "Roe" expands powers that belong to Congress and the states into the realm of federal government. Part I of the brief dealt with Missouri's claim that the laws that were at issue in "Webster" were permitted under "Roe" and shouldn't have been made invalid by lower courts. Most of the brief was in Part II. The thrust of it was that "Roe" was not based on any principle and is incoherent internally; "Roe" said that a privacy right existed under the US constitution. However, "Roe" didn't define this right of personal privacy. "Roe" cited a "line of decisions" to prove this point. However, none of the cases that "Roe" cited pretended to be based on the "right to privacy." They dealt with other issues. "Botsford" was said to be the beginning of the constitutional privacy right. It dealt with a "common law rule of evidence," not a right that was in the constitution. Therefore, it did not define the privacy right. "The process by which "Roe" moved from privacy to abortion was unfounded by judicial fiat." "Roe" said that it was protected by "the compelling interest standard," but did not give a reason why this was so. In "Roe," the woman';s interest in getting an abortion was analyzed in medical terms. But when talking about the State's interest in protecting potential human life, medical considerations were not controlling. Part III of the brief asked that "Roe" be overturned because it said that "a privacy right to abortion" was "devoid of any linkage to the text or history of the constitution." "Roe" should be abandoned because its "inadequacies" are "basic".

  9. 77 FR 49828 - Hearings of the Judicial Conference Advisory Committees on Rules of Appellate, Bankruptcy, and...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-08-17

    ..., and Criminal Procedure, and the Federal Rules of Evidence AGENCY: Advisory Committees on Rules of Appellate, Bankruptcy, and Criminal Procedure, and the Federal Rules of Evidence; Judicial Conference of the... on Rules of Appellate, Bankruptcy, and Criminal Procedure, and Rules of Evidence have...

  10. Annual committee reports on significant legislative, judicial, and administrative developments in 1982: Environmental Quality Committee

    SciTech Connect

    Not Available

    1983-01-01

    Judicial developments during 1982 dominated activities involving the National Environmental Policy Act (NEPA), the Federal Insecticide, Fungicide and Rotenticide Act, and Marine Sanctuaries, with some changes in administrative procedures and no legislative developments. The Endangered Species Act was amended to expedite changes to the lists and to alter exemption and international trade requirements. Several lawsuits challenged review standards and litigation claims. 231 references. (DCK)

  11. 9 CFR 381.216 - Procedure for judicial seizure, condemnation, and disposition.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 9 Animals and Animal Products 2 2011-01-01 2011-01-01 false Procedure for judicial seizure, condemnation, and disposition. 381.216 Section 381.216 Animals and Animal Products FOOD SAFETY AND INSPECTION..., condemnation, and disposition. Any poultry or other article subject to seizure and condemnation under...

  12. 42 CFR 423.1990 - Expedited access to judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ..., MAC review, and Judicial Review § 423.1990 Expedited access to judicial review. (a) Process for... that the MAC does not have the authority to decide the question of law or regulation relevant to the... EAJR in place of an ALJ hearing or MAC review if the following conditions are met: (i) An IRE has...

  13. Landmarks in the Judicial Interpretation of Civil Rights in America.

    ERIC Educational Resources Information Center

    Abraham, Henry J.

    1990-01-01

    Discusses a faculty seminar on landmark cases in the judicial interpretation of civil rights in the United States. States that the seminar is designed as a faculty development project to enhance the teaching of the Bill of Rights. Identifies the nature of the judicial process. Includes seminar syllabus and suggested readings. (RW)

  14. Judicious Use of Journal Impact Factors and the Preservation of Our Fields of Study

    ERIC Educational Resources Information Center

    Cardinal, Bradley J.

    2013-01-01

    This article comments on the judicious use of journal impact factors. It aims to preserve our fields of study within the context of increased scholarly scrutiny and the hierarchical structures inherent in academia. It concludes by recommending actions for "JOPERD," other journals in the field, and the producers and evaluators of…

  15. Analysis of the Relationship between Neonaticide and Denial of Pregnancy Using Data from Judicial Files

    ERIC Educational Resources Information Center

    Vellut, Natacha; Cook, Jon M.; Tursz, Anne

    2012-01-01

    Objectives: Using judicial files on neonaticides, (1) to examine the frequency of the association between neonaticide and denial of pregnancy; (2) to assess the accuracy of the concept of denial of pregnancy; (3) to examine its usefulness in programs to prevent neonaticides. Methods: Quantitative and qualitative analyses of data collected from…

  16. Executive Regulations and Agency Interpretations: Binding Law or Mere Guidance? Developments in Federal Judicial Review.

    ERIC Educational Resources Information Center

    Langhauser, Derek P.

    2002-01-01

    Explains constitutional and statutory underpinnings of the Supreme Court's shift from broadly deferring to executive regulation to imposing a more critical inquiry. Discusses why some executive regulations are merely advisory and not "rules of law" that require either judicial deference or university compliance. Analyzes key Supreme Court cases…

  17. 30 CFR 903.775 - Administrative and judicial review of decisions.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 30 Mineral Resources 3 2011-07-01 2011-07-01 false Administrative and judicial review of decisions. 903.775 Section 903.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE...

  18. 30 CFR 903.775 - Administrative and judicial review of decisions.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Administrative and judicial review of decisions. 903.775 Section 903.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE...

  19. 30 CFR 903.775 - Administrative and judicial review of decisions.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 30 Mineral Resources 3 2014-07-01 2014-07-01 false Administrative and judicial review of decisions. 903.775 Section 903.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE...

  20. 30 CFR 903.775 - Administrative and judicial review of decisions.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 30 Mineral Resources 3 2013-07-01 2013-07-01 false Administrative and judicial review of decisions. 903.775 Section 903.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE...

  1. 30 CFR 903.775 - Administrative and judicial review of decisions.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 30 Mineral Resources 3 2012-07-01 2012-07-01 false Administrative and judicial review of decisions. 903.775 Section 903.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE...

  2. 26 CFR 301.6361-2 - Judicial and administrative proceedings; Federal representation of State interests.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... to judicial proceedings), and under title 28 of the United States Code (relating to the judiciary and... involving the constitution of such State is unaffected by any provision of this paragraph; however, the... in a case involving the validity of a qualified tax statute under the State......

  3. 42 CFR 457.203 - Administrative and judicial review of action on State plan material.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 42 Public Health 4 2010-10-01 2010-10-01 false Administrative and judicial review of action on State plan material. 457.203 Section 457.203 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES...; Deferral and Disallowance of Claims; Reduction of Federal Medical Payments § 457.203 Administrative...

  4. Fiscal Justice and Judicial Sovereignty: Plotting the Logic of a Slippery Slope.

    ERIC Educational Resources Information Center

    Strike, Kenneth A.

    1984-01-01

    This article takes a philosophical look at judicial concepts of fiscal equality as they apply to education. Ideas discussed include (1) the concept of basic education and how equal education applies; (2) differences in requirements of equality; and (3) educational outcomes used to judge equality. Comments by Stephen Arons are included. (DF)

  5. 39 CFR 966.8 - Authority and responsibilities of Hearing Official or Judicial Officer.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... attached to any evidence of record will rest within the sound discretion of the Hearing Official. The... 39 Postal Service 1 2014-07-01 2014-07-01 false Authority and responsibilities of Hearing Official... THE POSTAL SERVICE § 966.8 Authority and responsibilities of Hearing Official or Judicial Officer....

  6. 39 CFR 966.8 - Authority and responsibilities of Hearing Official or Judicial Officer.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... attached to any evidence of record will rest within the sound discretion of the Hearing Official. The... 39 Postal Service 1 2013-07-01 2013-07-01 false Authority and responsibilities of Hearing Official... THE POSTAL SERVICE § 966.8 Authority and responsibilities of Hearing Official or Judicial Officer....

  7. 29 CFR 101.14 - Judicial review of Board decision and order.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 29 Labor 2 2012-07-01 2012-07-01 false Judicial review of Board decision and order. 101.14 Section 101.14 Labor Regulations Relating to Labor NATIONAL LABOR RELATIONS BOARD STATEMENTS OF PROCEDURES Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases §...

  8. 29 CFR 101.14 - Judicial review of Board decision and order.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 29 Labor 2 2013-07-01 2013-07-01 false Judicial review of Board decision and order. 101.14 Section 101.14 Labor Regulations Relating to Labor NATIONAL LABOR RELATIONS BOARD STATEMENTS OF PROCEDURES Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases §...

  9. 29 CFR 101.14 - Judicial review of Board decision and order.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Judicial review of Board decision and order. 101.14 Section 101.14 Labor Regulations Relating to Labor NATIONAL LABOR RELATIONS BOARD STATEMENTS OF PROCEDURES Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases §...

  10. 29 CFR 101.14 - Judicial review of Board decision and order.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 29 Labor 2 2011-07-01 2011-07-01 false Judicial review of Board decision and order. 101.14 Section 101.14 Labor Regulations Relating to Labor NATIONAL LABOR RELATIONS BOARD STATEMENTS OF PROCEDURES Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases §...

  11. Broadcasting and the U.S. Court of Appeals: Telecommunication Policy by Judicial Decree?

    ERIC Educational Resources Information Center

    Garay, Ronald

    The Federal Communications Commission (FCC) is empowered with a delicate balance of executive, legislative, and judicial powers, putting the Commission in a vulnerable position whenever its decisions are reviewed. This paper takes the position that a "super-regulatory" title is unjustified when applied to the legally sanctioned role assumed by the…

  12. 32 CFR 1900.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 32 National Defense 6 2013-07-01 2013-07-01 false Notification of decision and right of judicial review. 1900.45 Section 1900.45 National Defense Other Regulations Relating to National Defense CENTRAL INTELLIGENCE AGENCY PUBLIC ACCESS TO CIA RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) Cia Action on...

  13. 32 CFR 1901.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Notification of decision and right of judicial review. 1901.45 Section 1901.45 National Defense Other Regulations Relating to National Defense CENTRAL INTELLIGENCE AGENCY PUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974 Action on Privacy Act Administrative...

  14. 32 CFR 1901.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 32 National Defense 6 2013-07-01 2013-07-01 false Notification of decision and right of judicial review. 1901.45 Section 1901.45 National Defense Other Regulations Relating to National Defense CENTRAL INTELLIGENCE AGENCY PUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974 Action on Privacy Act Administrative...

  15. 32 CFR 1901.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 32 National Defense 6 2014-07-01 2014-07-01 false Notification of decision and right of judicial review. 1901.45 Section 1901.45 National Defense Other Regulations Relating to National Defense CENTRAL INTELLIGENCE AGENCY PUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974 Action on Privacy Act Administrative...

  16. 32 CFR 1900.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 6 2011-07-01 2011-07-01 false Notification of decision and right of judicial review. 1900.45 Section 1900.45 National Defense Other Regulations Relating to National Defense CENTRAL INTELLIGENCE AGENCY PUBLIC ACCESS TO CIA RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) Cia Action on...

  17. 32 CFR 1901.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 32 National Defense 6 2012-07-01 2012-07-01 false Notification of decision and right of judicial review. 1901.45 Section 1901.45 National Defense Other Regulations Relating to National Defense CENTRAL INTELLIGENCE AGENCY PUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974 Action on Privacy Act Administrative...

  18. 32 CFR 1900.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 32 National Defense 6 2012-07-01 2012-07-01 false Notification of decision and right of judicial review. 1900.45 Section 1900.45 National Defense Other Regulations Relating to National Defense CENTRAL INTELLIGENCE AGENCY PUBLIC ACCESS TO CIA RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) Cia Action on...

  19. 32 CFR 1901.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 6 2011-07-01 2011-07-01 false Notification of decision and right of judicial review. 1901.45 Section 1901.45 National Defense Other Regulations Relating to National Defense CENTRAL INTELLIGENCE AGENCY PUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974 Action on Privacy Act Administrative...

  20. 32 CFR 1900.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 32 National Defense 6 2014-07-01 2014-07-01 false Notification of decision and right of judicial review. 1900.45 Section 1900.45 National Defense Other Regulations Relating to National Defense CENTRAL INTELLIGENCE AGENCY PUBLIC ACCESS TO CIA RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) Cia Action on...

  1. 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…

  2. 32 CFR 1900.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Notification of decision and right of judicial review. 1900.45 Section 1900.45 National Defense Other Regulations Relating to National Defense CENTRAL INTELLIGENCE AGENCY PUBLIC ACCESS TO CIA RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) Cia Action on...

  3. Access the Unified Health System actions and services from the perspective of judicialization1

    PubMed Central

    Ramos, Raquel de Souza; Gomes, Antonio Marcos Tosoli; de Oliveira, Denize Cristina; Marques, Sergio Corrêa; Spindola, Thelma; Nogueira, Virginia Paiva Figueiredo

    2016-01-01

    Objective: the judicialization of health is incorporated into the daily work of health institutions in Brazil through the court orders for access. In this study, the objective was to describe the contents of the social representations of access, through judicialization, for the health professionals. Method: qualitative study based on Social Representations Theory, involving 40 professionals, at a teaching hospital and at the center for the regulation of beds and procedures in Rio de Janeiro. Forty semistructured interviews were held, to which the thematic-categorical content analysis technique was applied. Results: the health professionals' attitude towards the reality the judicialization imposes is negative, but they acknowledge this resource as necessary in view of the public health crisis. Judicialization is considered a strategy to exercise citizenship that superimposes individual on collective law, increases social inequalities in access and compromises the efficacy of health policies. Conclusion: considering social representation as a determinant of practices, the representations that emerged can contribute to the change of the professionals' practices. Improvements in user care should be promoted, characterized as one of the main challenges to advance in universal access to health. PMID:27143542

  4. Survival after judicial hanging.

    PubMed

    Sabermoghaddam, Mohsen; Abad, Mohsen; Golmakani, Ebrahim; Mozaffari, Nasrollah

    2015-06-01

    Hanging is known not only as a common method of suicide but also as a capital punishment method in some countries. Although several cases have been reported to survive after the attempted suicidal/accidental hanging, to the extent of our knowledge, no modern case of survival after judicial hanging exists. We reported a case of an individual who revived after modern judicial hanging despite being declared dead. The case was admitted with poor clinical presentations and the Glasgow Coma Scale of 6/15. The victim received all the standard supportive intensive care and gained complete clinical recovery.

  5. Survival after judicial hanging.

    PubMed

    Sabermoghaddam, Mohsen; Abad, Mohsen; Golmakani, Ebrahim; Mozaffari, Nasrollah

    2015-06-01

    Hanging is known not only as a common method of suicide but also as a capital punishment method in some countries. Although several cases have been reported to survive after the attempted suicidal/accidental hanging, to the extent of our knowledge, no modern case of survival after judicial hanging exists. We reported a case of an individual who revived after modern judicial hanging despite being declared dead. The case was admitted with poor clinical presentations and the Glasgow Coma Scale of 6/15. The victim received all the standard supportive intensive care and gained complete clinical recovery. PMID:25747958

  6. 42 CFR 405.1877 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... excluded from coverage under section 1862 of the Act, and the regulations at 42 CFR part 411, is not.... (f) Service of process. Process must be served as described under 45 CFR part 4. (g) Remand by a... 42 Public Health 2 2014-10-01 2014-10-01 false Judicial review. 405.1877 Section 405.1877...

  7. Gender bias and judicial decisions of undue influence in testamentary challenges.

    PubMed

    Recupero, Patricia R; Christopher, Paul P; Strong, David R; Price, Marilyn; Harms, Samara E

    2015-03-01

    Allegations of undue influence constitute a common basis for contests of wills. Legal research from the 1990s suggests that gender bias factors significantly into judicial decision-making regarding alleged undue influence and testamentary intent. In this study, we sought to assess whether this bias is present today and to identify any factors that may be associated with it. Probate judges from several jurisdictions in the United States were asked to consider two hypothetical case vignettes drawn from actual published decisions. In our study, the gender of the testator played only a minor role in how judges weighed factors in the decision-making process and, overall, did not significantly influence opinions regarding the presence of undue influence. The specifics of the case and the gender of the judge emerged as the most consistent and robust potential influences on decision-making. Our results suggest that probate rulings involving undue influence are likely to represent a complex interaction of factors involving the testator's and judge's genders and the specifics of individual cases. The implications of these findings are discussed. PMID:25770281

  8. Gender bias and judicial decisions of undue influence in testamentary challenges.

    PubMed

    Recupero, Patricia R; Christopher, Paul P; Strong, David R; Price, Marilyn; Harms, Samara E

    2015-03-01

    Allegations of undue influence constitute a common basis for contests of wills. Legal research from the 1990s suggests that gender bias factors significantly into judicial decision-making regarding alleged undue influence and testamentary intent. In this study, we sought to assess whether this bias is present today and to identify any factors that may be associated with it. Probate judges from several jurisdictions in the United States were asked to consider two hypothetical case vignettes drawn from actual published decisions. In our study, the gender of the testator played only a minor role in how judges weighed factors in the decision-making process and, overall, did not significantly influence opinions regarding the presence of undue influence. The specifics of the case and the gender of the judge emerged as the most consistent and robust potential influences on decision-making. Our results suggest that probate rulings involving undue influence are likely to represent a complex interaction of factors involving the testator's and judge's genders and the specifics of individual cases. The implications of these findings are discussed.

  9. Chiropractic Name techniques in Canada: a continued look at demographic trends and their impact on issues of jurisprudence

    PubMed Central

    Gleberzon, Brain J

    2002-01-01

    In a previous article, the author reported on the recommendations gathered from student projects between 1996 and 1999 investigating their preferences for including certain chiropractic Name technique systems into the curriculum at the Canadian Memorial Chiropractic College (CMCC). These results were found to be congruent with the professional treatment technique used by Canadian chiropractors. This article reports on the data obtained during the 2000 and 2001 academic years, comparing these results to those previously gathered. In addition, because of the implementation of a new curriculum during this time period, there was unique opportunity to observe whether or not student perceptions differed between those students in the `old' curricular program, and those students in the `new' curricular program. The results gathered indicate that students in both curricular programs show an interest in learning Thompson Terminal Point, Activator Methods, Gonstead, and Active Release Therapy techniques in the core curriculum, as an elective, or during continuing educational programs provided by the college. Students continue to show less interest in learning CranioSacral Therapy, SacroOccipital Technique, Logan Basic, Applied Kinesiology and Chiropractic BioPhysics. Over time, student interest has moved away from Palmer HIO and other upper cervical techniques, and students show a declining interest in being offered instruction in either Network Spinal Analysis or Torque Release Techniques. Since these findings reflect the practice activities of Canadian chiropractors they may have implications not only towards pedagogical decision-making processes at CMCC, but they may also influence professional standards of care.

  10. Prioritization of strategies to approach the judicialization of health in Latin America and the Caribbean

    PubMed Central

    Pinzón-Flórez, Carlos Eduardo; Chapman, Evelina; Cubillos, Leonardo; Reveiz, Ludovic

    2016-01-01

    ABSTRACT OBJECTIVE To describe strategies that contribute to the comprehensive approach to the judicialization of health in countries of Latin America and the Caribbean. METHODS A search was structured to identify articles presenting strategies to approach the judicialization of health. A survey was designed, which included actors of the health system and judiciary sector. We prioritized the strategies qualified by more than the 50.0% of the participants as “very relevant”. Strategies were categorized according to: governance, provision of services, human resources, information systems, financing, and medical products. RESULTS We included 64 studies, which identified 50 strategies, related to the sub-functions and components of health systems. Of the 165 people who answered the survey, 80.0% were aged 35-64 years. The distribution of men and women was homogeneous. Half of the respondents were from Colombia (20.0%), Uruguay (16.9%), and Argentina (12.7%). We prioritized strategies that addressed aspects of generation of useful scientific evidence for decision making according to the health needs of the population, empowerment for the society, and creating spaces for discussion of measures of inclusion or exclusion of health technologies. The executive and judiciary decision makers prioritized questions that dealt with strategies that would ensure accountability. CONCLUSIONS The results of this study contribute to the identification of effective strategies to approach the phenomenon of judicialization of health, guaranteeing the right to health. PMID:27598786

  11. 45 CFR 1355.39 - Administrative and judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES THE ADMINISTRATION ON CHILDREN, YOUTH AND FAMILIES, FOSTER CARE MAINTENANCE PAYMENTS, ADOPTION ASSISTANCE, AND CHILD AND FAMILY SERVICES GENERAL... the Act: (a) May appeal, pursuant to 45 CFR part 16, the final determination and any...

  12. 45 CFR 1355.39 - Administrative and judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... FAMILIES, FOSTER CARE MAINTENANCE PAYMENTS, ADOPTION ASSISTANCE, AND CHILD AND FAMILY SERVICES GENERAL... section 471(a)(18) of the Act: (a) May appeal, pursuant to 45 CFR part 16, the final determination and...

  13. 45 CFR 1355.39 - Administrative and judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... FAMILIES, FOSTER CARE MAINTENANCE PAYMENTS, ADOPTION ASSISTANCE, AND CHILD AND FAMILY SERVICES GENERAL... section 471(a)(18) of the Act: (a) May appeal, pursuant to 45 CFR part 16, the final determination and...

  14. 45 CFR 1355.39 - Administrative and judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... FAMILIES, FOSTER CARE MAINTENANCE PAYMENTS, ADOPTION ASSISTANCE, AND CHILD AND FAMILY SERVICES GENERAL... section 471(a)(18) of the Act: (a) May appeal, pursuant to 45 CFR part 16, the final determination and...

  15. [Research with human embryo stem cells. Foundations and judicial limits].

    PubMed

    Eser, Albin; Koch, Hans-Georg

    2004-01-01

    Research with human embryos, and particularly, the use for scientific purposes of human embryonic stem cells has given raise to different sort of problems at the international level. One of the most strict regulation in this field, is this lecture Professors Albin Eser and Hans-Georg Koch analyse the german legal framework in relation with the use of embryos and human embryonic stem cells for scientific purposes.

  16. Recent opinions of the Council on Ethical and Judicial Affairs.

    PubMed

    The text is provided of three Council opinions that were adopted by the House of Delegates of the American Medical Association at its annual meeting in June 1986. "Referral of patients--disclosure of limitations" holds that, if a preferred provider organization or a health maintenance organization contract does not permit referral to a noncontracting specialist or facility when the physician believes that the patient's condition requires such services, the physician should so inform the patient. "Economic incentives and levels of care" emphasizes the obligation of the hospital medical staff to safeguard the quality of patient care while avoiding wasteful practices and unnecessary treatment. "Medical testimony" asserts that the physician has an ethical obligation to assist in the administration of justice, but that the medical witness must not become an advocate in the legal proceeding and must not accept payment that is contingent upon the outcome of litigation.

  17. Judicial, Legislative, and Administrative Trends Since Lau v. Nichols.

    ERIC Educational Resources Information Center

    Thomas, Stephen B.

    This tenth chapter of a book on school law discusses the "Lau v. Nichols" ruling which held that the San Francisco (California) Unified School District was denying non-English-speaking students the opportunity to obtain an education. Also covered are "Lau's" case law progeny, related federal statutes, and resulting administrative regulations. The…

  18. Judicial Transparency and Ethics Enhancement Act of 2013

    THOMAS, 113th Congress

    Sen. Grassley, Chuck [R-IA

    2013-03-14

    03/14/2013 Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1862-1863) (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

  19. [Antimicrobial resistance forever? Judicious and appropriate use of antibiotics].

    PubMed

    Cagliano, Stefano

    2015-06-01

    This article takes its cue from the original work of sir Alexander Fleming on penicillin, published in the first issue of Recenti Progressi in Medicina in 1946 and reproduced here on the occasion of the approaching 70-year anniversary of the journal. In 1928, at the time when penicillin was discovered, it could not be imagined that bacterial resistance to antibiotics would develop so rapidly: the introduction of every new class of antibiotics has been shortly followed by the emergence of new strains of bacteria resistant to that class. Bacterial resistance to antibiotic treatment is a huge concern. In this respect, an action plan against antimicrobial resistance has been devised in the United States that is targeted for a 50% reduction over the next five years.

  20. [Antimicrobial resistance forever? Judicious and appropriate use of antibiotics].

    PubMed

    Cagliano, Stefano

    2015-06-01

    This article takes its cue from the original work of sir Alexander Fleming on penicillin, published in the first issue of Recenti Progressi in Medicina in 1946 and reproduced here on the occasion of the approaching 70-year anniversary of the journal. In 1928, at the time when penicillin was discovered, it could not be imagined that bacterial resistance to antibiotics would develop so rapidly: the introduction of every new class of antibiotics has been shortly followed by the emergence of new strains of bacteria resistant to that class. Bacterial resistance to antibiotic treatment is a huge concern. In this respect, an action plan against antimicrobial resistance has been devised in the United States that is targeted for a 50% reduction over the next five years. PMID:26076416

  1. The persistence of low expectations in special education law viewed through the lens of therapeutic jurisprudence.

    PubMed

    Peterson, Richard

    2010-01-01

    For more than thirty-five years a paradigm of low expectations has infected efforts to educate children with disabilities and has been a persistent and stubborn obstacle to the successful implementation of the Individuals with Disabilities Education Act (IDEA), and its predecessor, the Education of All Handicapped Children Act (EAHCA). This dilemma raises questions addressed in this paper: What is meant by low expectations in the context of Special Education Law? What are the root causes of this phenomenon, and what makes it so resistant to change? How does it impede implementation of the IDEA? And lastly, in what ways does the paradigm of low expectations impact children with disabilities socially, emotionally, and psychologically? The primary purpose of this paper is to consider these questions, particularly the last, utilizing therapeutic jurisprudence (TJ), a theoretical lens through which the emotional and psychological impact of the law and its processes upon those who interact in its context may be viewed and analyzed.

  2. The persistence of low expectations in special education law viewed through the lens of therapeutic jurisprudence.

    PubMed

    Peterson, Richard

    2010-01-01

    For more than thirty-five years a paradigm of low expectations has infected efforts to educate children with disabilities and has been a persistent and stubborn obstacle to the successful implementation of the Individuals with Disabilities Education Act (IDEA), and its predecessor, the Education of All Handicapped Children Act (EAHCA). This dilemma raises questions addressed in this paper: What is meant by low expectations in the context of Special Education Law? What are the root causes of this phenomenon, and what makes it so resistant to change? How does it impede implementation of the IDEA? And lastly, in what ways does the paradigm of low expectations impact children with disabilities socially, emotionally, and psychologically? The primary purpose of this paper is to consider these questions, particularly the last, utilizing therapeutic jurisprudence (TJ), a theoretical lens through which the emotional and psychological impact of the law and its processes upon those who interact in its context may be viewed and analyzed. PMID:20923716

  3. 21 CFR 515.40 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 21 Food and Drugs 6 2010-04-01 2010-04-01 false Judicial review. 515.40 Section 515.40 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) ANIMAL DRUGS, FEEDS, AND RELATED PRODUCTS MEDICATED FEED MILL LICENSE Judicial Review § 515.40 Judicial review....

  4. 21 CFR 314.235 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 21 Food and Drugs 5 2013-04-01 2013-04-01 false Judicial review. 314.235 Section 314.235 Food and... Judicial review. (a) The Commissioner of Food and Drugs will certify the transcript and record. In any case... identical, related, or similar drug product under § 310.6 may seek judicial review of an order...

  5. 36 CFR 1150.104 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 36 Parks, Forests, and Public Property 3 2012-07-01 2012-07-01 false Judicial review. 1150.104 Section 1150.104 Parks, Forests, and Public Property ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE... Judicial review. Any complainant or participant in a proceeding may obtain judicial review of a final...

  6. 12 CFR 1203.28 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 12 Banks and Banking 9 2012-01-01 2012-01-01 false Judicial review. 1203.28 Section 1203.28 Banks... Procedures for Filing and Consideration of the Application for Award § 1203.28 Judicial review. Any party... of fees and expenses under this part may seek judicial review as provided in 5 U.S.C. 504(c)(2)....

  7. 21 CFR 17.51 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 21 Food and Drugs 1 2014-04-01 2014-04-01 false Judicial review. 17.51 Section 17.51 Food and... PENALTIES HEARINGS § 17.51 Judicial review. (a) The final decision of the Commissioner of Food and Drugs or... respondent may petition for judicial review under the statutes governing the matter involved. Although...

  8. 44 CFR 62.22 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 44 Emergency Management and Assistance 1 2013-10-01 2013-10-01 false Judicial review. 62.22 Section 62.22 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF... ADJUSTMENT OF CLAIMS Claims Adjustment, Claims Appeals, and Judicial Review § 62.22 Judicial review. (a)...

  9. 12 CFR 745.203 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 12 Banks and Banking 6 2011-01-01 2011-01-01 false Judicial review. 745.203 Section 745.203 Banks... AND APPENDIX Payment of Share Insurance and Appeals § 745.203 Judicial review. (a) For purposes of seeking judicial review of actions taken pursuant to this subpart, only a determination on appeal...

  10. 44 CFR 62.22 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 62.22 Section 62.22 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF... ADJUSTMENT OF CLAIMS Claims Adjustment, Claims Appeals, and Judicial Review § 62.22 Judicial review. (a)...

  11. 17 CFR 201.58 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Judicial review. 201.58 Section 201.58 Commodity and Securities Exchanges SECURITIES AND EXCHANGE COMMISSION RULES OF PRACTICE Regulations Pertaining to the Equal Access to Justice Act § 201.58 Judicial review. Judicial review of...

  12. 36 CFR 1150.104 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Judicial review. 1150.104 Section 1150.104 Parks, Forests, and Public Property ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE... Judicial review. Any complainant or participant in a proceeding may obtain judicial review of a final...

  13. 31 CFR 28.630 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Judicial review. 28.630 Section 28.630 Money and Finance: Treasury Office of the Secretary of the Treasury NONDISCRIMINATION ON THE BASIS... Judicial review. Action taken pursuant to 20 U.S.C. 1682 is subject to judicial review as provided in 20...

  14. 42 CFR 457.208 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 42 Public Health 4 2014-10-01 2014-10-01 false Judicial review. 457.208 Section 457.208 Public... Administration-Reviews and Audits; Withholding for Failure to Comply; Deferral and Disallowance of Claims; Reduction of Federal Medical Payments § 457.208 Judicial review. (a) Right to judicial review. Any...

  15. 5 CFR 185.142 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 5 Administrative Personnel 1 2011-01-01 2011-01-01 false Judicial review. 185.142 Section 185.142... § 185.142 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by... penalties and/or assessments under this part and specifies the procedures for such review....

  16. 31 CFR 28.630 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 28.630 Section 28.630 Money and Finance: Treasury Office of the Secretary of the Treasury NONDISCRIMINATION ON THE BASIS... Judicial review. Action taken pursuant to 20 U.S.C. 1682 is subject to judicial review as provided in 20...

  17. 17 CFR 148.29 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 17 Commodity and Securities Exchanges 1 2011-04-01 2011-04-01 false Judicial review. 148.29 Section 148.29 Commodity and Securities Exchanges COMMODITY FUTURES TRADING COMMISSION IMPLEMENTATION OF... for Considering Applications § 148.29 Judicial review. Judicial review of final Commission...

  18. 42 CFR 1003.127 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... CIVIL MONEY PENALTIES, ASSESSMENTS AND EXCLUSIONS § 1003.127 Judicial review. Section 1128A(e) of the Act authorizes judicial review of a penalty, assessment or exclusion that has become final. Judicial review may be sought by a respondent only with respect to a penalty, assessment or exclusion with...

  19. 44 CFR 295.43 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 44 Emergency Management and Assistance 1 2013-10-01 2013-10-01 false Judicial review. 295.43... Judicial review. As an alternative to arbitration, a Claimant dissatisfied with the outcome of an Administrative Appeal may seek judicial review of the decision by bringing a civil lawsuit against FEMA in...

  20. 42 CFR 1003.127 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 42 Public Health 5 2013-10-01 2013-10-01 false Judicial review. 1003.127 Section 1003.127 Public... CIVIL MONEY PENALTIES, ASSESSMENTS AND EXCLUSIONS § 1003.127 Judicial review. Section 1128A(e) of the Act authorizes judicial review of a penalty, assessment or exclusion that has become final....

  1. 40 CFR 27.42 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 40 Protection of Environment 1 2013-07-01 2013-07-01 false Judicial review. 27.42 Section 27.42... Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate... assessments under this part and specifies the procedures for such review....

  2. 31 CFR 6.16 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Judicial review. 6.16 Section 6.16... EQUAL ACCESS TO JUSTICE ACT Procedures for Considering Applications § 6.16 Judicial review. Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2)....

  3. 44 CFR 6.57 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 44 Emergency Management and Assistance 1 2013-10-01 2013-10-01 false Judicial review. 6.57 Section... SECURITY GENERAL IMPLEMENTATION OF THE PRIVACY ACT OF 1974 Requests To Amend Records § 6.57 Judicial review... requestor may seek judicial review of that determination. A civil action must be filed in the...

  4. 43 CFR 35.42 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 43 Public Lands: Interior 1 2012-10-01 2011-10-01 true Judicial review. 35.42 Section 35.42 Public... AND STATEMENTS § 35.42 Judicial review. Section 3805 of title 31, U.S. Code, authorizes judicial review by an appropriate U.S. District Court of a final decision of the Secretary imposing penalties...

  5. 7 CFR 11.13 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 7 Agriculture 1 2013-01-01 2013-01-01 false Judicial review. 11.13 Section 11.13 Agriculture... Procedures § 11.13 Judicial review. (a) A final determination of the Division shall be reviewable and... title 5, United States Code. (b) An appellant may not seek judicial review of any agency...

  6. 45 CFR 1703.601 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 45 Public Welfare 4 2013-10-01 2013-10-01 false Judicial review. 1703.601 Section 1703.601 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE GOVERNMENT IN THE SUNSHINE ACT Judicial Review § 1703.601 Judicial review. Any person...

  7. 45 CFR 79.42 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 45 Public Welfare 1 2012-10-01 2012-10-01 false Judicial review. 79.42 Section 79.42 Public....42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an... assessments under this part and specifies the procedures for such review....

  8. 31 CFR 92.18 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Judicial review. 92.18 Section 92.18... Words, Letters, Symbols, or Emblems of the United States Mint § 92.18 Judicial review. A Final Notice of Assessment issued under the procedures in this subpart may be subject to judicial review pursuant to 5...

  9. 50 CFR 296.15 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 50 Wildlife and Fisheries 11 2013-10-01 2013-10-01 false Judicial review. 296.15 Section 296.15..., DEPARTMENT OF COMMERCE CONTINENTAL SHELF FISHERMEN'S CONTINGENCY FUND § 296.15 Judicial review. Any claimant... determination, seek judicial review of the determination in the United States District Court for such...

  10. 10 CFR 1013.42 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 10 Energy 4 2014-01-01 2014-01-01 false Judicial review. 1013.42 Section 1013.42 Energy DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES § 1013.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate United...

  11. 44 CFR 7.15 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 44 Emergency Management and Assistance 1 2013-10-01 2013-10-01 false Judicial review. 7.15 Section...-Assisted Programs-General § 7.15 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act....

  12. 36 CFR 1211.630 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 36 Parks, Forests, and Public Property 3 2012-07-01 2012-07-01 false Judicial review. 1211.630... FINANCIAL ASSISTANCE Procedures § 1211.630 Judicial review. Action taken pursuant to 20 U.S.C. 1682 is subject to judicial review as provided in 20 U.S.C. 1683....

  13. 45 CFR 1203.11 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 45 Public Welfare 4 2013-10-01 2013-10-01 false Judicial review. 1203.11 Section 1203.11 Public Welfare Regulations Relating to Public Welfare (Continued) CORPORATION FOR NATIONAL AND COMMUNITY SERVICE... Judicial review. Action taken pursuant to section 602 of title VI is subject to judicial review as...

  14. 31 CFR 27.8 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Judicial review. 27.8 Section 27.8... OF DEPARTMENT OF THE TREASURY NAMES, SYMBOLS, ETC. § 27.8 Judicial review. A final Notice of Assessment issued under this party may be subject to judicial review pursuant to 5 U.S.C. 701 et seq....

  15. 42 CFR 430.38 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 42 Public Health 4 2014-10-01 2014-10-01 false Judicial review. 430.38 Section 430.38 Public...) MEDICAL ASSISTANCE PROGRAMS GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS Grants; Reviews and Audits... § 430.38 Judicial review. (a) Right to judicial review. Any State dissatisfied with the...

  16. 31 CFR 16.42 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Judicial review. 16.42 Section 16.42... FRAUD CIVIL REMEDIES ACT OF 1986 § 16.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of...

  17. 47 CFR 1.1529 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 47 Telecommunication 1 2012-10-01 2012-10-01 false Judicial review. 1.1529 Section 1.1529 Telecommunication FEDERAL COMMUNICATIONS COMMISSION GENERAL PRACTICE AND PROCEDURE Grants by Random Selection... Applications § 1.1529 Judicial review. Judicial review of final agency decisions on awards may be sought...

  18. 42 CFR 423.2136 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 42 Public Health 3 2012-10-01 2012-10-01 false Judicial review. 423.2136 Section 423.2136 Public... review, and Judicial Review § 423.2136 Judicial review. (a) General rule. To the extent authorized by... court review of a MAC decision if the amount in controversy meets the threshold requirement...

  19. 42 CFR 1003.127 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 42 Public Health 5 2014-10-01 2014-10-01 false Judicial review. 1003.127 Section 1003.127 Public... CIVIL MONEY PENALTIES, ASSESSMENTS AND EXCLUSIONS § 1003.127 Judicial review. Section 1128A(e) of the Act authorizes judicial review of a penalty, assessment or exclusion that has become final....

  20. 30 CFR 775.13 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 30 Mineral Resources 3 2014-07-01 2014-07-01 false Judicial review. 775.13 Section 775.13 Mineral... ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISIONS § 775.13 Judicial review. (a) General. Any applicant or any... authority for administrative review under § 775.11 of this chapter fails to act within applicable...

  1. 43 CFR 35.42 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 43 Public Lands: Interior 1 2013-10-01 2013-10-01 false Judicial review. 35.42 Section 35.42... CLAIMS AND STATEMENTS § 35.42 Judicial review. Section 3805 of title 31, U.S. Code, authorizes judicial review by an appropriate U.S. District Court of a final decision of the Secretary imposing penalties...

  2. 42 CFR 402.21 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 42 Public Health 2 2014-10-01 2014-10-01 false Judicial review. 402.21 Section 402.21 Public... PROVISIONS CIVIL MONEY PENALTIES, ASSESSMENTS, AND EXCLUSIONS General Provisions § 402.21 Judicial review. After exhausting all available administrative remedies, a respondent may seek judicial review of...

  3. 14 CFR 1250.110 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Judicial review. 1250.110 Section 1250.110... PROGRAMS OF NASA-EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 § 1250.110 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section...

  4. 30 CFR 775.13 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Judicial review. 775.13 Section 775.13 Mineral... ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISIONS § 775.13 Judicial review. (a) General. Any applicant or any... authority for administrative review under § 775.11 of this chapter fails to act within applicable...

  5. 42 CFR 423.1976 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 423.1976 Section 423.1976 Public...) MEDICARE PROGRAM VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT Reopening, ALJ Hearings, MAC review, and Judicial Review § 423.1976 Judicial review. (a) Review of ALJ's decision. The enrollee may request...

  6. 36 CFR 1211.630 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Judicial review. 1211.630... FINANCIAL ASSISTANCE Procedures § 1211.630 Judicial review. Action taken pursuant to 20 U.S.C. 1682 is subject to judicial review as provided in 20 U.S.C. 1683....

  7. 22 CFR 710.14 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 2 2011-04-01 2009-04-01 true Judicial review. 710.14 Section 710.14 Foreign... PROCEDURES OF POST-EMPLOYMENT RESTRICTIONS § 710.14 Judicial review. Any person found to have participated in... the regulations compiled at 44 FR 19987 and 19988, April 3, 1979) may seek judicial review of...

  8. 31 CFR 16.42 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 16.42 Section 16.42... FRAUD CIVIL REMEDIES ACT OF 1986 § 16.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of...

  9. 31 CFR 6.16 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 6.16 Section 6.16... EQUAL ACCESS TO JUSTICE ACT Procedures for Considering Applications § 6.16 Judicial review. Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2)....

  10. 33 CFR 140.30 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 33 Navigation and Navigable Waters 2 2011-07-01 2011-07-01 false Judicial review. 140.30 Section... CONTINENTAL SHELF ACTIVITIES GENERAL General § 140.30 Judicial review. (a) Nothing in this subchapter shall be construed to prevent any interested party from seeking judicial review as authorized by law. (b)...

  11. 14 CFR 1262.309 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Judicial review. 1262.309 Section 1262.309... PROCEEDINGS Procedures for Considering Applications § 1262.309 Judicial review. Judicial review of final... United States having jurisdiction to review the merits of the underlying decision of the agency...

  12. 14 CFR 1264.141 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Judicial review. 1264.141 Section 1264.141... PENALTIES ACT OF 1986 § 1264.141 Judicial review. Section 3805 of Title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of the authority...

  13. 12 CFR 747.905 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 12 Banks and Banking 6 2011-01-01 2011-01-01 false Judicial review. 747.905 Section 747.905 Banks... Pursuant to Section 212 of the Act § 747.905 Judicial review. (a) Failure to file an appeal within the... binding upon, the petitioner. (b) For purposes of seeking judicial review of actions taken pursuant...

  14. 44 CFR 295.43 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 295.43... Judicial review. As an alternative to arbitration, a Claimant dissatisfied with the outcome of an Administrative Appeal may seek judicial review of the decision by bringing a civil lawsuit against FEMA in...

  15. 44 CFR 6.57 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 6.57 Section... SECURITY GENERAL IMPLEMENTATION OF THE PRIVACY ACT OF 1974 Requests To Amend Records § 6.57 Judicial review... requestor may seek judicial review of that determination. A civil action must be filed in the...

  16. 31 CFR 27.8 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 27.8 Section 27.8... OF DEPARTMENT OF THE TREASURY NAMES, SYMBOLS, ETC. § 27.8 Judicial review. A final Notice of Assessment issued under this party may be subject to judicial review pursuant to 5 U.S.C. 701 et seq....

  17. 42 CFR 423.2136 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 423.2136 Section 423.2136 Public...) MEDICARE PROGRAM VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT Reopening, ALJ Hearings, MAC review, and Judicial Review § 423.2136 Judicial review. (a) General rule. To the extent authorized by sections...

  18. 33 CFR 140.30 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 33 Navigation and Navigable Waters 2 2010-07-01 2010-07-01 false Judicial review. 140.30 Section... CONTINENTAL SHELF ACTIVITIES GENERAL General § 140.30 Judicial review. (a) Nothing in this subchapter shall be construed to prevent any interested party from seeking judicial review as authorized by law. (b)...

  19. 31 CFR 92.18 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 92.18 Section 92.18... States Mint § 92.18 Judicial review. A Final Notice of Assessment issued under the procedures in this subpart may be subject to judicial review pursuant to 5 U.S.C. 701 et seq....

  20. 44 CFR 7.15 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 7.15 Section...-Assisted Programs-General § 7.15 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act....

  1. 50 CFR 296.15 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 50 Wildlife and Fisheries 9 2011-10-01 2011-10-01 false Judicial review. 296.15 Section 296.15..., DEPARTMENT OF COMMERCE CONTINENTAL SHELF FISHERMEN'S CONTINGENCY FUND § 296.15 Judicial review. Any claimant... determination, seek judicial review of the determination in the United States District Court for such...

  2. 20 CFR 422.210 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... controversy must be $2,000 or more. An institution or agency may obtain judical review of a decision by the... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Judicial review. 422.210 Section 422.210... Hearings and Appeals § 422.210 Judicial review. (a) General. A claimant may obtain judicial review of...

  3. 45 CFR 1703.601 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 45 Public Welfare 4 2010-10-01 2010-10-01 false Judicial review. 1703.601 Section 1703.601 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE GOVERNMENT IN THE SUNSHINE ACT Judicial Review § 1703.601 Judicial review. Any person...

  4. 39 CFR 952.26 - Judicial Officer.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Judicial Officer. 952.26 Section 952.26 Postal Service UNITED STATES POSTAL SERVICE PROCEDURES RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO FALSE REPRESENTATION AND LOTTERY ORDERS § 952.26 Judicial Officer. The Judicial Officer is authorized: (a) To act...

  5. 45 CFR 1703.601 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 45 Public Welfare 4 2011-10-01 2011-10-01 false Judicial review. 1703.601 Section 1703.601 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE GOVERNMENT IN THE SUNSHINE ACT Judicial Review § 1703.601 Judicial review. Any person...

  6. 45 CFR 1703.601 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 45 Public Welfare 4 2012-10-01 2012-10-01 false Judicial review. 1703.601 Section 1703.601 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE GOVERNMENT IN THE SUNSHINE ACT Judicial Review § 1703.601 Judicial review. Any person...

  7. 45 CFR 1703.601 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 45 Public Welfare 4 2014-10-01 2014-10-01 false Judicial review. 1703.601 Section 1703.601 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE GOVERNMENT IN THE SUNSHINE ACT Judicial Review § 1703.601 Judicial review. Any person...

  8. Conforming to the rule of law: when person and human being finally mean the same thing in Fourteenth Amendment jurisprudence.

    PubMed

    Lugosi, Charles I

    The Fourteenth Amendment was intended to protect people from discrimination and harm from other people. Racism is not the only thing people need protection from. As a constitutional principle, the Fourteenth Amendment is not confined to its historical origin and purpose, but is available now to protect all human beings, including all unborn human beings. The Supreme Court can define "person" to include all human beings, born and unborn. It simply chooses not to do so. Science, history and tradition establish that unborn humans are, from the time of conception, both persons and human beings, thus strongly supporting an interpretation that the unborn meet the definition of "person" under the Fourteenth Amendment. The legal test used to extend constitutional personhood to corporations, which are artificial "persons" under the law, is more than met by the unborn, demonstrating that the unborn deserve the status of constitutional personhood. There can be no "rule of law" if the Constitution continues to be interpreted to perpetuate a discriminatory legal system of separate and unequal for unborn human beings. Relying on the reasoning of the Supreme Court in Brown v. Board of Education, the Supreme Court may overrule Roe v. Wade solely on the grounds of equal protection. Such a result would not return the matter of abortion to the states. The Fourteenth Amendment, properly interpreted, would thereafter prohibit abortion in every state. PMID:17243379

  9. Conforming to the rule of law: when person and human being finally mean the same thing in Fourteenth Amendment jurisprudence.

    PubMed

    Lugosi, Charles I

    The Fourteenth Amendment was intended to protect people from discrimination and harm from other people. Racism is not the only thing people need protection from. As a constitutional principle, the Fourteenth Amendment is not confined to its historical origin and purpose, but is available now to protect all human beings, including all unborn human beings. The Supreme Court can define "person" to include all human beings, born and unborn. It simply chooses not to do so. Science, history and tradition establish that unborn humans are, from the time of conception, both persons and human beings, thus strongly supporting an interpretation that the unborn meet the definition of "person" under the Fourteenth Amendment. The legal test used to extend constitutional personhood to corporations, which are artificial "persons" under the law, is more than met by the unborn, demonstrating that the unborn deserve the status of constitutional personhood. There can be no "rule of law" if the Constitution continues to be interpreted to perpetuate a discriminatory legal system of separate and unequal for unborn human beings. Relying on the reasoning of the Supreme Court in Brown v. Board of Education, the Supreme Court may overrule Roe v. Wade solely on the grounds of equal protection. Such a result would not return the matter of abortion to the states. The Fourteenth Amendment, properly interpreted, would thereafter prohibit abortion in every state.

  10. The impact of eyewitness expert evidence and judicial instruction on juror ability to evaluate eyewitness testimony.

    PubMed

    Martire, Kristy A; Kemp, Richard I

    2009-06-01

    It has been argued that psychologists should provide expert evidence to help jurors discriminate between accurate and inaccurate eyewitness identifications. In this article we compare the effects of judicial instruction with expert evidence that is either congruent or incongruent with the ground truth, focusing on juror ability to evaluate "real" eyewitness evidence. In contrast to studies which have employed "fictional" eyewitness designs, we found no appreciable effect of either congruent or incongruent expert evidence on participant-juror sensitivity to eyewitness accuracy. We discuss the role of methodology on the inferences and conclusions that can be made regarding the impact of eyewitness expert evidence. PMID:18597165

  11. Judicial failure to thrive.

    PubMed

    Stern, H P; Casey, P H

    1984-06-01

    The case of a toddler who developed nonorganic failure to thrive during the course of a custody determination is reported. The child demonstrated physical, emotional, and developmental aspects of failure to thrive. These signs correlated with custody ordered by the judge, during which time the child's care was alternated between parents. The symptoms resolved when the child was in the hospital and when provided stable care by his grandmother. With the increasing frequency of divorce, failure to thrive resulting from judicial decisions will probably increase. Physicians should monitor these children carefully in order to prevent serious psychosocial complications. The judicial system should expedite custody decisions, availing itself of information in child development. PMID:6736261

  12. Cause of death in judicial hanging: a review and case study.

    PubMed

    Hellier, Catherine; Connolly, Robert

    2009-01-01

    The cause of death in judicial hanging is controversial and often attributed to 'hangman's fracture' of the second cervical vertebra. Research has shown that such fractures are the exception in judicial hangings and the cause of death can be attributed to a range of head and neck injuries, particularly compression or rupture of the vertebral and carotid arteries leading to cerebral ischaemia. The rapidity of loss of consciousness and death is highly dependent upon knot positioning and the length of drop which has varied through the history of hanging as a capital punishment in the UK. The skeletal remains of Mr. George Kelly, wrongfully hanged for murder at Walton prison, Liverpool (1950) were exhumed, examined and are reported on herein. The first cervical vertebra was found to be fractured but no 'hangman's fracture' of the axis--second cervical vertebra--was present. The hangman (Mr. Albert Pierrepoint) has been quoted as stating that the hanging of Mr Kelly took longer than 'it should have' (Dernley and Newman, 1989) but no skeletal evidence of death by strangulation was found by the authors. Unconsciousness, if not death, would probably have been rapid due to vertebral artery damage as a result of the observed neck fracture, although this cannot be concluded with absolute certainty.

  13. The psychiatrist's guide to right and wrong: judicial standards of wrongfulness since M'Naghten.

    PubMed

    Goldstein, R L; Rotter, M

    1988-01-01

    In insanity defense litigation, the precise legal definition of wrongfulness is often critically important. References in the M'Naghten Rules to the appropriate standard of wrongfulness were ambiguous, resulting in a divergence of judicial opinion as to whether wrongfulness means legal wrong, subjective moral wrong, or objective moral wrong. This article reviews and analyzes these three judicial standards of wrongfulness in the context of case law from jurisdictions that follow each of the respective standards. The evolution of knowledge of right and wrong tests of criminal responsibility is traced back to its philosophical roots. Most psychiatrists claim no expertise in matters of morality or law. The American Psychiatric Association would bar psychiatric expert testimony on the ultimate issue of insanity, on the grounds that there are "impermissible leaps in logic" when psychiatrists opine on the probable relationship between medical concepts and moral-legal constructs. Whether or not they testify on the ultimate issue, psychiatrists should ascertain the applicable standard of wrongfulness in order to properly relate their findings to the relevant legal criteria for insanity and thereby enhance the probative value of their testimony.

  14. 78 FR 45564 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-07-29

    ... From the Federal Register Online via the Government Publishing Office JUDICIAL CONFERENCE OF THE...: Judicial Conference of the United States Advisory Committee on Rules of Bankruptcy Procedure. ACTION: Notice of Open Meeting. SUMMARY: The Advisory Committee on Rules of Bankruptcy Procedure will hold a...

  15. [Is there still a future for the French "Perruche" jurisprudence?].

    PubMed

    Manaouil, C; Jardé, O

    2012-02-01

    Since March 1, 2010, French citizens have a new procedure for defending their rights: the Priority preliminary ruling on the issue of constitutionality (QPC). During a trial, any citizen may request that the Constitutional Council be seized if he/she considers that a provision of a law applicable is inconsistent with the Constitution. One of the first QPCs was released regarding the Perruche antijurisprudence provision. The decision of the Supreme Court (Cour de Cassation) on November 17, 2000 had granted the child Nicolas Perruche the right to financial compensation for the material costs related to his physical disability as a result of congenital rubella. In response, Article 1 of the law of March 4, 2002 was passed in order to prohibit the compensation of a child "solely because of his/her birth". Since this law was enacted, only the moral injury of the parents can be indemnified in a case like that of Nicolas Perruche. Over time, the application of this article of the law of March 4, 2002 has become the subject of a heated debate. In the QPC decision of June 11, 2010, the Constitutional Council found the "Perruche antijurisprudence" provision to be consistent with the Constitution, except for the transitional provisions. Thus, it is assumed that the "Perruche antijurisprudence" provision applies to all children born after the entry into force of the law, i.e., as of March 7, 2002. In addition, the Perruche jurisprudence prevails for all claims filed before March 7, 2002. The issue of the cases for which legal action was taken after March 7, 2002 for a child born before March 7, 2002 remains debated. The current debate is whether the implementation of the law of March 4, 2002 should be extended or not to instances subsequent to March 7, 2002 for births prior to that date. In the present state of jurisprudence, the Court of Appeals answers negatively and applies the Perruche jurisprudence to all children born before March 7, 2002, regardless of the date by which

  16. 28 CFR 9.4 - Petitions in judicial forfeiture cases.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 28 Judicial Administration 1 2012-07-01 2012-07-01 false Petitions in judicial forfeiture cases. 9.4 Section 9.4 Judicial Administration DEPARTMENT OF JUSTICE REGULATIONS GOVERNING THE REMISSION OR MITIGATION OF CIVIL AND CRIMINAL FORFEITURES § 9.4 Petitions in judicial forfeiture cases. (a) Notice of seizure. The notice of seizure and intent...

  17. 28 CFR 9.4 - Petitions in judicial forfeiture cases.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 1 2011-07-01 2011-07-01 false Petitions in judicial forfeiture cases. 9.4 Section 9.4 Judicial Administration DEPARTMENT OF JUSTICE REGULATIONS GOVERNING THE REMISSION OR MITIGATION OF CIVIL AND CRIMINAL FORFEITURES § 9.4 Petitions in judicial forfeiture cases. (a) Notice of seizure. The notice of seizure and intent...

  18. To amend title 38, United States Code, to improve the appeals process of the Department of Veterans Affairs and to establish a commission to study judicial review of the determination of veterans' benefits.

    THOMAS, 112th Congress

    Rep. Filner, Bob [D-CA-51

    2011-04-12

    06/06/2011 Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs. (All Actions) Tracker: This bill has the status Passed HouseHere are the steps for Status of Legislation:

  19. The impossible dialogue between psychiatry and the judicial system: a language problem.

    PubMed

    Zemishlany, Zvi; Melamed, Yuval

    2006-01-01

    The interface between psychiatry and law is complex and has the potential for gross misunderstanding. Each discipline has its own concerns with regard to the psychiatric patient, and there is a significant language gap between the two disciplines. The language of the medical discipline describes the patient's state on a continuum that ranges from extremely ill to completely healthy. The judicial language, on the other hand, is a binary language: the patient is either competent or incompetent, either dangerous or not dangerous. This article describes three potential areas for discourse in the Israeli context: involuntary hospitalization, criminal responsibility and legal representation of involuntarily hospitalized patients. The two systems can be complementary only if both sides make a serious effort to communicate and respect each other's principles and language.

  20. Heckler v. Chaney: judicial and administrative regulation of capital punishment by lethal injection.

    PubMed

    Stolls, M

    1985-01-01

    Capital punishment by lethal injection, which was expected to be the most safe and effective of available methods, can produce unusually cruel and inhuman death. In Heckler v. Chaney, inmates sentenced to death by lethal injection, as well as members of both the medical and legal communities, challenged the Food and Drug Administration's (FDA) refusal to regulate certain drugs used for capital punishment by lethal injection. By declining to review the FDA's nonenforcement decision, the Supreme Court also declined an opportunity to reevaluate its standard for determining cruel and unusual punishment, which upholds any method of execution that is no more unusually cruel than existing methods. This Comment examines the propriety of judicial and administrative regulation of capital punishment by lethal injection.

  1. Ethical issues involved in the growing AIDS crisis. Council on Ethical and Judicial Affairs.

    PubMed

    1988-03-01

    This report was filed by the AMA House of Delegates at its 1987 Interim Meeting. The Council on Ethical and Judicial Affairs states its beliefs that a physician should not refuse to treat a patient solely because the patient is HIV seropositive; that physicians must provide competent medical service with compassion and respect for human dignity; that physicians who are unable to provide the services required by AIDS patients should make referrals; that physicians should respect the privacy rights of AIDS and seropositive patients; that when a seropositive individual is endangering a third party, in the absence of statutory regulation, the physician should try to persuade the individual to cease doing so, notify the authorities if persuasion fails, and notify the endangered party if all else fails; and that a physician who has AIDS or is seropositive should not engage in any activity that creates a risk to patients.

  2. 40 CFR 22.4 - Powers and duties of the Environmental Appeals Board, Regional Judicial Officer and Presiding...

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... Regional Judicial Officer shall not have performed prosecutorial or investigative functions in connection... any functions of prosecution or investigation within the 2 years preceding the commencement of the..., and failing the production thereof without good cause being shown, draw adverse inferences...

  3. The Development of the Methodology of Judicial Behavior Research: A Historical Review and Critique of the Use and Teaching of Methods.

    ERIC Educational Resources Information Center

    Tate, C. Neal

    Methodologies and trends of judicial behavior research (the study of how and why court judges make decisions) are traced from the 1920s to the present. Arranged into five sections, the first two sections of the report identify principal points of social science research in general. A summary of methodology in judicial behavior research reveals…

  4. 45 CFR 800.504 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 45 Public Welfare 3 2014-10-01 2014-10-01 false Judicial review. 800.504 Section 800.504 Public... PROGRAM Appeals by Enrollees of Denials of Claims for Payment or Service § 800.504 Judicial review. (a) OPM's written decision under the external review process established under § 800.503(a)...

  5. 78 FR 52785 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-08-26

    ...: Judicial Conference of the United States Advisory Committee on Rules of Evidence. ACTION: Notice of Open Meeting. SUMMARY: The Advisory Committee on Rules of Evidence will hold a one- day meeting. The...

  6. 77 FR 72885 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-12-06

    ...: Judicial Conference of the United States Advisory Committee on Rules of Evidence. ACTION: Notice of open meeting. SUMMARY: The Advisory Committee on Rules of Evidence will hold a one- day meeting. The...

  7. Extraneous factors in judicial decisions.

    PubMed

    Danziger, Shai; Levav, Jonathan; Avnaim-Pesso, Liora

    2011-04-26

    Are judicial rulings based solely on laws and facts? Legal formalism holds that judges apply legal reasons to the facts of a case in a rational, mechanical, and deliberative manner. In contrast, legal realists argue that the rational application of legal reasons does not sufficiently explain the decisions of judges and that psychological, political, and social factors influence judicial rulings. We test the common caricature of realism that justice is "what the judge ate for breakfast" in sequential parole decisions made by experienced judges. We record the judges' two daily food breaks, which result in segmenting the deliberations of the day into three distinct "decision sessions." We find that the percentage of favorable rulings drops gradually from ≈ 65% to nearly zero within each decision session and returns abruptly to ≈ 65% after a break. Our findings suggest that judicial rulings can be swayed by extraneous variables that should have no bearing on legal decisions. PMID:21482790

  8. Extraneous factors in judicial decisions

    PubMed Central

    Danziger, Shai; Levav, Jonathan; Avnaim-Pesso, Liora

    2011-01-01

    Are judicial rulings based solely on laws and facts? Legal formalism holds that judges apply legal reasons to the facts of a case in a rational, mechanical, and deliberative manner. In contrast, legal realists argue that the rational application of legal reasons does not sufficiently explain the decisions of judges and that psychological, political, and social factors influence judicial rulings. We test the common caricature of realism that justice is “what the judge ate for breakfast” in sequential parole decisions made by experienced judges. We record the judges’ two daily food breaks, which result in segmenting the deliberations of the day into three distinct “decision sessions.” We find that the percentage of favorable rulings drops gradually from ≈65% to nearly zero within each decision session and returns abruptly to ≈65% after a break. Our findings suggest that judicial rulings can be swayed by extraneous variables that should have no bearing on legal decisions. PMID:21482790

  9. A comparative study of attitudes toward child sexual abuse among social work and judicial system professionals.

    PubMed

    Saunders, E J

    1988-01-01

    To meet the needs of mutual clients, perpetrators and victims, social service and judicial system professionals share an obligation to collaborate in cases of child sexual abuse. Unknown is the extent to which individuals in counter professions share common beliefs about perpetrators and victims of child sexual abuse. This paper reports an inquiry into the attitudes of five professional groups within an urban criminal justice system specific to victim credibility, victim culpability, offender culpability, and the crime and punishment of child sexual abuse. As predicted, statistically significant differences in attitudes were found among child welfare social workers, police officers, district attorneys, public defenders, and judges. In particular, groups differed in their beliefs about victim credibility and punishment of offenders, suggesting conflict in addressing two fundamental questions in these cases: (1) Can a child be believed when he or she reports sexual abuse? and (2) How should the system deal with offenders? Both questions beg the continuing attention of all professionals invested in these cases, ultimately benefiting victims and offenders. Both quantitative and qualitative findings are provided in this report.

  10. 21 CFR 17.51 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 21 Food and Drugs 1 2012-04-01 2012-04-01 false Judicial review. 17.51 Section 17.51 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL CIVIL MONEY PENALTIES HEARINGS § 17.51 Judicial review. (a) The final decision of the Commissioner of Food and Drugs...

  11. 17 CFR 200.64 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Judicial review. 200.64... AND ETHICS; AND INFORMATION AND REQUESTS Canons of Ethics § 200.64 Judicial review. The Congress has provided for review by the courts of the decisions and orders by this Commission. Members should...

  12. 12 CFR 308.541 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 12 Banks and Banking 5 2013-01-01 2013-01-01 false Judicial review. 308.541 Section 308.541 Banks and Banking FEDERAL DEPOSIT INSURANCE CORPORATION PROCEDURE AND RULES OF PRACTICE RULES OF PRACTICE AND PROCEDURE Program Fraud Civil Remedies and Procedures § 308.541 Judicial review. Section 3805...

  13. 12 CFR 308.541 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 12 Banks and Banking 5 2014-01-01 2014-01-01 false Judicial review. 308.541 Section 308.541 Banks and Banking FEDERAL DEPOSIT INSURANCE CORPORATION PROCEDURE AND RULES OF PRACTICE RULES OF PRACTICE AND PROCEDURE Program Fraud Civil Remedies and Procedures § 308.541 Judicial review. Section 3805...

  14. 12 CFR 308.541 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 12 Banks and Banking 5 2012-01-01 2012-01-01 false Judicial review. 308.541 Section 308.541 Banks and Banking FEDERAL DEPOSIT INSURANCE CORPORATION PROCEDURE AND RULES OF PRACTICE RULES OF PRACTICE AND PROCEDURE Program Fraud Civil Remedies and Procedures § 308.541 Judicial review. Section 3805...

  15. 12 CFR 308.541 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 12 Banks and Banking 4 2011-01-01 2011-01-01 false Judicial review. 308.541 Section 308.541 Banks and Banking FEDERAL DEPOSIT INSURANCE CORPORATION PROCEDURE AND RULES OF PRACTICE RULES OF PRACTICE AND PROCEDURE Program Fraud Civil Remedies and Procedures § 308.541 Judicial review. Section 3805...

  16. 12 CFR 308.541 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Judicial review. 308.541 Section 308.541 Banks and Banking FEDERAL DEPOSIT INSURANCE CORPORATION PROCEDURE AND RULES OF PRACTICE RULES OF PRACTICE AND PROCEDURE Program Fraud Civil Remedies and Procedures § 308.541 Judicial review. Section 3805...

  17. 36 CFR 218.14 - Judicial proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... Authorized by the Healthy Forests Restoration Act of 2003 § 218.14 Judicial proceedings. The objection... present a full and fair opportunity for concerns to be raised and considered on a project-by-project basis... judicial review of an authorized hazardous fuel reduction project is premature and inappropriate unless...

  18. 36 CFR 218.14 - Judicial proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... Authorized by the Healthy Forests Restoration Act of 2003 § 218.14 Judicial proceedings. The objection... present a full and fair opportunity for concerns to be raised and considered on a project-by-project basis... judicial review of an authorized hazardous fuel reduction project is premature and inappropriate unless...

  19. 36 CFR 218.14 - Judicial proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... Authorized by the Healthy Forests Restoration Act of 2003 § 218.14 Judicial proceedings. The objection... present a full and fair opportunity for concerns to be raised and considered on a project-by-project basis... judicial review of an authorized hazardous fuel reduction project is premature and inappropriate unless...

  20. 31 CFR 29.406 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Judicial review. 29.406 Section 29.406 Money and Finance: Treasury Office of the Secretary of the Treasury FEDERAL BENEFIT PAYMENTS UNDER CERTAIN DISTRICT OF COLUMBIA RETIREMENT PROGRAMS Claims and Appeals Procedures § 29.406 Judicial...

  1. 14 CFR 17.43 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 14 Aeronautics and Space 1 2012-01-01 2012-01-01 false Judicial review. 17.43 Section 17.43... PROCEDURES FOR PROTESTS AND CONTRACT DISPUTES Finality and Review § 17.43 Judicial review. (a) A protester or contractor may seek review of a final FAA order, pursuant to 49 U.S.C. 46110, only after the...

  2. 12 CFR 625.28 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 12 Banks and Banking 6 2011-01-01 2011-01-01 false Judicial review. 625.28 Section 625.28 Banks and Banking FARM CREDIT ADMINISTRATION FARM CREDIT SYSTEM APPLICATION FOR AWARD OF FEES AND OTHER... review. Judicial review of final FCA decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2)....

  3. 31 CFR 29.406 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 29.406 Section 29.406 Money and Finance: Treasury Office of the Secretary of the Treasury FEDERAL BENEFIT PAYMENTS UNDER CERTAIN DISTRICT OF COLUMBIA RETIREMENT PROGRAMS Claims and Appeals Procedures § 29.406 Judicial...

  4. 32 CFR 300.10 - Judicial actions.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... INFORMATION ACT PROGRAM DEFENSE LOGISTICS AGENCY FREEDOM OF INFORMATION ACT PROGRAM FOIA Request Processing § 300.10 Judicial actions. DLA adopts the DoD FOIA Program regulations codified at 32 CFR part...

  5. 38 CFR 42.42 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 2 2011-07-01 2011-07-01 false Judicial review. 42.42 Section 42.42 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT § 42.42 Judicial review. Section 3805 of title 31...

  6. 42 CFR 405.1136 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 42 Public Health 2 2014-10-01 2014-10-01 false Judicial review. 405.1136 Section 405.1136 Public... Appeals Under Original Medicare (Part A and Part B) Medicare Appeals Council Review § 405.1136 Judicial review. (a) General rules. (1) To the extent authorized by sections 1869, 1876(c)(5)(B), and 1879(d)...

  7. 20 CFR 320.45 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 20 Employees' Benefits 1 2012-04-01 2012-04-01 false Judicial review. 320.45 Section 320.45... INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH DETERMINATIONS § 320.45 Judicial review. Upon being notified of a decision of the Board made (a) upon review,...

  8. 20 CFR 320.45 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 20 Employees' Benefits 1 2013-04-01 2012-04-01 true Judicial review. 320.45 Section 320.45... INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH DETERMINATIONS § 320.45 Judicial review. Upon being notified of a decision of the Board made (a) upon review,...

  9. 31 CFR 29.515 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Judicial review. 29.515 Section 29.515 Money and Finance: Treasury Office of the Secretary of the Treasury FEDERAL BENEFIT PAYMENTS UNDER... Overpayments § 29.515 Judicial review. An individual whose request for reconsideration has been denied...

  10. 22 CFR 1101.15 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 2 2011-04-01 2009-04-01 true Judicial review. 1101.15 Section 1101.15 Foreign Relations INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, UNITED STATES SECTION PRIVACY ACT OF 1974 § 1101.15 Judicial review. After having exhausted all administrative remedies...

  11. 20 CFR 320.45 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 20 Employees' Benefits 1 2011-04-01 2011-04-01 false Judicial review. 320.45 Section 320.45... INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH DETERMINATIONS § 320.45 Judicial review. Upon being notified of a decision of the Board made (a) upon review,...

  12. 31 CFR 29.515 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 29.515 Section 29.515 Money and Finance: Treasury Office of the Secretary of the Treasury FEDERAL BENEFIT PAYMENTS UNDER... Overpayments § 29.515 Judicial review. An individual whose request for reconsideration has been denied...

  13. 20 CFR 498.127 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 20 Employees' Benefits 2 2011-04-01 2011-04-01 false Judicial review. 498.127 Section 498.127 Employees' Benefits SOCIAL SECURITY ADMINISTRATION CIVIL MONETARY PENALTIES, ASSESSMENTS AND RECOMMENDED EXCLUSIONS § 498.127 Judicial review. Sections 1129 and 1140 of the Social Security Act authorize...

  14. 20 CFR 498.127 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 20 Employees' Benefits 2 2014-04-01 2014-04-01 false Judicial review. 498.127 Section 498.127 Employees' Benefits SOCIAL SECURITY ADMINISTRATION CIVIL MONETARY PENALTIES, ASSESSMENTS AND RECOMMENDED EXCLUSIONS § 498.127 Judicial review. Sections 1129 and 1140 of the Social Security Act authorize...

  15. 20 CFR 498.127 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 20 Employees' Benefits 2 2012-04-01 2012-04-01 false Judicial review. 498.127 Section 498.127 Employees' Benefits SOCIAL SECURITY ADMINISTRATION CIVIL MONETARY PENALTIES, ASSESSMENTS AND RECOMMENDED EXCLUSIONS § 498.127 Judicial review. Sections 1129 and 1140 of the Social Security Act authorize...

  16. 20 CFR 498.127 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 20 Employees' Benefits 2 2013-04-01 2013-04-01 false Judicial review. 498.127 Section 498.127 Employees' Benefits SOCIAL SECURITY ADMINISTRATION CIVIL MONETARY PENALTIES, ASSESSMENTS AND RECOMMENDED EXCLUSIONS § 498.127 Judicial review. Sections 1129 and 1140 of the Social Security Act authorize...

  17. 22 CFR 1101.15 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Judicial review. 1101.15 Section 1101.15 Foreign Relations INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, UNITED STATES SECTION PRIVACY ACT OF 1974 § 1101.15 Judicial review. After having exhausted all administrative remedies...

  18. Decree No. 2272 of 7 October 1989 organizing family jurisdiction, creating judicial bodies, and setting forth other matters.

    PubMed

    1989-01-01

    This Decree establishes a family law judicial framework within the court system of Colombia. It creates family law sections in superior courts to deal with appeals and denominates certain lower court judges as family judges to deal with civil and penal family law issues. It also gives the Colombian Institute of Welfare the responsibility for approving settlements between spouses, parents, and other family members when there is no judicial case in progress. Such settlements may deal with the following issues: 1) provisional determination of separate residences; 2) pledges of spousal conduct; 3) spousal support when there are minor children; 4) custody, care, and support of children, parents, and grandparents; and 5) the regulation of visits, nursing, education, and protection of minors. PMID:12344536

  19. 77 FR 72885 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-12-06

    ...: Judicial Conference of the United States Advisory Committee on Rules of Criminal Procedure. ACTION: Notice of open meeting. SUMMARY: The Advisory Committee on Rules of Criminal Procedure will hold a two-day.... Time: 8:30 a.m. to 5:00 p.m. ADDRESSES: Duke University School of Law, 210 Science Drive, Durham,...

  20. 45 CFR 80.11 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... THE CIVIL RIGHTS ACT OF 1964 § 80.11 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. (Sec. 603, 78 Stat. 253, (42 U.S... Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION NONDISCRIMINATION UNDER...

  1. 29 CFR 785.7 - Judicial construction.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 29 Labor 3 2014-07-01 2014-07-01 false Judicial construction. 785.7 Section 785.7 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR STATEMENTS OF GENERAL... Hours Worked § 785.7 Judicial construction. The United States Supreme Court originally stated...

  2. 16 CFR 5.68 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Judicial review. 5.68 Section 5.68 Commercial Practices FEDERAL TRADE COMMISSION ORGANIZATION, PROCEDURES AND RULES OF PRACTICE STANDARDS OF CONDUCT Disciplinary Actions Concerning Postemployment Conflict of Interest § 5.68 Judicial review....

  3. 29 CFR 785.7 - Judicial construction.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Judicial construction. 785.7 Section 785.7 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR STATEMENTS OF GENERAL... Hours Worked § 785.7 Judicial construction. The United States Supreme Court originally stated...

  4. 8 CFR 310.5 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... and Nationality DEPARTMENT OF HOMELAND SECURITY NATIONALITY REGULATIONS NATURALIZATION AUTHORITY § 310.5 Judicial review. (a) After 120 days following examination. An applicant for naturalization may seek judicial review of a pending application for naturalization in those instances where the...

  5. 8 CFR 310.5 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... and Nationality DEPARTMENT OF HOMELAND SECURITY NATIONALITY REGULATIONS NATURALIZATION AUTHORITY § 310.5 Judicial review. (a) After 120 days following examination. An applicant for naturalization may seek judicial review of a pending application for naturalization in those instances where the...

  6. 8 CFR 310.5 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... and Nationality DEPARTMENT OF HOMELAND SECURITY NATIONALITY REGULATIONS NATURALIZATION AUTHORITY § 310.5 Judicial review. (a) After 120 days following examination. An applicant for naturalization may seek judicial review of a pending application for naturalization in those instances where the...

  7. 8 CFR 310.5 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... and Nationality DEPARTMENT OF HOMELAND SECURITY NATIONALITY REGULATIONS NATURALIZATION AUTHORITY § 310.5 Judicial review. (a) After 120 days following examination. An applicant for naturalization may seek judicial review of a pending application for naturalization in those instances where the...

  8. 8 CFR 310.5 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... and Nationality DEPARTMENT OF HOMELAND SECURITY NATIONALITY REGULATIONS NATURALIZATION AUTHORITY § 310.5 Judicial review. (a) After 120 days following examination. An applicant for naturalization may seek judicial review of a pending application for naturalization in those instances where the...

  9. 22 CFR 1502.10 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Judicial review. 1502.10 Section 1502.10 Foreign Relations AFRICAN DEVELOPMENT FOUNDATION AVAILABILITY OF RECORDS § 1502.10 Judicial review. On complaint... Columbia, has jurisdiction to enjoin the Foundation from withholding Foundation records, and to order...

  10. The Bicentennial of the Federal Judicial System.

    ERIC Educational Resources Information Center

    Burger, Warren E.

    1990-01-01

    Delineates the federal judiciary system's creation and evolution. Describes original judicial legislation, illustrating the judicial pyramid: district courts at the base, followed by federal circuit courts, with the Supreme Court at the apex. Identifies first Supreme Court justices. Observes that John Marshall's 34 years as Chief Justice firmly…

  11. 29 CFR 24.112 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 29 Labor 1 2014-07-01 2013-07-01 true Judicial review. 24.112 Section 24.112 Labor Office of the... Miscellaneous Provisions § 24.112 Judicial review. (a) Except as provided under subsections (b), (c), and (d) of....110, any person adversely affected or aggrieved by the order may file a petition for review of...

  12. 45 CFR 150.459 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 45 Public Welfare 1 2012-10-01 2012-10-01 false Judicial review. 150.459 Section 150.459 Public... ENFORCEMENT IN GROUP AND INDIVIDUAL INSURANCE MARKETS Administrative Hearings § 150.459 Judicial review. (a) Filing of an action for review. Any responsible entity against whom a final order imposing a civil...

  13. 45 CFR 201.7 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 45 Public Welfare 2 2014-10-01 2012-10-01 true Judicial review. 201.7 Section 201.7 Public Welfare... PROGRAMS Approval of State Plans and Certification of Grants § 201.7 Judicial review. Any State... which such State is located a petition for review of such determination. After a copy of the petition...

  14. 34 CFR 303.236 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 34 Education 2 2013-07-01 2013-07-01 false Judicial review. 303.236 Section 303.236 Education... DISABILITIES State Application and Assurances Department Procedures § 303.236 Judicial review. If a State is... States Court of Appeals for the circuit in which that State is located a petition for review of...

  15. 29 CFR 24.112 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 29 Labor 1 2013-07-01 2013-07-01 false Judicial review. 24.112 Section 24.112 Labor Office of the... Miscellaneous Provisions § 24.112 Judicial review. (a) Except as provided under subsections (b), (c), and (d) of....110, any person adversely affected or aggrieved by the order may file a petition for review of...

  16. 49 CFR 397.225 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 49 Transportation 5 2010-10-01 2010-10-01 false Judicial review. 397.225 Section 397.225... MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.225 Judicial review. A party to a proceeding under § 397.205(a), § 397.213(a), or § 397.223(a) may seek review by the appropriate...

  17. 49 CFR 397.225 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 49 Transportation 5 2011-10-01 2011-10-01 false Judicial review. 397.225 Section 397.225... MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.225 Judicial review. A party to a proceeding under § 397.205(a), § 397.213(a), or § 397.223(a) may seek review by the appropriate...

  18. 7 CFR 1580.506 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 7 Agriculture 10 2011-01-01 2011-01-01 false Judicial review. 1580.506 Section 1580.506... OF AGRICULTURE TRADE ADJUSTMENT ASSISTANCE FOR FARMERS § 1580.506 Judicial review. Any producer... Trade for a review of such determination in accordance with its rules and procedures....

  19. 45 CFR 201.7 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 45 Public Welfare 2 2011-10-01 2011-10-01 false Judicial review. 201.7 Section 201.7 Public... ASSISTANCE PROGRAMS Approval of State Plans and Certification of Grants § 201.7 Judicial review. Any State... which such State is located a petition for review of such determination. After a copy of the petition...

  20. 29 CFR 785.7 - Judicial construction.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 29 Labor 3 2012-07-01 2012-07-01 false Judicial construction. 785.7 Section 785.7 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR STATEMENTS OF GENERAL... Hours Worked § 785.7 Judicial construction. The United States Supreme Court originally stated...

  1. 29 CFR 785.7 - Judicial construction.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 29 Labor 3 2013-07-01 2013-07-01 false Judicial construction. 785.7 Section 785.7 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR STATEMENTS OF GENERAL... Hours Worked § 785.7 Judicial construction. The United States Supreme Court originally stated...

  2. Judicial Federalism: A Quick Sketch.

    ERIC Educational Resources Information Center

    Rakove, Jack N.

    1998-01-01

    Outlines the history of the doctrine of judicial review, which makes the Supreme Court the final arbiter in questions of constitutional interpretation. Discusses debates over the structure and role of the judiciary at the Constitutional Convention, the impact of Chief Justice John Marshall, and distinctive features of 20th-century judicial…

  3. The Case of Pharmacological Neuroenhancement: Medical, Judicial and Ethical Aspects from a German Perspective.

    PubMed

    Franke, A G; Northoff, R; Hildt, E

    2015-11-01

    Pharmacological neuroenhancement (PN) describes the use of psychoactive drugs for the purpose of enhancing cognition (e. g., fatigue, concentration, memory etc.) by healthy subjects without medical need. Drugs used for this purpose can be divided into freely available, over-the-counter drugs (e. g., methylxanthines such as caffeine), prescription drugs (e. g., antidementia drugs, methylphenidate) and illicit drugs (e. g., illicit amphetamines). Clinical studies have shown that the aforementioned substances only have limited pro-cognitive effects and have considerable safety risks and side effects.The German judicial perspective shows legal differences between substances (drugs, food, food supplements, fortified food) that can be bought in a supermarket, drugs that can be bought in a pharmacy as over-the-counter- (OTC-) drugs, drugs with or without the need for a prescription and illicit drugs. Supermarket drugs and fortified food can be sold freely and follow the general rules of civil and penal law; regarding acquisition, parents are responsible for their children. OTC drugs require special information about therapy. Regarding prescription drugs, there are legal problems caused by an off-label use and the non-medical purposes of PN drugs. Furthermore, prescription stimulants for PN are governed by the specialized law for narcotics, and their use might be punished. Beyond the general lack of rules for regulation for PN drug use there are specific needs for prevention (e. g., control of the black market, etc.).Possible future policy will depend, among others, on the probability with which effective PN drugs with an acceptable risk-benefit ratio will be available, on individual and societal implications, and on public opinion towards PN. While 4 different general policy scenarios can be identified, it is important to advance a broad societal debate on PN to collect relevant empirical data and to address enhancement-related conceptual issues.

  4. The Case of Pharmacological Neuroenhancement: Medical, Judicial and Ethical Aspects from a German Perspective.

    PubMed

    Franke, A G; Northoff, R; Hildt, E

    2015-11-01

    Pharmacological neuroenhancement (PN) describes the use of psychoactive drugs for the purpose of enhancing cognition (e. g., fatigue, concentration, memory etc.) by healthy subjects without medical need. Drugs used for this purpose can be divided into freely available, over-the-counter drugs (e. g., methylxanthines such as caffeine), prescription drugs (e. g., antidementia drugs, methylphenidate) and illicit drugs (e. g., illicit amphetamines). Clinical studies have shown that the aforementioned substances only have limited pro-cognitive effects and have considerable safety risks and side effects.The German judicial perspective shows legal differences between substances (drugs, food, food supplements, fortified food) that can be bought in a supermarket, drugs that can be bought in a pharmacy as over-the-counter- (OTC-) drugs, drugs with or without the need for a prescription and illicit drugs. Supermarket drugs and fortified food can be sold freely and follow the general rules of civil and penal law; regarding acquisition, parents are responsible for their children. OTC drugs require special information about therapy. Regarding prescription drugs, there are legal problems caused by an off-label use and the non-medical purposes of PN drugs. Furthermore, prescription stimulants for PN are governed by the specialized law for narcotics, and their use might be punished. Beyond the general lack of rules for regulation for PN drug use there are specific needs for prevention (e. g., control of the black market, etc.).Possible future policy will depend, among others, on the probability with which effective PN drugs with an acceptable risk-benefit ratio will be available, on individual and societal implications, and on public opinion towards PN. While 4 different general policy scenarios can be identified, it is important to advance a broad societal debate on PN to collect relevant empirical data and to address enhancement-related conceptual issues. PMID:26252723

  5. Re: Mental health rehabilitation in therapeutic jurisprudence: Theoretical improvements.

    PubMed

    Ferrazzi, Priscilla; Krupa, Terry

    2016-01-01

    Legal scholarship relevant to criminal court mental health initiatives that divert people with mental illness from prosecution to treatment has created the concept of therapeutic jurisprudence (TJ), an approach that seeks to maximize the law's potential for therapeutic outcomes. Despite recognition that TJ includes a rehabilitative response as a key animating principle and that it advocates for interdisciplinary synthesis, TJ has developed mainly from within the practice and discipline of law and without reference to the discipline of rehabilitation science, in which approaches to mental health rehabilitation (MHR) have witnessed significant developments in recent decades. In particular, concepts of MHR have shifted from a biomedical focus to a psychosocial approach, such as the recovery model, that incorporates values of self-determination, independence, and empowerment. It is argued that greater consideration of MHR will improve the theoretical validity of TJ by 1) helping define what 'therapeutic' means; 2) constructing a normative framework; and 3) broadening the scope of TJ as an interdisciplinary approach. More research is needed to ensure concepts from MHR rehabilitation science are considered in TJ legal scholarship and criminal court mental health initiatives.

  6. Re: Mental health rehabilitation in therapeutic jurisprudence: Theoretical improvements.

    PubMed

    Ferrazzi, Priscilla; Krupa, Terry

    2016-01-01

    Legal scholarship relevant to criminal court mental health initiatives that divert people with mental illness from prosecution to treatment has created the concept of therapeutic jurisprudence (TJ), an approach that seeks to maximize the law's potential for therapeutic outcomes. Despite recognition that TJ includes a rehabilitative response as a key animating principle and that it advocates for interdisciplinary synthesis, TJ has developed mainly from within the practice and discipline of law and without reference to the discipline of rehabilitation science, in which approaches to mental health rehabilitation (MHR) have witnessed significant developments in recent decades. In particular, concepts of MHR have shifted from a biomedical focus to a psychosocial approach, such as the recovery model, that incorporates values of self-determination, independence, and empowerment. It is argued that greater consideration of MHR will improve the theoretical validity of TJ by 1) helping define what 'therapeutic' means; 2) constructing a normative framework; and 3) broadening the scope of TJ as an interdisciplinary approach. More research is needed to ensure concepts from MHR rehabilitation science are considered in TJ legal scholarship and criminal court mental health initiatives. PMID:27107821

  7. 14 CFR § 1250.110 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 14 Aeronautics and Space 5 2014-01-01 2014-01-01 false Judicial review. § 1250.110 Section § 1250.110 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION NONDISCRIMINATION IN... Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as...

  8. 32 CFR 935.60 - Wake Island Judicial Authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 32 National Defense 6 2014-07-01 2014-07-01 false Wake Island Judicial Authority. 935.60 Section... INSULAR REGULATIONS WAKE ISLAND CODE Judiciary § 935.60 Wake Island Judicial Authority. (a) The judicial authority under this part is vested in the Wake Island Court and the Wake Island Court of Appeals. (b)...

  9. 32 CFR 935.60 - Wake Island Judicial Authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 6 2011-07-01 2011-07-01 false Wake Island Judicial Authority. 935.60 Section... INSULAR REGULATIONS WAKE ISLAND CODE Judiciary § 935.60 Wake Island Judicial Authority. (a) The judicial authority under this part is vested in the Wake Island Court and the Wake Island Court of Appeals. (b)...

  10. 32 CFR 935.60 - Wake Island Judicial Authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Wake Island Judicial Authority. 935.60 Section... INSULAR REGULATIONS WAKE ISLAND CODE Judiciary § 935.60 Wake Island Judicial Authority. (a) The judicial authority under this part is vested in the Wake Island Court and the Wake Island Court of Appeals. (b)...

  11. 32 CFR 935.60 - Wake Island Judicial Authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 32 National Defense 6 2013-07-01 2013-07-01 false Wake Island Judicial Authority. 935.60 Section... INSULAR REGULATIONS WAKE ISLAND CODE Judiciary § 935.60 Wake Island Judicial Authority. (a) The judicial authority under this part is vested in the Wake Island Court and the Wake Island Court of Appeals. (b)...

  12. 32 CFR 935.60 - Wake Island Judicial Authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 32 National Defense 6 2012-07-01 2012-07-01 false Wake Island Judicial Authority. 935.60 Section... INSULAR REGULATIONS WAKE ISLAND CODE Judiciary § 935.60 Wake Island Judicial Authority. (a) The judicial authority under this part is vested in the Wake Island Court and the Wake Island Court of Appeals. (b)...

  13. 28 CFR 0.49 - International judicial assistance.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 28 Judicial Administration 1 2012-07-01 2012-07-01 false International judicial assistance. 0.49... Division § 0.49 International judicial assistance. The Assistant Attorney General in charge of the Civil... February 10, 1969. (c) To receive letters of requests issued by foreign and international...

  14. 28 CFR 0.49 - International judicial assistance.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 28 Judicial Administration 1 2014-07-01 2014-07-01 false International judicial assistance. 0.49... Division § 0.49 International judicial assistance. The Assistant Attorney General in charge of the Civil... February 10, 1969. (c) To receive letters of requests issued by foreign and international...

  15. 28 CFR 0.49 - International judicial assistance.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 1 2011-07-01 2011-07-01 false International judicial assistance. 0.49... Division § 0.49 International judicial assistance. The Assistant Attorney General in charge of the Civil... February 10, 1969. (c) To receive letters of requests issued by foreign and international...

  16. 28 CFR 0.49 - International judicial assistance.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false International judicial assistance. 0.49... Division § 0.49 International judicial assistance. The Assistant Attorney General in charge of the Civil... February 10, 1969. (c) To receive letters of requests issued by foreign and international...

  17. 41 CFR 105-70.042 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 41 Public Contracts and Property Management 3 2012-01-01 2012-01-01 false Judicial review. 105-70... Administration 70-IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 § 105-70.042 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate United...

  18. 14 CFR § 1262.309 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 14 Aeronautics and Space 5 2014-01-01 2014-01-01 false Judicial review. § 1262.309 Section Â... ACT IN AGENCY PROCEEDINGS Procedures for Considering Applications § 1262.309 Judicial review. Judicial review of final Agency decisions on awards may be sought under 5 U.S.C. 504(c)(2), which provides: If...

  19. 14 CFR § 1264.141 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 14 Aeronautics and Space 5 2014-01-01 2014-01-01 false Judicial review. § 1264.141 Section Â... PROGRAM FRAUD CIVIL PENALTIES ACT OF 1986 § 1264.141 Judicial review. Section 3805 of Title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a...

  20. Why do mental health courts work? A confluence of treatment, support & adroit judicial supervision.

    PubMed

    Edgely, Michelle

    2014-01-01

    The article contributes to the understanding of 'what works' in mental health courts (MHCs). There are now almost 400 MHCs in the US and more worldwide. A substantial body of evidence demonstrates that MHCs can succeed in reducing recidivism among offenders who suffer mental disorders. This article argues that MHCs succeed when they have achieved the right confluence of essential elements, including providing evidence-based treatment and psychosocial supports and using adroit judge-craft. After a brief review of some of the studies demonstrating MHC success, this article discusses the research into the necessary foundations of rehabilitation programs. It is argued that, although treatment and psychosocial services should be supplied within an evidence-based framework, neither of the two leading conceptual models - Risk-Needs-Responsivity and the Good Lives Model - are empirically proven with offenders who suffer from mental disorders. Despite the absence of proof, the Good Lives Model is argued to be appropriate for MHCs because it is normatively consonant with therapeutic jurisprudence. The MHC judge is another essential element. The judicial role is assayed to elucidate how it functions to promote the rehabilitation of offenders with mental disorders. It is argued that the role of the MHC judge during supervisory status hearings is to establish a therapeutic alliance and practice motivational psychology with each MHC participant.

  1. Why do mental health courts work? A confluence of treatment, support & adroit judicial supervision.

    PubMed

    Edgely, Michelle

    2014-01-01

    The article contributes to the understanding of 'what works' in mental health courts (MHCs). There are now almost 400 MHCs in the US and more worldwide. A substantial body of evidence demonstrates that MHCs can succeed in reducing recidivism among offenders who suffer mental disorders. This article argues that MHCs succeed when they have achieved the right confluence of essential elements, including providing evidence-based treatment and psychosocial supports and using adroit judge-craft. After a brief review of some of the studies demonstrating MHC success, this article discusses the research into the necessary foundations of rehabilitation programs. It is argued that, although treatment and psychosocial services should be supplied within an evidence-based framework, neither of the two leading conceptual models - Risk-Needs-Responsivity and the Good Lives Model - are empirically proven with offenders who suffer from mental disorders. Despite the absence of proof, the Good Lives Model is argued to be appropriate for MHCs because it is normatively consonant with therapeutic jurisprudence. The MHC judge is another essential element. The judicial role is assayed to elucidate how it functions to promote the rehabilitation of offenders with mental disorders. It is argued that the role of the MHC judge during supervisory status hearings is to establish a therapeutic alliance and practice motivational psychology with each MHC participant. PMID:24656743

  2. ["On hidden madness"--"De amentia occulta" by Ernst Platner in early 19th-century tension of medicine and jurisprudence].

    PubMed

    Haack, Kathleen; Steinberg, Holger; Herpertz, Sabine C; Kumbier, Ekkehardt

    2008-03-01

    During the first half of the 19th century psychiatry became more and more influential in the evaluation of mentally ill offenders. "Doubtful" states of mind gained a particular importance for forensic practice. One of the mental disorders that was heavily disputed was amentia occulta (hidden madness) first described by the well-known Leipzig doctor and philosopher Ernst Platner. This publication (1797) preluded several other diagnoses to refer to non-obvious, "hidden mental derangements". Regardless of the differences in arguments as developed by the experts in question (E. T. A. Hoffmann, Merzdorff, E. Horn, J. C. A. Clarus), two case studies from the early 19 (th) century (D. Schmolling, J. C. Woyzeck) will exemplify the process of medicine, and psychiatry in particular, becoming more and more influential in everyday jurisdictional practice. The above-mentioned Ernst Platner, the author of manifold forensic studies and of "De amentia occulta", was one of the pioneers and promoters of this process. By emphasising the importance of mental states being evaluated by medical professionals he contributed a great deal to the establishment of forensic psychiatry.

  3. 29 CFR 1603.306 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... EXEMPT STATE AND LOCAL GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER SECTION 304 OF THE GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991 Appeals § 1603.306 Judicial review. Any party to...

  4. 31 CFR 92.18 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... THE TREASURY UNITED STATES MINT OPERATIONS AND PROCEDURES Assessment of Civil Penalties for Misuse of Words, Letters, Symbols, or Emblems of the United States Mint § 92.18 Judicial review. A Final Notice...

  5. 31 CFR 92.18 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... THE TREASURY UNITED STATES MINT OPERATIONS AND PROCEDURES Assessment of Civil Penalties for Misuse of Words, Letters, Symbols, or Emblems of the United States Mint § 92.18 Judicial review. A Final Notice...

  6. 31 CFR 92.18 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... THE TREASURY UNITED STATES MINT OPERATIONS AND PROCEDURES Assessment of Civil Penalties for Misuse of Words, Letters, Symbols, or Emblems of the United States Mint § 92.18 Judicial review. A Final Notice...

  7. 37 CFR 251.58 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Procedures of Copyright Arbitration Royalty Panels § 251.58 Judicial review. (a) Any order of...

  8. The Judicialization of Health and the Quest for State Accountability: Evidence from 1,262 Lawsuits for Access to Medicines in Southern Brazil

    PubMed Central

    Socal, Mariana P.; Amon, Joseph J.

    2016-01-01

    Abstract The impact of increasing numbers of lawsuits for access to medicines in Brazil is hotly debated. Government officials and scholars assert that the “judicialization of health” is driven by urban elites and private interests, and is used primarily to access high-cost drugs. Using a systematic sample of 1,262 lawsuits for access to medicines filed against the southern Brazilian state of Rio Grande do Sul, we assess these claims, offering empirical evidence that counters prevailing myths and affirms the heterogeneity of the judicialization phenomenon. Our findings show that the majority of patient-litigants are in fact poor and older individuals who do not live in major metropolitan areas and who depend on the state to provide their legal representation, and that the majority of medicines requested were already on governmental formularies. Our data challenge arguments that judicialization expands inequities and weakens the universal health care system. Our data also suggest that judicialization may serve as a grassroots instrument for the poor to hold the state accountable. Failing to acknowledge regional differences and attempting to fit all data into one singular narrative may be contributing to a biased interpretation of the nature of judicialization, and limiting the understanding of its drivers, consequences, and implications at local levels. PMID:27781011

  9. Teen Tobacco Court: A Determination of the Short-Term Outcomes of Judicial Processes with Teens Engaging in Tobacco Possession.

    ERIC Educational Resources Information Center

    Langer, Lilly M.; Warheit, George J.

    2000-01-01

    Investigated the impact of a tobacco citation and subsequent court appearance on teens who possessed tobacco, examining offenders' attitudes and behaviors following citation and court appearance. Surveys and interviews indicated that being ticketed and appearing in teen tobacco court had significant, positive, short-term impacts on large numbers…

  10. Educating Jurors about Forensic Evidence: Using an Expert Witness and Judicial Instructions to Mitigate the Impact of Invalid Forensic Science Testimony.

    PubMed

    Eastwood, Joseph; Caldwell, Jiana

    2015-11-01

    Invalid expert witness testimony that overstated the precision and accuracy of forensic science procedures has been highlighted as a common factor in many wrongful conviction cases. This study assessed the ability of an opposing expert witness and judicial instructions to mitigate the impact of invalid forensic science testimony. Participants (N = 155) acted as mock jurors in a sexual assault trial that contained both invalid forensic testimony regarding hair comparison evidence, and countering testimony from either a defense expert witness or judicial instructions. Results showed that the defense expert witness was successful in educating jurors regarding limitations in the initial expert's conclusions, leading to a greater number of not-guilty verdicts. The judicial instructions were shown to have no impact on verdict decisions. These findings suggest that providing opposing expert witnesses may be an effective safeguard against invalid forensic testimony in criminal trials. PMID:26234166

  11. Educating Jurors about Forensic Evidence: Using an Expert Witness and Judicial Instructions to Mitigate the Impact of Invalid Forensic Science Testimony.

    PubMed

    Eastwood, Joseph; Caldwell, Jiana

    2015-11-01

    Invalid expert witness testimony that overstated the precision and accuracy of forensic science procedures has been highlighted as a common factor in many wrongful conviction cases. This study assessed the ability of an opposing expert witness and judicial instructions to mitigate the impact of invalid forensic science testimony. Participants (N = 155) acted as mock jurors in a sexual assault trial that contained both invalid forensic testimony regarding hair comparison evidence, and countering testimony from either a defense expert witness or judicial instructions. Results showed that the defense expert witness was successful in educating jurors regarding limitations in the initial expert's conclusions, leading to a greater number of not-guilty verdicts. The judicial instructions were shown to have no impact on verdict decisions. These findings suggest that providing opposing expert witnesses may be an effective safeguard against invalid forensic testimony in criminal trials.

  12. The University and Due Process.

    ERIC Educational Resources Information Center

    Perkins, James A.

    An alarming aspect of the dramatic change in the relationship between a university and its constituents is the increasing number of court cases challenging traditionally academic decisions. The filing of these cases seems to suggest that judicial processes can be substituted for academic ones. Although many courts have recognized the distinctive…

  13. 34 CFR 300.535 - Referral to and action by law enforcement and judicial authorities.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES Procedural Safeguards Due Process Procedures for Parents and Children Discipline Procedures § 300.535 Referral to and action by law enforcement and... crime committed by a child with a disability to appropriate authorities or prevents State...

  14. 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…

  15. Stranger in a strange land: the use of overbreadth in abortion jurisprudence.

    PubMed

    Martin, K

    1999-01-01

    Plaintiffs seeking to avoid prosecution under an allegedly unconstitutional statute can ask a court to do one of two things: award facial relief, in which case any enforcement of the offending statutory provision is enjoined, or award as-applied relief, in which case enforcement of the provision against the plaintiff is enjoined, but officials may attempt to apply the statute to others. As-applied relief might also take the form of partial facial invalidation: The provision may not be applied to others similarly situated to the plaintiff. In United States v. Salerno, the Court ruled that judges should only provide total facial invalidation if there is "no set of circumstances" under which the statute could be applied consistent with the Constitution. This general rule, however, has had a historical exception for First Amendment jurisprudence, known as the overbreadth doctrine, and more recently Planned Parenthood v. Casey extended a similar exception to abortion jurisprudence. Most literature has been supportive of this extension, and some have suggested replacing the Salerno rule with the Casey rule as a general matter. This Note argues that the reasons given for the Casey exception are unpersuasive, that Salerno as a matter of history and doctrine is the correct rule to apply to facial challenges, and for that reason that Salerno should remain the general rule and Casey's "large fraction" test should be eliminated.

  16. Conflicts of interest. Physician ownership of medical facilities. Council on Ethical and Judicial Affairs, American Medical Association.

    PubMed

    1992-05-01

    In this report, the Council on Ethical and Judicial Affairs revisits the question of referral of patients to medical facilities in which physicians have financial interests ("self-referral"). The Council issued safeguards in 1986 to prevent abuses of self-referral and most recently updated the guidelines in 1989. Recent studies, however, have suggested that problems with self-referral persist; these problems undermine the commitment of physicians to professionalism. The Council has concluded that, in general, physicians should not refer patients to a health care facility outside their office practice at which they do not directly provide care or services when they have an investment interest in the facility. Physicians may invest in and refer to an outside facility if there is a demonstrated need in the community for the facility and alternative financing is not available.

  17. Antiretroviral drug expenditure, pricing and judicial demand: an analysis of federal procurement data in Brazil from 2004–2011

    PubMed Central

    2014-01-01

    Background Previous studies have described expenditures for antiretroviral (ARV) medicines in Brazil through 2005. While prior studies examined overall expenditures, they have not have analyzed drug procurement data in order to describe the role of court litigation on access and pricing. Methods ARV drug procurement from private sector sources for the years 2004–2011 was obtained through the general procurement database of the Brazilian Federal Government (SIASG). Procurement was measured in Defined Daily Doses (DDD) per 1000 persons-under-treatment per day. Expenditures and price per DDD were calculated and expressed in U.S. Dollars. Justifications for ARV purchases were examined in order to determine the relationship between health litigation and incorporation into Brazil’s national treatment guidelines. Results Drug procurement of ARVs from private sources underwent marked expansion in 2005, peaked in 2009, and stabilized to 2008 levels by 2011. Expenditures followed procurement curves. Medications which were procured for the first time after 2007 cost more than medicines which were introduced before 2007. Judicial actions initially resulted in purchases of newer medications for a select number of patients in Brazil but ultimately expanded availability to a larger population through incorporation into the national treatment guidelines. Conclusions Drug procurement and expenditures for ARVs in Brazil varied between 2004–2011. The procurement of some drugs from the private sector ceased after public manufacturers started producing them locally. Judicial demand has resulted in the incorporation of newer drugs into the national treatment guidelines. In order for the AIDS treatment program to remain sustainable, efforts should be pursued to reduce prices through generic drugs, price negotiation and other public health flexibilities such as compulsory licensing. PMID:24735589

  18. 43 CFR 4.1600 - Purpose and nature of the appeal process.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 43 Public Lands: Interior 1 2014-10-01 2014-10-01 false Purpose and nature of the appeal process... Circular A-76 § 4.1600 Purpose and nature of the appeal process. (a) This appeals procedure embodies an... rather than judicial in nature, and does not provide for a judicial review or for further levels...

  19. 43 CFR 4.1600 - Purpose and nature of the appeal process.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 43 Public Lands: Interior 1 2012-10-01 2011-10-01 true Purpose and nature of the appeal process. 4... Circular A-76 § 4.1600 Purpose and nature of the appeal process. (a) This appeals procedure embodies an... rather than judicial in nature, and does not provide for a judicial review or for further levels...

  20. 43 CFR 4.1600 - Purpose and nature of the appeal process.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 43 Public Lands: Interior 1 2013-10-01 2013-10-01 false Purpose and nature of the appeal process... Circular A-76 § 4.1600 Purpose and nature of the appeal process. (a) This appeals procedure embodies an... rather than judicial in nature, and does not provide for a judicial review or for further levels...

  1. 43 CFR 4.1600 - Purpose and nature of the appeal process.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 43 Public Lands: Interior 1 2011-10-01 2011-10-01 false Purpose and nature of the appeal process... Circular A-76 § 4.1600 Purpose and nature of the appeal process. (a) This appeals procedure embodies an... rather than judicial in nature, and does not provide for a judicial review or for further levels...

  2. 43 CFR 4.1600 - Purpose and nature of the appeal process.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Purpose and nature of the appeal process... Circular A-76 § 4.1600 Purpose and nature of the appeal process. (a) This appeals procedure embodies an... rather than judicial in nature, and does not provide for a judicial review or for further levels...

  3. O Direito Costumeiro na Legislacao e na Jurisprudencia do Brasil: A Desescravizacao (Common Law in Legislation and Jurisprudence in Brazil: Abolition of Slavery).

    ERIC Educational Resources Information Center

    Gebara, Ademir

    2000-01-01

    Demonstrates that in Brazil, common law was an important component for development of the political project, elaborated with the objective of organizing and disciplining the formation of a market of free workers. Considers that the history of work relations originated in the Portuguese discovery of Brazil in the 16th century. (BT)

  4. [Maturity criteria in youth jurisprudence--on the problem of paragraphs 1, 3 and 105 of the youth penal code from the viewpoint of adolescent psychiatry].

    PubMed

    Freisleder, F J

    1989-04-01

    The youth psychiatrist is regularly asked to assess the maturity of juvenile offenders. The criteria are laid down by German criminal legislation. The present articles deals with the individual factors that enable such assessment, especially if the offender is between 18 and 20 years of age.

  5. Partial-birth abortion: the final frontier of abortion jurisprudence.

    PubMed

    Bopp, J; Cook, C R

    1998-01-01

    Partial-birth abortion bans patterned after the federal bill passed by both houses of Congress are constitutional. The clear legislative definition can be easily distinguished from other abortion procedures. Abortion precedents do not apply to such bans because the abortion right pertains to unborn human beings, not to those partially delivered. Such bans are also rationally-related to legitimate state interests. Even if abortion jurisprudence is deemed to apply in the partial-birth abortion context, a ban is still constitutional under Casey because a ban on partial-birth abortions does not impose an undue burden on the abortion right.

  6. The Evolving Role of the Courts in Educational Policy: The Tension between Judicial, Scientific, and Democratic Decision Making in "Kitzmiller v. Dover"

    ERIC Educational Resources Information Center

    Superfine, Benjamin Michael

    2009-01-01

    In "Kitzmiller v. Dover" (2005), a court defined science to decide the legitimacy of teaching intelligent design to high school biology students. This study analyzes "Kitzmiller" in light of the complex and interrelated tensions between judicial, scientific, and democratic decision making that lie at the heart of modern educational governance.…

  7. Disciplinary and Academic Decisions Pertaining to Students: A Review of the 1997 Judicial Decisions.

    ERIC Educational Resources Information Center

    Stoner, Edward N.; Schupansky, Susan P.

    1998-01-01

    Reviews key cases concerning disciplinary and academic decisions in higher education handed down by courts in 1997. Cases touched on procedural due process (for medical residents, academic versus disciplinary decisions, other notable issues), double jeopardy, breach of contract, student discipline records under the Family Education Rights and…

  8. The status of the name Lactobacillus rogosae Holdeman and Moore 1974. Opinion 88. Judicial Commission of the International Committee on Systematics of Prokaryotes.

    PubMed

    Tindall, B J

    2014-10-01

    The Judicial Commission affirms that the COMBINATION: Lactobacillus rogosae Holdeman and Moore 1974 represented by the type strain ATCC 27753 listed on the Approved Lists of Bacterial Names does not appear to be currently represented by an extant type strain. Further work is needed to determine whether a derivative of the original type can be found or whether a neotype can be designated.

  9. 7 CFR 780.17 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 7 Agriculture 7 2014-01-01 2014-01-01 false Judicial review. 780.17 Section 780.17 Agriculture... SPECIAL PROGRAMS APPEAL REGULATIONS § 780.17 Judicial review. (a) Decisions of the Administrator in... judicial review....

  10. [The thesis of judicialization of health care by the elites: medication for mucopolysaccharidosis].

    PubMed

    Medeiros, Marcelo; Diniz, Debora; Schwartz, Ida Vanessa Doederlein

    2013-04-01

    This paper evaluates the hypothesis that the judicialization of medicine for mucopolysaccharidosis in Brazil is an action promoted by economic elites. Previous studies upholding the thesis of judicialization by elites in the case of other types of medication that are more costly for the Unified Health Service are discussed. An analysis of all 196 processes containing information about judicial processes brought to court between February 2006 and December 2010 that ended by determining that the State should provide such medication free of charge to patients was conducted. There is evidence that attorneys' fees were covered by entities interested in the results of judicialization, such as the distributors or pharmaceutical industries. Patients may also be migrating for diagnosis and treatment to university centers that are a benchmark for medical innovation in the country, as the option for public health services is related to their higher technical and scientific capacity. Therefore, the resort to private lawyers, indicators of social exclusion based on the address of patients and the use of public health services, are not adequate class information to corroborate or refute the thesis of judicialization by the elites.

  11. Sex-Reassignment Rules in Shiite Jurisprudence

    PubMed Central

    Kalbasi-Isfahani, Fahimeh; Deleer, Mohsen

    2016-01-01

    Background: The “Sex-Reassignment Surgery” is a solution that besides behavioral therapy has been suggested to people suffering from gender identity disorders in recent years. In Iran, this trend has become more popular over the past years due to the inclination to reach to the goal rapidly with less effort and also the surgery has attracted many patients with the problem. Religious clerics have tried to determine the religious doctrines for this practice and as a result a group of them favor an absolute permission while others choose prohibition and some of them favor a middle path. The aim of this study was to determine the religious doctrines for Sex-Reassignment and legitimate treatment for GID. Methods: The research method was a library research based on which an investigation was done by analyzing the relevant books, articles and dissertations. Primary documents of Islamic sources (Quran and tradition) along with scientific, medical and psychological materials were used in this research. Results: In this study, the survey shows that none of the reasons have the power to deliver a definitive and religious ruling on this issue because the validity of its reasons is related to the reality of “Sex-Reassignment”. Conclusion: The results demonstrate that Sex-Reassignment is prohibited and it is not authorized. In case of urgency for doing the surgery, the gender of the person should not be changed. PMID:27478771

  12. 31 CFR 357.23 - Judicial proceedings-sovereign immunity.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 31 Money and Finance:Treasury 2 2012-07-01 2012-07-01 false Judicial proceedings-sovereign immunity. 357.23 Section 357.23 Money and Finance: Treasury Regulations Relating to Money and Finance....23 Judicial proceedings—sovereign immunity. (a) Department and Federal Reserve Banks not...

  13. 31 CFR 357.23 - Judicial proceedings-sovereign immunity.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 31 Money and Finance:Treasury 2 2013-07-01 2013-07-01 false Judicial proceedings-sovereign immunity. 357.23 Section 357.23 Money and Finance: Treasury Regulations Relating to Money and Finance....23 Judicial proceedings—sovereign immunity. (a) Department and Federal Reserve Banks not...

  14. 31 CFR 357.23 - Judicial proceedings-sovereign immunity.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Judicial proceedings-sovereign immunity. 357.23 Section 357.23 Money and Finance: Treasury Regulations Relating to Money and Finance... Securities System (Legacy Treasury Direct) § 357.23 Judicial proceedings—sovereign immunity. (a)...

  15. 12 CFR 908.10 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... section 1374(e) of the Safety and Soundness Act (12 U.S.C. 4634(e)), to order payment of any civil money... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Judicial review. 908.10 Section 908.10 Banks and Banking FEDERAL HOUSING FINANCE BOARD FEDERAL HOUSING FINANCE BOARD ORGANIZATION AND...

  16. 36 CFR 215.21 - Judicial proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 36 Parks, Forests, and Public Property 2 2011-07-01 2011-07-01 false Judicial proceedings. 215.21 Section 215.21 Parks, Forests, and Public Property FOREST SERVICE, DEPARTMENT OF AGRICULTURE NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES § 215.21...

  17. 36 CFR 215.21 - Judicial proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 36 Parks, Forests, and Public Property 2 2013-07-01 2013-07-01 false Judicial proceedings. 215.21 Section 215.21 Parks, Forests, and Public Property FOREST SERVICE, DEPARTMENT OF AGRICULTURE NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES § 215.21...

  18. 36 CFR 215.21 - Judicial proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 36 Parks, Forests, and Public Property 2 2010-07-01 2010-07-01 false Judicial proceedings. 215.21 Section 215.21 Parks, Forests, and Public Property FOREST SERVICE, DEPARTMENT OF AGRICULTURE NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES § 215.21...

  19. 36 CFR 215.21 - Judicial proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 36 Parks, Forests, and Public Property 2 2012-07-01 2012-07-01 false Judicial proceedings. 215.21 Section 215.21 Parks, Forests, and Public Property FOREST SERVICE, DEPARTMENT OF AGRICULTURE NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES § 215.21...

  20. 36 CFR 215.21 - Judicial proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 36 Parks, Forests, and Public Property 2 2014-07-01 2014-07-01 false Judicial proceedings. 215.21 Section 215.21 Parks, Forests, and Public Property FOREST SERVICE, DEPARTMENT OF AGRICULTURE NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES § 215.21...

  1. Semantic Storyboard of Judicial Debates: A Novel Multimedia Summarization Environment

    ERIC Educational Resources Information Center

    Fersini, E.; Sartori, F.

    2012-01-01

    Purpose: The need of tools for content analysis, information extraction and retrieval of multimedia objects in their native form is strongly emphasized into the judicial domain: digital videos represent a fundamental informative source of events occurring during judicial proceedings that should be stored, organized and retrieved in short time and…

  2. Judicial Review of Citizenship Education in Nineteenth Century American Schools.

    ERIC Educational Resources Information Center

    Michel, George J.

    This paper traces the Supreme Court's powers of judicial review in the 19th century and considers its relation to citizenship education. The 19th century was selected as the major focus because it was during this century that the Court attempted to establish its powers of review and generally to reaffirm judicial powers. Also, the controversy over…

  3. 5 CFR 1201.205 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Judicial review. 1201.205 Section 1201.205 Administrative Personnel MERIT SYSTEMS PROTECTION BOARD ORGANIZATION AND PROCEDURES PRACTICES AND PROCEDURES Attorney Fees (Plus Costs, Expert Witness Fees, and Litigation Expenses, Where...

  4. 5 CFR 1201.205 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 5 Administrative Personnel 3 2012-01-01 2012-01-01 false Judicial review. 1201.205 Section 1201.205 Administrative Personnel MERIT SYSTEMS PROTECTION BOARD ORGANIZATION AND PROCEDURES PRACTICES AND PROCEDURES Attorney Fees (Plus Costs, Expert Witness Fees, and Litigation Expenses, Where...

  5. 5 CFR 1201.205 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 5 Administrative Personnel 3 2014-01-01 2014-01-01 false Judicial review. 1201.205 Section 1201.205 Administrative Personnel MERIT SYSTEMS PROTECTION BOARD ORGANIZATION AND PROCEDURES PRACTICES AND PROCEDURES Attorney Fees (Plus Costs, Expert Witness Fees, and Litigation Expenses, Where Applicable)...

  6. 5 CFR 1201.205 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 5 Administrative Personnel 3 2011-01-01 2011-01-01 false Judicial review. 1201.205 Section 1201.205 Administrative Personnel MERIT SYSTEMS PROTECTION BOARD ORGANIZATION AND PROCEDURES PRACTICES AND PROCEDURES Attorney Fees (Plus Costs, Expert Witness Fees, and Litigation Expenses, Where...

  7. 5 CFR 1201.205 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 5 Administrative Personnel 3 2013-01-01 2013-01-01 false Judicial review. 1201.205 Section 1201.205 Administrative Personnel MERIT SYSTEMS PROTECTION BOARD ORGANIZATION AND PROCEDURES PRACTICES AND PROCEDURES Attorney Fees (Plus Costs, Expert Witness Fees, and Litigation Expenses, Where Applicable)...

  8. 20 CFR 498.127 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... Employees' Benefits SOCIAL SECURITY ADMINISTRATION CIVIL MONETARY PENALTIES, ASSESSMENTS AND RECOMMENDED... review of any penalty and assessment, as applicable, that has become final. Judicial review may be sought by a respondent only in regard to a penalty and assessment, as applicable, with respect to which...

  9. 45 CFR 681.41 - What judicial review is available?

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 45 Public Welfare 3 2013-10-01 2013-10-01 false What judicial review is available? 681.41 Section 681.41 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL SCIENCE FOUNDATION PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS Decisions and Appeals § 681.41 What judicial review...

  10. 45 CFR 681.41 - What judicial review is available?

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 45 Public Welfare 3 2010-10-01 2010-10-01 false What judicial review is available? 681.41 Section 681.41 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL SCIENCE FOUNDATION PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS Decisions and Appeals § 681.41 What judicial review...

  11. Injuries produced by judicial hanging. A case report.

    PubMed

    Reay, D T; Cohen, W; Ames, S

    1994-09-01

    A judicial hanging occurred in the state of Washington. Neck injuries were studied by MRI (Magnetic Resonance Imaging) and CT (Computed Tomography). In addition, vertebral arteriograms were performed to evaluate the nature of the neck injury. This report details the anatomical changes produced by judicial hanging.

  12. 20 CFR 320.45 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false Judicial review. 320.45 Section 320.45 Employees' Benefits RAILROAD RETIREMENT BOARD REGULATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT AND REVIEWS OF AND APPEALS FROM...

  13. 42 CFR 430.38 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 42 Public Health 4 2011-10-01 2011-10-01 false Judicial review. 430.38 Section 430.38 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) MEDICAL ASSISTANCE PROGRAMS GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS Grants; Reviews and...

  14. 28 CFR 17.17 - Judicial proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... Pub. L. 96-456, 94 Stat. 2025, by the Chief Justice of the United States for the Protection of... Judicial Administration DEPARTMENT OF JUSTICE CLASSIFIED NATIONAL SECURITY INFORMATION AND ACCESS TO... from the Security and Emergency Planning Staff, Justice Management Division, Department of...

  15. 14 CFR 14.29 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 14 Aeronautics and Space 1 2012-01-01 2012-01-01 false Judicial review. 14.29 Section 14.29... review. If an applicant is dissatisfied with the determination of fees and other expenses made under this... is made, appeal the determination to the court of the United States having jurisdiction to review...

  16. 44 CFR 295.43 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 44 Emergency Management and Assistance 1 2011-10-01 2011-10-01 false Judicial review. 295.43 Section 295.43 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY CERRO GRANDE FIRE ASSISTANCE CERRO GRANDE FIRE ASSISTANCE Dispute Resolution §...

  17. 45 CFR 80.11 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION NONDISCRIMINATION UNDER PROGRAMS RECEIVING FEDERAL ASSISTANCE THROUGH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 § 80.11 Judicial review. Action taken pursuant to section 602 of the...

  18. 31 CFR 363.45 - What are the rules for judicial and administrative actions involving securities held in...

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... judicial proceeding involving competing claims to a security held in TreasuryDirect. (c) Divorce decree. We will recognize a divorce decree that either disposes of a security held in TreasuryDirect or ratifies a... divorce decree does not set out the terms of the property settlement agreement, we will require...

  19. 31 CFR 363.45 - What are the rules for judicial and administrative actions involving securities held in...

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... judicial proceeding involving competing claims to a security held in TreasuryDirect. (c) Divorce decree. We will recognize a divorce decree that either disposes of a security held in TreasuryDirect or ratifies a... divorce decree does not set out the terms of the property settlement agreement, we will require...

  20. 76 FR 61072 - Committees on Administration and Management, Collaborative Governance, Judicial Review, and...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-10-03

    ... agency #0;statements of organization and functions are examples of documents #0;appearing in this section... materials; virtual committee meetings; and other improvements that might reduce the burdens imposed by...

  1. 29 CFR 24.112 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 29 Labor 1 2011-07-01 2011-07-01 false Judicial review. 24.112 Section 24.112 Labor Office of the Secretary of Labor PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISIONS OF SIX ENVIRONMENTAL STATUTES AND SECTION 211 OF THE ENERGY REORGANIZATION ACT OF 1974, AS...

  2. 29 CFR 24.113 - Judicial enforcement.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 29 Labor 1 2014-07-01 2013-07-01 true Judicial enforcement. 24.113 Section 24.113 Labor Office of the Secretary of Labor PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISIONS OF SIX ENVIRONMENTAL STATUTES AND SECTION 211 OF THE ENERGY REORGANIZATION ACT OF...

  3. 29 CFR 24.112 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 29 Labor 1 2012-07-01 2012-07-01 false Judicial review. 24.112 Section 24.112 Labor Office of the Secretary of Labor PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISIONS OF SIX ENVIRONMENTAL STATUTES AND SECTION 211 OF THE ENERGY REORGANIZATION ACT OF 1974, AS...

  4. 29 CFR 24.113 - Judicial enforcement.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 29 Labor 1 2012-07-01 2012-07-01 false Judicial enforcement. 24.113 Section 24.113 Labor Office of the Secretary of Labor PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISIONS OF SIX ENVIRONMENTAL STATUTES AND SECTION 211 OF THE ENERGY REORGANIZATION ACT OF...

  5. 29 CFR 24.113 - Judicial enforcement.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 29 Labor 1 2013-07-01 2013-07-01 false Judicial enforcement. 24.113 Section 24.113 Labor Office of the Secretary of Labor PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISIONS OF SIX ENVIRONMENTAL STATUTES AND SECTION 211 OF THE ENERGY REORGANIZATION ACT OF...

  6. 29 CFR 1987.113 - Judicial enforcement.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 29 Labor 9 2014-07-01 2014-07-01 false Judicial enforcement. 1987.113 Section 1987.113 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER SECTION 402 OF THE FDA FOOD...

  7. 29 CFR 1987.112 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 29 Labor 9 2014-07-01 2014-07-01 false Judicial review. 1987.112 Section 1987.112 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER SECTION 402 OF THE FDA FOOD...

  8. 21 CFR 314.235 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... USE APPLICATIONS FOR FDA APPROVAL TO MARKET A NEW DRUG Hearing Procedures for New Drugs § 314.235... approval of a new drug application, whether or not a hearing has been held, in a United States court of... 21 Food and Drugs 5 2010-04-01 2010-04-01 false Judicial review. 314.235 Section 314.235 Food...

  9. 42 CFR 402.21 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... PROVISIONS CIVIL MONEY PENALTIES, ASSESSMENTS, AND EXCLUSIONS General Provisions § 402.21 Judicial review... penalty, assessment, or exclusion that has become final. The respondent may seek review only with respect to a penalty, assessment, or exclusion with respect to which the respondent filed an exception...

  10. 29 CFR 1978.113 - Judicial enforcement.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Judicial enforcement. 1978.113 Section 1978.113 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR... agreement, the Secretary may file a civil action seeking enforcement of the order in the United...

  11. 29 CFR 1979.113 - Judicial enforcement.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 29 Labor 9 2014-07-01 2014-07-01 false Judicial enforcement. 1979.113 Section 1979.113 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS UNDER SECTION 519 OF THE WENDELL H....

  12. 29 CFR 1979.112 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 29 Labor 9 2012-07-01 2012-07-01 false Judicial review. 1979.112 Section 1979.112 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS UNDER SECTION 519 OF THE WENDELL H....

  13. 29 CFR 1979.112 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 29 Labor 9 2011-07-01 2011-07-01 false Judicial review. 1979.112 Section 1979.112 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS UNDER SECTION 519 OF THE WENDELL H....

  14. 29 CFR 1979.113 - Judicial enforcement.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 29 Labor 9 2011-07-01 2011-07-01 false Judicial enforcement. 1979.113 Section 1979.113 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS UNDER SECTION 519 OF THE WENDELL H....

  15. 29 CFR 1979.113 - Judicial enforcement.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 29 Labor 9 2012-07-01 2012-07-01 false Judicial enforcement. 1979.113 Section 1979.113 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS UNDER SECTION 519 OF THE WENDELL H....

  16. 29 CFR 1979.112 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 29 Labor 9 2014-07-01 2014-07-01 false Judicial review. 1979.112 Section 1979.112 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS UNDER SECTION 519 OF THE WENDELL H....

  17. 29 CFR 1979.113 - Judicial enforcement.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Judicial enforcement. 1979.113 Section 1979.113 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS UNDER SECTION 519 OF THE WENDELL H....

  18. 29 CFR 1979.112 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 29 Labor 9 2013-07-01 2013-07-01 false Judicial review. 1979.112 Section 1979.112 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS UNDER SECTION 519 OF THE WENDELL H....

  19. 29 CFR 1979.113 - Judicial enforcement.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 29 Labor 9 2013-07-01 2013-07-01 false Judicial enforcement. 1979.113 Section 1979.113 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS UNDER SECTION 519 OF THE WENDELL H....

  20. 29 CFR 1979.112 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Judicial review. 1979.112 Section 1979.112 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS UNDER SECTION 519 OF THE WENDELL H....

  1. Traumatic Experiences and Juvenile Amenability: The Role of Trauma in Forensic Evaluations and Judicial Decision Making

    ERIC Educational Resources Information Center

    Riggs Romaine, Christina L.; Goldstein, Naomi E. Sevin; Hunt, Elizabeth; DeMatteo, David

    2011-01-01

    The legal files of 144 juveniles charged as adults in one Pennsylvania county were reviewed to investigate whether trauma-related information was included in evaluations of amenability to treatment and how that information related to legal decisions to keep youth in criminal court or decertify them to the juvenile system. Potentially traumatic…

  2. 28 CFR 8.7 - Judicial forfeiture.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 28 Judicial Administration 1 2012-07-01 2012-07-01 false Judicial forfeiture. 8.7 Section 8.7 Judicial Administration DEPARTMENT OF JUSTICE FBI FORFEITURE AUTHORITY FOR CERTAIN STATUTES § 8.7 Judicial... 5312(a)(3) of title 31 of the United States Code, the Special Agent in Charge of the FBI field...

  3. 28 CFR 8.7 - Judicial forfeiture.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Judicial forfeiture. 8.7 Section 8.7 Judicial Administration DEPARTMENT OF JUSTICE FBI FORFEITURE AUTHORITY FOR CERTAIN STATUTES § 8.7 Judicial... 5312(a)(3) of title 31 of the United States Code, the Special Agent in Charge of the FBI field...

  4. 28 CFR 8.7 - Judicial forfeiture.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 1 2011-07-01 2011-07-01 false Judicial forfeiture. 8.7 Section 8.7 Judicial Administration DEPARTMENT OF JUSTICE FBI FORFEITURE AUTHORITY FOR CERTAIN STATUTES § 8.7 Judicial... 5312(a)(3) of title 31 of the United States Code, the Special Agent in Charge of the FBI field...

  5. 40 CFR 178.65 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 40 Protection of Environment 25 2012-07-01 2012-07-01 false Judicial review. 178.65 Section 178.65... REQUESTS FOR HEARINGS Judicial Review § 178.65 Judicial review. An order issued under § 178.37 is final... of the order in the Federal Register. The failure to file a petition for judicial review within...

  6. 40 CFR 179.125 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 40 Protection of Environment 25 2012-07-01 2012-07-01 false Judicial review. 179.125 Section 179... EVIDENTIARY PUBLIC HEARING Judicial Review § 179.125 Judicial review. (a) The Administrator's final decision... judicial review within the period ending on the 60th day after the date of the publication of the...

  7. 10 CFR 1040.131 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 10 Energy 4 2014-01-01 2014-01-01 false Judicial review. 1040.131 Section 1040.131 Energy... Enforcement Judicial Review § 1040.131 Judicial review. Final DOE actions taken under this part to withhold or terminate Federal financial assistance are subject to judicial review under the following laws: (a) Title...

  8. 49 CFR 98.13 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 49 Transportation 1 2013-10-01 2013-10-01 false Judicial review. 98.13 Section 98.13... ACTIVITIES Judicial Review § 98.13 Judicial review. Any former employee found to have violated 18 U.S.C. 207 by a final administrative decision under this part may seek judicial review of disciplinary...

  9. 19 CFR 207.50 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 19 Customs Duties 3 2011-04-01 2011-04-01 false Judicial review. 207.50 Section 207.50 Customs... EXPORTS TO THE UNITED STATES Judicial Review § 207.50 Judicial review. (a) In general. Persons entitled to judicial review under section 516A of the Act may seek review in the U.S. Court of International Trade....

  10. 40 CFR 178.65 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Judicial review. 178.65 Section 178.65... REQUESTS FOR HEARINGS Judicial Review § 178.65 Judicial review. An order issued under § 178.37 is final... of the order in the Federal Register. The failure to file a petition for judicial review within...

  11. 40 CFR 179.125 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Judicial review. 179.125 Section 179... EVIDENTIARY PUBLIC HEARING Judicial Review § 179.125 Judicial review. (a) The Administrator's final decision... judicial review within the period ending on the 60th day after the date of the publication of the...

  12. 9 CFR 381.215 - Poultry or other articles subject to judicial seizure and condemnation.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 9 Animals and Animal Products 2 2011-01-01 2011-01-01 false Poultry or other articles subject to... INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE AGENCY ORGANIZATION AND TERMINOLOGY; MANDATORY MEAT AND POULTRY PRODUCTS INSPECTION AND VOLUNTARY INSPECTION AND CERTIFICATION POULTRY PRODUCTS INSPECTION...

  13. 9 CFR 381.215 - Poultry or other articles subject to judicial seizure and condemnation.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 9 Animals and Animal Products 2 2012-01-01 2012-01-01 false Poultry or other articles subject to... INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE AGENCY ORGANIZATION AND TERMINOLOGY; MANDATORY MEAT AND POULTRY PRODUCTS INSPECTION AND VOLUNTARY INSPECTION AND CERTIFICATION POULTRY PRODUCTS INSPECTION...

  14. 9 CFR 381.215 - Poultry or other articles subject to judicial seizure and condemnation.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 9 Animals and Animal Products 2 2014-01-01 2014-01-01 false Poultry or other articles subject to... INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE AGENCY ORGANIZATION AND TERMINOLOGY; MANDATORY MEAT AND POULTRY PRODUCTS INSPECTION AND VOLUNTARY INSPECTION AND CERTIFICATION POULTRY PRODUCTS INSPECTION...

  15. 9 CFR 381.215 - Poultry or other articles subject to judicial seizure and condemnation.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 9 Animals and Animal Products 2 2013-01-01 2013-01-01 false Poultry or other articles subject to... INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE AGENCY ORGANIZATION AND TERMINOLOGY; MANDATORY MEAT AND POULTRY PRODUCTS INSPECTION AND VOLUNTARY INSPECTION AND CERTIFICATION POULTRY PRODUCTS INSPECTION...

  16. 9 CFR 381.215 - Poultry or other articles subject to judicial seizure and condemnation.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Poultry or other articles subject to... INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE AGENCY ORGANIZATION AND TERMINOLOGY; MANDATORY MEAT AND POULTRY PRODUCTS INSPECTION AND VOLUNTARY INSPECTION AND CERTIFICATION POULTRY PRODUCTS INSPECTION...

  17. Judicial Recognition of Academic Collective Interests: A New Approach to Faculty Title VII Litigation.

    ERIC Educational Resources Information Center

    Yurko, Richard J.

    1980-01-01

    Faculty Title VII litigation, challenges to the faculty evaluation process, and possible jucidial responses to faculty claims are reviewed. A proposed model would temper judicial interference in faculty employment disputes by informed deferences while preserving the unique character of academic institutions. (Journal availbility: Boston Univ. Law…

  18. Baseball bats and chocolate chip cookies: the judicial treatment of DNA in the myriad genetics litigation.

    PubMed

    Binnie, Ian; Park-Thompson, Vanessa

    2015-06-01

    In June 2013, the U.S. Supreme Court rendered a controversial ruling that naturally occurring DNA segments are "products of nature" and therefore not patentable subject matter. At this intersection between science and law, in litigation of crucial importance to patients, science, and multibillion-dollar biotech enterprises, the appellate judges sidestepped genetics and engaged in a war of metaphors from diamonds to chocolate chip cookies. This case is not an outlier. Apprehensive judges and juries in both Canada and the United States find many convenient excuses to avoid coming to grips with the underlying science in patent cases. But this is simply not acceptable. Legal rulings must be, and must seem to be, well grounded, as a matter of both law and science. The legitimacy of court decisions in the eyes of the stakeholders and the broader public depends on it. PMID:25524722

  19. Baseball bats and chocolate chip cookies: the judicial treatment of DNA in the myriad genetics litigation.

    PubMed

    Binnie, Ian; Park-Thompson, Vanessa

    2014-12-18

    In June 2013, the U.S. Supreme Court rendered a controversial ruling that naturally occurring DNA segments are "products of nature" and therefore not patentable subject matter. At this intersection between science and law, in litigation of crucial importance to patients, science, and multibillion-dollar biotech enterprises, the appellate judges sidestepped genetics and engaged in a war of metaphors from diamonds to chocolate chip cookies. This case is not an outlier. Apprehensive judges and juries in both Canada and the United States find many convenient excuses to avoid coming to grips with the underlying science in patent cases. But this is simply not acceptable. Legal rulings must be, and must seem to be, well grounded, as a matter of both law and science. The legitimacy of court decisions in the eyes of the stakeholders and the broader public depends on it.

  20. 42 CFR 495.110 - Preclusion on administrative and judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... adjustments that apply to EPs beginning with 2015; (3) The methodology and standards for determining whether... eligible hospitals beginning with FY 2015; (3) The methodology and standards for determining whether...

  1. Response to Drash, Raver, and Murrin: Total Habilitation--A Meritorious Concept Requiring Judicious Application.

    ERIC Educational Resources Information Center

    Wolfensberger, Wolf

    1987-01-01

    This response to Drash et al. discusses these issues: the historical context of total habilitation of the retarded; the need for a clear conceptualization of intelligence and social adaptation; and the obstacles of society, the profession, attitudes, and the human service structure to the intensive pedagogic matrix required for total habilitation.…

  2. 42 CFR 495.110 - Preclusion on administrative and judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... an EP is a meaningful EHR user, including— (i) The selection of clinical quality measures; and (ii) The means of demonstrating meaningful EHR use. (4) The methodology and standards for determining the... EP is hospital-based; and (6) The specification of the EHR reporting period, as well as...

  3. 42 CFR 495.110 - Preclusion on administrative and judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... an EP is a meaningful EHR user, including— (i) The selection of clinical quality measures; and (ii) The means of demonstrating meaningful EHR use. (4) The methodology and standards for determining the... EP is hospital-based; and (6) The specification of the EHR reporting period, as well as...

  4. Judicial Rhetoric in a Fragmentary World: "Character" and Storytelling in the Leo Frank Case.

    ERIC Educational Resources Information Center

    Hasian, Marouf, Jr.

    1997-01-01

    Uses the 1913 murder trial of Leo Frank to examine the ways in which "characters" are developed in legal discourse. Focuses attention on the ways in which race, class, and gender are constructed in discussions of Leo Frank's guilt or innocence. Highlights the rhetorical dimensions of direct and cross-examination, closing statements, and press…

  5. Does the punishment fit the crime? Judicial sentencing in adolescent and adult sexual assault cases.

    PubMed

    Du Mont, Janice; Forte, Tania; Badgley, Robin F

    2007-12-01

    This is the first Canadian study to focus directly on whether factors commonly identified as reflecting the seriousness of a sexual assault are noted by judges, and in turn, related to the severity of the sentences they impose. We examined adolescent and adult female sexual assault cases heard in Ontario between 1993 and 2001. Two hundred twenty-one cases were identified using Quicklaw, Canada's most comprehensive on-line legal information system, with data extracted onto a coding instrument. In 201 (91%) of these cases, a perpetrator had been sentenced to prison or jail. Judges reported that in a substantial proportion of these women they had been penetrated (67%), forced (49%), coerced (50%), physically injured (33%), and psychologically harmed (65%). However, only two of the six offence seriousness factors examined were associated with a prison versus jail sentence: the occurrence of vaginal and/or anal penetration and the threat or use of a weapon(s).

  6. Does the punishment fit the crime? Judicial sentencing in adolescent and adult sexual assault cases.

    PubMed

    Du Mont, Janice; Forte, Tania; Badgley, Robin F

    2008-06-01

    This is the first Canadian study to focus directly on whether factors commonly identified as reflecting the seriousness of a sexual assault are noted by judges, and in turn, related to the severity of the sentences they impose. We examined adolescent and adult female sexual assault cases heard in Ontario between 1993 and 2001. Two hundred twenty-one cases were identified using Quicklaw, Canada's most comprehensive on-line legal information system, with data extracted onto a coding instrument. In 201 (91%) of these cases, a perpetrator had been sentenced to prison or jail. Judges reported that in a substantial proportion of these women they had been penetrated (67%), forced (49%), coerced (50%), physically injured (33%), and psychologically harmed (65%). However, only two of the six offence seriousness factors examined were associated with a prison versus jail sentence: the occurrence of vaginal and/or anal penetration and the threat or use of a weapon(s).

  7. Working Smarter, Not Harder: Reaching the Tough to Teach. Part IV--Judicious Review and Synergy

    ERIC Educational Resources Information Center

    Rockwell, Sylvia

    2008-01-01

    Applying a skill or concept learned in isolation to a higher-order thinking problem can elude students who are at risk for school failure. They can complete a page of computation problems in math, but fail to connect those skills to daily challenges and work problems. They can read a chapter in the science book, define key vocabulary, and answer…

  8. Judicious use of kinetin to improve growth and yield of rice in nickel contaminated soil.

    PubMed

    Nazir, Hina; Asghar, Hafiz Naeem; Zahir, Zahir Ahmad; Akhtar, Muhammad Javed; Saleem, Muhammad

    2016-01-01

    The present study was conducted to evaluate the effect of kinetin on growth and yield of rice in the presence and absence of nickel contamination. Rice seedlings were dipped in kinetin solution (10(-3), 10(-4) and 10 M(-5)) for 2 hours and transplanted in pots having soil contaminated with nickel sulfate @ 130 mg kg(-1). Experiment was laid out according to completely randomized design with four replications. Results revealed that kinetin significantly improved growth and yield of rice grown in nickel contamination. Kinetin @ 10(-4) M showed maximum improvement in plant height, paddy yield, 1000 grain weight, number of tillers and panicles up to 9.76, 15.72, 11.77, 11.87, and 10.90%, respectively, as compared to plants grown in contaminated soil without kinetin. Kinetin also improved the uptake of nutrients (NPK) in straw and grain of plants grown in Ni contaminated soil. Plants treated with kinetin had more concentration of Ni in shoot but less in grain compared to plants grown in Ni contaminated soil without application of kinetin. The application of kinetin can reduce stress effect on plants through improvement in the biomass of plant. This strategy could be used to increase the phytoextraction of Ni from the contaminated soil. PMID:26457741

  9. Judicial Enforcement of Educational Safety and Security: The American Experience. Research Article

    ERIC Educational Resources Information Center

    Thro, William

    2006-01-01

    While education is an American constitutional value, the opportunity to pursue an education--particularly to pursue a quality education--is meaningless unless the student is able to pursue his/her educational rights in an environment that is both safe and secure. If students are subjected to sexual and racial harassment, to physical violence, to…

  10. 42 CFR 495.110 - Preclusion on administrative and judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... eligible hospitals— (1) The methodology and standards for determining the incentive payment amounts made to eligible hospitals, including— (i) The estimates or proxies for determining discharges, inpatient-bed-days... EP is hospital-based; and (6) The specification of the EHR reporting period, as well as...

  11. 42 CFR 495.110 - Preclusion on administrative and judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... eligible hospitals— (1) The methodology and standards for determining the incentive payment amounts made to eligible hospitals, including— (i) The estimates or proxies for determining discharges, inpatient-bed-days... EP is hospital-based; and (6) The specification of the EHR reporting period, as well as...

  12. Introspection on Uncertainty and Judicious Help-Seeking during the Preschool Years

    ERIC Educational Resources Information Center

    Coughlin, Christine; Hembacher, Emily; Lyons, Kristen E.; Ghetti, Simona

    2015-01-01

    Little is known about the mechanisms underlying a ubiquitous behavior in preschoolers, help-seeking. We tested the hypothesis that preschoolers' awareness of their own uncertainty is associated with help-seeking. Three-, 4-, and 5-year-olds (N = 125) completed a perceptual identification task twice: once independently and once when they could…

  13. Judicious use of kinetin to improve growth and yield of rice in nickel contaminated soil.

    PubMed

    Nazir, Hina; Asghar, Hafiz Naeem; Zahir, Zahir Ahmad; Akhtar, Muhammad Javed; Saleem, Muhammad

    2016-01-01

    The present study was conducted to evaluate the effect of kinetin on growth and yield of rice in the presence and absence of nickel contamination. Rice seedlings were dipped in kinetin solution (10(-3), 10(-4) and 10 M(-5)) for 2 hours and transplanted in pots having soil contaminated with nickel sulfate @ 130 mg kg(-1). Experiment was laid out according to completely randomized design with four replications. Results revealed that kinetin significantly improved growth and yield of rice grown in nickel contamination. Kinetin @ 10(-4) M showed maximum improvement in plant height, paddy yield, 1000 grain weight, number of tillers and panicles up to 9.76, 15.72, 11.77, 11.87, and 10.90%, respectively, as compared to plants grown in contaminated soil without kinetin. Kinetin also improved the uptake of nutrients (NPK) in straw and grain of plants grown in Ni contaminated soil. Plants treated with kinetin had more concentration of Ni in shoot but less in grain compared to plants grown in Ni contaminated soil without application of kinetin. The application of kinetin can reduce stress effect on plants through improvement in the biomass of plant. This strategy could be used to increase the phytoextraction of Ni from the contaminated soil.

  14. Scholars as Policy Actors: Research, Public Discourse, and the Zone of Judicial Constraints

    ERIC Educational Resources Information Center

    Welner, Kevin G.

    2012-01-01

    Courts, students are told, will protect minorities' legal rights against popular sentiment and political pressure. But courts can be expected to protect rights only within boundaries shaped in part by popular and political opinion. This suggests that litigation outcomes regarding education rights issues will depend on shifting the policymaking…

  15. Education and Equity Finance: A Look at Judicial Decisions in Four States.

    ERIC Educational Resources Information Center

    Howe, Warren P.

    1999-01-01

    Analyzes six issues collectively addressed in school-finance-equity rulings by the supreme courts of New Jersey, Vermont, Ohio, and New Hampshire: responsibility for public education, court jurisdiction, constitutional definitions of an efficient/thorough education, district funding levels, state education-finance systems, and property-tax/funding…

  16. 77 FR 30025 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-05-21

    ... of Practice and Procedure will hold a two-day meeting. The meeting will be open to public observation... Federal Judiciary Building, Mecham Conference Center, One Columbus Circle NE., Washington, DC 20544....

  17. 78 FR 21977 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-04-12

    ... Open Meeting. SUMMARY: The Committee on Rules of Practice and Procedure will hold a two-day meeting..., One Columbus Circle NE., Washington, DC 20544. FOR FURTHER INFORMATION CONTACT: Jonathan C....

  18. 76 FR 27089 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-05-10

    ... Open Meeting. SUMMARY: The Committee on Rules of Practice and Procedure will hold a two-day meeting..., One Columbus Circle, NE., Washington, DC 20544. FOR FURTHER INFORMATION CONTACT: Peter G....

  19. 77 FR 12078 - Meeting of the Judicial Conference Advisory Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-02-28

    ...: Notice of open meeting. SUMMARY: The Committee on Rules of Practice and Procedure will hold a two-day... Center, One Columbus Circle NE., Washington, DC 20544. FOR FURTHER INFORMATION CONTACT: Benjamin...

  20. Expanding ADA coverage to employee benefit plans: recent judicial and administrative developments.

    PubMed

    Mook, J R

    1995-01-01

    The Americans with Disabilities Act has been heralded as the Emancipation Proclamation for persons with disabilities. The purpose of the law is to provide nothing less than a "clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities." Precisely how the nondiscrimination principles of the ADA will be applied to an employer's provision of health benefits to its employees has been the subject of much debate since the Act's passage in 1990. Although the statutory language and the legislative history support a limited application of the ADA to benefits issues, recent court decisions and enforcement actions by the Equal Employment Opportunity Commission indicate that the ADA may have a much more profound impact in the area of benefits plan design and administration. Moreover, as benefits administrators take a much more active role in managing health care decisions, the ADA may become a vehicle for legal challenges to those decisions that affect the disabled. PMID:10172245

  1. 12 CFR 1102.37 - Decision of the Subcommittee and judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... review. At a reasonable time after the end of the information-gathering phase of the proceeding, but not... deems appropriate, in the matter and shall cause the decision to be published promptly in the...

  2. 12 CFR 1102.37 - Decision of the Subcommittee and judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... review. At a reasonable time after the end of the information-gathering phase of the proceeding, but not... deems appropriate, in the matter and shall cause the decision to be published promptly in the...

  3. 12 CFR 1102.37 - Decision of the Subcommittee and judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... review. At a reasonable time after the end of the information-gathering phase of the proceeding, but not... deems appropriate, in the matter and shall cause the decision to be published promptly in the...

  4. 75 FR 11560 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-03-11

    ... open meeting. SUMMARY: The Committee on Rules of Practice and Procedure will hold a two-day meeting..., One Columbus Circle, NE., Washington, DC 20544. FOR FURTHER INFORMATION CONTACT: John K. Rabiej,...

  5. 76 FR 12315 - Committees on Collaborative Governance, Regulation, Rulemaking, Judicial Review, and Adjudication

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-03-07

    ..., March 25, 2011, from 9 a.m. to 12 noon. Designated Federal Officer: Emily F. Schleicher. Committee on.... Schleicher and Jonathan R. Siegel. Date: Monday, March 28, 2011, from 2 p.m. to 5 p.m. Designated...

  6. Building Irish families through surrogacy: medical and judicial issues for the advanced reproductive technologies

    PubMed Central

    Sills, Eric Scott; Healy, Clifford M

    2008-01-01

    Surrogacy involves one woman (surrogate mother) carrying a child for another person/s (commissioning person/couple), based on a mutual agreement requiring the child to be handed over to the commissioning person/couple following birth. Reasons for seeking surrogacy include situations where a woman has non-functional or absent reproductive organs, or as a remedy for recurrent pregnancy loss. Additionally, surrogacy may find application in any medical context where pregnancy is contraindicated, or where a couple consisting of two males seek to become parents through oocyte donation. Gestational surrogacy is one of the main issues at the forefront of bioethics and the advanced reproductive technologies, representing an important challenge to medical law. This analysis reviews the history of surrogacy and clinical and legal issues pertaining to this branch of reproductive medicine. Interestingly, the Medical Council of Ireland does not acknowledge surrogacy in its current practice guidelines, nor is there specific legislation addressing surrogacy in Ireland at present. We therefore have developed a contract-based model for surrogacy in which, courts in Ireland may consider when confronted with a surrogacy dispute, and formulated a system to resolve any potential dispute arising from a surrogacy arrangement. While the 2005 report by the Commission on Assisted Human Reproduction (CAHR) is an expert opinion guiding the Oireachtas' development of specific legislation governing assisted human reproduction and surrogacy, our report represents independent scholarship on the contractual elements of surrogacy with particular focus on how Irish courts might decide on surrogacy matters in a modern day Ireland. This joint medico-legal collaborative also reviews the contract for services arrangement between the commissioning person/s and the surrogate, and the extent to which the contract may be enforced. PMID:18983640

  7. 78 FR 76177 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-12-16

    ...On January 9, 2014, the Advisory Committee on Rules of Civil Procedure will hold a one-day public hearing on the proposed amendments to Civil Rules 1, 4, 6, 16, 26, 30, 31, 33, 34, 36, 37, 55, 84, and Appendix of...

  8. 17 CFR 201.514 - Temporary cease-and-desist orders: Judicial review; duration.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... Section 8A(d)(2) of the Securities Act, 15 U.S.C. 77h-1(d)(2), Section 21C(d)(2) of the Exchange Act, 15 U.S.C. 78u-3(d)(2), Section 9(f)(4)(B) of the Investment Company Act, 15 U.S.C. 80a-9(f)(4)(B), or... 17 Commodity and Securities Exchanges 2 2013-04-01 2013-04-01 false Temporary...

  9. 17 CFR 201.514 - Temporary cease-and-desist orders: Judicial review; duration.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... Section 8A(d)(2) of the Securities Act, 15 U.S.C. 77h-1(d)(2), Section 21C(d)(2) of the Exchange Act, 15 U.S.C. 78u-3(d)(2), Section 9(f)(4)(B) of the Investment Company Act, 15 U.S.C. 80a-9(f)(4)(B), or... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Temporary...

  10. 17 CFR 201.514 - Temporary cease-and-desist orders: Judicial review; duration.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... Section 8A(d)(2) of the Securities Act, 15 U.S.C. 77h-1(d)(2), Section 21C(d)(2) of the Exchange Act, 15 U.S.C. 78u-3(d)(2), Section 9(f)(4)(B) of the Investment Company Act, 15 U.S.C. 80a-9(f)(4)(B), or... 17 Commodity and Securities Exchanges 2 2012-04-01 2012-04-01 false Temporary...

  11. 17 CFR 201.514 - Temporary cease-and-desist orders: Judicial review; duration.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... Section 8A(d)(2) of the Securities Act, 15 U.S.C. 77h-1(d)(2), Section 21C(d)(2) of the Exchange Act, 15 U.S.C. 78u-3(d)(2), Section 9(f)(4)(B) of the Investment Company Act, 15 U.S.C. 80a-9(f)(4)(B), or... 17 Commodity and Securities Exchanges 2 2011-04-01 2011-04-01 false Temporary...

  12. Police shootings against civilians in Portugal: Contextual, forensic medical and judicial characterization.

    PubMed

    Rodrigues, Ezequiel; Faria, Paula; Santos, Agostinho; Fraga, Sílvia

    2015-07-01

    The aim of this study was to analyse the circumstances, the forensic assessment and the legal assessment of police shootings of civilians, according to the severity of the victim's injuries. Sixty-nine cases tried in Portuguese criminal courts were analysed. Of the 32 cases that resulted in death, 16 were on the public thoroughfare and 13 were in the victim's vehicle or in third-party vehicles. The majority of the lethal cases occurred when the region of the body hit was the thorax/abdomen. The firearm most frequently used was a semi-automatic 9 mm pistol. In cases resulting in death police officers involved were convicted whilst those involved in non-lethal cases were acquitted. The results of this study can be taken into account by Portuguese authorities for the implementation of policies that will allow the restriction of firearms use by police officers to situations of imminent danger of death or serious injury and that will make it possible to avoid shooting at fleeing civilians.

  13. Police shootings against civilians in Portugal: Contextual, forensic medical and judicial characterization.

    PubMed

    Rodrigues, Ezequiel; Faria, Paula; Santos, Agostinho; Fraga, Sílvia

    2015-07-01

    The aim of this study was to analyse the circumstances, the forensic assessment and the legal assessment of police shootings of civilians, according to the severity of the victim's injuries. Sixty-nine cases tried in Portuguese criminal courts were analysed. Of the 32 cases that resulted in death, 16 were on the public thoroughfare and 13 were in the victim's vehicle or in third-party vehicles. The majority of the lethal cases occurred when the region of the body hit was the thorax/abdomen. The firearm most frequently used was a semi-automatic 9 mm pistol. In cases resulting in death police officers involved were convicted whilst those involved in non-lethal cases were acquitted. The results of this study can be taken into account by Portuguese authorities for the implementation of policies that will allow the restriction of firearms use by police officers to situations of imminent danger of death or serious injury and that will make it possible to avoid shooting at fleeing civilians. PMID:26048497

  14. Differentiated Jurisprudence? Examining Students' Fourth Amendment Court Decisions by Region of Country

    ERIC Educational Resources Information Center

    Torres, Mario S., Jr.

    2012-01-01

    This study examined federal and state court decisions related to student Fourth Amendment rights following the "New Jersey v. T.L.O." ruling in 1985. There has been minimal research in judicial treatment of students' Fourth Amendment rights across regions of the country and less to what extent regional rulings implicitly or explicitly transmit…

  15. Medical experiments on persons with special needs, a comparative study of Islamic jurisprudence vs. Arab laws: UAE law as case study.

    PubMed

    Hammad, Hamza Abed Al-Karim

    2014-01-01

    This article is a comparative study of medical experiments on persons with special needs in Islamic jurisprudence and Arab laws; United Arab Emirates (UAE) law as case study. The current study adopts a comparative analytical and descriptive approach. The conclusion of this study points out that the Convention on the Rights of Persons with Special Needs, ratified by a number of Arab States, including the United Arab Emirates, approves conducting medical experiments on persons with special needs, subject to their free consent. As a result of ratifying this Convention, a number of special laws were enacted to be enforced in the United Arab Emirates. On the other hand, this issue is controversial from an Islamic jurisprudence point of view. One group of jurisprudents permits conducting these experimentations if they are designed to treat the person involved, and prohibits such experimentations for scientific advancement. Other jurisprudents permit conducting medical experimentations on persons with special needs, whether the purpose of such experimentations is treatment of the disabled or achieving scientific advancement. The opinion of this group is consistent with the International Convention and the Arab laws in this respect. However, neither the Convention nor the Arab laws regulate this matter by specific and comprehensive conditions, as addressed by some contemporary scholars. It is recommended that the Convention and the Arab laws adopt these conditions. Additionally, the Convention does not state whether the experimentations may be conducted for the interest of the person with disability or for the purpose of scientific advancement. The text of the Convention is unclear and therefore requires further illumination.

  16. Judicial Decisions in the Field of Labour Law.

    ERIC Educational Resources Information Center

    International Labour Review, 1993

    1993-01-01

    Summarizes recent judicial decisions in various countries concerning application of general legal principles to labor law, access to employment, conditions of employment, occupational safety and health, social security, and labor relations. (Author/SK)

  17. The occurrence of cervical fractures in victims of judicial hanging.

    PubMed

    James, R; Nasmyth-Jones, R

    1992-04-01

    Cervical vertebrae from 34 victims of judicial hanging were examined. In only six cases was there a fracture of the axis and only one other fracture was seen in the series. The fractures were of two types. Three were the traditional 'Hangman's fracture' whilst three were of a type previously unreported. The incidence of fracture was unassociated with drop, date age or hangman. The results of the post mortems on these subjects were reviewed and found to be grossly inaccurate with regard to fractures. The results indicate that the traditional hangman's fracture occurred in only a small proportion of cases of judicial hanging. The cause of fractures and cause of death in judicial hanging are discussed with a brief history of judicial hanging in this country.

  18. 29 CFR 31.11 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 § 31.11 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. ... 29 Labor 1 2012-07-01 2012-07-01 false Judicial review. 31.11 Section 31.11 Labor Office of...

  19. 29 CFR 31.11 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 § 31.11 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. ... 29 Labor 1 2011-07-01 2011-07-01 false Judicial review. 31.11 Section 31.11 Labor Office of...

  20. 6 CFR 13.42 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 6 Domestic Security 1 2011-01-01 2011-01-01 false Judicial review. 13.42 Section 13.42 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY PROGRAM FRAUD CIVIL REMEDIES § 13.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an...

  1. 6 CFR 13.42 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 6 Domestic Security 1 2012-01-01 2012-01-01 false Judicial review. 13.42 Section 13.42 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY PROGRAM FRAUD CIVIL REMEDIES § 13.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an...

  2. Teaching about Judicial Review. ERIC Digest.

    ERIC Educational Resources Information Center

    Patrick, John J.

    Judicial review is a fundamental facet of constitutional government in the United States. Invented during the founding of the United States, judicial review has spread to most constitutional democracies of the world. This digest discusses: (1) the concept of judicial review; (2) the origin of this concept; (3) the uses of this concept in U.S.…

  3. 29 CFR 16.307 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 29 Labor 1 2013-07-01 2013-07-01 false Judicial review. 16.307 Section 16.307 Labor Office of the Secretary of Labor EQUAL ACCESS TO JUSTICE ACT Procedures for Considering Applications § 16.307 Judicial review. Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C....

  4. 49 CFR 6.37 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 49 Transportation 1 2013-10-01 2013-10-01 false Judicial review. 6.37 Section 6.37 Transportation Office of the Secretary of Transportation IMPLEMENTATION OF EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS Procedures for Considering Applications § 6.37 Judicial review. Judicial review of final...

  5. 29 CFR 31.11 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 29 Labor 1 2014-07-01 2013-07-01 true Judicial review. 31.11 Section 31.11 Labor Office of the... OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 § 31.11 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act....

  6. 29 CFR 22.42 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 29 Labor 1 2013-07-01 2013-07-01 false Judicial review. 22.42 Section 22.42 Labor Office of the Secretary of Labor PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 § 22.42 Judicial review. Section 3805 of title 31 U.S.C., authorizes judicial review by an appropriate United States District Court of a...

  7. 34 CFR 33.42 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 34 Education 1 2012-07-01 2012-07-01 false Judicial review. 33.42 Section 33.42 Education Office of the Secretary, Department of Education PROGRAM FRAUD CIVIL REMEDIES ACT § 33.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate United...

  8. 45 CFR 80.11 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 45 Public Welfare 1 2012-10-01 2012-10-01 false Judicial review. 80.11 Section 80.11 Public... THE CIVIL RIGHTS ACT OF 1964 § 80.11 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. (Sec. 603, 78 Stat. 253, (42...

  9. 34 CFR 100.11 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 34 Education 1 2012-07-01 2012-07-01 false Judicial review. 100.11 Section 100.11 Education... TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 § 100.11 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. (Authority: Sec....

  10. 42 CFR 414.920 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 42 Public Health 3 2012-10-01 2012-10-01 false Judicial review. 414.920 Section 414.920 Public... Biologicals Under Part B § 414.920 Judicial review. The following areas under the CAP are not subject to administrative or judicial review: (a) The establishment of payment amounts. (b) The awarding of vendor...

  11. 43 CFR 17.10 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 43 Public Lands: Interior 1 2012-10-01 2011-10-01 true Judicial review. 17.10 Section 17.10 Public Lands: Interior Office of the Secretary of the Interior NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS... § 17.10 Judicial review. Action taken pursuant to section 602 of the act is subject to judicial...

  12. 40 CFR 209.36 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 40 Protection of Environment 26 2012-07-01 2011-07-01 true Judicial review. 209.36 Section 209.36... Orders Issued Under Section 11(d) of the Noise Control Act § 209.36 Judicial review. (a) The... copy of any petition for judicial review shall be served. That officer shall be responsible for...

  13. 45 CFR 611.11 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 45 Public Welfare 3 2014-10-01 2014-10-01 false Judicial review. 611.11 Section 611.11 Public... CIVIL RIGHTS ACT OF 1964 § 611.11 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act....

  14. 43 CFR 17.10 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 43 Public Lands: Interior 1 2013-10-01 2013-10-01 false Judicial review. 17.10 Section 17.10... Origin § 17.10 Judicial review. Action taken pursuant to section 602 of the act is subject to judicial review as provided in section 603 of the act....

  15. 20 CFR 355.42 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 20 Employees' Benefits 1 2013-04-01 2012-04-01 true Judicial review. 355.42 Section 355.42... REGULATIONS UNDER THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 § 355.42 Judicial review. Section 3805 of title 31 U.S. Code authorizes judicial review by an appropriate U.S. District Court of a final decision...

  16. 10 CFR 13.42 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 10 Energy 1 2012-01-01 2012-01-01 false Judicial review. 13.42 Section 13.42 Energy NUCLEAR REGULATORY COMMISSION PROGRAM FRAUD CIVIL REMEDIES § 13.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a...

  17. 29 CFR 16.307 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 29 Labor 1 2014-07-01 2013-07-01 true Judicial review. 16.307 Section 16.307 Labor Office of the Secretary of Labor EQUAL ACCESS TO JUSTICE ACT Procedures for Considering Applications § 16.307 Judicial review. Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C....

  18. 10 CFR 501.69 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 10 Energy 4 2014-01-01 2014-01-01 false Judicial review. 501.69 Section 501.69 Energy DEPARTMENT... Certifications § 501.69 Judicial review. Any person aggrieved by any order issued by OFE under this subpart, must... judicial review in the United States Court of Appeals for the Circuit wherein he resides, or has...

  19. 49 CFR 1016.310 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 49 Transportation 8 2014-10-01 2014-10-01 false Judicial review. 1016.310 Section 1016.310 Transportation Other Regulations Relating to Transportation (Continued) SURFACE TRANSPORTATION BOARD, DEPARTMENT... Judicial review. Judicial review of final Board decisions on awards may be sought as provided in 5...

  20. 45 CFR 13.28 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 45 Public Welfare 1 2012-10-01 2012-10-01 false Judicial review. 13.28 Section 13.28 Public... TO JUSTICE ACT IN AGENCY PROCEEDINGS Procedures for Considering Applications § 13.28 Judicial review. Judicial review of final agency decisions on awards may be obtained as provided in 5 U.S.C. 504(c)(2)....