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

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…

The Effectiveness of Discipline/Judicial Processes on Catholic Campuses as Measured by the Rate of Recidivism

ERIC Educational Resources Information Center

O'Reilly, Frances L.; Evans, Roberta D.

2007-01-01

University and college campuses in the United States utilize disciplinary/judicial processes to help address student behavioral problems. These include administrative, majority-peer, and minority-peer processes. This descriptive research was undertaken to find which of these three discipline/judicial processes were the most effective. The…

Eye on the Judicial Process.

ERIC Educational Resources Information Center

Shea, Christopher

1994-01-01

A growing number of college students report that campus judicial systems are more concerned with political correctness than with fairness, or that the systems are unfair regardless of the discipline issue, and complain about the secrecy of proceedings. Shift from a paternalistic discipline policy to a legalistic one is seen. (MSE)

20 CFR 405.501 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Judicial review. 405.501 Section 405.501 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Judicial Review § 405.501 Judicial review. You may file an action in a Federal district...

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

Code of Federal Regulations, 2011 CFR

2011-07-01

... involving ecological accidents. 576.508 Section 576.508 Money and Finance: Treasury Regulations Relating to... § 576.508 Judicial process in legal proceedings involving ecological accidents. The Office of Foreign... accident (including an oil spill) that occurred after May 22, 2003. ...

Judicial virtues and decision-making in the VCAT Guardianship List.

PubMed

Polkinghorn, Richard

2014-06-01

The contemporary legal theory of virtue jurisprudence provides great insight into the proper practice of Australian tribunal members and the desired operation of tribunals. Virtue jurisprudence identifies the attributes of "good" tribunal members and provides guidance on how legal disputes should be decided. This article focuses on the fundamental virtues relevant to tribunal practice in the Guardianship List of the Victorian Civil and Administrative Tribunal. The special features of this tribunal jurisdiction, particularly the disadvantaged nature of its primary client group, require tribunal members to undertake a fact-finding, inquisitorial role, as well as a support and advisory role. Decision-makers must also become conversant with expert evidence and the process of testing expert evidence; they cannot simply defer to the expert on issues of decision-making capacity. This analysis considers the fundamental breaches of human rights that occur when tribunal members fail to execute this multilevel task properly.

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.

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.

The judicial process: an overview from the TDA Council on Ethics and Judicial Affairs.

PubMed

Burk, Roy N

2011-08-01

From time to time, the Council on Ethics and Judicial Affairs must investigate and act on the alleged unethical behavior of Texas Dental Association members. Because the alleged behavior is directed at a colleague and TDA member, the work of the council is neither comfortable nor inviting. Nonetheless, council decisions are made taking into account its mission to investigate the allegation between the parties and to improve dental ethics in the state.

32 CFR 518.18 - Judicial actions.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Judicial actions. 518.18 Section 518.18 National... RELATIONS THE FREEDOM OF INFORMATION ACT PROGRAM Release and Processing Procedures § 518.18 Judicial actions... disciplinary action is warranted. The Army Activity is obligated to take the action recommended by the special...

32 CFR 518.18 - Judicial actions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 3 2011-07-01 2009-07-01 true Judicial actions. 518.18 Section 518.18 National... RELATIONS THE FREEDOM OF INFORMATION ACT PROGRAM Release and Processing Procedures § 518.18 Judicial actions... disciplinary action is warranted. The Army Activity is obligated to take the action recommended by the special...

'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. © The Author [2014]. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

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…

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.

[Mistakes and omissions in judicial reports prepared in emergency services].

PubMed

Turla, Ahmet; Aydin, Berna; Sataloğlu, Neva

2009-03-01

We aimed in this study to determine any mistakes or omissions made while preparing judicial reports, which contribute to the judicial process. In this study, we evaluated as samples 351 judicial reports of victims who applied to the Emergency Service of Ondokuz Mayis University between January 1, 2005 and December 31, 2005 with respect to the judicial facts, and we recorded any mistakes or omissions of data in these reports. We determined that there was no record of age in 6% of the judicial reports, of examination time in 71.8%, of traumatic lesion or not in 30.5%, of the state of consciousness in 58.7%, and of the presence or not of life-threatening risks in 2.6%. The name of the physician who prepared the report was not provided in 8.0% of the reports. The most important omission is that none of the reports had the name, surname or signature of the person who had taken the prepared report. We concluded that, after graduation, it is necessary for physicians, who are responsible for both treating the patients and writing judicial reports, to attend in-service training programs. They must also be properly advised regarding their responsibilities in judicial cases.

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…

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.

The effectiveness of clinical problem-based learning model of medico-jurisprudence education on general law knowledge for Obstetrics/Gynecological interns.

PubMed

Chang, Hui-Chin; Wang, Ning-Yen; Ko, Wen-Ru; Yu, You-Tsz; Lin, Long-Yau; Tsai, Hui-Fang

2017-06-01

The effective education method of medico-jurisprudence for medical students is unclear. The study was designed to evaluate the effectiveness of problem-based learning (PBL) model teaching medico-jurisprudence in clinical setting on General Law Knowledge (GLK) for medical students. Senior medical students attending either campus-based law curriculum or Obstetrics/Gynecology (Ob/Gyn) clinical setting morning meeting from February to July in 2015 were enrolled. A validated questionnaire comprising 45 questions were completed before and after the law education. The interns attending clinical setting small group improvisation medico-jurisprudence problem-based learning education had significantly better GLK scores than the GLK of students attending campus-based medical law education course after the period studied. PBL teaching model of medico-jurisprudence is an ideal alternative pedagogy model in medical law education curriculum. Copyright © 2017. Published by Elsevier B.V.

The critical perspective in psychological jurisprudence theoretical advances and epistemological assumptions.

PubMed

Arrigo, Bruce A

2002-01-01

The critical perspectives of psychological jurisprudence identified above, along with their corresponding epistemological assumptions, reflect a radical agenda for change at the law-psychology divide. Although not exhaustively reviewed, the individual theories represent different approaches by which structural reform can be enacted and citizen well-being can therefore be realized. Collectively, the critical perspectives and their attending presuppositions challenge conventional wisdom about prospects for transforming (i.e., humanizing) the legal apparatus. I submit that the future viability of the law-psychology movement, and its overall utility for society, considerably depends on its capacity to facilitate and secure such widespread change. By focusing on critical theoretical inquiry, this article makes painfully clear that much of what is wrong with the legal system, especially in its interactions with and interpretations of people, cannot be amended or solved through it. Indeed, as Roesch (1995) observed, "changes in the justice system will never be sufficient to create a just society, nor will within system changes by themselves ever have much of an impact on individuals who come into conflict with the law" (p. 3). I agree. Accordingly, it is time to move on and, where necessary, to look elsewhere for guidance. The radical agenda in psychological jurisprudence represents a provocative strategy, providing a meaningful basis for critique and a sustainable basis for reform. Both are integral to the call for justice embodied in the founding of the AP-LS decades ago. Realizing this challenge, however, remains an unfulfilled dream. Thus, the task that awaits is to apply the insights of critical psychological jurisprudence to relevant areas of research and policy. I submit that the academy can ill afford to dismiss this task. Indeed, in the final analysis, to do so would not only defer prospects for justice but would destroy its very possibility, especially for

[Judicial institutions of medical experts].

PubMed

Godoy, Roberto Lm

2016-05-01

This article considers the evolutive process that judicial organisms of medical experts have experienced in Argentina since their creation and formulates a proposal for its adequacy and modernization. Due to multiple and various evolutive factors, judicial organisms managing medicolegal expert activities show, nowadays, signals that a structural and dynamic reform is needed. They remain as organizational units of Public Administration and their effectiveness and efficiency depends not only of a scientific criteria but a managing one. The present and future challenge will be their conceptual transformation, from "corporate scientific entities" to "public-service-providing units" within the justice administration system.

The beneficial role of a judicial process when "everything" is too much?

PubMed

Handelman, Mark; Parke, Bob

2008-01-01

This narrative is written with the intent to encourage physicians as well as other healthcare professionals to use judicial processes, such as those provided by the Ontario Consent and Capacity Board, to help resolve conflict with treatment decisions between care providers and decision-makers. Through the presentation of a fictional yet common case scenario, it is argued that after all attempts at mediation have been attempted that the timely use of a third party is in the patient's, the family's and the healthcare team's best interests.

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…

Legal Terms Used in Reception Order and their Relevance to Judicial Process.

PubMed

Subramanian, Nakkeerar; Ramanathan, Rajkumar; Kumar, Venkatesh Madhan; Chellappan, Dhanabalan Kalingarayan Palayam; Ramasamy, Jeyaprakash

2016-01-01

Law governs the admission and management of involuntary admissions of mentally ill persons who are admitted under the provisions of the mental health act. The court directs the doctor to take charge of such persons. In the further dealings of such person the medical officer of the psychiatric facility comes across legal terms, which require understanding so that patients could be dealt with properly. Various terms such as accused, under police custody, judicial custody, remand prisoner, or under trial prisoner are used to denote their legal status. It is imperative for the medical officer to understand the nuances in the meanings of these terms. There are many times when the relevant section under which the admission is ordered is not found in the reception order. In these cases the terminology by which the patient is mentioned throws a light on the status of the patient. Towards this aim a study was carried out to assess the awareness and understanding of such terms by the faculty and post- graduates of a tertiary care hospital that deals with the admission and care of such patients. They were administered a questionnaire containing these terms and asked to provide the meaning of these terms. The results showed that nearly half the faculty and students were not having clarity in awareness or understanding of the terms. Hence these terms and their meanings were gleaned from various judgments. The proper meaning of these terms and their use in judicial process and their importance is discussed.

Legal Terms Used in Reception Order and their Relevance to Judicial Process

PubMed Central

Subramanian, Nakkeerar; Ramanathan, Rajkumar; Kumar, Venkatesh Madhan; Chellappan, Dhanabalan Kalingarayan Palayam; Ramasamy, Jeyaprakash

2016-01-01

Introduction: Law governs the admission and management of involuntary admissions of mentally ill persons who are admitted under the provisions of the mental health act. The court directs the doctor to take charge of such persons. In the further dealings of such person the medical officer of the psychiatric facility comes across legal terms, which require understanding so that patients could be dealt with properly. Various terms such as accused, under police custody, judicial custody, remand prisoner, or under trial prisoner are used to denote their legal status. It is imperative for the medical officer to understand the nuances in the meanings of these terms. There are many times when the relevant section under which the admission is ordered is not found in the reception order. In these cases the terminology by which the patient is mentioned throws a light on the status of the patient. Towards this aim a study was carried out to assess the awareness and understanding of such terms by the faculty and post- graduates of a tertiary care hospital that deals with the admission and care of such patients. Method: They were administered a questionnaire containing these terms and asked to provide the meaning of these terms. Results: The results showed that nearly half the faculty and students were not having clarity in awareness or understanding of the terms. Discussion: Hence these terms and their meanings were gleaned from various judgments. The proper meaning of these terms and their use in judicial process and their importance is discussed. PMID:27833226

A Nationwide Survey of Judicial Systems in Large Institutions of Higher Education

ERIC Educational Resources Information Center

Ostroth, D. David; And Others

1978-01-01

Recent developments in student judicial (disciplinary) systems were surveyed at large institutions of higher education. The past five years have seen more standardization of procedural due process and some growth in judicial structures. The dean of students office, instead of student judicial committee(s), still conducts the majority of…

Disability inquiries shorn from Chicago's judicial review process.

PubMed

1997-03-07

The Chicago Bar Association changed the wording of the questions it routinely asks judicial candidates for election and appointment to the bench. Prior to the change, the request for information was so broad that the bar association could learn the candidate's HIV status through a questionnaire that gave the result of the candidate's last physical examination. The new wording better reflects the spirit and intent of the Americans with Disabilities Act (ADA).

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. ...

28 CFR 42.735 - Judicial review.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 28 Judicial Administration 1 2014-07-01 2014-07-01 false Judicial review. 42.735 Section 42.735 Judicial Administration DEPARTMENT OF JUSTICE NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND... of the Age Discrimination Act of 1975 Compliance Procedures § 42.735 Judicial review. A final...

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 court...

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 court...

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 court...

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 court...

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 court...

28 CFR 32.55 - Judicial appeal.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Judicial appeal. 32.55 Section 32.55 Judicial Administration DEPARTMENT OF JUSTICE PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS Director Appeals and Reviews § 32.55 Judicial appeal. (a) Consistent with § 32.8...

28 CFR 32.55 - Judicial appeal.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 28 Judicial Administration 1 2011-07-01 2011-07-01 false Judicial appeal. 32.55 Section 32.55 Judicial Administration DEPARTMENT OF JUSTICE PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS Director Appeals and Reviews § 32.55 Judicial appeal. (a) Consistent with § 32.8...

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 judicial...

31 CFR 341.7 - Judicial proceedings.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Judicial proceedings. 341.7 Section... BONDS § 341.7 Judicial proceedings. No judicial determinations will be recognized which would give... against a registered owner will be recognized when established by valid judicial proceedings, but in no...

31 CFR 346.7 - Judicial proceedings.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Judicial proceedings. 346.7 Section... RETIREMENT BONDS § 346.7 Judicial proceedings. No judicial determination will be recognized which would give... claim against a registered owner will be recognized when established by valid judicial proceedings, but...

50 CFR 296.15 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 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 judicial...

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)

37 CFR 11.802 - Judicial and legal officials.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 37 Patents, Trademarks, and Copyrights 1 2014-07-01 2014-07-01 false Judicial and legal officials... Rules of Professional Conduct Maintaining the Integrity of the Profession § 11.802 Judicial and legal..., adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or...

37 CFR 11.802 - Judicial and legal officials.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 37 Patents, Trademarks, and Copyrights 1 2013-07-01 2013-07-01 false Judicial and legal officials... Rules of Professional Conduct Maintaining the Integrity of the Profession § 11.802 Judicial and legal..., adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or...

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 or...

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 or...

32 CFR 776.67 - Judicial and legal officers.

Code of Federal Regulations, 2013 CFR

2013-07-01

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

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 order...

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

PubMed

Redlich, Allison D; Han, Woojae

2014-04-01

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

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 office...

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 office...

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 office...

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 the...

Managing the Judicial Function in Student Affairs.

ERIC Educational Resources Information Center

Steele, Brenton H.; And Others

1984-01-01

Surveyed chief student affairs officers at 264 colleges and universities regarding the administration of judicial affairs and judicial policies and procedures. Results showed 88 percent of the schools did not have a judicial affairs office. Over half felt no change in judicial programs was needed. (JAC)

John Porter Book Prize Lecture: Bringing the Social Back In-On the Integration of Muslim Immigrants and the Jurisprudence of Muslim Minorities.

PubMed

Kazemipur, Abdolmohammad

2016-11-01

In much of the academic debate on the integration of Muslims into Western liberal democracies, Islam is often treated as one or the sole independent variable in the lives of Muslims. Offering to view Islam-or the understanding of Islam among Muslims-as the dependent variable, The Muslim Question in Canada discusses the influence of socioeconomic forces in shaping the Muslim immigrants' opinions, modes of thinking, and even interpretations of their faith. Drawing on this general approach, which is introduced and developed in the book using a variety of both quantitative and qualitative data, this article focuses on a school of thought within the Islamic jurisprudence known as fiqh al-aqalliyyat al-Muslema (the jurisprudence of Muslim minorities). The premise of the jurisprudence of Muslim minorities is that the lived realities of Muslims who reside in non-Muslim countries are so fundamentally different from those of the Muslim-majority nations that traditional Islamic jurisprudence cannot offer meaningful solutions for their problems. Therefore, there is a need to establish an entirely different jurisprudential approach centered around the lives of the Muslim minorities. The purpose of the bulk of jurisprudential theorization efforts in this line of reasoning is to facilitate the lives of the Muslim minorities; as well, they aim to create a foundation for the moral obligations of Muslims toward non-Muslims in such environments. I argue that a crucial element that triggers such a development is the existence of a positive relationship between Muslims and non-Muslims in immigrant-receiving countries. Souvent au sein des débats sur l'intégration des Musulmans dans des démocraties libérales de l'Ouest, l'Islam est traité comme un ou le seul enjeu dans la vie des fidèles. The Muslim Question in Canada examine l'Islam ou la compréhension de l'Islam chez les Musulmans comme un enjeu dépendent et aborde l'influence des forces socio-économiques sur les opinons des

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... HOMELAND SECURITY INSURANCE AND HAZARD MITIGATION National Flood Insurance Program SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS Claims Adjustment, Claims Appeals, and Judicial Review § 62.22 Judicial review. (a) Upon...

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 final...

[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

15 CFR 18.23 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false Judicial review. 18.23 Section 18.23 Commerce and Foreign Trade Office of the Secretary of Commerce ATTORNEY'S FEES AND OTHER EXPENSES Procedures for Considering Applications § 18.23 Judicial review. Judicial review of final agency decisions on...

47 CFR 1.1529 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 47 Telecommunication 1 2010-10-01 2010-10-01 false Judicial review. 1.1529 Section 1.1529 Telecommunication FEDERAL COMMUNICATIONS COMMISSION GENERAL PRACTICE AND PROCEDURE Implementation of the Equal... Judicial review. Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C...

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 may...

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 may...

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... the determination to the court of the United States having jurisdiction to review the merits of the...

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 1876(c...

45 CFR 79.42 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 45 Public Welfare 1 2010-10-01 2010-10-01 false Judicial review. 79.42 Section 79.42 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION PROGRAM FRAUD CIVIL REMEDIES § 79.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an...

45 CFR 1203.11 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 45 Public Welfare 4 2010-10-01 2010-10-01 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 provided...

43 CFR 27.12 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Judicial review. 27.12 Section 27.12... UNDER TITLE II OF PUBLIC LAW 93-153 § 27.12 Judicial review. Action taken pursuant to this part is subject to judicial review. ...

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 Section 0.49 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Civil Division § 0.49 International judicial assistance. The Assistant Attorney General in charge of the Civil...

32 CFR 300.10 - Judicial actions.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 2 2014-07-01 2014-07-01 false Judicial actions. 300.10 Section 300.10 National Defense Department of Defense (Continued) OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) FREEDOM OF INFORMATION ACT PROGRAM DEFENSE LOGISTICS AGENCY FREEDOM OF INFORMATION ACT PROGRAM FOIA Request Processing...

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. ...

43 CFR 35.42 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 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 or...

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). ...

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 head...

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 the...

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 U...

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. ...

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 603...

49 CFR 1016.310 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 49 Transportation 8 2010-10-01 2010-10-01 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 U.S.C...

49 CFR 98.13 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 49 Transportation 1 2010-10-01 2010-10-01 false Judicial review. 98.13 Section 98.13 Transportation Office of the Secretary of Transportation ENFORCEMENT OF RESTRICTIONS ON POST-EMPLOYMENT ACTIVITIES Judicial Review § 98.13 Judicial review. Any former employee found to have violated 18 U.S.C. 207...

6 CFR 13.42 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 6 Domestic Security 1 2010-01-01 2010-01-01 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 appropriate...

10 CFR 12.309 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 10 Energy 1 2010-01-01 2010-01-01 false Judicial review. 12.309 Section 12.309 Energy NUCLEAR REGULATORY COMMISSION IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS Procedures for Considering Applications § 12.309 Judicial review. Judicial review of final agency decisions on awards may be...

43 CFR 17.10 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 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. [29 FR 16293, Dec. 4, 1964] ...

40 CFR 180.30 - 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. 180.30 Section 180.30... EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD Procedural Regulations § 180.30 Judicial review. (a) Under FFDCA section 408(h), judicial review is available in the United States Courts of Appeal as to the...

42 CFR 422.612 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 422.612 Section 422.612 Public... Judicial review. (a) Review of ALJ's decision. Any party, including the MA organization, may request judicial review (upon notifying the other parties) of an ALJ's decision if— (1) The Board denied the party...

40 CFR 180.30 - Judicial review.

Code of Federal Regulations, 2014 CFR

2014-07-01

... EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD Procedural Regulations § 180.30 Judicial review. (a) Under FFDCA section 408(h), judicial review is available in the United States Courts of Appeal as to the... 40 Protection of Environment 24 2014-07-01 2014-07-01 false Judicial review. 180.30 Section 180.30...

40 CFR 180.30 - Judicial review.

Code of Federal Regulations, 2012 CFR

2012-07-01

... EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD Procedural Regulations § 180.30 Judicial review. (a) Under FFDCA section 408(h), judicial review is available in the United States Courts of Appeal as to the... 40 Protection of Environment 25 2012-07-01 2012-07-01 false Judicial review. 180.30 Section 180.30...

40 CFR 180.30 - Judicial review.

Code of Federal Regulations, 2013 CFR

2013-07-01

... EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD Procedural Regulations § 180.30 Judicial review. (a) Under FFDCA section 408(h), judicial review is available in the United States Courts of Appeal as to the... 40 Protection of Environment 25 2013-07-01 2013-07-01 false Judicial review. 180.30 Section 180.30...

[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.

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.

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.…

19 CFR 103.9 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-04-01

... exhausted the administrative remedies with respect to the request. (b) Procedure of initiating judicial... records are situated, or (4) in the District of Columbia. Service of process in that action is governed by the Federal Rules of Civil Procedure (28 U.S.C. App.) applicable to actions against an agency of the...

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

15 CFR 930.116 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... FEDERAL CONSISTENCY WITH APPROVED COASTAL MANAGEMENT PROGRAMS Secretarial Mediation § 930.116 Judicial... implicitly to limit the parties' use of alternate forums to resolve disputes. Specifically, judicial review...

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.

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…

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 ruling...

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 ruling...

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 grant...

Legislative and educational alternatives to a judicial remedy for the transfer trauma dilemma.

PubMed

Cohen, E S

1986-01-01

Transfer trauma is alleged to be an increase in morbidity and mortality in institutionally relocated chronically ill elderly. Efforts by the legal profession to persuade courts that transfer trauma should be a legally recognized phenomenon invoking judicial protections against transfer (the "transfer trauma argument") have been unproductive. In O'Bannon v. Town Court Nursing Center, Inc., the United States Supreme Court denied standing to elderly persons claiming a property interest in remaining in alleged substandard facilities. The Court rejected the argument that the possibility of transfer trauma constituted a deprivation of life or liberty that would have required due process protections of notice and hearing. Despite the Court's preclusion of transfer trauma litigation in a constitutional context and the general unwillingness of lower courts to recognize the phenomenon, attorneys continue to burden the judicial system with frivolous transfer trauma arguments. The unfruitful pursuit of a judicial remedy for the ethical and social problems that arise with relocation of the elderly continues, in part, because of a misguided belief that this distressing social phenomenon is best remedied by the courts. Judicial unwillingness to recognize the transfer trauma argument, however, does not preclude legislative consideration of the humanitarian issues concerning the institutional relocation of elderly persons. This Article examines gerontological research in order to understand the judicial rejection of the transfer trauma argument and argues in support of legislative and educational solutions for the ethical and social problems attending transfer.

46 CFR 1.01-30 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 46 Shipping 1 2010-10-01 2010-10-01 false Judicial review. 1.01-30 Section 1.01-30 Shipping COAST... Judicial review. (a) Nothing in this chapter shall be construed to prohibit any party from seeking judicial review of any Commandant's decision or action taken pursuant to the regulations in this part or part 5 of...

5 CFR 1201.133 - Judicial review.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 5 Administrative Personnel 3 2014-01-01 2014-01-01 false Judicial review. 1201.133 Section 1201.133 Administrative Personnel MERIT SYSTEMS PROTECTION BOARD ORGANIZATION AND PROCEDURES PRACTICES AND PROCEDURES Procedures for Original Jurisdiction Cases Special Counsel Corrective Actions § 1201.133 Judicial...

5 CFR 1201.133 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Judicial review. 1201.133 Section 1201.133 Administrative Personnel MERIT SYSTEMS PROTECTION BOARD ORGANIZATION AND PROCEDURES PRACTICES AND PROCEDURES Procedures for Original Jurisdiction Cases Special Counsel Corrective Actions § 1201.133 Judicial...

"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

28 CFR 17.17 - Judicial proceedings.

Code of Federal Regulations, 2012 CFR

2012-07-01

... Judicial Administration DEPARTMENT OF JUSTICE CLASSIFIED NATIONAL SECURITY INFORMATION AND ACCESS TO CLASSIFIED INFORMATION Administration § 17.17 Judicial proceedings. (a)(1) Any Department official or organization receiving an order or subpoena from a federal or state court to produce classified information...

28 CFR 17.17 - Judicial proceedings.

Code of Federal Regulations, 2014 CFR

2014-07-01

... Judicial Administration DEPARTMENT OF JUSTICE CLASSIFIED NATIONAL SECURITY INFORMATION AND ACCESS TO CLASSIFIED INFORMATION Administration § 17.17 Judicial proceedings. (a)(1) Any Department official or organization receiving an order or subpoena from a federal or state court to produce classified information...

28 CFR 17.17 - Judicial proceedings.

Code of Federal Regulations, 2013 CFR

2013-07-01

... Judicial Administration DEPARTMENT OF JUSTICE CLASSIFIED NATIONAL SECURITY INFORMATION AND ACCESS TO CLASSIFIED INFORMATION Administration § 17.17 Judicial proceedings. (a)(1) Any Department official or organization receiving an order or subpoena from a federal or state court to produce classified information...

28 CFR 17.17 - Judicial proceedings.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Judicial Administration DEPARTMENT OF JUSTICE CLASSIFIED NATIONAL SECURITY INFORMATION AND ACCESS TO CLASSIFIED INFORMATION Administration § 17.17 Judicial proceedings. (a)(1) Any Department official or organization receiving an order or subpoena from a federal or state court to produce classified information...

28 CFR 17.17 - Judicial proceedings.

Code of Federal Regulations, 2011 CFR

2011-07-01

... Judicial Administration DEPARTMENT OF JUSTICE CLASSIFIED NATIONAL SECURITY INFORMATION AND ACCESS TO CLASSIFIED INFORMATION Administration § 17.17 Judicial proceedings. (a)(1) Any Department official or organization receiving an order or subpoena from a federal or state court to produce classified information...

The Philosophical Underpinnings of Public School Funding Jurisprudence.

ERIC Educational Resources Information Center

Hackney, James R., Jr.

1993-01-01

Uses the theories of John Rawls (democratic/egalitarian) and Robert Nozick (libertarian) as prisms through which to analyze judicial opinions underlying court decisions regarding public education financing. (302 footnotes) (MLF)

37 CFR 204.9 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Judicial review. 204.9 Section 204.9 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT OFFICE AND PROCEDURES PRIVACY ACT: POLICIES AND PROCEDURES § 204.9 Judicial review. Within two years of the...

14 CFR 14.29 - Judicial review.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 14 Aeronautics and Space 1 2014-01-01 2014-01-01 false Judicial review. 14.29 Section 14.29 Aeronautics and Space FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PROCEDURAL RULES RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980 Procedures for Considering Applications § 14.29 Judicial...

14 CFR 14.29 - Judicial review.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 14 Aeronautics and Space 1 2011-01-01 2011-01-01 false Judicial review. 14.29 Section 14.29 Aeronautics and Space FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PROCEDURAL RULES RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980 Procedures for Considering Applications § 14.29 Judicial...

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 Aeronautics and Space FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PROCEDURAL RULES RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980 Procedures for Considering Applications § 14.29 Judicial...

14 CFR 14.29 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Judicial review. 14.29 Section 14.29 Aeronautics and Space FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PROCEDURAL RULES RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980 Procedures for Considering Applications § 14.29 Judicial...

14 CFR 14.29 - Judicial review.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 14 Aeronautics and Space 1 2013-01-01 2013-01-01 false Judicial review. 14.29 Section 14.29 Aeronautics and Space FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PROCEDURAL RULES RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980 Procedures for Considering Applications § 14.29 Judicial...

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 set...

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 set...

22 CFR 1101.15 - Judicial review.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 22 Foreign Relations 2 2012-04-01 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 set...

10 CFR 501.69 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 10 Energy 4 2010-01-01 2010-01-01 false Judicial review. 501.69 Section 501.69 Energy DEPARTMENT OF ENERGY (CONTINUED) ALTERNATE FUELS ADMINISTRATIVE PROCEDURES AND SANCTIONS Exemptions and Certifications § 501.69 Judicial review. Any person aggrieved by any order issued by OFE under this subpart, must...

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 recognize...

33 CFR 140.30 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-07-01

... review provisions of section 23 of the Act (43 U.S.C. 1349). ... 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...

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 that...

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 that...

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 that...

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 review...

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 Agriculture Regulations of the Department of Agriculture (Continued) FOREIGN AGRICULTURAL SERVICE, DEPARTMENT OF AGRICULTURE TRADE ADJUSTMENT ASSISTANCE FOR FARMERS § 1580.506 Judicial review. Any producer...

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 (in...

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... 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, on...

40 CFR 173.9 - 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. 173.9 Section 173.9 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PESTICIDE PROGRAMS PROCEDURES GOVERNING... Judicial review. The State may appeal an order rescinding, in whole or in part, its primary enforcement...

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.

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 district...

44 CFR 295.43 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 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 the... of the date that appears on the Administrative Appeal decision. The court may only consider evidence...

44 CFR 295.43 - Judicial review.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 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 the... of the date that appears on the Administrative Appeal decision. The court may only consider evidence...

Audiovisual communication and therapeutic jurisprudence: Cognitive and social psychological dimensions.

PubMed

Feigenson, Neal

2010-01-01

The effects of audiovisual communications on the emotional and psychological well-being of participants in the legal system have not been previously examined. Using as a framework for analysis what Slobogin (1996) calls internal balancing (of therapeutic versus antitherapeutic effects) and external balancing (of therapeutic jurisprudence [TJ] effects versus effects on other legal values), this brief paper discusses three examples that suggest the complexity of evaluating courtroom audiovisuals in TJ terms. In each instance, audiovisual displays that are admissible based on their arguable probative or explanatory value - day-in-the-life movies, victim impact videos, and computer simulations of litigated events - might well reduce stress and thus improve the psychological well-being of personal injury plaintiffs, survivors, and jurors, respectively. In each situation, however, other emotional and cognitive effects may prove antitherapeutic for the target or other participants, and/or may undermine other important values including outcome accuracy, fairness, and even the conception of the legal decision maker as a moral actor. Copyright © 2010 Elsevier Ltd. All rights reserved.

Temporary brittle bone disease: relationship between clinical findings and judicial outcome

PubMed Central

Paterson, Colin R.; Monk, Elizabeth A.

2011-01-01

There is a wide differential diagnosis for the child with unexplained fractures including non-accidental injury, osteogenesis imperfecta and vitamin D deficiency rickets. Over the last 20 years we and others have described a self-limiting syndrome characterised by fractures in the first year of life. This has been given the provisional name temporary brittle bone disease. This work had proved controversial mostly because the fractures, including rib fractures and metaphyseal fractures, were those previously regarded as typical or even diagnostic of non-accidental injury. Some have asserted that the condition does not exist. Over the years 1985 to 2000 we investigated 87 such cases with fractures with a view to determining the future care of the children. In 85 of these the judiciary was involved. We examined the clinical and radiological findings in the 33 cases in which there was a judicial finding of abuse, the 24 cases in which the parents were exonerated and the 28 cases in which no formal judicial finding was made. The three groups of patients were similar in terms of demographics, age at fracturing and details of the fractures. The clinical similarities between the three groups of patients contrast with the very different results of the judicial process. PMID:22053268

Temporary brittle bone disease: relationship between clinical findings and judicial outcome.

PubMed

Paterson, Colin R; Monk, Elizabeth A

2011-06-30

There is a wide differential diagnosis for the child with unexplained fractures including non-accidental injury, osteogenesis imperfecta and vitamin D deficiency rickets. Over the last 20 years we and others have described a self-limiting syndrome characterised by fractures in the first year of life. This has been given the provisional name temporary brittle bone disease. This work had proved controversial mostly because the fractures, including rib fractures and metaphyseal fractures, were those previously regarded as typical or even diagnostic of non-accidental injury. Some have asserted that the condition does not exist. Over the years 1985 to 2000 we investigated 87 such cases with fractures with a view to determining the future care of the children. In 85 of these the judiciary was involved. We examined the clinical and radiological findings in the 33 cases in which there was a judicial finding of abuse, the 24 cases in which the parents were exonerated and the 28 cases in which no formal judicial finding was made. The three groups of patients were similar in terms of demographics, age at fracturing and details of the fractures. The clinical similarities between the three groups of patients contrast with the very different results of the judicial process.

36 CFR 1275.34 - Access for use in judicial proceedings.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Access for use in judicial... Agencies, and For Use in Any Judicial Proceeding § 1275.34 Access for use in judicial proceedings. In... custody and control of the Archivist will be made available for use in any judicial proceeding and are...

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…

32 CFR 286.25 - Judicial actions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 2 2011-07-01 2011-07-01 false Judicial actions. 286.25 Section 286.25 National... § 286.25 Judicial actions. (a) General. (1) This section states current legal and procedural rules for... the denial was justified. (d) Actions by the court. (1) When a DoD Component has failed to make a...

22 CFR 1003.7 - Judicial review.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 22 Foreign Relations 2 2013-04-01 2009-04-01 true Judicial review. 1003.7 Section 1003.7 Foreign Relations INTER-AMERICAN FOUNDATION RULES SAFEGUARDING PERSONAL INFORMATION IN IAF RECORDS § 1003.7 Judicial review. Any person may file a complaint against the Inter-American Foundation in the appropriate U.S...

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

49 CFR 386.67 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 49 Transportation 5 2010-10-01 2010-10-01 false Judicial review. 386.67 Section 386.67... Decision § 386.67 Judicial review. (a) Any party to the underlying proceeding, who, after an administrative... service of the Final Agency Order, petition for review of the order in the United States Court of Appeals...

Clinical judicial syndrome: The impact of judicial proceedings on doctors.

PubMed

Arimany-Manso, Josep; Vizcaíno, Marta; Gómez-Durán, Esperanza L

2018-04-28

Complaints of alleged malpractice are a concern for doctors, however the impact these complaints have on them receives little attention. We present a systematic review of the scientific literature by searching the MEDLINE database, without no time limit, of manuscripts on doctors' reaction to a malpractice claim, carried out in Spanish, English and French. Their methodological quality was evaluated, and the results were analysed. The search identified a total of 18 articles, mostly without empirical sample analysis, which described the clinical judicial syndrome construct, its symptomatology, prevalence, etiopathogenesis and issues of prevention and approach. The literature on this subject is very scarce and has poor empirical foundation. However, the available data underscored the relevance of the impact that these complaints have on doctors and highlight the need to establish preventive measures and approaches to the so-called clinical judicial syndrome. Copyright © 2018 Elsevier España, S.L.U. All rights reserved.

10 CFR 207.8 - Judicial actions.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 10 Energy 3 2010-01-01 2010-01-01 false Judicial actions. 207.8 Section 207.8 Energy DEPARTMENT OF... Coordination Act of 1974 § 207.8 Judicial actions. (a) Enforcement of subpoenas; contempt. Any United States... may request the Attorney General to bring a civil action in the appropriate district court of the...

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…

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…

Selected Regional Judicial Officer Cases, 2005 - Present

EPA Pesticide Factsheets

This dataset contains selected cases involving EPA's Regional Judicial Officers (RJOs) from 2005 to present. EPA's Regional Judicial Officers (RJOs) perform adjudicatory functions and act as Agency neutrals in administrative cases. EPA's RJOs are senior attorneys with backgrounds in EPA enforcement, general law, or both.

Judicious Discipline: A Constitutional Approach for Public High Schools.

ERIC Educational Resources Information Center

Grandmont, Richard P.

2003-01-01

Examines the practices in a large public high school where constitutional language and democratic citizenship education--judicious discipline--are introduced into the decision-making processes of the classroom. Data analysis suggests that a considerable number of students felt they possessed a high level of respect and responsibility as a result.…

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

42 CFR 419.60 - Limitations on administrative and judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 42 Public Health 3 2010-10-01 2010-10-01 false Limitations on administrative and judicial review... DEPARTMENT SERVICES Limitations on Review § 419.60 Limitations on administrative and judicial review. There... duration of the additional payments (consistent with subpart G of this part), the determination of initial...

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. © The Author(s) 2014.

On Vaccination & Chiropractic: when ideology, history, perception, politics and jurisprudence collide.

PubMed

Gleberzon, Brian; Lameris, Marlee; Schmidt, Catherine; Ogrady, Jillian

2013-09-01

The Palmers espoused anti-vaccination opinions in the early part of the 20(th) century, rejecting the germ theory of disease in favor of a worldview that a subluxation-free spine, achieved by spinal adjustments, would result in an unfettered innate intelligence; this, along with other healthful lifestyle choices, would allow a person to thwart disease by marshaling the body's natural recuperative abilities. Some chiropractors continue to staunchly champion the Palmer postulates, while others do not. At the national level, advocacy organizations publish conflicting position statements. We explore how this divisiveness has impacted chiropractic ideology, perceptions among students and practitioners, politics and issues of jurisprudence as reflected by the evolution of a standard of chiropractic practice in at least one Canadian province (Ontario). We opine that the chiropractic profession should champion a health promotion and disease prevention approach to vaccination, which would allow it to align itself with the broader healthcare community while not abandoning its traditional tenets.

31 CFR 357.23 - Judicial proceedings-sovereign immunity.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 31 Money and Finance:Treasury 2 2011-07-01 2011-07-01 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 proper...

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 proper...

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 proper...

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

Code of Federal Regulations, 2010 CFR

2010-01-01

... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Procedure for judicial seizure... Detention; Seizure and Condemnation; Criminal Offenses § 381.216 Procedure for judicial seizure, condemnation, and disposition. Any poultry or other article subject to seizure and condemnation under this...

31 CFR 357.23 - Judicial proceedings-sovereign immunity.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 31 Money and Finance: Treasury 2 2014-07-01 2014-07-01 false Judicial proceedings-sovereign immunity. 357.23 Section 357.23 Money and Finance: Treasury Regulations Relating to Money and Finance...) § 357.23 Judicial proceedings—sovereign immunity. (a) Department and Federal Reserve Banks not proper...

19 CFR 152.16 - Judicial changes in classification.

Code of Federal Regulations, 2010 CFR

2010-04-01

... OF THE TREASURY (CONTINUED) CLASSIFICATION AND APPRAISEMENT OF MERCHANDISE Classification § 152.16 Judicial changes in classification. The following procedures apply to changes in classification made by... 19 Customs Duties 2 2010-04-01 2010-04-01 false Judicial changes in classification. 152.16 Section...

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) Department...

Students' Perceived Learning and Anticipated Future Behaviors as a Result of Participation in the Student Judicial Process

ERIC Educational Resources Information Center

Howell, Martin T.

2005-01-01

This qualitative study was undertaken to explore the meaning that students make of their interactions with campus judicial systems. Using a multiple case study approach, 10 students from 3 institutions in the Southeastern United States were observed and interviewed. The findings presented here relate to students' perceived learning and anticipated…

28 CFR 28.24 - Exceptions based on the results of judicial proceedings.

Code of Federal Regulations, 2010 CFR

2010-07-01

... judicial proceedings. 28.24 Section 28.24 Judicial Administration DEPARTMENT OF JUSTICE DNA IDENTIFICATION... inapplicable in two circumstances relating to the results of judicial proceedings: (a) Judicial denial of DNA testing. Section 3600A(c)(1) exempts situations in which a court has denied a motion for DNA testing under...

28 CFR 28.24 - Exceptions based on the results of judicial proceedings.

Code of Federal Regulations, 2011 CFR

2011-07-01

... judicial proceedings. 28.24 Section 28.24 Judicial Administration DEPARTMENT OF JUSTICE DNA IDENTIFICATION... inapplicable in two circumstances relating to the results of judicial proceedings: (a) Judicial denial of DNA testing. Section 3600A(c)(1) exempts situations in which a court has denied a motion for DNA testing under...

28 CFR 28.24 - Exceptions based on the results of judicial proceedings.

Code of Federal Regulations, 2013 CFR

2013-07-01

... judicial proceedings. 28.24 Section 28.24 Judicial Administration DEPARTMENT OF JUSTICE DNA IDENTIFICATION... inapplicable in two circumstances relating to the results of judicial proceedings: (a) Judicial denial of DNA testing. Section 3600A(c)(1) exempts situations in which a court has denied a motion for DNA testing under...

28 CFR 28.24 - Exceptions based on the results of judicial proceedings.

Code of Federal Regulations, 2012 CFR

2012-07-01

... judicial proceedings. 28.24 Section 28.24 Judicial Administration DEPARTMENT OF JUSTICE DNA IDENTIFICATION... inapplicable in two circumstances relating to the results of judicial proceedings: (a) Judicial denial of DNA testing. Section 3600A(c)(1) exempts situations in which a court has denied a motion for DNA testing under...

28 CFR 28.24 - Exceptions based on the results of judicial proceedings.

Code of Federal Regulations, 2014 CFR

2014-07-01

... judicial proceedings. 28.24 Section 28.24 Judicial Administration DEPARTMENT OF JUSTICE DNA IDENTIFICATION... inapplicable in two circumstances relating to the results of judicial proceedings: (a) Judicial denial of DNA testing. Section 3600A(c)(1) exempts situations in which a court has denied a motion for DNA testing under...

Professional responsibility in elder law: a synthesis of preventive law and therapeutic jurisprudence.

PubMed

Stolle, D P

1996-01-01

This article focuses on the professional responsibilities that a lawyer owes to older clients. Specifically, this article proposes that when working with older clients, lawyers have a responsibility to ensure that their clients have the capacity to manage their own affairs and to ensure their clients' legal, financial, and personal interests are protected in case of sudden future incapacity. Furthermore, a lawyer working with older clients has a responsibility to remain cognizant of the realities of ageing without giving in to the falsities of senior citizen stereotypes. Through an integration of Therapeutic Jurisprudence and Preventive Law, a proactive, client-centered, four-stage framework for advancing therapeutic goals through preventive lawyering is developed. The framework is then applied to a model lawyer/client interaction typical of elder practice. The advantages and limitations of the four-stage framework are discussed.

The judicial role in life-sustaining medical treatment decisions.

PubMed

Hafemeister, T L; Keilitz, I; Banks, S M

1991-01-01

Although there has been speculation regarding the pervasiveness and nature of judicial decisions regarding life-sustaining medical treatment (LSMT), no attempt has been made to empirically assess their prevalence or the issues they address. An exploratory study utilizing a mail survey of a nationwide random sample (N = 905) of state trial court judges was conducted to provide initial information regarding this decision-making process. Twenty-two percent of the responding judges had heard at least one LSMT case, and judicial review did not appear endemic to particular states. The number of judges hearing LSMT cases dropped from 1975 to 1981 but has increased since then. Three major issues predominate: patient competency, appointment of a surrogate decisionmaker, and resolution of the ultimate issue of forgoing LSMT. Relatively few cases either contested a prior directive's validity or involved imposing sanctions for instituting or forgoing LSMT. Although subject to different interpretations, the results suggest the courts are having a significant impact on certain aspects of the LSMT decision-making process. However, the infrequency with which any one judge is called upon to make an LSMT decision causes concern about the judiciary's ability to respond in a timely and appropriate manner. With their potential for a profound effect on the actions of health care providers, greater attention to this decision-making process is warranted.

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.

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 Meeting of the Judicial Conference Committee on Rules of Practice and Procedure AGENCY: Judicial Conference of the United States Advisory Committee on Rules of... CONTACT: Jonathan C. Rose, Secretary and Chief Rules Officer, Rules Committee Support Office...

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

... JUDICIAL CONFERENCE OF THE UNITED STATES Hearings of the Judicial Conference Advisory Committees... Civil Procedure, Judicial Conference of the United States. ACTION: Notice of proposed amendments and... Judicial Conference of the United States, Thurgood Marshall Federal Judiciary Building, Washington, DC...

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 Meeting of the Judicial Conference Committee on Rules of Practice and Procedure AGENCY: Judicial Conference of the United States Advisory Committee on Rules of... Science Drive, Durham, NC 27708. FOR FURTHER INFORMATION CONTACT: Jonathan C. Rose, Secretary and Chief...

78 FR 64012 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

Federal Register 2010, 2011, 2012, 2013, 2014

2013-10-25

... 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... Columbus Circle NE., Washington, DC 20544. FOR FURTHER INFORMATION CONTACT: Jonathan C. Rose, Secretary and...

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 Meeting of the Judicial Conference Committee on Rules of Practice and Procedure AGENCY: Judicial Conference of the United States Advisory Committee on Rules of..., Coral Gables, FL 33146. FOR FURTHER INFORMATION CONTACT: Jonathan C. Rose, Secretary and Chief Rules...

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

... 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..., Phoenix, Arizona 85003. FOR FURTHER INFORMATION CONTACT: Jonathan C. Rose, Secretary and Chief Rules...

Judicial case management and the custody and access assessment: melding the approaches.

PubMed

Leverette, J; Crowe, T; Wenglensky, R; Dunbar, M

1997-08-01

The presence of the Unified Family Court, with procedures emphasizing judicial case management and settlement in custody disputes, provided an opportunity to combine these practices with those of a university hospital-based family court clinic experienced in the provision of custody assessments. Specifically, a process integrating the clinical custody assessment with the work of counsel and court procedures was developed. This format, incorporating the preparation of a clinical settlement conference brief, was then evaluated with emphasis on time management, outcome in relation to settlement or trial, and the effect of clinical assessment at critical points in the combined endeavour. Seventy-two judicial referrals conducted using this format were reviewed. To assess efficiency, we determined time intervals to various points in the process and compared them to previous local practice. Settlement rates, recorded incrementally to mark each component's contribution, were compared with rates noted in the literature. Assessment functions were identified according to the point of resolution of the dispute and in a manner to facilitate comparison with previously published work. The format resulted in 50% of cases settling without trial in under 5 months, a minimum settlement rate of 50%, and confirmed the ability of clinical assessment to contribute flexibly to dispute resolution in several conciliation venues and at trial. Combining legal and mental health efforts can results in more efficient use of resources and a substantial diversion of cases from continuing litigation. While altering the process of clinical assessments enhances such findings, further work is required to assure appropriate selection criteria for various intervention formats.

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

... States Courts, Washington, DC 20544, telephone (202) 502- 1820. Dated: July 24, 2013. Jonathan C. Rose... 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...

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).

[Judicial or administrative settlement of medical malpractice claims. Update on medical liability].

PubMed

Crégut, P

2012-03-01

Settlement of medical malpractice claims was radically changed by the Kouchner Law that set up a rapid, effective system of indemnification. Victims can choose between conventional court proceedings and a non-judicial conciliation procedure. Choice between the two processes depends on the circumstances of the case.

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 is...

45 CFR 681.41 - What judicial review is available?

Code of Federal Regulations, 2014 CFR

2014-10-01

... 45 Public Welfare 3 2014-10-01 2014-10-01 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 is...

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 is...

45 CFR 681.41 - What judicial review is available?

Code of Federal Regulations, 2012 CFR

2012-10-01

... 45 Public Welfare 3 2012-10-01 2012-10-01 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 is...

45 CFR 681.41 - What judicial review is available?

Code of Federal Regulations, 2011 CFR

2011-10-01

... 45 Public Welfare 3 2011-10-01 2011-10-01 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 is...

31 CFR 598.706 - Judicial review of civil penalty.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 31 Money and Finance:Treasury 3 2012-07-01 2012-07-01 false Judicial review of civil penalty. 598.706 Section 598.706 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued... REGULATIONS Penalties § 598.706 Judicial review of civil penalty. A civil penalty imposed pursuant to this...

31 CFR 598.706 - Judicial review of civil penalty.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 31 Money and Finance:Treasury 3 2014-07-01 2014-07-01 false Judicial review of civil penalty. 598.706 Section 598.706 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued... REGULATIONS Penalties § 598.706 Judicial review of civil penalty. A civil penalty imposed pursuant to this...

31 CFR 598.706 - Judicial review of civil penalty.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 31 Money and Finance:Treasury 3 2013-07-01 2013-07-01 false Judicial review of civil penalty. 598.706 Section 598.706 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued... REGULATIONS Penalties § 598.706 Judicial review of civil penalty. A civil penalty imposed pursuant to this...

31 CFR 598.706 - Judicial review of civil penalty.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 31 Money and Finance:Treasury 3 2011-07-01 2011-07-01 false Judicial review of civil penalty. 598.706 Section 598.706 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued... REGULATIONS Penalties § 598.706 Judicial review of civil penalty. A civil penalty imposed pursuant to this...

31 CFR 598.706 - Judicial review of civil penalty.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Judicial review of civil penalty. 598.706 Section 598.706 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued... REGULATIONS Penalties § 598.706 Judicial review of civil penalty. A civil penalty imposed pursuant to this...

13 CFR 142.36 - Can I obtain judicial review?

Code of Federal Regulations, 2010 CFR

2010-01-01

... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Can I obtain judicial review? 142.36 Section 142.36 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS Decisions and Appeals § 142.36 Can I obtain judicial review? If the initial...

36 CFR 1202.84 - Can I seek 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 Can I seek judicial review? 1202.84 Section 1202.84 Parks, Forests, and Public Property NATIONAL ARCHIVES AND RECORDS... Can I seek judicial review? Yes, within 2 years of receipt of a NARA final determination as provided...

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

... 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... but not participation. DATES: April 2-3, 2013. Time: 8:30 a.m. to 5:00 p.m. ADDRESSES: United States...

9 CFR 329.6 - Articles or livestock subject to judicial seizure and condemnation.

Code of Federal Regulations, 2010 CFR

2010-01-01

... judicial seizure and condemnation. 329.6 Section 329.6 Animals and Animal Products FOOD SAFETY AND... PRODUCTS INSPECTION AND VOLUNTARY INSPECTION AND CERTIFICATION DETENTION; SEIZURE AND CONDEMNATION; CRIMINAL OFFENSES § 329.6 Articles or livestock subject to judicial seizure and condemnation. Any carcass...

Judicialization 2.0: Understanding right-to-health litigation in real time.

PubMed

Biehl, João; Socal, Mariana P; Gauri, Varun; Diniz, Debora; Medeiros, Marcelo; Rondon, Gabriela; Amon, Joseph J

2018-05-21

Over the past two decades, debate over the whys, the hows, and the effects of the ever-expanding phenomenon of right-to-health litigation ('judicialization') throughout Latin America have been marked by polarised arguments and limited information. In contrast to claims of judicialization as a positive or negative trend, less attention has been paid to ways to better understand the phenomenon in real time. In this article, we propose a new approach-Judicialization 2.0-that recognises judicialization as an integral part of democratic life. This approach seeks to expand access to information about litigation on access to medicines (and health care generally) in order to better characterise the complexity of the phenomenon and thus inform new research and more robust public discussions. Drawing from our multi-disciplinary perspectives and field experiences in highly judicialized contexts, we thus describe a new multi-source, multi-stakeholder mixed-method approach designed to capture the patterns and heterogeneity of judicialization and understand its medical and socio-political impact in real time, along with its counterfactuals. By facilitating greater data availability and open access, we can drive advancements towards transparent and participatory priority setting, as well as accountability mechanisms that promote quality universal health coverage.

Kristeller maneuvers or fundal pressure and maternal/neonatal morbidity: obstetric and judicial literature review.

PubMed

Malvasi, Antonio; Zaami, Simona; Tinelli, Andrea; Trojano, Giuseppe; Montanari Vergallo, Gianluca; Marinelli, Enrico

2018-02-21

A significant amount of data concerning maternal-fetal damage arising from the exertion of Kristeller maneuvers (KMs) or fundal pressure (FP) go unreleased due to medicolegal implications. For this reason, the paper gathers information as to the real magnitude of litigation related to FP-induced damages and injuries. The authors have undertaken a research in order to include general search engines (PubMed-Medline, Cochrane, Embase, Google, GyneWeb) and legal databases (De Jure, Italian database of jurisprudence daily update; Westlaw, Thomson Reuters, American ruling database and Bailii, UK Court Ruling Database). Results confirm said phenomenon to be more wide ranging than it appears through official channels. Several courts of law, both in the United States of America (USA) and in European Union (EU) Member States as well, have ruled against the use of the maneuver itself, assuming a stance conducive to a presumption of guilt against those doctors and healthcare providers who resorted to KMs or FP during deliveries. Given how rife FP is in mainstream obstetric practice, it is as if there were a wide gap between obstetric real-life and what official jurisprudence and healthcare institutions-sanctioned official practices are. The authors think that it would be desirable to draft specifically targeted guidelines or recommendations on maneuvers during vaginal delivery, in which to point out exactly what kinds of maneuvering techniques are to be absolutely banned and what maneuvers are to be allowed, and under what conditions their application can be considered appropriate.

21 CFR 1316.68 - Copies of petitions for judicial review.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Copies of petitions for judicial review. 1316.68 Section 1316.68 Food and Drugs DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE ADMINISTRATIVE FUNCTIONS, PRACTICES, AND PROCEDURES Administrative Hearings § 1316.68 Copies of petitions for judicial...

Guidance: CERCLA Section 106 Judicial Actions

EPA Pesticide Factsheets

This guidance provides criteria for consideration in selecting and initiating Section 106 judicial actions. The guidance also identifies and discusses issues that should be considered in preparation of a Section 106 referral.

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. Copyright © 2010 Elsevier Ltd. All rights reserved.

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…

36 CFR 251.101 - Policy in event of 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 Policy in event of judicial proceedings. 251.101 Section 251.101 Parks, Forests, and Public Property FOREST SERVICE, DEPARTMENT OF....101 Policy in event of judicial proceedings. It is the position of the Department of Agriculture that...

36 CFR 251.101 - Policy in event of 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 Policy in event of judicial proceedings. 251.101 Section 251.101 Parks, Forests, and Public Property FOREST SERVICE, DEPARTMENT OF....101 Policy in event of judicial proceedings. It is the position of the Department of Agriculture that...

36 CFR 251.101 - Policy in event of 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 Policy in event of judicial proceedings. 251.101 Section 251.101 Parks, Forests, and Public Property FOREST SERVICE, DEPARTMENT OF....101 Policy in event of judicial proceedings. It is the position of the Department of Agriculture that...

45 CFR 1355.39 - Administrative and judicial review.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 45 Public Welfare 4 2014-10-01 2014-10-01 false Administrative and judicial review. 1355.39 Section 1355.39 Public Welfare Regulations Relating to Public Welfare (Continued) OFFICE OF HUMAN... FAMILIES, FOSTER CARE MAINTENANCE PAYMENTS, ADOPTION ASSISTANCE, AND CHILD AND FAMILY SERVICES GENERAL...

45 CFR 1355.39 - Administrative and judicial review.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 45 Public Welfare 4 2012-10-01 2012-10-01 false Administrative and judicial review. 1355.39 Section 1355.39 Public Welfare Regulations Relating to Public Welfare (Continued) OFFICE OF HUMAN... FAMILIES, FOSTER CARE MAINTENANCE PAYMENTS, ADOPTION ASSISTANCE, AND CHILD AND FAMILY SERVICES GENERAL...

45 CFR 1355.39 - Administrative and judicial review.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 45 Public Welfare 4 2011-10-01 2011-10-01 false Administrative and judicial review. 1355.39 Section 1355.39 Public Welfare Regulations Relating to Public Welfare (Continued) OFFICE OF HUMAN... FAMILIES, FOSTER CARE MAINTENANCE PAYMENTS, ADOPTION ASSISTANCE, AND CHILD AND FAMILY SERVICES GENERAL...

7 CFR 1463.11 - Appeals and judicial review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 7 Agriculture 10 2010-01-01 2010-01-01 false Appeals and judicial review. 1463.11 Section 1463.11 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE LOANS, PURCHASES, AND OTHER OPERATIONS 2005-2014 TOBACCO TRANSITION PROGRAM Tobacco...

Cycles of judicial and executive power in irregular migration.

PubMed

Marmo, Marinella; Giannacopoulos, Maria

2017-01-01

This article argues that power struggles between judiciaries and executives are fuelled by tensions of securitisation, border control and human rights over the issue of irregular migration. The article juxtaposes three paradigm court cases to render the argument concrete, focusing on two Australian High Court decisions ( M70 v Minister for Immigration and Citizenship and CPCF v. Minister for Immigration and Border Protection & Anor ) and one decision from the European Court of Human Rights ( Hirsi Jamaa and Others v. Italy ). An examination of these cases reveals each step of this cycle: the executive attempts to produce a buffer to avoid or minimise migrants' protections and judicial review, yet such manoeuvring is countered by the judges. Following this, new steps of the cycle occur: governments display disappointment to courts' interventions in an effort to discredit the exercise of judicial power while the judiciaries maintain the focus on the rule of law. And so the cycle continues. The key argument of this paper rests on the paradox resulting from the executive's attempts to curb judicial intervention, because such attempts actually empower judiciaries. Comparing different jurisdictions highlights how this cyclical power struggle is a defining element between these two arms of power across distinct legal-geographical boundaries. By tracing this development in Australia and in Europe, this article demonstrates that the argument has global significance.

16 CFR 5.68 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... CONDUCT Disciplinary Actions Concerning Postemployment Conflict of Interest § 5.68 Judicial review. A respondent against whom the Commission has issued an order imposing disciplinary action under this part may...

Psychological model for judicial decision making in emergency or temporary child placement.

PubMed

Ballou, M; Barry, J; Billingham, K; Boorstein, B W; Butler, C; Gershberg, R; Heim, J; Lirianio, D; McGovern, S; Nicastro, S; Romaniello, J; Vazquez-Nuttall, K; White, C

2001-10-01

In emergencies, family court judges must often make rapid decisions, without benefit of thorough information, that have significant impact on people's lives. Action-oriented research was used to develop a model that would bring psychosocial factors to the legal system for the purpose of enhancing the judicial decision-making process in emergency and temporary child placement cases.

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

PubMed

Lim, Loraine; Day, Andrew

2016-01-01

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

The assessment of expert testimony relevance and admissibility in medical malpractice cases in the Czech Republic. Can American judicial practice help us?

PubMed

Zakharov, Sergey

2011-03-01

The relevance and admissibility of expert medical testimony in relation to medical malpractice suits requires a more successful development of formal criteria and a more intentional compliance with efficient judicial procedures. The American judicial system provides an excellent model for implementation of a critical approach to knowledge collection, the evaluation of the validity of scientifically sound information, and the examination of expert's testimony on the basis of a sound methodology. An analysis of the assessment and application of reliability yields evidence that assuring standards to improve the quality of expert medical testimony will increase the overall probability of a fair outcome during the judicial process. Applying these beneficial strategies in medical malpractice cases will continue to support further considerations of promoting justice and solving problems through sufficient scientific means.

7 CFR 2901.8 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 7 Agriculture 15 2010-01-01 2010-01-01 false Judicial review. 2901.8 Section 2901.8 Agriculture Regulations of the Department of Agriculture (Continued) OFFICE OF ENERGY POLICY AND NEW USES, DEPARTMENT OF... Policy Act of 1978. ...

7 CFR 2901.8 - Judicial review.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 7 Agriculture 15 2014-01-01 2014-01-01 false Judicial review. 2901.8 Section 2901.8 Agriculture Regulations of the Department of Agriculture (Continued) OFFICE OF ENERGY POLICY AND NEW USES, DEPARTMENT OF... Policy Act of 1978. ...

7 CFR 2901.8 - Judicial review.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 7 Agriculture 15 2011-01-01 2011-01-01 false Judicial review. 2901.8 Section 2901.8 Agriculture Regulations of the Department of Agriculture (Continued) OFFICE OF ENERGY POLICY AND NEW USES, DEPARTMENT OF... Policy Act of 1978. ...

[Interest in periodic health examinations for young people in the judicial system].

PubMed

North, S

2003-12-01

The Centre for Health Examinations (CES) in Roche sur Yon has experience with the Periodic Health Examinations (EPS) on population groups in fragile or disadvantaged situations and young people in the process of integration. Minors followed by the Judicial Protection of the Youth (PJJ) are in a preoccupying state of health. Professionals led a working group for reflection from two institutions working in health management. This study aims to explore the representations of young people's health under the care of the judicial system in order to evaluate the pertinence of EPS in the health course of youth in the judicial correctional system. 23 semi-directed interviews allowed the team to show that if the youth have a somatic definition of health, they are nevertheless open to a comprehensive approach to health. Their parents are unavoidable reference points. The readability of the speakers in terms of mental health remains average. The resources in health documentation are under-utilised. The treating doctor remains a special partner for health. The knowledge of social rights is insufficient. The notion of risk and the need for more information concerns the areas of drunk driving, sexuality and road rage. The EPS very logically places itself in the health course of the youth. The partnership between the health and the justice systems should be constructed in the framework of a convention between the two institutions.

30 CFR 775.13 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SYSTEMS UNDER REGULATORY PROGRAMS... to judicial review by a court of competent jurisdiction, as provided for in the State program, but...

18 CFR 701.208 - WRC petition for judicial extension of time.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 18 Conservation of Power and Water Resources 2 2012-04-01 2012-04-01 false WRC petition for judicial extension of time. 701.208 Section 701.208 Conservation of Power and Water Resources WATER RESOURCES COUNCIL COUNCIL ORGANIZATION Availability of Information § 701.208 WRC petition for judicial...

18 CFR 701.208 - WRC petition for judicial extension of time.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 18 Conservation of Power and Water Resources 2 2010-04-01 2010-04-01 false WRC petition for judicial extension of time. 701.208 Section 701.208 Conservation of Power and Water Resources WATER RESOURCES COUNCIL COUNCIL ORGANIZATION Availability of Information § 701.208 WRC petition for judicial...

18 CFR 701.208 - WRC petition for judicial extension of time.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 18 Conservation of Power and Water Resources 2 2013-04-01 2012-04-01 true WRC petition for judicial extension of time. 701.208 Section 701.208 Conservation of Power and Water Resources WATER RESOURCES COUNCIL COUNCIL ORGANIZATION Availability of Information § 701.208 WRC petition for judicial...

18 CFR 701.208 - WRC petition for judicial extension of time.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 18 Conservation of Power and Water Resources 2 2014-04-01 2014-04-01 false WRC petition for judicial extension of time. 701.208 Section 701.208 Conservation of Power and Water Resources WATER RESOURCES COUNCIL COUNCIL ORGANIZATION Availability of Information § 701.208 WRC petition for judicial...

18 CFR 701.208 - WRC petition for judicial extension of time.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 18 Conservation of Power and Water Resources 2 2011-04-01 2011-04-01 false WRC petition for judicial extension of time. 701.208 Section 701.208 Conservation of Power and Water Resources WATER RESOURCES COUNCIL COUNCIL ORGANIZATION Availability of Information § 701.208 WRC petition for judicial...

[On the competitiveness between parties in judicial proceedings with the participation of a forensic medical expert].

PubMed

Topil'skaia, E V; Kadochnikov, D S; Makarov, I Iu; Pankratova, I V; Rakitin, V A

2011-01-01

The authors report the results of analysis of the rights of the participants in judicial proceedings (both the prosecution and the defense) to appoint and carry out forensic medical expertise in the course of the criminal court process.

Judicial Review: Issues of State Court Involvement in School Finance Litigation.

ERIC Educational Resources Information Center

Colwell, William Bradley

1998-01-01

Due to state legislatures' reluctance to initiate school-funding reform, judicial bodies are asked to provide relief from alleged inequities. Before providing judicial review, the judiciary must decide whether an issue is justiciable (does not violate separation of powers) and warrants court intervention. Children's education has not substantially…

21 CFR 314.235 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 21 Food and Drugs 5 2010-04-01 2010-04-01 false Judicial review. 314.235 Section 314.235 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) DRUGS FOR HUMAN... appeals under section 505(h) of the act. ...

15 CFR 325.11 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 15 Commerce and Foreign Trade 2 2010-01-01 2010-01-01 false Judicial review. 325.11 Section 325.11 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade (Continued) INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE MISCELLANEOUS REGULATIONS EXPORT TRADE CERTIFICATES OF...

Lineage and the rights of cloned child in the islamic jurisprudence.

PubMed

Moeinifar, Mohaddeseh; Ardebeli, Faezeh Azimzadeh

2012-10-01

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.

28 CFR 50.9 - Policy with regard to open judicial proceedings.

Code of Federal Regulations, 2011 CFR

2011-07-01

... safety of parties, witnesses, or other persons; or (iii) A substantial likelihood that ongoing... judicial proceedings pursuant to 18 U.S.C. 3509 (d) and (e) for the protection of child victims or child witnesses. (f) Because of the vital public interest in open judicial proceedings, the records of any...

28 CFR 50.9 - Policy with regard to open judicial proceedings.

Code of Federal Regulations, 2014 CFR

2014-07-01

... safety of parties, witnesses, or other persons; or (iii) A substantial likelihood that ongoing... judicial proceedings pursuant to 18 U.S.C. 3509 (d) and (e) for the protection of child victims or child witnesses. (f) Because of the vital public interest in open judicial proceedings, the records of any...

28 CFR 50.9 - Policy with regard to open judicial proceedings.

Code of Federal Regulations, 2012 CFR

2012-07-01

... safety of parties, witnesses, or other persons; or (iii) A substantial likelihood that ongoing... judicial proceedings pursuant to 18 U.S.C. 3509 (d) and (e) for the protection of child victims or child witnesses. (f) Because of the vital public interest in open judicial proceedings, the records of any...

28 CFR 50.9 - Policy with regard to open judicial proceedings.

Code of Federal Regulations, 2013 CFR

2013-07-01

... safety of parties, witnesses, or other persons; or (iii) A substantial likelihood that ongoing... judicial proceedings pursuant to 18 U.S.C. 3509 (d) and (e) for the protection of child victims or child witnesses. (f) Because of the vital public interest in open judicial proceedings, the records of any...

29 CFR 1603.306 - Judicial review.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 29 Labor 4 2012-07-01 2012-07-01 false Judicial review. 1603.306 Section 1603.306 Labor Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PROCEDURES FOR PREVIOUSLY EXEMPT STATE AND LOCAL GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER SECTION 304 OF...

29 CFR 1603.306 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 29 Labor 4 2010-07-01 2010-07-01 false Judicial review. 1603.306 Section 1603.306 Labor Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PROCEDURES FOR PREVIOUSLY EXEMPT STATE AND LOCAL GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER SECTION 304 OF...

29 CFR 1603.306 - Judicial review.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 29 Labor 4 2014-07-01 2014-07-01 false Judicial review. 1603.306 Section 1603.306 Labor Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PROCEDURES FOR PREVIOUSLY EXEMPT STATE AND LOCAL GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER SECTION 304 OF...

29 CFR 1603.306 - Judicial review.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 29 Labor 4 2011-07-01 2011-07-01 false Judicial review. 1603.306 Section 1603.306 Labor Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PROCEDURES FOR PREVIOUSLY EXEMPT STATE AND LOCAL GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER SECTION 304 OF...

29 CFR 1603.306 - Judicial review.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 29 Labor 4 2013-07-01 2013-07-01 false Judicial review. 1603.306 Section 1603.306 Labor Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PROCEDURES FOR PREVIOUSLY EXEMPT STATE AND LOCAL GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER SECTION 304 OF...

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 SAFETY...

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 SAFETY...

49 CFR 1016.310 - Judicial review.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 49 Transportation 8 2011-10-01 2011-10-01 false Judicial review. 1016.310 Section 1016.310 Transportation Other Regulations Relating to Transportation (Continued) SURFACE TRANSPORTATION BOARD, DEPARTMENT... BY PARTIES TO BOARD ADJUDICATORY PROCEEDINGS Procedures for Considering Applications § 1016.310...

13 CFR 117.18 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Judicial review. 117.18 Section 117.18 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION NONDISCRIMINATION IN FEDERALLY... reasonable attorney's fees, but that the complainant must demand these costs in the complaint; (iii) That...

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…

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. FORD...

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. FORD...

29 CFR 1983.113 - Judicial enforcement.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 29 Labor 9 2013-07-01 2013-07-01 false Judicial enforcement. 1983.113 Section 1983.113 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER SECTION 219 OF THE CONSUMER PRODUCT...

29 CFR 1983.112 - Judicial review.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 29 Labor 9 2012-07-01 2012-07-01 false Judicial review. 1983.112 Section 1983.112 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER SECTION 219 OF THE CONSUMER PRODUCT...

29 CFR 1983.112 - Judicial review.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 29 Labor 9 2011-07-01 2011-07-01 false Judicial review. 1983.112 Section 1983.112 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER SECTION 219 OF THE CONSUMER PRODUCT...

29 CFR 1983.113 - Judicial enforcement.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 29 Labor 9 2011-07-01 2011-07-01 false Judicial enforcement. 1983.113 Section 1983.113 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER SECTION 219 OF THE CONSUMER PRODUCT...

29 CFR 1983.112 - Judicial review.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 29 Labor 9 2013-07-01 2013-07-01 false Judicial review. 1983.112 Section 1983.112 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER SECTION 219 OF THE CONSUMER PRODUCT...

29 CFR 1983.113 - Judicial enforcement.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 29 Labor 9 2012-07-01 2012-07-01 false Judicial enforcement. 1983.113 Section 1983.113 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER SECTION 219 OF THE CONSUMER PRODUCT...

20 CFR 702.434 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-04-01

... WORKERS' COMPENSATION ACT AND RELATED STATUTES ADMINISTRATION AND PROCEDURE Medical Care and Supervision... § 702.434 Judicial review. (a) Any physician, health care provider or claims representative, after any... such review shall not operate as a stay upon the effect of such decision. Such action shall be brought...

42 CFR 414.920 - Judicial review.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 42 Public Health 3 2011-10-01 2011-10-01 false Judicial review. 414.920 Section 414.920 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) MEDICARE PROGRAM PAYMENT FOR PART B MEDICAL AND OTHER HEALTH SERVICES Payment for Drugs and Biologicals...

42 CFR 414.920 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 414.920 Section 414.920 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) MEDICARE PROGRAM PAYMENT FOR PART B MEDICAL AND OTHER HEALTH SERVICES Payment for Drugs and Biologicals...

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.

45 CFR 80.11 - Judicial review.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 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 Act...

45 CFR 80.11 - Judicial review.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 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 Act...

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 Act...

45 CFR 80.11 - Judicial review.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 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 Act...

45 CFR 80.11 - Judicial review.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 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 Act...

19 CFR 207.51 - Judicial review of denial of application for disclosure of certain business proprietary...

Code of Federal Regulations, 2010 CFR

2010-04-01

... 19 Customs Duties 3 2010-04-01 2010-04-01 false Judicial review of denial of application for... SUBSIDIZED EXPORTS TO THE UNITED STATES Judicial Review § 207.51 Judicial review of denial of application for.... Persons entitled to judicial review under section 777(c)(2) of the Commission determination not to...

20 CFR 422.210 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-04-01

... Employees' Benefits SOCIAL SECURITY ADMINISTRATION ORGANIZATION AND PROCEDURES Procedures of the Office of... Social Security Act, or of health services to be provided by a health maintenance organization without...) of the Act). The Social Security Act does not provide for a right to judicial review of a final...

28 CFR 50.9 - Policy with regard to open judicial proceedings.

Code of Federal Regulations, 2010 CFR

2010-07-01

... § 50.9 Policy with regard to open judicial proceedings. Because of the vital public interest in open... of justice. In furtherance of the Department's concern for the right of the public to attend judicial..., sentencing proceedings, or portions thereof, except as indicated in paragraph (e) of this section. (b) A...

5 CFR 1201.127 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... PROCEDURES Procedures for Original Jurisdiction Cases Special Counsel Disciplinary Actions § 1201.127 Judicial review. (a) An employee subject to a final Board decision imposing disciplinary action under 5 U.S... appropriate United States district court. 5 U.S.C. 1508. Special Counsel Corrective Actions ...

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 6.57 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND... District Court in which the requestor resides or has his or her principal place of business or in which the...

[Permanent disability and the insurance estimation process].

PubMed

Soumah, M M; Mbaye, I; Ndiaye, M; Bah, H; Gaye Fall, M C; Sow, M L

2006-01-01

The casualties are indemnified according to two processes. First by transaction on rate proposition of insurance physicians, and the second process on rate proposition by a medical expert assigned by law-court. Indemnification scale failure justifies the Interafrican Conference of insurance Markets code adoption. Six insurance societies and the Automotive Guarantee Fund were debtors. Only 627 victims had been indemnified between 1986 and 2003. Expert valuations done at forensic medicine service were the support of the investigation. Inquired parameters were insurance societies, regulation type, aftermaths and the retained prejudices. The data collected on computer card have been analyzed by software Epi Info. The partial permanent inabilities fixed since its adoption differ to inabilities fixed before this adoption. Transaction process concerned 567 victims (90.4%). Sixty victims were indemnified by judicial way. According to process type, the rates fixed in judicial process were 61.6% middle permanent partial inabilities. After 1997, there have observed a decrease in the high and middle permanent partial inabilities in the two processes. The appreciation of the pretium doloris is more subjective but must repair the aftermaths. The middle pretium was majority in the two processes, before and after 1997 with a high decrease of the middle pretium in the transaction process (-15.07) and a small pretium increase of 10.98 points. A common scale code has decreased the judicial litigation concerning casualties in spite of scales' limits. Only the patients with important aftermaths arrive in the judicial process since 1997.

19 CFR 207.50 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 19 Customs Duties 3 2010-04-01 2010-04-01 false Judicial review. 207.50 Section 207.50 Customs Duties UNITED STATES INTERNATIONAL TRADE COMMISSION NONADJUDICATIVE INVESTIGATIONS INVESTIGATIONS OF WHETHER INJURY TO DOMESTIC INDUSTRIES RESULTS FROM IMPORTS SOLD AT LESS THAN FAIR VALUE OR FROM SUBSIDIZED...

77 FR 66481 - Hearings of the Judicial Conference Advisory Committee on Rules of Civil Procedure

Federal Register 2010, 2011, 2012, 2013, 2014

2012-11-05

... JUDICIAL CONFERENCE OF THE UNITED STATES Hearings of the Judicial Conference Advisory Committee on Rules of Civil Procedure AGENCY: Judicial Conference of the United States, Advisory Committee on Rules... Circle NE., Washington, DC 20544. FOR FURTHER INFORMATION CONTACT: Jonathan C. Rose, Chief Rules Officer...

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

42 CFR 430.38 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... final determination on approvability of plan material (§ 430.18) or compliance with Federal requirements (§ 430.35) has a right to judicial review. (b) Petition for review. (1) The State must file a petition... petition with the Administrator and the Administrator will file in the court the record of the proceedings...

7 CFR 400.96 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... Agency adverse decision to NAD in accordance with 7 CFR part 11 prior to seeking judicial review of the... appealable, the appellant must request a determination of non-appealability from the Director of NAD, and appeal the adverse decision to NAD if the Director determines that it is appealable, prior to seeking...

21 CFR 314.235 - Judicial review.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 21 Food and Drugs 5 2012-04-01 2012-04-01 false Judicial review. 314.235 Section 314.235 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) DRUGS FOR HUMAN USE APPLICATIONS FOR FDA APPROVAL TO MARKET A NEW DRUG Hearing Procedures for New Drugs § 314.235...

28 CFR 15.2 - Expeditious delivery of process and pleadings.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Expeditious delivery of process and pleadings. 15.2 Section 15.2 Judicial Administration DEPARTMENT OF JUSTICE CERTIFICATION AND DECERTIFICATION... § 15.2 Expeditious delivery of process and pleadings. (a) Any Federal employee against whom a civil...

6 CFR 7.13 - Judicial proceedings.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 6 Domestic Security 1 2010-01-01 2010-01-01 false Judicial proceedings. 7.13 Section 7.13 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY CLASSIFIED NATIONAL SECURITY INFORMATION... classified information (see 6 CFR 5.41 through 5.49), required to submit classified information for official...

43 CFR 17.10 - Judicial review.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 43 Public Lands: Interior 1 2014-10-01 2014-10-01 false Judicial review. 17.10 Section 17.10 Public Lands: Interior Office of the Secretary of the Interior NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF THE INTERIOR Nondiscrimination on the Basis of Race, Color, or National...

6 CFR 21.19 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 6 Domestic Security 1 2010-01-01 2010-01-01 false Judicial review. 21.19 Section 21.19 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY NONDISCRIMINATION ON THE BASIS OF RACE, COLOR, OR NATIONAL ORIGIN IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE...

6 CFR 21.19 - Judicial review.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 6 Domestic Security 1 2013-01-01 2013-01-01 false Judicial review. 21.19 Section 21.19 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY NONDISCRIMINATION ON THE BASIS OF RACE, COLOR, OR NATIONAL ORIGIN IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE...

6 CFR 21.19 - Judicial review.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 6 Domestic Security 1 2014-01-01 2014-01-01 false Judicial review. 21.19 Section 21.19 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY NONDISCRIMINATION ON THE BASIS OF RACE, COLOR, OR NATIONAL ORIGIN IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE...

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 Public Lands: Interior Office of the Secretary of the Interior NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF THE INTERIOR Nondiscrimination on the Basis of Race, Color, or National...

6 CFR 21.19 - Judicial review.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 6 Domestic Security 1 2012-01-01 2012-01-01 false Judicial review. 21.19 Section 21.19 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY NONDISCRIMINATION ON THE BASIS OF RACE, COLOR, OR NATIONAL ORIGIN IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE...

6 CFR 21.19 - Judicial review.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 6 Domestic Security 1 2011-01-01 2011-01-01 false Judicial review. 21.19 Section 21.19 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY NONDISCRIMINATION ON THE BASIS OF RACE, COLOR, OR NATIONAL ORIGIN IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE...

43 CFR 17.10 - Judicial review.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 43 Public Lands: Interior 1 2011-10-01 2011-10-01 false Judicial review. 17.10 Section 17.10 Public Lands: Interior Office of the Secretary of the Interior NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF THE INTERIOR Nondiscrimination on the Basis of Race, Color, or National...

78 FR 77492 - Hearings of the Judicial Conference Advisory Committee on Rules of Bankruptcy Procedure; Federal...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-12-23

... JUDICIAL CONFERENCE OF THE UNITED STATES Hearings of the Judicial Conference Advisory Committee on...: Advisory Committee on Rules of Bankruptcy Procedure, Judicial Conference of the United States. ACTION..., 2014, Chicago, IL. FOR FURTHER INFORMATION CONTACT: Jonathan C. Rose, Secretary and Chief Rules Officer...

Judicial perspectives on child passenger protection legislation

DOT National Transportation Integrated Search

1980-08-01

This report provides an analysis of judicial perspectives of general sessions judges concerning the Tennessee child passenger protection law. Two methods were employed to gather information: questionnaire were mailed to 103 judges while 12 judges par...

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…

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 OF THE DEPARTMENT OF THE INTERIOR Nondiscrimination on the Basis of Race, Color, or National Origin...

[The concept of mental health deterioration in light of decisions by higher judicial bodies].

PubMed

Kaya, Ahsen; Aktaş, Ekin Özgür

2014-01-01

Important arrangements were made to protect an individuals' sexual safety in the Turkish Penal Code. During judgments of sexual crimes, the witnesses of medical experts are usually used for evidence collection and for researching whether the crimes were aggravated. Due to this, reports are frequently requested from all physicians in all fields of medicine in their daily clinical practices by judicial authorities. Following implementation of the new Turkish Penal Code, the concept of mental health deterioration was frequently discussed and is still a discussed topic in the fields of both law and medicine in terms of crimes against sexual immunity. It is believed that subjects discussed in this article will provide important information for both adult, child and adolescent mental health professionals in terms of drawing attention to the importance of the medicolegal evaluations which are frequently requested from psychiatrists in their daily clinical practice and in terms of providing an evaluation of the concept of mental health deterioration in light of judicial decisions. Regarding the process from the beginning of application to the present, prejudications reduce questions about how the concept must be evaluated and what the meaning of the concept is. In this study, the decisions of Higher Judicial Bodies were researched and situations relating to how concepts must be evaluated and the meaning of the concept of mental health deterioration today in accordance with the prejudications were presented.

Exploration of the association between apology and forgiveness amongst victims of human rights violations.

PubMed

Allan, Alfred; Allan, Maria M; Kaminer, Debra; Stein, Dan J

2006-01-01

Forgiving may lead to an improvement of mental health, and from a therapeutic jurisprudence perspective it is important to establish what aspects of judicial procedures can be changed to promote forgiving. The literature suggests that receiving an apology may encourage forgiving. However, there is a dearth of empirical research regarding the association between forgiving and apology in judicial settings. This paper reports the findings of a study that examined the association between forgiving and four restorative situations (i.e. excuse, admission of guilt, apology, and true sorriness) in a group of 134 victims of gross human rights violations who were actual or potential participants in the proceedings of the South African Truth and Reconciliation Commission. The best predictors of forgiveness in this sample were gender and whether victims perceived wrongdoers to be truly sorry. Copyright (c) 2006 John Wiley & Sons, Ltd.

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)

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. (c) 2014 APA, all rights reserved.

Craniocervical injuries in judicial hangings: an anthropologic analysis of six cases.

PubMed

Spence, M W; Shkrum, M J; Ariss, A; Regan, J

1999-12-01

Restoration projects and archaeologic excavations in two Canadian prisons resulted in the recovery of the skeletons of six felons executed by judicial hanging. Damage inflicted by hanging on various skeletal elements was observed. Among the injuries seen were fractures of the hyoid cornua, styloid processes, occipital bones, and cervical vertebral bodies (C2) and transverse processes (C1, C2, C3, and C5). Despite the general uniformity of the hanging technique, which involved a subaural knot, the trauma to the skeletal elements and the cause of death varied among individuals. Although some of this variation was probably due to minor differences in hanging practices, individual anatomic peculiarities of the victims likely also contributed.

42 CFR 457.208 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... dissatisfied with the Administrator's final determination on approvability of plan material (§ 457.203) or compliance with Federal requirements (§ 457.204) has a right to judicial review. (b) Petition for review. (1) The State must file a petition for review with the U.S. Court of Appeals for the circuit in which the...

Debunking some judicial myths about epidemiology and its relevance to UK tort law.

PubMed

Mcivor, Claire

2013-01-01

Due to the limitations of current medical knowledge, claimants in complicated disease litigation often experience difficulties in proving causation. This paper aims to demonstrate that in some instances these difficulties could be overcome through greater use of epidemiological evidence. To encourage greater use of such evidence, it is first of all necessary to address and correct a series of common judicial misconceptions of epidemiology as a scientific discipline. By distinguishing epidemiology from the application of bare statistics, and by explaining that the courts are not automatically bound by an epidemiological result of 51+% to hold that causation has been established, this paper seeks to allay common judicial concerns about epidemiological evidence. It further seeks to demonstrate that the current judicial approach to determining questions of probabilistic causation is fundamentally flawed and that it could be significantly improved through greater use of specialist epidemiological expert witnesses. On the issue of expertise, the paper goes on to highlight the problems associated with the tendency of UK lawyers to turn to clinicians as experts on all matters of biomedical science.

40 CFR 123.30 - Judicial review of approval or denial of permits.

Code of Federal Regulations, 2014 CFR

2014-07-01

... NPDES permit (see § 509 of the Clean Water Act). A State will not meet this standard if it narrowly... (CONTINUED) WATER PROGRAMS STATE PROGRAM REQUIREMENTS State Program Submissions § 123.30 Judicial review of... surface waters in order to obtain judicial review.) This requirement does not apply to Indian Tribes. [61...

40 CFR 123.30 - Judicial review of approval or denial of permits.

Code of Federal Regulations, 2011 CFR

2011-07-01

... NPDES permit (see § 509 of the Clean Water Act). A State will not meet this standard if it narrowly... (CONTINUED) WATER PROGRAMS STATE PROGRAM REQUIREMENTS State Program Submissions § 123.30 Judicial review of... surface waters in order to obtain judicial review.) This requirement does not apply to Indian Tribes. [61...

40 CFR 123.30 - Judicial review of approval or denial of permits.

Code of Federal Regulations, 2010 CFR

2010-07-01

... NPDES permit (see § 509 of the Clean Water Act). A State will not meet this standard if it narrowly... (CONTINUED) WATER PROGRAMS STATE PROGRAM REQUIREMENTS State Program Submissions § 123.30 Judicial review of... surface waters in order to obtain judicial review.) This requirement does not apply to Indian Tribes. [61...

40 CFR 123.30 - Judicial review of approval or denial of permits.

Code of Federal Regulations, 2013 CFR

2013-07-01

... NPDES permit (see § 509 of the Clean Water Act). A State will not meet this standard if it narrowly... (CONTINUED) WATER PROGRAMS STATE PROGRAM REQUIREMENTS State Program Submissions § 123.30 Judicial review of... surface waters in order to obtain judicial review.) This requirement does not apply to Indian Tribes. [61...

40 CFR 123.30 - Judicial review of approval or denial of permits.

Code of Federal Regulations, 2012 CFR

2012-07-01

... NPDES permit (see § 509 of the Clean Water Act). A State will not meet this standard if it narrowly... (CONTINUED) WATER PROGRAMS STATE PROGRAM REQUIREMENTS State Program Submissions § 123.30 Judicial review of... surface waters in order to obtain judicial review.) This requirement does not apply to Indian Tribes. [61...

30 CFR 937.775 - 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. 937.775 Section 937.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE OREGON...

30 CFR 937.775 - 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. 937.775 Section 937.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE OREGON...

30 CFR 937.775 - 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. 937.775 Section 937.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE OREGON...

30 CFR 937.775 - 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. 937.775 Section 937.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE OREGON...

30 CFR 912.775 - 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. 912.775 Section 912.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE IDAHO...

15 CFR 0.735-50 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false Judicial review. 0.735-50 Section 0.735-50 Commerce and Foreign Trade Office of the Secretary of Commerce EMPLOYEE RESPONSIBILITIES AND CONDUCT Disciplinary Actions Concerning Post-Employment Conflict of Interest Violations § 0.735-50...

41 CFR 128-1.8010 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-07-01

... procedural, enforceable at law by a party against the Department of Justice, its Seismic Safety Coordinators... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Judicial review. 128-1... Regulations System (Continued) DEPARTMENT OF JUSTICE 1-INTRODUCTION 1.80-Seismic Safety Program § 128-1.8010...

Cloning: A Review on Bioethics, Legal, Jurisprudence and Regenerative Issues in Iran.

PubMed

Nabavizadeh, Seyedeh Leila; Mehrabani, Davood; Vahedi, Zabihallah; Manafi, Farzad

2016-09-01

In recent years, the cloning technology has remarkably developed in Iran, but unfortunately, the required legal framework has not been created to support and protect such developments yet. This legal gap may lead to abuse of scientific researches to obtain illegal benefits and to undermine the intellectual property rights of scientists and researchers. Thus to prevent such consequences, the attempts should be made to create an appropriate legal-ethical system and an approved comprehensive law. In this review we concluded that the right method is guiding and controlling the cloning technology and banning the technique is not always fruitful. Of course, it should be taken into accounts that all are possible if the religion orders human cloning in the view of jurisprudence and is considered as permission. In other words, although the religious order on human cloning can be an absolute permission based on the strong principle of permission, it is not unlikely that in the future, corruption is proved to be real for them, Jurists rule it as secondary sanctity and even as primary one. If it is proved, the phenomenon is considered as example of required affairs based on creation of ethical, social and medical disorders, religious and ethical rulings cannot be as permission for it, and it seems that it is a point that only one case can be a response to it and it needs nothing but time.

Cloning: A Review on Bioethics, Legal, Jurisprudence and Regenerative Issues in Iran

PubMed Central

Nabavizadeh, Seyedeh Leila; Mehrabani, Davood; Vahedi, Zabihallah; Manafi, Farzad

2016-01-01

In recent years, the cloning technology has remarkably developed in Iran, but unfortunately, the required legal framework has not been created to support and protect such developments yet. This legal gap may lead to abuse of scientific researches to obtain illegal benefits and to undermine the intellectual property rights of scientists and researchers. Thus to prevent such consequences, the attempts should be made to create an appropriate legal-ethical system and an approved comprehensive law. In this review we concluded that the right method is guiding and controlling the cloning technology and banning the technique is not always fruitful. Of course, it should be taken into accounts that all are possible if the religion orders human cloning in the view of jurisprudence and is considered as permission. In other words, although the religious order on human cloning can be an absolute permission based on the strong principle of permission, it is not unlikely that in the future, corruption is proved to be real for them, Jurists rule it as secondary sanctity and even as primary one. If it is proved, the phenomenon is considered as example of required affairs based on creation of ethical, social and medical disorders, religious and ethical rulings cannot be as permission for it, and it seems that it is a point that only one case can be a response to it and it needs nothing but time. PMID:27853684

42 CFR 425.800 - Preclusion of administrative and judicial review.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 42 Public Health 3 2012-10-01 2012-10-01 false Preclusion of administrative and judicial review. 425.800 Section 425.800 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH... assessment of the quality of care furnished by an ACO under the performance standards established in § 425...

42 CFR 425.800 - Preclusion of administrative and judicial review.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 42 Public Health 3 2014-10-01 2014-10-01 false Preclusion of administrative and judicial review. 425.800 Section 425.800 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH... assessment of the quality of care furnished by an ACO under the performance standards established in § 425...

42 CFR 425.800 - Preclusion of administrative and judicial review.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 42 Public Health 3 2013-10-01 2013-10-01 false Preclusion of administrative and judicial review. 425.800 Section 425.800 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH... assessment of the quality of care furnished by an ACO under the performance standards established in § 425...

"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. Copyright © 2014 Elsevier Ltd. All rights reserved.

28 CFR 26.23 - Certification process.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Certification process. 26.23 Section 26.23 Judicial Administration DEPARTMENT OF JUSTICE DEATH SENTENCES PROCEDURES Certification Process for... mechanism for providing legal representation to indigent prisoners in state postconviction proceedings in...

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 of...

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 of...

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 of...

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 of...

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 of...

Judicial intervention in alcohol regulation: an empirical legal analysis.

PubMed

Muhunthan, Janani; Angell, Blake; Wilson, Andrew; Reeve, Belinda; Jan, Stephen

2017-08-01

While governments draft law and policy to promote public health, it is through cases put before the judiciary that the implementation of law can be challenged and where its practical implications are typically determined. In this paper, we examine the role of court judgements on efforts in Australia to regulate the harmful use of alcohol. Australian case law (2010 to June 2015) involving the judicial review of administrative decisions relating to development applications or liquor licences for retail liquor outlets (bottle shops), hotels, pubs and clubs was identified using a case law database (WestLaw AU). Data were extracted and analysed using standard systematic review techniques. A total of 44 cases were included in the analysis. Of these, 90% involved appeals brought by industry actors against local or state government stakeholders seeking to reject applications for development applications and liquor licences. The proportion of judicial decisions resulting in outcomes in favour of industry was 77%. Public health research evidence appeared to have little or no influence, as there is no requirement for legislation to consider public health benefit. Implications for public health: A requirement that the impact on public health is considered in legislation will help to offset its strong pro-competition emphasis, which in turn has strongly influenced judicial decision making in this area. © 2017 The Authors.

Judicial Decisions in the Field of Labour Law.

ERIC Educational Resources Information Center

International Labour Review, 1982

1982-01-01

Presents a selection of summaries of recent judicial decisions in a number of countries concerninq the application of general legal principles to contracts of employment, acquired rights, liability of employers and workers, access to employment, nature of the employment relationship, and more. (Editor/CT)

40 CFR 49.159 - Final permit issuance and administrative and judicial review.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 40 Protection of Environment 1 2014-07-01 2014-07-01 false Final permit issuance and administrative and judicial review. 49.159 Section 49.159 Protection of Environment ENVIRONMENTAL PROTECTION... Federal Implementation Plan Provisions Federal Minor New Source Review Program in Indian Country § 49.159...

40 CFR 49.159 - Final permit issuance and administrative and judicial review.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 40 Protection of Environment 1 2012-07-01 2012-07-01 false Final permit issuance and administrative and judicial review. 49.159 Section 49.159 Protection of Environment ENVIRONMENTAL PROTECTION... Federal Implementation Plan Provisions Federal Minor New Source Review Program in Indian Country § 49.159...

40 CFR 49.159 - Final permit issuance and administrative and judicial review.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 40 Protection of Environment 1 2013-07-01 2013-07-01 false Final permit issuance and administrative and judicial review. 49.159 Section 49.159 Protection of Environment ENVIRONMENTAL PROTECTION... Federal Implementation Plan Provisions Federal Minor New Source Review Program in Indian Country § 49.159...

40 CFR 49.159 - 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. 49.159 Section 49.159 Protection of Environment ENVIRONMENTAL PROTECTION... Federal Implementation Plan Provisions Federal Minor New Source Review Program in Indian Country § 49.159...

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

Federal Register 2010, 2011, 2012, 2013, 2014

2011-10-03

... Committees on Administration and Management, Collaborative Governance, Judicial Review, and Regulation ACTION... Collaborative Governance The Committee on Collaborative Governance will consider recommending improvements to... imposed by FACA or improve the transparency of FACA committees. The Committee on Collaborative Governance...

[No improvement of disciplinary jurisprudence since the implementation of the Individual Health Care Professions Act (IHCP Act)].

PubMed

Hout, F A; Cuperus-Bosma, J M; de Peuter, O R; Hubben, J H; van der Wal, G

2004-01-17

To compare the number and nature of the complaints, the complainants, the accused health professionals and the sanctions imposed by the disciplinary boards before and after the Individual Health Care Professions Act (IHCP Act) came into effect at the end of 1997. Descriptive, retrospective. The authors examined all 4980 verdicts pronounced by the disciplinary boards in the first instance during the period 1995-1997 (before the IHCP Act) and then during the period 1999-2001 (after the IHCP Act), together with the resulting appeal procedures involving physicians, dentists, pharmacists and midwives. The following were noted: the year of the verdict, the number and nature of the complaints, the types of complainants, the categories of professionals accused, the nature of the verdicts, and the number of appeal procedures. During the first period, 2453 complaints were brought before the disciplinary board, compared to 2527 during the second period. Most of the complaints were made against physicians (92% in both periods). The number of complaints that were declared to be justified fell from 19% to 15% (p < 0.001). In both periods, approximately half of the complaints concerned 'lack of care or inadequate care' or 'incorrect treatment', the most frequent verdict was a warning (67% and 72%, respectively), and appeals were lodged against almost one-third of the verdicts. The number of complaints submitted by the Inspectorate for Health Care decreased from 47 to 19. In any important aspects, the IHCP Act did not lead to improvement in the disciplinary jurisprudence. The decrease in the number of complaints that were declared to be justified could be explained by the change in composition of the disciplinary boards prescribed by the IHCP Act (more lawyers and less fellow professionals). Informing citizens about disciplinary jurisprudence and other procedures for lodging complaints may increase the number of justified complaints and hence the number of 'justified' verdicts

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

Federal Register 2010, 2011, 2012, 2013, 2014

2011-09-02

... Committees on Administration and Management, Collaborative Governance, Judicial Review, and Regulation ACTION... Governance The Committee on Collaborative Governance will meet to consider two projects. The committee will... FACA committees. The Committee on Collaborative Governance will also discuss a project regarding the...

[Informing patients in otorhinolaryngology: legislation, jurisprudence, and incidences in practice].

PubMed

Manaouil, C; Strunski, V

2007-03-01

The law of March 4, 2002 is the pedestal of legal responsibility in medicine in France. This law resumed data stemming from the jurisprudence but innovated also by establishing for example the "confidant" person and the direct access of the patient to his medical file. This law established or strengthened the rights of the patients: respect for dignity, respect for refusal of care, right to end-of-life care, right to adequate analgesia, right to the respect for professional confidentiality but also right to the information. The obligation of information is justified by the respect for the autonomy of the patient and by the necessity of obtaining a free and lit assent. Information is not only a preliminary to the medical act; it has to be done before, during and after. In case of complication, it will be reinforced. The information has to deal with the necessity of the medical act, the expected benefits, the possible urgency, the consequences, the normally predictable frequent or severe complications, the alternatives and the predictable consequences in case of refusal. The oto-laryngologist can refuse to perform an act prescribed by a colleague that he considers useless or too dangerous as compared to the benefit expected. The surgical oto-laryngologist in private practice has to prove that he informed his patient and it is his (compulsory) malpractice insurance that financially compensates the patient in case insufficient information leads the patient to lose his or her chance to refuse treatment. If the surgical oto-laryngologist practices in a public hospital, the establishment has to bring this proof of sufficient information, and in case of litigation, the hospital must provide compensation. One will note that the more difficult it is to justify the medical act, the less the judges tend to tolerate insufficient patient information. If the indication of the act is indisputable from a medical standpoint, then legally there is usually no ground for litigation due

Violate, incur sanctions, and exhaust: the steep price of judicial review under Illinois Council.

PubMed

Burke, Virginia

2003-01-01

This Article analyzes the decision in Shalala v. Illinois Council on Long Term Care, Inc., in which the Supreme Court held that providers seeking to challenge Medicare regulations must first pursue those challenges through an administrative review process, except when application of this rule would result in "no review at all." In reaching this decision, the five-justice majority rejected the interpretation given to prior holdings by many commentators and circuits, and reasoned that it was appropriate to require providers to exhaust their administrative appeals even though the penalties for the challenged violations would not be stayed during the process. Given the nature of the administrative appeal process and the scope of penalties that may be assessed against Medicare providers, the author argues that the decision in Illinois Council evidences excessive deference towards the agency, or a disinclination on the part of the court towards entertaining Medicare lawsuits, either of which bodes ill for providers seeking judicial relief.

32 CFR 270.13 - No right to judicial review or legal cause of action.

Code of Federal Regulations, 2010 CFR

2010-07-01

... DEMOCRATIC REPUBLIC OF VIETNAM Payment § 270.13 No right to judicial review or legal cause of action. Subject... 32 National Defense 2 2010-07-01 2010-07-01 false No right to judicial review or legal cause of..., and such review is specifically precluded. This part does not create or acknowledge any legal right or...

7 CFR 1.215 - Subpoenas duces tecum for USDA records in judicial or administrative proceedings in which the...

Code of Federal Regulations, 2013 CFR

2013-01-01

... 7 Agriculture 1 2013-01-01 2013-01-01 false Subpoenas duces tecum for USDA records in judicial or... the Secretary of Agriculture ADMINISTRATIVE REGULATIONS Appearance of USDA Employees as Witnesses in Judicial or Administrative Proceedings § 1.215 Subpoenas duces tecum for USDA records in judicial or...

7 CFR 1.215 - Subpoenas duces tecum for USDA records in judicial or administrative proceedings in which the...

Code of Federal Regulations, 2014 CFR

2014-01-01

... 7 Agriculture 1 2014-01-01 2014-01-01 false Subpoenas duces tecum for USDA records in judicial or... the Secretary of Agriculture ADMINISTRATIVE REGULATIONS Appearance of USDA Employees as Witnesses in Judicial or Administrative Proceedings § 1.215 Subpoenas duces tecum for USDA records in judicial or...

7 CFR 1.215 - Subpoenas duces tecum for USDA records in judicial or administrative proceedings in which the...

Code of Federal Regulations, 2012 CFR

2012-01-01

... 7 Agriculture 1 2012-01-01 2012-01-01 false Subpoenas duces tecum for USDA records in judicial or... the Secretary of Agriculture ADMINISTRATIVE REGULATIONS Appearance of USDA Employees as Witnesses in Judicial or Administrative Proceedings § 1.215 Subpoenas duces tecum for USDA records in judicial or...

7 CFR 1.215 - Subpoenas duces tecum for USDA records in judicial or administrative proceedings in which the...

Code of Federal Regulations, 2011 CFR

2011-01-01

... 7 Agriculture 1 2011-01-01 2011-01-01 false Subpoenas duces tecum for USDA records in judicial or... the Secretary of Agriculture ADMINISTRATIVE REGULATIONS Appearance of USDA Employees as Witnesses in Judicial or Administrative Proceedings § 1.215 Subpoenas duces tecum for USDA records in judicial or...

7 CFR 1.215 - Subpoenas duces tecum for USDA records in judicial or administrative proceedings in which the...

Code of Federal Regulations, 2010 CFR

2010-01-01

... 7 Agriculture 1 2010-01-01 2010-01-01 false Subpoenas duces tecum for USDA records in judicial or... the Secretary of Agriculture ADMINISTRATIVE REGULATIONS Appearance of USDA Employees as Witnesses in Judicial or Administrative Proceedings § 1.215 Subpoenas duces tecum for USDA records in judicial or...

26 CFR 301.6231(e)-2 - Judicial decision not a bar to certain adjustments.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Judicial decision not a bar to certain....6231(e)-2 Judicial decision not a bar to certain adjustments. (a) In general. A court decision with respect to a partner's income tax liability attributable to nonpartnership items shall not be a bar to...

7 CFR 15f.26 - May I seek judicial review of the final determination?

Code of Federal Regulations, 2013 CFR

2013-01-01

... 7 Agriculture 1 2013-01-01 2013-01-01 false May I seek judicial review of the final determination? 15f.26 Section 15f.26 Agriculture Office of the Secretary of Agriculture ADJUDICATIONS UNDER SECTION 741 What if I Do Not Agree With the Final Determination by USDA? § 15f.26 May I seek judicial review...

7 CFR 15f.26 - May I seek judicial review of the final determination?

Code of Federal Regulations, 2014 CFR

2014-01-01

... 7 Agriculture 1 2014-01-01 2014-01-01 false May I seek judicial review of the final determination? 15f.26 Section 15f.26 Agriculture Office of the Secretary of Agriculture ADJUDICATIONS UNDER SECTION 741 What if I Do Not Agree With the Final Determination by USDA? § 15f.26 May I seek judicial review...

7 CFR 15f.26 - May I seek judicial review of the final determination?

Code of Federal Regulations, 2012 CFR

2012-01-01

... 7 Agriculture 1 2012-01-01 2012-01-01 false May I seek judicial review of the final determination? 15f.26 Section 15f.26 Agriculture Office of the Secretary of Agriculture ADJUDICATIONS UNDER SECTION 741 What if I Do Not Agree With the Final Determination by USDA? § 15f.26 May I seek judicial review...

7 CFR 15f.26 - May I seek judicial review of the final determination?

Code of Federal Regulations, 2011 CFR

2011-01-01

... 7 Agriculture 1 2011-01-01 2011-01-01 false May I seek judicial review of the final determination? 15f.26 Section 15f.26 Agriculture Office of the Secretary of Agriculture ADJUDICATIONS UNDER SECTION 741 What if I Do Not Agree With the Final Determination by USDA? § 15f.26 May I seek judicial review...

7 CFR 15f.26 - May I seek judicial review of the final determination?

Code of Federal Regulations, 2010 CFR

2010-01-01

... 7 Agriculture 1 2010-01-01 2010-01-01 false May I seek judicial review of the final determination? 15f.26 Section 15f.26 Agriculture Office of the Secretary of Agriculture ADJUDICATIONS UNDER SECTION 741 What if I Do Not Agree With the Final Determination by USDA? § 15f.26 May I seek judicial review...

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…

Foster family care review by judicial-citizen panels: an evaluation.

PubMed

Lindsey, E W; Wodarski, J S

1986-01-01

The findings of this study are mixed. In general, after one year of judicial-citizen review, there is no clear indication that this alternative to internal case review has led to more positive outcomes for children in foster care. This finding should be heartening to public child welfare agency personnel whose motivation for accountability has been called into question by proponents of external foster care review. At least when compared with a new citizen review system, the already existing internal review system measured up quite well. Although the study did not indicate a clear pattern of more positive outcomes for the study group, there is evidence of some favorable characteristics of CRPs that may show promise for the future. With additional training in developing behaviorally measurable and time-limited parental objectives, citizen panels may be able to maintain some of their initial strength in this area. Increased involvement of juvenile court judges in cases where little or no progress is made could motivate some parents to meet specified objectives and speed up the process of terminating parental rights when no progress has been demonstrated within specified time periods. The data also indicate a need for some adjustment to the process used to involve parents in case reviews. Another potentially positive outcome was highlighted during interviews with the juvenile court judges and the DFCS staff in the three study counties. Many of these respondents believed that the process had the potential for moving children out of foster care more quickly than does the internal review process. In addition to this primary goal, however, respondents were excited about the potential for heightened community awareness and education as citizens come to understand more about the plight of foster children and family conditions that can lead to placement. Interviews with panel members themselves indicated a definite belief that the community needed to accept more

[Evaluation of Articles 33 and 59, of the Code of Deontology of Doctors in Catalonia (2005), judicially annulled].

PubMed

Collazo Chao, Eliseo

2009-01-01

At the end of the year 2004, the Autonomous Conseil of the Medical School in Catalonia (Spain) approved its Deontology Code. The articles 33 and 59 were then judicially resorted by more than one hundred doctors in Catalonia; nowadays those articles themselves have been annulled by judicial sentence. This research aims to accomplish a valuation ethical and deontological of the annulled articles, according to the statutes.

A school peer mediation program as a context for exploring therapeutic jurisprudence (TJ): Can a peer mediation program inform the law?

PubMed

McWilliam, Nicky

2010-01-01

This paper reports an exploratory study of a school peer mediation program implemented as an alternative way to manage bullying and other destructive conflict. The study explores the effects of the program on the well-being of members of the school community by examining perceptions of students, staff and a sample of parents and former students. Drawing on therapeutic jurisprudence (TJ) the study explores whether the component parts of the program, separately or together, promote intended or unintended therapeutic effects. The preliminary findings of the study emphasise the importance of peer mediation training and suggest that existing scholarship in the area of school conflict resolution and peer mediation, when viewed through a TJ lens, may provide valuable insights into how to optimally configure programs for development and adoption in schools and other community settings. The study highlights the lack of attention paid by the legal system to valuable scholarship in the area of school conflict resolution and peer mediation, which may have implications for the understanding and development of legal processes and the law in general. Copyright © 2010 Elsevier Ltd. All rights reserved.

49 CFR 1503.661 - Judicial review of a final order.

Code of Federal Regulations, 2010 CFR

2010-10-01

... AND ENFORCEMENT PROCEDURES Rules of Practice in TSA Civil Penalty Actions § 1503.661 Judicial review of a final order. For violations of a TSA requirement, a party may petition for review of a final...

28 CFR 68.57 - Judicial review of the final agency order of an Administrative Law Judge in cases arising under...

Code of Federal Regulations, 2010 CFR

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS...

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 Appeals...

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 Appeals...

Child maltreatment: the collaboration of child welfare, mental health, and judicial system.

PubMed

Butler, S; Atkinson, L; Magnatta, M; Hood, E

1995-03-01

The alliance of child welfare, mental health, and legal systems has received little empirical attention, despite the magnitude of its impact on children and families. We examined the congruence of child protection agencies legal positions, court clinic recommendations, and judicial dispositions in a sample of 59 contested child maltreatment cases. Placement recommendations/decisions among all three systems were highly correlated, although the relationship was not so strong as to undermine the independence of any one system. Where there was disagreement between successive evaluations, it was in the direction of enhancing family integrity and parental access rights. We advanced three hypotheses to account for our findings: (a) changes in successive recommendations reflect the increasing sophistication of the assessment process; (b) changes reflect increasing distance from the family's ecology and are therefore increasingly ill informed; and (c) the changes are purely probabilistic, reflecting a drift toward the societal status quo.

Judicious Discipline: A Case Study of a Student Teacher.

ERIC Educational Resources Information Center

Ackley, Blaine C.; Campbell, Travis C.

This study examined the effects of using the Judicious Discipline (JD) program in one student teacher's classroom. The student teacher administered anonymous student surveys on discipline to his high school social studies class. He then introduced and discussed freedom, justice, and equality with his students and examined the concepts of rights…

[More than a decade improving medical and judicial certification in mortality statistics of death causes].

PubMed

Cirera, Lluís; Salmerón, Diego; Martínez, Consuelo; Bañón, Rafael María; Navarro, Carmen

2018-06-06

After the return of Spain to democracy and the regional assumption of government powers, actions were initiated to improve the mortality statistics of death causes. The objective of this work was to describe the evolution of the quality activities improvements into the statistics of death causes on Murcia's region during 1989 to 2011. Descriptive epidemiological study of all death documents processed by the Murcia mortality registry. Use of indicators related to the quality of the completion of death in medical and judicial notification; recovery of information on the causes and circumstances of death; and impact on the statistics of ill-defined, unspecific and less specific causes. During the study period, the medical notification without a temporary sequence on the death certificate (DC) has decreased from 46% initial to 21% final (p less than 0.001). Information retrieval from sources was successful in 93% of the cases in 2001 compared to 38%, at the beginning of the period (p less than 0.001). Regional rates of ill-defined and unspecific causes fell more than national ones, and they were in the last year with a differential of 10.3 (p less than 0.001) and 2.8 points (p=0.001), respectively. The medical death certification improved in form and suitability. Regulated recovery of the causes of death and circumstances corrected medical and judicial information. The Murcia's region presented lower rates in less specified causes and ill-defined entities than national averages.

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'…

28 CFR 68.57 - Judicial review of the final agency order of an Administrative Law Judge in cases arising under...

Code of Federal Regulations, 2013 CFR

2013-07-01

... 28 Judicial Administration 2 2013-07-01 2013-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR...

28 CFR 68.57 - Judicial review of the final agency order of an Administrative Law Judge in cases arising under...

Code of Federal Regulations, 2012 CFR

2012-07-01

... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR...

28 CFR 68.57 - Judicial review of the final agency order of an Administrative Law Judge in cases arising under...

Code of Federal Regulations, 2014 CFR

2014-07-01

... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR...

28 CFR 68.57 - Judicial review of the final agency order of an Administrative Law Judge in cases arising under...

Code of Federal Regulations, 2011 CFR

2011-07-01

... 28 Judicial Administration 2 2011-07-01 2011-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR...

Fetal protection and potential liability: judicial application of the Pregnancy Discrimination Act and the disparate impact theory.

PubMed

Moelis, L S

1985-01-01

"Fetal vulnerability programs," which are employer attempts to protect employees' unborn fetuses from harm caused by the mothers' exposure to hazardous material in the workplace, have been challenged as a form of employment discrimination. This Note analyzes the recent judicial application of the Pregnancy Discrimination Act (PDA) and the disparate impact theory to fetal vulnerability cases. The Note also examines the business necessity defense's accommodation of legitimate employer interests. The Note concludes that a more potent business necessity defense, a stricter standard for evaluating alternative protective measures, and a judicial interpretation of the PDA which is more consistent with congressional intent are necessary for fair and reasonable resolution of these cases.

Iberian (South American) Model of Judicial Review: Toward Conceptual Framework

ERIC Educational Resources Information Center

Klishas, Andrey A.

2016-01-01

The paper explores Latin American countries legislation with the view to identify specific features of South American model of judicial review. The research methodology rests on comparative approach to analyzing national constitutions' provisions and experts' interpretations thereof. The constitutional provisions of Brazil, Peru, Mexico, and…

The Legitimizing Function of Judicial Rhetoric in the Eugenics Controversy.

ERIC Educational Resources Information Center

Hasian, Marouf, Jr.; Croasmun, Earl

1992-01-01

Investigates the possibility that judicial policymaking is responsive to the situational exigencies created in part through public discourse. Investigates the elite and public perspectives regarding the eugenics controversy in the 1920s to explore the emergent relationship between the public and technical spheres of argument. (SR)

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

Judicial outcomes of child abuse homicide.

PubMed

Hewes, Hilary A; Keenan, Heather T; McDonnell, William M; Dudley, Nanette C; Herman, Bruce E

2011-10-01

To determine whether convictions and sentencing differ between child abuse homicide cases and adult homicide cases and to identify characteristics of the victim, suspect, or crime that influence conviction and sentencing results. Retrospective case review. Homicide data abstracted from the National Violent Death Reporting System in Utah. All deaths classified as homicide in Utah between January 1, 2002, and December 31, 2007. Judicial processing of homicide cases for conviction and sentencing results. Conviction rate, level of felony conviction, and severity of sentencing for suspects of child abuse homicide vs adult homicide. Utah had 373 homicide victims during the study period; 52 cases were child abuse homicide. Among 211 homicide cases with an identified suspect, conviction rates for child abuse homicide (88.2%) and adult homicide (83.0%) were similar (risk ratio, 1.0; 95% confidence interval [CI], 0.8-1.4). There were no significant differences in level of felony conviction (adjusted risk ratio, 0.8; 95% CI, 0.4-1.3) or severity of sentencing (adjusted risk ratio, 0.8; 95% CI, 0.5-1.5) for suspects of child abuse homicide vs adult homicide. Among child abuse homicide cases, no demographic factor was significantly associated with felony conviction results. Suspects of child abuse homicide are convicted at a rate similar to that of suspects of adult homicide and receive similar levels of felony conviction and severity of sentencing.

High-Rise Construction in Densely Dwelled Cities: Requirements for Premises Insolation and Consequences of their Violation in Russian Law and Jurisprudence

NASA Astrophysics Data System (ADS)

Gongalo, Boris; Gudovicheva, Lubov; Gubareva, Anna; Dobrynina, Larisa

2018-03-01

The issues of constructing high-rise, primarily residential, buildings have a great social significance. Not every plot of land, acquired in the Russian Federation is suitable for high-rise construction. Therefore, every construction company that plans to erect a multi-apartment building, a high-rise office building, or a skyscraper must take into account not only technical norms but as well sanitary legislation regulations that set obligatory requirements about insolation of apartments. The article includes a short study of several norms in the Russian legislation regarding insolation of dwellings; analises the problems of judicial interpretation of the statutory limitations. In this aspect it researches the debatable questions arising in practice of state arbitration courts dealing with the lawsuits on allocation of land-plots by the local administration. The analysis of the judicial practice is followed by description of the difficulties facing the developers of land-plots, concerning the project and territorial planning documentation.

41 CFR 102-74.345 - Does the smoking policy in this part apply to the judicial branch?

Code of Federal Regulations, 2011 CFR

2011-01-01

... 41 Public Contracts and Property Management 3 2011-01-01 2011-01-01 false Does the smoking policy... REGULATION REAL PROPERTY 74-FACILITY MANAGEMENT Facility Management Smoking § 102-74.345 Does the smoking policy in this part apply to the judicial branch? This smoking policy applies to the judicial branch when...

41 CFR 102-74.345 - Does the smoking policy in this part apply to the judicial branch?

Code of Federal Regulations, 2013 CFR

2013-07-01

... 41 Public Contracts and Property Management 3 2013-07-01 2013-07-01 false Does the smoking policy... REGULATION REAL PROPERTY 74-FACILITY MANAGEMENT Facility Management Smoking § 102-74.345 Does the smoking policy in this part apply to the judicial branch? This smoking policy applies to the judicial branch when...

41 CFR 102-74.345 - Does the smoking policy in this part apply to the judicial branch?

Code of Federal Regulations, 2010 CFR

2010-07-01

... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Does the smoking policy... REGULATION REAL PROPERTY 74-FACILITY MANAGEMENT Facility Management Smoking § 102-74.345 Does the smoking policy in this part apply to the judicial branch? This smoking policy applies to the judicial branch when...

41 CFR 102-74.345 - Does the smoking policy in this part apply to the judicial branch?

Code of Federal Regulations, 2012 CFR

2012-01-01

... 41 Public Contracts and Property Management 3 2012-01-01 2012-01-01 false Does the smoking policy... REGULATION REAL PROPERTY 74-FACILITY MANAGEMENT Facility Management Smoking § 102-74.345 Does the smoking policy in this part apply to the judicial branch? This smoking policy applies to the judicial branch when...

41 CFR 102-74.345 - Does the smoking policy in this part apply to the judicial branch?

Code of Federal Regulations, 2014 CFR

2014-01-01

... 41 Public Contracts and Property Management 3 2014-01-01 2014-01-01 false Does the smoking policy... REGULATION REAL PROPERTY 74-FACILITY MANAGEMENT Facility Management Smoking § 102-74.345 Does the smoking policy in this part apply to the judicial branch? This smoking policy applies to the judicial branch when...

A Call for Restorative Justice in Higher Education Judicial Affairs

ERIC Educational Resources Information Center

Clark, Karen L.

2014-01-01

This paper aims to provide support for post-secondary institutions' exploring and implementing restorative justice in their judicial practices. Although restorative principles have been employed successfully across the globe in criminal proceedings and K-12 education, most colleges and universities have not yet embraced this practice. By exploring…

29 CFR 1905.51 - Finality for purposes of judicial review.

Code of Federal Regulations, 2010 CFR

2010-07-01

... UNDER THE WILLIAMS-STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 Effect of Initial Decisions § 1905... 29 Labor 5 2010-07-01 2010-07-01 false Finality for purposes of judicial review. 1905.51 Section 1905.51 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION...

44 CFR 5.59 - Judicial relief available to the public.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial relief available to the public. 5.59 Section 5.59 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY... the complainant resides, or has his principal place of business, or in which the agency records are...

Judicial Assessment of the Credibility of Child Witnesses

PubMed Central

Bala, Nicholas; Ramakrishnan, Karuna; Lindsay, Roderick; Lee, Kang

2010-01-01

This article reports on the results of two research studies carried out by the authors that address the questions of how and how well judges assess the honesty and reliability of children’s testimony. One study tested the accuracy of judges and other professionals in assessing the honesty of children giving mock testimony. Judges performed at only slightly above chance levels, though the performance of judges was comparable to other justice system professionals, and significantly better than the performance of law students. The second study, a survey of Canadian judges about their perceptions of child witnesses, reveals that judges believe that compared to adults, children are generally more likely when testifying to make errors due to limitations of their memory or communication skills and due to the effects of suggestive questions. However, children are perceived to generally be more honest than adult witnesses. The survey also revealed that judges believe that children are often asked developmentally inappropriate questions in court, especially by defence counsel. There were no gender differences among the judges in either study. To put this research in context, the article first discusses the inherent challenges in assessing the credibility of witnesses and provides a review of the psychological literature and leading Canadian jurisprudence on the credibility and evidence of children. PMID:26566290

[Epidemiological, clinical and judicial aspects of sexual assault in Bamako (Mali)].

PubMed

Théra, Japhet Pobanou; Soumah, Mohamed; Traoré, Ténin; Touré, Moustapha; Traoré, Matthieu; Sow, Mamadou Lamine

2014-01-01

Sexual assault rates are underestimated in Mali. This study was designed to assess the epidemiological, clinical and judicial aspects of sexual assault. A retrospective study was conducted from 1st July 2007 to 30 April 2010 in the health care centre of the 4th Commune of Bamako. The study included 37 sexual assault victims selected from the medical records and sexual assault certificates from a total of 1,810 patients attending the gynaecology clinic during the study period. The frequency of sexual assault was therefore 2%. 78.4% of the victims took legal action against the alleged perpetrator. Victims admitted at the request of Police officers accounted for 43.25%; 59.5% of victims attended the clinic within 24 hours following the assault. The age ranged from 2 to 40 years with a mean of 21 years; 37.9% were single and 48.6% were students. The assault was perpetrated by one person in 89.2%, a relative was involved in 5.4%; rape consisted of genito-genital intercourse in 64.9%; 32.4% of the victims had perineal and/or vulval injuries. Sexual assault is relatively frequent in Mali, particularly among students and housewives. It represents a real tragedy, which must be prevented by increasing the awareness of the population, judicial assistance to victims and prosecution of perpetrators.

Matching Judicial Supervision to Clients' Risk Status in Drug Court

ERIC Educational Resources Information Center

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

2006-01-01

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

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

43 CFR 4.1369 - Petition for discretionary review; judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Petition for discretionary review; judicial review. 4.1369 Section 4.1369 Public Lands: Interior Office of the Secretary of the Interior... Appeals Request for Review of Approval Or Disapproval of Applications for New Permits, Permit Revisions...

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. © 2015 American Academy of Psychiatry and the Law.

Medical futility in end-of-life care: report of the Council on Ethical and Judicial Affairs.

PubMed

1999-03-10

Use of life-sustaining or invasive interventions in patients in a persistent vegetative state or who are terminally ill may only prolong the dying process. What constitutes futile intervention remains a point of controversy in the medical literature and in clinical practice. In clinical practice, controversy arises when the patient or proxy and the physician have discrepant values or goals of care. Since definitions of futile care are value laden, universal consensus on futile care is unlikely to be achieved. Rather, the American Medical Association Council on Ethical and Judicial Affairs recommends a process-based approach to futility determinations. The process includes at least 4 steps aimed at deliberation and resolution including all involved parties, 2 steps aimed at securing alternatives in the case of irreconcilable differences, and a final step aimed at closure when all alternatives have been exhausted. The approach is placed in the context of the circumstances in which futility claims are made, the difficulties of defining medical futility, and a discussion of how best to implement a policy on futility.

Judicious Discipline: Citizenship Values as a Framework for Moral Education.

ERIC Educational Resources Information Center

McEwan, Barbara

When teaching moral education, the ethical dilemma often faced by educators revolves around the question of whose morals should be taught. Judicious Discipline, a constitutional model for classroom management, proposes to answer this question by offering educators the opportunity to teach the moral standards of the U.S. democratic system of…

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

Code of Federal Regulations, 2010 CFR

2010-04-01

...; Federal representation of State interests. 301.6361-2 Section 301.6361-2 Internal Revenue INTERNAL REVENUE... Seizure of Property for Collection of Taxes § 301.6361-2 Judicial and administrative proceedings; Federal... purposes of this section, the term “person” includes the Federal Government. Except as provided in...

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

Code of Federal Regulations, 2012 CFR

2012-04-01

...; Federal representation of State interests. 301.6361-2 Section 301.6361-2 Internal Revenue INTERNAL REVENUE... Seizure of Property for Collection of Taxes § 301.6361-2 Judicial and administrative proceedings; Federal... purposes of this section, the term “person” includes the Federal Government. Except as provided in...

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

Code of Federal Regulations, 2014 CFR

2014-04-01

...; Federal representation of State interests. 301.6361-2 Section 301.6361-2 Internal Revenue INTERNAL REVENUE... Seizure of Property for Collection of Taxes § 301.6361-2 Judicial and administrative proceedings; Federal... purposes of this section, the term “person” includes the Federal Government. Except as provided in...

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…

Access to treatment for phenylketonuria by judicial means in Rio Grande do Sul, Brazil.

PubMed

Trevisan, Luciano Mangueira; Nalin, Tatiele; Tonon, Tassia; Veiga, Lauren Monteiro; Vargas, Paula; Krug, Bárbara Corrêa; Leivas, Paulo Gilberto Cogo; Schwartz, Ida Vanessa Doederlein

2015-05-01

Treatment of phenylketonuria (PKU) includes the use of a metabolic formula which should be provided free of charge by the Unified Health System (SUS). This retrospective, observational study sought to characterize judicial channels to obtain PKU treatment in Rio Grande do Sul (RS), Brazil. Lawsuits filed between 2001- 2010 and having as beneficiaries PKU patients requesting treatment for the disease were included. Of 20 lawsuits filed, corresponding to 16.8% of RS patients with PKU, 19 were retrieved for analysis. Of these, only two sought to obtain therapies other than metabolic formula. In all the other 17 cases, prior treatment requests had been granted by the State Department of Health. Defendants included the State (n = 19), the Union (n = 1), and municipalities (n = 4). In 18/19 cases, the courts ruled in favor of the plaintiffs. Violation of the right to health and discontinuation of State-provided treatment were the main reasons for judicial recourse. Unlike other genetic diseases, patients with PKU seek legal remedy to obtain a product already covered by the national pharmaceutical assistance policy, suggesting that management failures are a driving factor for judicialization in Brazil.

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

... Procedure AGENCY: Judicial Conference of the United States Advisory Committee on Rules of Civil Procedure... Timberdell Road, Norman, OK 73019. FOR FURTHER INFORMATION CONTACT: Jonathan C. Rose, Secretary and Chief Rules Officer, Rules Committee Support Office, Administrative Office of the United States Courts...

Characteristics of claims in the management of septic arthritis in Japan: Retrospective analyses of judicial precedents and closed claims.

PubMed

Otaki, Yasuhiro; DaSilva, Makiko Ishida; Saito, Yuichi; Oyama, Yasuaki; Oiso, Giichiro; Yoshida, Tomohiko; Fukuhara, Masakazu; Moriyama, Mitsuru

2018-03-01

Septic arthritis (SA) cases can result in claims or litigation because of poor prognosis even if it is unavoidable. Although these claims or litigation are useful for understanding causes and background factors of medical errors, the characteristics of malpractice claims associated with SA remain undetermined in Japan. This study aimed to increase our understanding of malpractice claims in the clinical management of SA. We analyzed 6 civil precedents and 16 closed claims of SA from 8530 malpractice claims processed between July 2004 and June 2014 by the Tokyo office of Sompo Japan Nipponkoa Insurance, Incorporated. We also studied 5 accident and 21 incident reports of SA based on project data compiled by the Japan Council for Quality Health Care. The rate of negligence was 83.3% in the precedents and 75.0% in closed claims. Two main malpractice claim patterns were revealed: SA in a lower extremity joint following sepsis caused by methicillin-resistant Staphylococcus aureus in newborns and SA in an injection site following joint injection. These two patterns accounted for 83.3% and 56.3% of judicial cases and closed claim cases, respectively. Breakdowns in care process of accident and incident reports were clearly differentiated from judicial cases or closed claim cases (Fisher's exact test, p < 0.001). It is important to pay particular attention to SA following sepsis in newborns and to monitor for any signs of SA after joint injection to ensure early diagnosis. Analysis of both malpractice claims and accident and incident reports is essential to ensure a full understanding of the situation in Japan. Copyright © 2017. Published by Elsevier Taiwan LLC.

39 CFR 962.21 - Appeal of initial decision to judicial officer.

Code of Federal Regulations, 2010 CFR

2010-07-01

... request for an extension within the initial 30-day period and demonstrates good cause for such extension... is material and that there were reasonable grounds for the failure to present such evidence, the... issued unless a petition for judicial review is filed. [52 FR 12904, Apr. 20, 1987, as amended at 67 FR...

28 CFR 105.12 - Notification for candidates eligible for expedited processing.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Notification for candidates eligible for expedited processing. 105.12 Section 105.12 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CRIMINAL HISTORY BACKGROUND CHECKS Aviation Training for Aliens and Other Designated Individuals § 105.12...

28 CFR 105.12 - Notification for candidates eligible for expedited processing.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Notification for candidates eligible for expedited processing. 105.12 Section 105.12 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CRIMINAL HISTORY BACKGROUND CHECKS Aviation Training for Aliens and Other Designated Individuals § 105.12...

28 CFR 105.12 - Notification for candidates eligible for expedited processing.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 28 Judicial Administration 2 2013-07-01 2013-07-01 false Notification for candidates eligible for expedited processing. 105.12 Section 105.12 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CRIMINAL HISTORY BACKGROUND CHECKS Aviation Training for Aliens and Other Designated Individuals § 105.12...

28 CFR 105.12 - Notification for candidates eligible for expedited processing.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Notification for candidates eligible for expedited processing. 105.12 Section 105.12 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CRIMINAL HISTORY BACKGROUND CHECKS Aviation Training for Aliens and Other Designated Individuals § 105.12...

28 CFR 105.12 - Notification for candidates eligible for expedited processing.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 28 Judicial Administration 2 2011-07-01 2011-07-01 false Notification for candidates eligible for expedited processing. 105.12 Section 105.12 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CRIMINAL HISTORY BACKGROUND CHECKS Aviation Training for Aliens and Other Designated Individuals § 105.12...

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. © 2015 American Academy of Forensic Sciences.

28 CFR 105.13 - Notification for candidates not eligible for expedited processing.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Notification for candidates not eligible for expedited processing. 105.13 Section 105.13 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CRIMINAL HISTORY BACKGROUND CHECKS Aviation Training for Aliens and Other Designated Individuals...

28 CFR 105.13 - Notification for candidates not eligible for expedited processing.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 28 Judicial Administration 2 2013-07-01 2013-07-01 false Notification for candidates not eligible for expedited processing. 105.13 Section 105.13 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CRIMINAL HISTORY BACKGROUND CHECKS Aviation Training for Aliens and Other Designated Individuals...

28 CFR 105.13 - Notification for candidates not eligible for expedited processing.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 28 Judicial Administration 2 2011-07-01 2011-07-01 false Notification for candidates not eligible for expedited processing. 105.13 Section 105.13 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CRIMINAL HISTORY BACKGROUND CHECKS Aviation Training for Aliens and Other Designated Individuals...

28 CFR 105.13 - Notification for candidates not eligible for expedited processing.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Notification for candidates not eligible for expedited processing. 105.13 Section 105.13 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CRIMINAL HISTORY BACKGROUND CHECKS Aviation Training for Aliens and Other Designated Individuals...

28 CFR 105.13 - Notification for candidates not eligible for expedited processing.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Notification for candidates not eligible for expedited processing. 105.13 Section 105.13 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CRIMINAL HISTORY BACKGROUND CHECKS Aviation Training for Aliens and Other Designated Individuals...

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…

Procedural "Due Process" Remedies Available to Nontenured Faculty in Private Postsecondary Education in New England in 1979.

ERIC Educational Resources Information Center

Begin, Richard L.

The status of judicial theory regarding private responsibility for granting procedural due process, and the extent to which policies in New England's private postsecondary institutions adhered to judicial requirements for due process in nontenured faculty terminations were studied. A review of the literature, research methodology, and definition…

5 CFR 837.803 - Cancellation of retirement by judicial or administrative authority.

Code of Federal Regulations, 2010 CFR

2010-01-01

... Canceled Retirements § 837.803 Cancellation of retirement by judicial or administrative authority. (a... may only be canceled by the former employing agency in response to a direct and final order of a... requiring cancellation of the annuitant's separation or after the annuitant and the agency agree to cancel...

28 CFR 68.56 - Judicial review of a final agency order in cases arising under section 274A or 274C.

Code of Federal Regulations, 2010 CFR

2010-07-01

... review by the Chief Administrative Hearing Officer of a final order by an Administrative Law Judge shall... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review of a final agency order... OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE...

Recent judicial developments in state income taxation of the oil and gas industry

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

Hellerstein, W.

1986-03-01

The oil and gas industry has been at the center of activity involving state income taxation. The author reviews several recent judicial decisions whose implications extend beyond individual state borders. He describes how state interpretations of the Uniform Division of Income for Tax Purposes Act (UDITPA) property factor, the deductibility of the Windfall Profits Tax, and the constitutionality of Alaska's separate accounting for oil companies led to decisions which affect controversies in other states.

15 CFR 719.3 - Violations of the IEEPA subject to judicial enforcement proceedings.

Code of Federal Regulations, 2010 CFR

2010-01-01

... Commerce and Foreign Trade (Continued) BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE CHEMICAL WEAPONS CONVENTION REGULATIONS ENFORCEMENT § 719.3 Violations of the IEEPA subject to judicial enforcement proceedings. (a) Violations—(1) Import restrictions involving Schedule 1 chemicals. Except as otherwise...

15 CFR 719.3 - Violations of the IEEPA subject to judicial enforcement proceedings.

Code of Federal Regulations, 2011 CFR

2011-01-01

... Commerce and Foreign Trade (Continued) BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE CHEMICAL WEAPONS CONVENTION REGULATIONS ENFORCEMENT § 719.3 Violations of the IEEPA subject to judicial enforcement proceedings. (a) Violations—(1) Import restrictions involving Schedule 1 chemicals. Except as otherwise...

Judicial Restraints on the Press. Freedom of Information Foundation Series No. 2.

ERIC Educational Resources Information Center

Gillmor, Donald M.

The purpose of this paper is to examine the current status of freedom of the press with regard to past and present judicial rulings. A section devoted to "The Background of Prior Restraint" examines the historical basis for current legal decisions. In "Threatening Progeny," court decisions unfriendly to the press such as the…

[The nature, extent and judicial response to aggression and violence directed against care workers in psychiatry].

PubMed

Harte, J M; van Leeuwen, M E; Theuws, R

2013-01-01

The Dutch government and the Council for public prosecutions consider aggression against and violence directed against public officers and care workers as unacceptable. But what is the attitude of these official bodies to violence directed against mental health care workers? To examine the nature and the prevalence of violence against mental health care professionals and the possible judicial consequences of this violence. Dutch mental health professionals who work in the psychiatric hospitals and clinics were asked to fill in an online questionnaire about their experiences, over the past five years, of violence perpetrated by patients. The 1534 respondents had encountered violence regularly in the course of their work. Some of the violence was of a very serious nature and sometimes had severe consequences. Only a small number of the violent incidents were reported to the police and ultimately brought to court. The victims were poorly informed about the possible judicial consequences of the violence they had encountered. Not only should the mental health institutes counsel and inform the employees who have been victims of violence, they should also promote the development and implementation of an effective prosecution policy.

Contract Law, Due Process, and the NCAA.

ERIC Educational Resources Information Center

Dickerson, Jaffe D.; Chapman, Mayer

1978-01-01

The NCAA has enjoyed almost total freedom from judicial scrutiny of its rules, procedures, and official acts in large part because of its private nature as an unincorporated association. The function of the NCAA, California State University, Hayward v NCAA, and due process of the student-athlete are discussed. (MLW)

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

PubMed

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

2016-09-01

To describe strategies that contribute to the comprehensive approach to the judicialization of health in countries of Latin America and the Caribbean. 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. 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. 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. Describir estrategias que contribuyan al abordaje integral de la judicialización de la salud en países de América Latina y El Caribe. Se estructuró una búsqueda para identificar artículos que presentaran estrategias para el abordaje de la judicialización en salud. Se diseñó una encuesta, en donde se incluyeron actores del sistema de salud y del sector judicial. Se priorizaron las estrategias calificadas por más del 50,0% de los participantes como "muy relevantes

28 CFR 541.5 - Discipline process.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 28 Judicial Administration 2 2011-07-01 2011-07-01 false Discipline process. 541.5 Section 541.5... AND SPECIAL HOUSING UNITS Inmate Discipline Program § 541.5 Discipline process. (a) Incident report... the discipline process, but that your silence may be used to draw an adverse inference against you at...

Parental consent for abortion and the judicial bypass option in Arkansas: effects and correlates.

PubMed

Joyce, Ted

2010-09-01

In 2005, Arkansas changed its parental notification requirement for minors seeking an abortion to a parental consent law, under which a minor can obtain an abortion without consent after obtaining a judicial waiver. Using state health department data on 7,463 abortions among 15-19-year-olds over the period 2001-2007, an analysis of abortion and second-trimester abortion rates among Arkansas minors relative to rates among older teenagers evaluated the influence of the 2005 change in the law. Linear and logistic regression analyses estimated the changes in rates among different age-groups, and assessed the likelihood of minors' using the bypass procedure or having a second-trimester abortion. No association was found between the change in the law and either the abortion rate or the second-trimester abortion rate among minors in the state. Ten percent of all abortions among minors were obtained through the judicial bypass procedure, and minors aged 15 or younger who had an abortion were less likely than those aged 17 to get a waiver (odds ratio, 0.2). Minors who used the bypass option were less likely than those who obtained parental consent to have a second-trimester abortion (0.5), and they terminated the pregnancy 1.1 weeks earlier, on average, than did minors who had gotten such consent. States that convert a parental notification statute to a parental consent statute are unlikely to experience a decrease in abortions among minors. Copyright © 2010 by the Guttmacher Institute.

Rape Victim Counseling: The Legal Process

ERIC Educational Resources Information Center

Burgess, Ann Wolbert; Holmstrom, Lynda Lytle

1974-01-01

This paper focuses on the counseling framework developed for the Victim Counseling Program for post-rape victims, the steps in the judicial process, reactions of victims to court, and victim counseling techniques during the court process. Presented at NAWDAC Conference, Chicago, April, 1974. (Author/PC)

Impact of Evidence Type and Judicial Warning on Juror Perceptions of Global and Specific Witness Evidence.

PubMed

Wheatcroft, Jacqueline M; Keogan, Hannah

2017-04-03

The Court of Appeal in England and Wales held (R. v. Sardar, 2012) there had been no exceptional circumstances that justified a jury retiring with a transcript of the complainant's interview. This paper reports an investigation into the impact multiple evidence forms and use of a judicial warning has on juror evaluations of a witness. The warning focuses juror attention on placing disproportionate weight on the evidence as opposed to their general impression of it. Sixty jury-eligible participants were presented with witness evidence in transcript, video, or transcript plus video format. Half the participants in each condition received the warning. All mock jurors completed a questionnaire which assessed perceptions of witness and task. Outcomes showed that transcript plus video evidence, when accompanied by a warning, did impact on mock jurors' global assessments of the witness. The warning made the task less clear for jurors and, in the video condition, led to higher ratings of how satisfactory and reliable the witness was. Findings support the provision of a judicial warning to jurors and show some initial support for judiciary opposition to the provision of an additional transcript only when jurors are asked to make the more usual global witness assessments.

Movement and counter-movement: a history of abortion law reform and the backlash in Colombia 2006-2014.

PubMed

Ruibal, Alba

2014-11-01

In 2006, the Constitutional Court of Colombia issued Decision C-355/2006, which liberalized the country's abortion law. The reform was groundbreaking in its argumentation, being one of the first judicial decisions in the world to uphold abortion rights on equality grounds, and the first by a constitutional court to rule on the constitutionality of abortion within a human rights framework. It was also the first of a series of reforms that would liberalize the abortion regulation in four other Latin American countries. The Colombian case is also notable for the process of strategic litigation carried out by feminist organizations after the Court's decision, in order to ensure its implementation and counter the opposition from conservative actors working in State institutions, as well as for the active role played by the Court in that process. Based on fieldwork carried out in Colombia in 2013, this article analyzes the process of progressive implementation and reactionary backlash after Decision C-355/2006, with an emphasis on strategic litigation by the feminist movement and subsequent decisions by the Constitutional Court, which consolidated its jurisprudence in the field of abortion rights. It highlights the role of both feminists and of conservative activists within State institutions as opposing social movements, and the dynamics of political and legal mobilization and counter-mobilization in that process. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

INFORMED CONSENT: THE MEDICAL AND LEGAL CHALLENGE OF OUR TIME

PubMed Central

Séllos Simões, Luiz Carlos

2015-01-01

Objective: To assess the real importance of obtaining informed consent, through an appropriate form, and its role in the outcome from civil liability claims. Methods: The wordings of the current Brazilian law and jurisprudence were compared with rulings from the State Court of the State of Rio de Janeiro, in 269 civil liability claims against healthcare professionals and hospitals. Results: Favorable and unfavorable outcomes (i.e. acquittals and convictions) were compared, and possible variations in the verdicts were discussed in relation to whether informed consent forms had been filled out or not. Conclusions: Obtaining informed consent, by means of appropriate forms, is still not a widespread practice in the Brazilian healthcare or judicial systems. It is recommended that this practice be adopted in the manner described in this paper, since this is prescribed in Brazilian law. PMID:27022541

Judicial Privilege: Does It Have a Role in Military Courts-Martial

DTIC Science & Technology

1992-04-01

practitioners and judges, both military and civilian, in light of recent politicized struggles between the branches of government invoking the separation of powers doctrine...judicial branch; an act in furtherance of the doctrine of separation of powers set up by the first three articles of the Constitution.I 0 8 2. Dicta...investigators of the historical functions of the doctrine of separation of powers , and went on to declare: In recognition of the fundamental soundness of

Judicial and legislative viewpoints on physician misestimation of patient dysutilities: a problem for decision analysts.

PubMed

Mazur, D J

1990-01-01

Appellate courts, state legislatures, and ethicists have recently (post-1972) been interested-through the evolving court doctrine of informed consent-in patient-physician joint decision making. Yet these professional groups' approaches differ markedly from that of decision analysis, failing to include an explicit role for patients' rational processing of information in informed consent. In addition, these groups charge that decision analysts are misestimating patient dysutilities. This paper examines three issues: 1) in what sense(s), if any, is decision-analytic work in individualized medical decision making misestimating patient dysutilities, 2) if this misestimation is real, whether it is an example of the normative-descriptive tensions that exist in medical decision making, and 3) in what ways do the relationships between decision-analytic and judicial decision making change when informed consent is viewed in terms of contract law as opposed to tort law. This paper argues that a key link dividing these professional groups is the differing weights given to the "value of information" by decision-analytic vs. non-decision-analytic frameworks.

Parental Consent for Abortion and the Judicial Bypass Option in Arkansas: Effects and Correlates

PubMed Central

Joyce, Ted

2010-01-01

CONTEXT In 2005, Arkansas changed its parental notification requirement for minors seeking an abortion to a parental consent law, under which a minor can obtain an abortion without consent after obtaining a judicial waiver. METHODS Using state Department of Health data on 7,463 abortions among 15–19-year-olds over the period 2001–2007, an analysis of abortion and second-trimester abortion rates among Arkansas minors relative to rates among older teenagers evaluated the influence of the 2005 change in the law. Linear and logistic regression analyses estimated the changes in rates among different age-groups, and assessed the likelihood of minors’ using the bypass procedure or having a second-trimester abortion. RESULTS No association was found between the change in the law and either the abortion rate or the second-trimester abortion rate among minors in the state. Ten percent of all abortions among minors were obtained through the judicial bypass procedure, and minors aged 15 or younger who had an abortion were less likely than those aged 17 to get a waiver (odds ratio, 0.2). Minors who used the bypass option were less likely than those who obtained parental consent to have a second-trimester abortion (0.5), and they terminated the pregnancy 1.1 weeks earlier, on average, than did minors who had gotten such consent. CONCLUSIONS States that convert a parental notification statute to a parental consent statute are unlikely to experience a decrease in abortions among minors. PMID:20887286

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.

Decision-making in a death investigation: Emotion, families and the coroner.

PubMed

Tait, Gordon; Carpenter, Belinda; Quadrelli, Carol; Barnes, Michael

2016-03-01

The role of the coroner in common law countries such as Australia, England, Canada and New Zealand is to preside over death investigations where there is uncertainty as to the manner of death, a need to identify the deceased, a death of unknown cause, or a violent or unnatural death. The vast majority of these deaths are not suspicious and thus require coroners to engage with grieving families who have been thrust into a legal process through the misfortune of a loved one's sudden or unexpected death. In this research, 10 experienced coroners discussed how they negotiated the grief and trauma evident in a death investigation. In doing so, they articulated two distinct ways in which legal officers engaged with emotions, which are also evident in the literature. The first engages the script of judicial dispassion, articulating a hierarchical relationship between reason and emotion, while the second introduces an ethic of care via the principles of therapeutic jurisprudence, and thus offers a challenge to the role of emotion in the personae of the professional judicial officer. By using Hochschild's work on the sociology of emotions, this article discusses the various ways in which coroners manage the emotion of a death investigation through emotion work. While emotional distance may be an understandable response by coroners to the grief and trauma experienced by families and directed at cleaner coronial decision-making, the article concludes that coroners may be better served by offering emotions such as sympathy, consideration and compassion directly to the family in those situations where families are struggling to accept, or are resistant to, coroners' decisions.

Judicial Reliance on Parental IQ in Appellate-Level Child Welfare Cases Involving Parents with Intellectual and Developmental Disabilities

ERIC Educational Resources Information Center

Callow, Ella; Tahir, Munazza; Feldman, Maurice

2017-01-01

Background: Parents with intellectual and developmental disabilities (IDDs) are over-represented in child welfare cases. Although IQ "per se" is an invalid indicator of parenting abilities, this study examined the prevalence of judicial consideration of parental IQ test evidence in US appellate cases. Methods: The present authors…

12 CFR 513.6 - Duty to file information concerning adverse judicial or administrative action.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 12 Banks and Banking 5 2010-01-01 2010-01-01 false Duty to file information concerning adverse judicial or administrative action. 513.6 Section 513.6 Banks and Banking OFFICE OF THRIFT SUPERVISION, DEPARTMENT OF THE TREASURY PRACTICE BEFORE THE OFFICE § 513.6 Duty to file information concerning adverse...

Public Health Detailing—A Successful Strategy to Promote Judicious Opioid Analgesic Prescribing

PubMed Central

Tuazon, Ellenie; Paone, Denise; Dowell, Deborah; Vo, Linda; Starrels, Joanna L.; Jones, Christopher M.; Kunins, Hillary V.

2016-01-01

Objectives. To evaluate knowledge and prescribing changes following a 2-month public health detailing campaign (one-to-one educational visits) about judicious opioid analgesic prescribing conducted among health care providers in Staten Island, New York City, in 2013. Methods. Three detailing campaign recommendations were (1) a 3-day supply of opioids is usually sufficient for acute pain, (2) avoid prescribing opioids for chronic noncancer pain, and (3) avoid high-dose opioid prescriptions. Evaluation consisted of a knowledge survey, and assessing prescribing rates and median day supply per prescription. Prescribing data from the 3-month period before the campaign were compared with 2 sequential 3-month periods after the campaign. Results. Among 866 health care providers visited, knowledge increased for all 3 recommendations (P < .01). After the campaign, the overall prescribing rate decreased similarly in Staten Island and other New York City counties (boroughs), but the high-dose prescribing rate decreased more in Staten Island than in other boroughs (P < .01). Median day supply remained stable in Staten Island and increased in other boroughs. Conclusions. The public health detailing campaign improved knowledge and likely prescribing practices and could be considered by other jurisdictions to promote judicious opioid prescribing. PMID:27400353

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

Code of Federal Regulations, 2010 CFR

2010-07-01

... 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 a...

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

Code of Federal Regulations, 2012 CFR

2012-07-01

... 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 a...

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 a...

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

Code of Federal Regulations, 2013 CFR

2013-07-01

... 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 a...

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 a...

Judging sex.

PubMed

Tuerkheimer, Deborah

2012-09-01

This Article explores the curious jurisprudence of sexual patterns and how it constructs female sexuality. In modern rape law, the "unchaste character inference" expressly prohibited by the rape shield endures. Though the boundaries that circumscribe appropriate sexual conduct have shifted over time, courts persist in making normative judgments about women's sexuality. Cloaked in the legitimizing rhetoric of sexual patterns, retrograde notions of deviancy are substituting for rational deliberation on the question of consent. As rape shield law enters its fourth decade, it continues to defy reason, both in application and in theory. The proposed evidentiary approach promises to improve judicial decision making in rape cases, while reorienting the law toward the female sexual subject and the contingency of her consent.

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…

In Defense of Dirty Words: The Case against Judicial Censorship in Oral Interpretation Events.

ERIC Educational Resources Information Center

Kugler, Drew B.

Within the realm of forensic oral interpretation, concern over the use of profanity in presentations has aroused repressive criticism from some judges, who then express their offense by ranking the performance negatively. This judicial opposition is deleterious not only to the precepts of oral interpretation, but also--in a larger sense--to the…

Separating Judicial from Legislative Reasoning in Moral Dilemma Interviews.

PubMed

Langford, Peter E

1997-12-01

Unlike previous studies of the development of reasoning about moral dilemmas, the 2 studies reported separated judicial reasoning (the application of rules) from legislative reasoning (the justification of rules), as well as attending to other aspects of context, using a modification of the weakly interpretive scoring method of Langford and D'Cruz. This assigns justifications to relatively simple conceptually defined categories. Findings were in accord with substantially modified versions of the views of Piaget and Kohlberg, according to which legislative reasoning can be divided into 3 main types of stages in the period 7-21 years: heteronomy (Piaget) or egocentrism (Kohlberg); local groups (attention to group interests, harmony, and reciprocity in local groups), wider groups (attention to these thing in wider groups). Findings contradicted Gibbs's theory.

14 CFR 13.113 - Noncompliance with the investigative process.

Code of Federal Regulations, 2010 CFR

2010-01-01

... process. 13.113 Section 13.113 Aeronautics and Space FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF... an Order of Investigation § 13.113 Noncompliance with the investigative process. If any person fails... Officer or the designee of the Presiding Officer, judicial enforcement may be initiated against that...

Medical negligence liability under the consumer protection act: A review of judicial perspective.

PubMed

Joga Rao, S V

2009-07-01

It is important to know what constitutes medical negligence. A doctor owes certain duties to the patient who consults him for illness. A deficiency in this duty results in negligence. A basic knowledge of how medical negligence is adjudicated in the various judicial courts of India will help a doctor to practice his profession without undue worry about facing litigation for alleged medical negligence.

Medical negligence liability under the consumer protection act: A review of judicial perspective

PubMed Central

Joga Rao, S. V.

2009-01-01

It is important to know what constitutes medical negligence. A doctor owes certain duties to the patient who consults him for illness. A deficiency in this duty results in negligence. A basic knowledge of how medical negligence is adjudicated in the various judicial courts of India will help a doctor to practice his profession without undue worry about facing litigation for alleged medical negligence. PMID:19881133

76 FR 27090 - Meeting of the Judicial Conference Advisory Committee on Rules of Civil Procedure

Federal Register 2010, 2011, 2012, 2013, 2014

2011-05-10

... Rules of Civil Procedure AGENCY: Judicial Conference of the United States Advisory Committee on Rules of Civil Procedure. ACTION: Notice of open meeting. SUMMARY: The Advisory Committee on Rules of Civil Procedure will hold a two-day meeting. The meeting will be open to public observation but not participation...

75 FR 32816 - Meeting of the Judicial Conference Advisory Committee on Rules of Civil Procedure

Federal Register 2010, 2011, 2012, 2013, 2014

2010-06-09

... Rules of Civil Procedure AGENCY: Judicial Conference of the United States Advisory Committee on Rules of Civil Procedure. ACTION: Notice of open meeting. SUMMARY: The Advisory Committee on Rules of Civil Procedure will hold a two-day meeting. The meeting will be open to public observation but not participation...

42 CFR 102.92 - No additional judicial or administrative review of determinations made under this part.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 42 Public Health 1 2010-10-01 2010-10-01 false No additional judicial or administrative review of determinations made under this part. 102.92 Section 102.92 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES VACCINES SMALLPOX COMPENSATION PROGRAM Reconsideration of the Secretary's...

42 CFR 102.92 - No additional judicial or administrative review of determinations made under this part.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 42 Public Health 1 2011-10-01 2011-10-01 false No additional judicial or administrative review of determinations made under this part. 102.92 Section 102.92 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES VACCINES SMALLPOX COMPENSATION PROGRAM Reconsideration of the Secretary's...

42 CFR 102.92 - No additional judicial or administrative review of determinations made under this part.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 42 Public Health 1 2012-10-01 2012-10-01 false No additional judicial or administrative review of determinations made under this part. 102.92 Section 102.92 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES VACCINES SMALLPOX COMPENSATION PROGRAM Reconsideration of the Secretary's...

42 CFR 102.92 - No additional judicial or administrative review of determinations made under this part.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 42 Public Health 1 2013-10-01 2013-10-01 false No additional judicial or administrative review of determinations made under this part. 102.92 Section 102.92 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES VACCINES SMALLPOX COMPENSATION PROGRAM Reconsideration of the Secretary's...

42 CFR 102.92 - No additional judicial or administrative review of determinations made under this part.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 42 Public Health 1 2014-10-01 2014-10-01 false No additional judicial or administrative review of determinations made under this part. 102.92 Section 102.92 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES VACCINES SMALLPOX COMPENSATION PROGRAM Reconsideration of the Secretary's...

7 CFR 1.41 - Service of process.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 7 Agriculture 1 2010-01-01 2010-01-01 false Service of process. 1.41 Section 1.41 Agriculture Office of the Secretary of Agriculture ADMINISTRATIVE REGULATIONS Judicial Proceedings § 1.41 Service of... of the General Counsel, in order that service of process may be made. In the event an officer of the...

An Analysis of Due Process Cases and Doctrines: Implications for School Districts

ERIC Educational Resources Information Center

Bleakney, William; Glass, Thomas

1977-01-01

Identifies criteria relating to procedural due process from current judicial opinions, rulings of state attorneys general, and state administrative codes; applies the criteria to an analysis of school policies; and suggests guidelines for public school districts in the assessment, implementation, and revision of policies relating to procedural due…

Unusual self-electrocution simulating judicial electrocution by an adolescent.

PubMed

Murty, O P

2008-06-01

Electrocution is one of the rarest modes of suicide. In this case, one school going adolescent committed suicide by electrocution using bare electric wire. This is a rare case of suicidal death by applying live wires around the wrists, simulating the act of judicial electrocution. He positioned himself on armed chair and placed the nude wire loops from a cable around both wrists and switched on the current by plugging in to nearest socket by foot. There were linear electric contact wounds completely encircling around the both wrists. In addition to these linear electric burns all around wrists, there were electrical burns over both hands. This death highlights the need of supervision and close watch on children for self-destructing activities and behavior. This case also highlights unusual method adopted by adolescent to end his life.

31 CFR 535.504 - Certain judicial proceedings with respect to property of Iran or Iranian entities.

Code of Federal Regulations, 2012 CFR

2012-07-01

... respect to property of Iran or Iranian entities. 535.504 Section 535.504 Money and Finance: Treasury... § 535.504 Certain judicial proceedings with respect to property of Iran or Iranian entities. (a) Subject... existed an interest of Iran or an Iranian entity. (b) This section does not authorize: (1) Any pre...

31 CFR 535.504 - Certain judicial proceedings with respect to property of Iran or Iranian entities.

Code of Federal Regulations, 2014 CFR

2014-07-01

... respect to property of Iran or Iranian entities. 535.504 Section 535.504 Money and Finance: Treasury... § 535.504 Certain judicial proceedings with respect to property of Iran or Iranian entities. (a) Subject... existed an interest of Iran or an Iranian entity. (b) This section does not authorize: (1) Any pre...

31 CFR 535.504 - Certain judicial proceedings with respect to property of Iran or Iranian entities.

Code of Federal Regulations, 2013 CFR

2013-07-01

... respect to property of Iran or Iranian entities. 535.504 Section 535.504 Money and Finance: Treasury... § 535.504 Certain judicial proceedings with respect to property of Iran or Iranian entities. (a) Subject... existed an interest of Iran or an Iranian entity. (b) This section does not authorize: (1) Any pre...

31 CFR 535.504 - Certain judicial proceedings with respect to property of Iran or Iranian entities.

Code of Federal Regulations, 2011 CFR

2011-07-01

... respect to property of Iran or Iranian entities. 535.504 Section 535.504 Money and Finance: Treasury... § 535.504 Certain judicial proceedings with respect to property of Iran or Iranian entities. (a) Subject... existed an interest of Iran or an Iranian entity. (b) This section does not authorize: (1) Any pre...

31 CFR 535.504 - Certain judicial proceedings with respect to property of Iran or Iranian entities.

Code of Federal Regulations, 2010 CFR

2010-07-01

... respect to property of Iran or Iranian entities. 535.504 Section 535.504 Money and Finance: Treasury... § 535.504 Certain judicial proceedings with respect to property of Iran or Iranian entities. (a) Subject... existed an interest of Iran or an Iranian entity. (b) This section does not authorize: (1) Any pre...

The perceptions of judicial and psychosocial interveners of the consequences of dropped charges in domestic violence cases.

PubMed

Gauthier, Sonia