Science.gov

Sample records for jurisprudence and judicial processes

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

    PubMed

    Herrán Ortiz, Ana Isabel

    2007-01-01

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

  2. An assessment of the existence and influence of psychoanalytic jurisprudence in the United States.

    PubMed

    Caudill, David S

    In light of the ongoing controversy over the value of psychoanalysis generally, this article summarizes the standards for scientific expertise in law and concludes that the future of psychoanalytic jurisprudence does not lie in the courtroom. After a brief survey of the history of psychoanalytic jurisprudence in legal contexts and institutions, I identify a revival of psychoanalytic jurisprudence, including (i) its association, primarily as a social theory, with Critical Legal Studies (in the US context), and (ii) the influence of Jacques Lacan in the legal academy. The unifying themes in this critical methodology include the construction of the subject through the language and rituals of the law, the failure of mainstream jurisprudence to be sufficiently critical of the legal status quo, and the repression or denial of injustices in legal history. Paralleling that revival, I note that a field of scholarship employing traditional Freudian conceptions is also currently engaging interdisciplinary legal studies, intervening in law reform efforts (particularly in criminal law), and criticizing the background assumptions and conventions in contemporary judicial opinions. I conclude that psychoanalysis is both threatening to mainstream legal culture and a rich source of insights for contemporary studies of legal processes and institutions.

  3. 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.

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

    PubMed

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

    2010-01-01

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

  5. Ethics, jurisprudence, and economics in the medical school curriculum.

    PubMed Central

    O'Neill, L. C.; Davidson, R. C.; Tupper, C. J.; Scherger, J. E.; Walsh, D. A.

    1990-01-01

    Medical ethics, medical jurisprudence, and medical economics are recognized as important components of a medical school curriculum. These subjects were introduced through a course given at the University of California, Davis, School of Medicine. Four aspects of the format and content of the course were instrumental to its success. Teaching principles of medical ethics within the context of jurisprudence and economics permitted the students to gain an understanding of the institutions and processes that act as positive and negative constraints on physicians' clinical and professional behavior. The course was offered during the fourth year following required clinical rotations so that all aspects of the course could be based on the clinical experiences of the students. It was presented in a continuing medical education format away from the normal teaching environment of first- and second-year classrooms and third-year clerkships. Finally, the course was designed by a multidisciplinary, multidepartmental planning group that included students. PMID:2260303

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

    ERIC Educational Resources Information Center

    King, Lance E.; Southerland, Sherry A.

    2013-01-01

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

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

    ERIC Educational Resources Information Center

    King, Lance E.; Southerland, Sherry A.

    2013-01-01

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

  8. Education, Social Science, and the Judicial Process: An International Symposium.

    ERIC Educational Resources Information Center

    National Inst. of Education (DHEW), Washington, DC.

    Dimensions and implications of the role of the federal courts in the formulation of educational policy are discussed. Emphasis is placed on the function of social scientists and social science data and techniques in the legal process. The document contains seven articles. Article I presents background information on the relationship between social…

  9. 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…

  10. 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.

  11. Jurisprudence and business management course content taught at accredited chiropractic colleges: A comparative audit

    PubMed Central

    Gleberzon, Brian J.

    2010-01-01

    Introduction: the purpose of this study was to conduct a comparative audit of the jurisprudence and business management courses offered at a number of different accredited chiropractic colleges. Methods: Faculty members responsible for teaching students jurisprudence and/or business management courses at a number of accredited colleges were contacted and asked to electronically submit their course outlines for review. Results: Of the 62 different topics delivered at the 11 chiropractic colleges surveyed, not one topic was taught at all of them. The following topics were taught at 10 of the 11 respondent chiropractic colleges: business plan development; ethics and codes of conduct and; office staff/employees. Several topics were only taught at one accredited chiropractic college. Conclusion: While most chiropractic colleges provide some education in the areas of jurisprudence and business management, it would appear that there is no consensus opinion or ‘model curriculum’ on these topics towards which chiropractic programs may align themselves. Based on a literature search, this study is the first of its kind. A more extensive study is required, as well as a Delphi process to determine what should be taught to chiropractic students with respect to jurisprudence and business management in order to protect the public interest. PMID:20195426

  12. Jurisprudence and business management course content taught at accredited chiropractic colleges: A comparative audit.

    PubMed

    Gleberzon, Brian J

    2010-03-01

    the purpose of this study was to conduct a comparative audit of the jurisprudence and business management courses offered at a number of different accredited chiropractic colleges. Faculty members responsible for teaching students jurisprudence and/or business management courses at a number of accredited colleges were contacted and asked to electronically submit their course outlines for review. Of the 62 different topics delivered at the 11 chiropractic colleges surveyed, not one topic was taught at all of them. The following topics were taught at 10 of the 11 respondent chiropractic colleges: business plan development; ethics and codes of conduct and; office staff/employees. Several topics were only taught at one accredited chiropractic college. While most chiropractic colleges provide some education in the areas of jurisprudence and business management, it would appear that there is no consensus opinion or 'model curriculum' on these topics towards which chiropractic programs may align themselves. Based on a literature search, this study is the first of its kind. A more extensive study is required, as well as a Delphi process to determine what should be taught to chiropractic students with respect to jurisprudence and business management in order to protect the public interest.

  13. 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

  14. 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.

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

    PubMed

    Feld, B C

    2001-01-01

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

  16. 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…

  17. 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…

  18. [Attitudes of students of medicine, sociology and jurisprudence towards autopsy].

    PubMed

    Mende, A; Laubach, W; Friedrich, T

    2001-10-26

    Attitudes of students of medicine, sociology and jurisprudence towards autopsy. The autopsy is an important instrument of quality control in medicine. Nevertheless, we observe a dramatic decrease of post-mortem examinations. Because physicians take a important role as mediators, we tried to examine the attitudes of medical students towards autopsy and possible differences to students of other faculties. Data of medical students (n = 335), students of jurisprudence (n = 95), and of sociology (n = 26) at Leipzig University were collected with the help of a specially elaborated questionnaire >Post-mortem Examination< (Fragebogen zur Sektion, FBZS), and two questionnaires >Death and Dying< (Fragebogen zu Tod und Sterben, FIMEST) and >Personality< (Persönlichkeitsfragebogen, Giessen-Test). Referring to the attitudes towards post-mortem examination there is only a slight difference between students of the above-mentioned faculties. Even preclinical students showed no difference with their attitudes towards autopsy compared to the students of other faculties and they showed lack of knowledge and ethical doubts towards autopsy. Due to the significant lack of knowledge of the medical students of the University of Leipzig it seems questionable, if they will be able to convince relatives to give consent to an autopsy in later activity as physicians. More instructional work during study and further medical education should be done.

  19. Re Herrington: aboriginality and the quality of human rights jurisprudence in end-of-life decisions by the Australian judiciary.

    PubMed

    Faunce, Thomas

    2007-10-01

    In Re Herrington [2007] VSC 151 (King's Case) the partner and family of an Aboriginal woman (diagnosed as being in a persistent vegetative state after an accident) sought an order from the Victorian Supreme Court that the decision of her treating doctors to withhold further medical treatment be opposed. The resultant judicial decision contains a very brief review of the now considerable case law in this area, does not mention the increasingly important role of clinical ethics committees in this context, or discuss the relevance of recently passed human rights legislation in Victoria. Given the statutory requirement for judicial reference to international human rights norms in jurisdictions such as Victoria and the Australian Capital Territory, and their increasing importance in other developed nations, the authors highlight the need for the Australian judiciary to lift the quality of their jurisprudence in relation to end-of-life cases.

  20. Jurisprudence, Peyote and the Native American Church.

    ERIC Educational Resources Information Center

    Lawson, Paul E.; Scholes, Jennifer

    1986-01-01

    Examines federal and state governments' attempts to suppress peyote use in Indian rituals as historically Christian-inspired. Focuses on questions of morality versus criminal law. Explains history and development of Native American Church of North America. Examines nine contemporary peyote trials. Concludes larger questions of tribal sovereignty…

  1. Medical Evidence and Expertise in Abortion Jurisprudence.

    PubMed

    Ahmed, Aziza

    2015-01-01

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

  2. 25 CFR 11.438 - Flight to avoid prosecution or judicial process.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Flight to avoid prosecution or judicial process. 11.438... OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.438 Flight to avoid prosecution or judicial process... Offenses exercises jurisdiction for the purpose of avoiding arrest, prosecution or other judicial process...

  3. Therapeutic jurisprudence and mental health courts for Maori.

    PubMed

    Toki, Valmaine

    2010-01-01

    For Maori, indigenous peoples of New Zealand, the Treaty of Waitangi required the Crown to protect all the treasures of Maori. This has been taken to include health and cultural concepts, values and practices. Despite this guarantee studies indicate that half of all Maori will develop a mental disorder within their lifetime. Failure by the Crown to provide adequate services has led to those who have already developed a mental illness more predisposed to engage in behaviour that the law regards as criminal. This article suggests that the Treaty principles such as partnership, active protection and participation place an onus upon the Crown to protect and provide for the health needs and cultural identity of Maori. It is proposed that a Mental Health Court underpinned by therapeutic jurisprudence can provide a solution. Copyright © 2010 Elsevier Ltd. All rights reserved.

  4. 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

  5. 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.

  6. 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.

  7. Justice and justiciability: advancing solidarity and justice through South Africans' right to health jurisprudence.

    PubMed

    Forman, Lisa

    2008-09-01

    The South African Constitutional Court's jurisprudence provides a path-breaking illustration of the social justice potential of an enforceable right to health. It challenges traditional objections to social rights by showing that their enforcement need not be democratically unsound or make zero-sum claims on limited resources. Indeed the South African experience suggests that enforcing health rights may in fact contribute to greater degrees of collective solidarity and justice as the Court has sought to ensure that the basic needs of the poor are not unreasonably restricted by competing public and private interests. This approach has seen the Court adopt a novel fights paradigm which locates individual civil and social rights within a communitarian framework drawing from the traditional African notion of'ubuntu', denoting collective solidarity, humaneness and mutual responsibilities to recognize the respect, dignity and value of all members of society. Yet this jurisprudence also illustrates the limits of litigation as a tool of social transformation, and of social rights that remain embedded in ideological baggage even where they have been constitutionally entrenched and enforced. This paper explores the Constitutional Court's unfolding jurisprudence on the right to health, providing background to the constitutional entrenchment of a justiciable right to health; exploring early Constitutional Court jurisprudence on this right; turning to the forceful application of this right in relation to government policy on AIDS treatment; and concluding with thoughts about the strengths and limits of this jurisprudence in light of subsequent case-law.

  8. The Judicial Construction of the Role of the Teacher

    ERIC Educational Resources Information Center

    Oliverio, Cesare; Manley-Casimir, Michael

    2005-01-01

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

  9. [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

  10. Protective/Restrictive Orders and Judicial Review.

    ERIC Educational Resources Information Center

    Pickerell, Albert G.

    The issue of whether judicial orders restricting access to court proceedings should be subject to a procedural hearing, the standing of the media in such hearings, and the role of the media in the entire process are analyzed in this paper. The various sections of the paper deal with the following topics: the procedural plan, proposed to the…

  11. 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.

  12. 31 CFR 576.508 - Judicial process in legal proceedings involving ecological accidents.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 31 Money and Finance:Treasury 3 2013-07-01 2013-07-01 false Judicial process in legal proceedings involving ecological accidents. 576.508 Section 576.508 Money and Finance: Treasury Regulations Relating to... § 576.508 Judicial process in legal proceedings involving ecological accidents. The Office of...

  13. 31 CFR 576.508 - Judicial process in legal proceedings involving ecological accidents.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 31 Money and Finance:Treasury 3 2014-07-01 2014-07-01 false Judicial process in legal proceedings involving ecological accidents. 576.508 Section 576.508 Money and Finance: Treasury Regulations Relating to... § 576.508 Judicial process in legal proceedings involving ecological accidents. The Office of...

  14. 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…

  15. Time for geriatric jurisprudence.

    PubMed

    Doron, Israel; Meenan, Helen

    2012-01-01

    Geriatrics and law may not be natural bedfellows. Moreover, law and lawyers were not part of the professions that were the 'founding fathers' of the field of geriatrics. In this short viewpoint we invite the readers to consider a new inter-disciplinary research approach that attempts to combine jurisprudence with geriatrics. Geriatric jurisprudence is a special and timely opportunity for doctors and lawyers to come together in a new, different and more united way to jointly conceptualize a medico-legal theory of aging to better serve our shared community: older and aging persons. Copyright © 2012 S. Karger AG, Basel.

  16. 44 CFR 5.8 - Records involved in litigation or other judicial process.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... or other judicial process. 5.8 Section 5.8 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL PRODUCTION OR DISCLOSURE OF INFORMATION General Provisions § 5.8 Records involved in litigation or other judicial process. Where there is reason to believe...

  17. 44 CFR 5.8 - Records involved in litigation or other judicial process.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... litigation or other judicial process. 5.8 Section 5.8 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL PRODUCTION OR DISCLOSURE OF INFORMATION General Provisions § 5.8 Records involved in litigation or other judicial process. Where there is reason to believe...

  18. 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…

  19. Personal autonomy in health settings and Shi'i Islamic Jurisprudence: a literature review.

    PubMed

    Naji, Zohrehsadat; Zamani, Zari; Koutlaki, Sofia A; Salamati, Payman

    2016-10-03

    Respect for personal autonomy in decision-making is one of the four ethical principles in medical circumstances. This paper aims to present evidence that can be considered good exemplars in the clarification of the ethical viewpoints of the western and Shi'i Islamic perspectives on this issue. The method followed was originally a search in international indexing services in April 2016. Our findings point towards various controversies on individuals' autonomy lead to different decision making outcomes by health workers in both different traditions. We concluded that although Shi'i Islamic jurisprudence does not seem to allow for personal autonomy in the sense it is understood in a western context, evidence indicates that Shi'i Islamic jurisprudence respects personal autonomy.

  20. 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.

  1. 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.

  2. 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…

  3. 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

  4. Autopsy of 15 clinical death cases: relationship between medicine and jurisprudence.

    PubMed

    Zheng-ming, Yi; Lan, Yi

    2010-03-01

    Autopsy has been performed on the 15 clinical death cases with complete data, through which the relationship between medicine and jurisprudence will be analyzed. The data of the diagnosis and treatment about the 15 clinical death cases were analyzed in comparison with the results of the autopsy. Six cases were misdiagnosed, five cases mistreated, four cases with multi-factors. With the help of autopsy the twelve cases were not identified as malpractice, which were accredited as medical fault. The autopsy is playing a unique role in defining the cause of death. It can clarify the medical responsibility and resolve the medical dispute.

  5. [Patient information and professional responsibility: reversal of jurisprudence of the Court of cassation].

    PubMed

    Rouanne, M; Lebret, T

    2012-01-01

    The Court of cassation is the highest court in the French judiciary. In a recent decision on June 3, 2010, the supreme jurisdiction quashed partially a court of appeal judgement. A patient developed erectile dysfunction following open prostatectomy for benign prostatic hyperplasia. The patient was not informed of this risk before the surgery. The judges recall that failure to provide information, including very exceptional risks, asserts in itself the physician's responsibility and allows financial reparation for patients. In accordance with this decision, a new jurisprudence in medical responsibility is born. Copyright © 2011 Elsevier Masson SAS. All rights reserved.

  6. Islamic jurisprudence and the end of human life.

    PubMed

    Ebrahim, A F

    1998-01-01

    Death is an inevitable reality but the causes leading to death may vary from individual to individual. In the past, death was considered to be a simple and straightforward phenomenon. The general practitioner would issue the death certificate once he was convinced that there was cessation or absence of spontaneous life in the patient. This meant that the patient had stopped breathing, his heart had stopped beating, there was unresponsiveness, his body had turned cold and finally rigor mortis had set in. With the successful accomplishment of heart transplants, it became obvious that a process of rethinking on how death could be determined had to be instituted. Cessation of heartbeat is no longer considered evidence of death since the heart is now able to be substituted with that of a just-deceased donor or with that of a baboon or even with a mechanical one. Moreover, modern biomedical innovations like the resuscitator and cardiac pacemaker have made it imperative to establish a set of criteria by which the moment of death could be identified. Diagnosis of brainstem death is relevant to the issue of retrieving viable vital organs, i.e. heart, lung, liver and kidney, for transplantation purposes. The Holy Qur'an emphasizes the universality of death and from its teachings one gathers that the moment of death would be at the time when the soul is separated from the body. However, one has to concede that the Qur'an does not in any way tell us anything about the nature of the soul nor of its location in the human body, hence the dilemma of Muslims insofar as brain death is concerned. In this paper, an attempt is made to analyse the deliberations of the classical and contemporary Muslim scholars on the end of human life with the aim of determining whether brain stem death could in effect be regarded by Muslims as the end of human life and if not why?

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

    PubMed

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

    2012-01-01

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

  8. 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).

  9. Producing a Tribal Citizenry Literate in Law and Jurisprudence

    ERIC Educational Resources Information Center

    Wall, Stephen

    2015-01-01

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

  10. Producing a Tribal Citizenry Literate in Law and Jurisprudence

    ERIC Educational Resources Information Center

    Wall, Stephen

    2015-01-01

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

  11. 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.

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

    PubMed

    Corral García, Eduardo

    2013-01-01

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

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

    PubMed Central

    Mariner, W K

    1992-01-01

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

  14. 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).

  15. 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.

  16. 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.

  17. 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.

  18. CDA Judicial Council: blending idealism and practicality.

    PubMed

    Kiger, Robert D

    2013-07-01

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

  19. 44 CFR 5.8 - Records involved in litigation or other judicial process.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Records involved in litigation or other judicial process. 5.8 Section 5.8 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL PRODUCTION OR DISCLOSURE OF INFORMATION General...

  20. 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....

  1. 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.

  2. 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

  3. 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.

  4. 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.

  5. 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

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

    PubMed Central

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

    2013-01-01

    The Palmers espoused anti-vaccination opinions in the early part of the 20th 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. PMID:23997246

  7. 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. 11.802 Section 11.802 Patents, Trademarks, and Copyrights UNITED STATES PATENT AND TRADEMARK OFFICE... Rules of Professional Conduct Maintaining the Integrity of the Profession § 11.802 Judicial and legal...

  8. Board of Curators of the University of Missouri v. Horowitz: Student Due Process Rights and Judicial Deference to Academic Dismissals.

    ERIC Educational Resources Information Center

    Brock, Allan D.

    1979-01-01

    The Horowitz case is consistent with the general reluctance of courts to sustain constitutional challenges to decisions by educators in academic matters. Precedent is heavily weighted in favor of the academic community and should be overcome in future challenges. (Journal availability: Willamette University College of Law, Salem, OR 97301, $5.00…

  9. "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

  10. Through the lens of therapeutic jurisprudence: the relationship between empowerment in the court system and well-being for intimate partner violence victims.

    PubMed

    Cattaneo, Lauren Bennett; Goodman, Lisa A

    2010-03-01

    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 empowerment and victim depression, quality of life, fear, and intention to use the system in the future among 142 court-involved women. At 3 and 6 months after recruitment, over and above repeat abuse, the outcome of the criminal case, and expectations about the court system, more empowering experiences in the court predicted improvement in depression and quality of life, in addition to stronger intention to use the system in the future if needed. Implications include the need for research on what aspects of victim experience in the court are empowering and evaluations of innovations that can increase the likelihood they will occur.

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

    ERIC Educational Resources Information Center

    Metchik, Eric

    1992-01-01

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

  12. Interstitial Jurisprudence Illustrated in Teaching Criminal Law

    ERIC Educational Resources Information Center

    Funk, David A.

    1975-01-01

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

  13. Interstitial Jurisprudence Illustrated in Teaching Criminal Law

    ERIC Educational Resources Information Center

    Funk, David A.

    1975-01-01

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

  14. 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.

  15. Legal and Judicial Problems in Mandating Equal Time for Creationism.

    ERIC Educational Resources Information Center

    Skoog, Gerald

    This paper, presented at the annual meeting of the National Association of Biology Teachers, is focused on legal and judicial problems in mandating equal time for creationism. Past events provide evidence that legislation, policies, and local resolutions that require science textbooks and curricula to include the Genesis account of creation are…

  16. 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...

  17. Reversing the historical tide of iatrogenic harm: A therapeutic jurisprudence analysis of increases in arrests of domestic batterers and rapists.

    PubMed

    Simon, Leonore M J; Ellwanger, Steven J; Haggerty, John

    2010-01-01

    Therapeutic jurisprudence (TJ) proposes that the law is a social force that can heal or cause harm to parties in a legal action. Historically, women victims of intimate partner rape and domestic violence could not seek justice in the legal system because police, like other actors in the justice system, treated these offenses as private matters or fabrications. In domestic violence and intimate rape cases, TJ is concerned with the needs of the victims, and how the law and police play a role in increasing their well-being. In this article, we use a TJ approach to the study of police responsiveness to victims of these offenses by investigating arrests of the offenders pursuant to law reforms that encourage or mandate arrest. Given that in these offenses, victims have the lowest reporting rates of any violent crime, the victim decision to call the police represents an expectation that the mere physical presence of a police officer may redefine the nature of the violence from a private conflict to a societal wrong that will not be tolerated. Police partnership with and treatment of the victim with respect and dignity can change the dynamics of the violence, terminate the violence, and set the criminal justice process in motion by arresting the offender in most cases. Police arrest, and subsequent prosecution and conviction, sends a message to offenders that society does not tolerate their violence, and allows the victim to begin to heal. Yet, past research indicates that police are less likely to arrest intimates than acquaintances and strangers in misdemeanor and aggravated assault, rape, and sexual assault cases. Using the National Incidence Reporting System (NIBRS) for the year 2000, we examine police arrests of intimate partner rape and domestic violence in jurisdictions with mandatory and presumptive arrest policies compared to police arrests in full discretion jurisdictions. We also ascertain whether arrest rates are higher for strangers and acquaintances than for

  18. Prevention of suicide: police powers, parliamentary intent and judicial interpretation.

    PubMed

    Mendelson, Danuta

    2009-05-01

    While in most countries suicide is no longer a crime, it is also acknowledged that the state has an interest in the preservation of human life, the prevention of suicide, and the protection of vulnerable persons from harming themselves. In a civil, secular and democratic society, however, the public law principle of state protective powers has to be balanced against the private law principle of personal autonomy (personal self-determination). Under the doctrine of autonomy, competent adults of sound mind can make legally binding voluntary choices, including the so-called "death-choice" (refusal of life-sustaining or life-prolonging treatment as well as suicide). To add to the complexity, whereas the powers of the state in relation to suicide and its prevention have been codified, the concepts of personal autonomy and personal liberty are grounded in common law. Kirkland-Veenstra v Stuart [2008] Aust Torts Reports 81-936; [2008] VSCA 32, which is at present being considered by the High Court of Australia, exemplifies tensions that arise in the suicide-prevention area of jurisprudence. This article explores the powers and duties of police officers in relation to suicide prevention and the notion of mental illness by reference to the Kirkland-Veenstra case, the relevant statutory framework and the common law.

  19. 28 CFR 8.11 - Interplay of administrative and criminal judicial forfeiture proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 28 Judicial Administration 1 2013-07-01 2013-07-01 false Interplay of administrative and criminal judicial forfeiture proceedings. 8.11 Section 8.11 Judicial Administration DEPARTMENT OF JUSTICE FORFEITURE AUTHORITY FOR CERTAIN STATUTES Seizure and Forfeiture of Property § 8.11 Interplay of administrative and...

  20. 28 CFR 8.11 - Interplay of administrative and criminal judicial forfeiture proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 28 Judicial Administration 1 2014-07-01 2014-07-01 false Interplay of administrative and criminal judicial forfeiture proceedings. 8.11 Section 8.11 Judicial Administration DEPARTMENT OF JUSTICE FORFEITURE AUTHORITY FOR CERTAIN STATUTES Seizure and Forfeiture of Property § 8.11 Interplay of administrative and...

  1. 76 FR 27089 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-05-10

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

  2. 75 FR 11560 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-03-11

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

  3. 78 FR 21977 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-04-12

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

  4. 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

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

  5. 77 FR 12078 - Meeting of the Judicial Conference Advisory Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-02-28

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

  6. 77 FR 70466 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-11-26

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

  7. 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.

  8. 77 FR 72884 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-12-06

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

  9. 78 FR 52785 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-08-26

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

  10. 77 FR 30025 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-05-21

    ... From the Federal Register Online via the Government Publishing Office JUDICIAL CONFERENCE OF THE UNITED STATES Meeting of the Judicial Conference Committee on Rules of Practice and Procedure AGENCY: Judicial Conference of the United States. ACTION: Notice of open meeting. SUMMARY: The Committee on...

  11. 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

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

  12. 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

    ... From the Federal Register Online via the Government Publishing Office JUDICIAL CONFERENCE Meeting of the Judicial Conference Committee on Rules of Practice and Procedure AGENCY: Judicial Conference of the United States Advisory Committee on Rules of Civil Procedure. ACTION: Notice of open...

  13. 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

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

  14. 78 FR 53159 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-08-28

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

  15. 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

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

  16. 78 FR 45564 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-07-29

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

  17. ["Phylogenetic presumptions"--can jurisprudence terms promote comparative biology?].

    PubMed

    Pesenko, Iu A

    2005-01-01

    The paper presents the results of a critical analysis of the "phylogenetic presumptions" conception by means of its comparison with the hypothetic-deductive method of the phylogeny reconstruction within the framework of the evolutionary systematics. Rasnitsyn (1988, 2002) suggested this conception by analogy with the presumption of innocence in jurisprudence, where it has only moral grounds. Premises of all twelve the "phylogenetic presumptions" are known for a long time as the criteria of character homology and polarity or as the criteria of relationship between organisms. Many of them are inductive generalizations based on a large body of data and therefore are currently accepted by most of taxonomists as criteria or corresponding rules, but not as presumptions with the imperative "it is true until the contrary is proved". The application of the juristic term "presumption" in phylogenetics introduces neither methodical profits, nor anything to gain a better insight of problems of the phylogenetic reconstruction. Moreover, it gives ill effects as, by analogy with a judicially charged person and his legal defense, it allows a researcher not to prove or substantiate his statements on characters and relationships. Some of Rasnitsyn's presumptions correspond to criteria, which have been recognized as invalid ones on the reason of their non-operationality (presumption "apomorphic state corresponds more effective adaptation") or insufficient ontological grounds (presumptions "are more complex structure is apomorphic", "the most parsimonious cladogram is preferable", and "one should considered every to be inherited").

  18. Safe and judicious paediatric psychotropic prescribing.

    PubMed

    McNicholas, F; Orakwue, N

    2014-02-01

    Psychotropic medications are now a well-established and evidenced based treatment for increasing number of child mental health disorders prescribed at increasing frequencies and by increasing number of professional groups. Clinicians' perceived levels of competence and standardised monitoring lag behind prescribing practice and should be addressed by regular continuous professional development. A study specific questionnaire on psychotropic prescribing practice in children was mailed to all child psychiatrists and paediatricians working in Ireland and GPs from a selected Dublin CAMHS catchment area. Of the 116 who replied, (39% response rate), antidepressants (58.7%), antipsychotics (57.1%) and ADHD medications (36.5%) were most commonly prescribed. Results suggest increasing trends of monitoring amongst Irish clinicians over time, but with some lack of specificity. Commensurate with the wish of clinicians, ongoing training in paediatric psychopharmacology is considered essential in order to benefit from the increasing advances in pharmacology.

  19. Judicial Attitude toward Legal Rights and AIDS.

    ERIC Educational Resources Information Center

    Stavis, Paul F.

    1989-01-01

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

  20. Judicial Attitude toward Legal Rights and AIDS.

    ERIC Educational Resources Information Center

    Stavis, Paul F.

    1989-01-01

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

  1. Using therapeutic jurisprudence and preventive law to examine disputants' best interests in mediating cases about physicians' practices: a guide for medical regulators.

    PubMed

    Ferris, Lorraine E

    2004-01-01

    Therapeutic jurisprudence (TJ) and preventive law (PL) are used as two theoretical perspectives from which to examine the best interests of parties in mediation because of a dispute about a physician's practice. The focus is mediation provided by and/or for the medical regulator. The paper reviews the literature on TJ and PL, and their relationship to mediation, and demonstrates how medical regulators could benefit by working within a framework reflecting both these perspectives providing it does not involve an egregious matter. A TJ and PL framework would be of particular value in identifying cases for mediation and in evaluating resolutions to mediated disputes.

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

    PubMed Central

    Friedman, L C

    2006-01-01

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

  3. Science and judicial proceedings--seventy-six years on.

    PubMed

    French, Robert

    2009-10-01

    The intersection of law and science, particularly in relation to causality and the legal concept of causation, were of considerable interest to Sir Owen Dixon. In this article, revisiting Dixon's 1933 lecture "Science and Judicial Proceedings", the Chief Justice refers to Dixon's deep interest in science and the issues to which it can give rise in legal proceedings. The 1933 lecture followed shortly after the judgment of the High Court in Australian Knitting Mills Ltd v Grant (1933) 50 CLR 387 which involved consideration of expert testimony and causal connections between product characteristics and personal injury to the consumer.

  4. Critical incidents and judicial response during medium security treatment.

    PubMed

    Jeandarme, Inge; Wittouck, Ciska; Vander Laenen, Freya; Pouls, Claudia; Heimans, Henri; Oei, T I; Bogaerts, Stefan

    This study examined inpatient incidents in three Flemish forensic medium security units and analyzed the subsequent judicial reactions to these incidents. During medium security treatment, incidents were reported for more than half of the participants. The most frequently registered incidents were non-violent in nature, such as absconding and treatment non-compliance. The base rate for physically violent incidents was low. Although crime-related incidents during medium security treatment were rarely prosecuted and adjudicated, the base rate of revocation - and hence drop-out from treatment - as a result of these incidents was high.

  5. [Judicial claims for medical malpractice].

    PubMed

    Llovet Delgado, J J

    1993-01-01

    Physicians' legal liability regarding malpractice has reached a previously unknown importance in Spain. This paper brings forward some statistical data on judicial claims presented by patients and their relatives. The whole of resolutions of the First and Second Court of the Supreme Court were collected between 1870 and 1992. In Madrid, the number of lawsuits in proceedings were obtained from a sample of the Courts at the Plaza de Castilla in April 1990, and figures on legal complaints, accusations and demands were obtained through consultations at the Medical College. The great majority of verdicts, both in Civil and Penal Jurisprudence, correspond to the last 13 years. In Madrid, the average of penal cases in proceedings was 3.8 per Court, and an appreciable increase of claims can be noticed, with an annual rate of about 0.4 per 100 physicians. Appealing to Justice in order to accuse a practitioner for presumed malpractice is no longer an unusual event. Various reasons contribute in this respect. However, other reasons exist to consider the Spanish situation very far from the level in the United States of America.

  6. 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

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

    SciTech Connect

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

    1998-03-01

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

  8. 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

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

    PubMed

    Gleberzon, Brian J

    2010-03-01

    The process by which the jurisprudence course was restructured at the Canadian Memorial Chiropractic College is chronicled. A Delphi process used to restructure the course is described, and the results of a student satisfaction survey are presented. 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. This is the first article published that described the process by which a jurisprudence course was developed and assessed by student survey. 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.

  10. 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

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

    PubMed

    Zenz, M; Rissing-van Saan, R

    2011-08-01

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

  12. Social Science Research: A Chronology for Judicial and Legislative Action.

    ERIC Educational Resources Information Center

    Carter, David G., Sr.

    The influence of social science research on educational policy, particularly since the 1954 Brown vs Board of Education decision, has been significant. The paper presents an historical overview of the judicial use of social science data. Three questions are investigated: to what extent has social science influenced judicial decision-making? what…

  13. Social Science Research: A Chronology for Judicial and Legislative Action.

    ERIC Educational Resources Information Center

    Carter, David G., Sr.

    The influence of social science research on educational policy, particularly since the 1954 Brown vs Board of Education decision, has been significant. The paper presents an historical overview of the judicial use of social science data. Three questions are investigated: to what extent has social science influenced judicial decision-making? what…

  14. 14 CFR 13.235 - Judicial review of a final decision and order.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ...) In cases under the Federal hazardous materials transportation statute, a party may seek judicial... TRANSPORTATION PROCEDURAL RULES INVESTIGATIVE AND ENFORCEMENT PROCEDURES Rules of Practice in FAA Civil Penalty...

  15. 14 CFR 13.235 - Judicial review of a final decision and order.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ...) In cases under the Federal hazardous materials transportation statute, a party may seek judicial... TRANSPORTATION PROCEDURAL RULES INVESTIGATIVE AND ENFORCEMENT PROCEDURES Rules of Practice in FAA Civil Penalty...

  16. 14 CFR 13.235 - Judicial review of a final decision and order.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ...) In cases under the Federal hazardous materials transportation statute, a party may seek judicial... TRANSPORTATION PROCEDURAL RULES INVESTIGATIVE AND ENFORCEMENT PROCEDURES Rules of Practice in FAA Civil Penalty...

  17. 14 CFR 13.235 - Judicial review of a final decision and order.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ...) In cases under the Federal hazardous materials transportation statute, a party may seek judicial... TRANSPORTATION PROCEDURAL RULES INVESTIGATIVE AND ENFORCEMENT PROCEDURES Rules of Practice in FAA Civil Penalty...

  18. 14 CFR 13.235 - Judicial review of a final decision and order.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ...) In cases under the Federal hazardous materials transportation statute, a party may seek judicial... TRANSPORTATION PROCEDURAL RULES INVESTIGATIVE AND ENFORCEMENT PROCEDURES Rules of Practice in FAA Civil Penalty...

  19. 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.

  20. Judicial review of NLRB rulemaking in the health care industry: implications for labor and management.

    PubMed

    Redle, D A; Rakich, J S

    In 1987 the National Labor Relations Board set out to promulgate a rule to define the appropriate bargaining units for the health care industry, making the first use of its substantive rulemaking powers. This departure from the traditional process of adjudication of unit determination issues occurred because of thirteen years of NLRB frustration resulting from congressional admonition against proliferation of bargaining units and subsequent inconsistent judicial interpretation of that admonition. This article traces the factors that led to the decision to rulemake, discusses the development of the rule itself, and examines the rule's judicial experience to date. It presents empirical findings of hospital union election activity during the period from 1985 through 1987 that confirm the thesis that bargaining unit size is a significant variable in election outcomes. Finally, the authors assess the likely outcome of the impending Supreme Court decision on the rule, along with implications for labor and management.

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

    PubMed

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

    2015-01-01

    Despite the establishment of the Daubert standard in 1993, the evidentiary criteria are rarely used as a basis for admissibility of expert witness testimony in the behavioral sciences. Ever since the promulgation of Frye and the Federal Rules of Evidence, controversy has surrounded the admissibility of expert testimony in courtrooms. There appears to be no existing uniform application of standards governing the admissibility of psychological expert witness testimony. Therefore, it is essential for the psycho-legal communities to explore judicial decision-making trends regarding psychological expert witness evidence. In this current research, psychological expert witness testimony and judicial decision-making will be explored. In preliminary examination, 97 criminal and civil case summaries from the LexisNexis Academic Database involved issues of admissibility. Analyses conducted by eight trained and paired coders revealed that reliability and assistance to the trier of fact were the most often cited reasons for admissibility in courts. Consistent with prior studies, it was also found that the most applied standards for admissibility of psychological evidence were the Federal Rules of Evidence. Interestingly, while the Daubert scientific criteria for admission of scientific testimony were mentioned, they were rarely utilized. A secondary analysis of 167 civil and criminal appellate cases indicated that the reliability of testimony (18% of all cases), ability to assist the trier of fact (17%), the expert witness' qualifications (17%), and the relevance of the testimony (16%) were the most commonly cited reasons for determining admissibility. A tertiary qualitative analysis focusing on these four categories then revealed eight major trends in admissibility of psychological expert evidence. Copyright © 2015 Elsevier Ltd. All rights reserved.

  2. 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...

  3. 9 CFR 329.6 - Articles or livestock subject to judicial seizure and condemnation.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 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...

  4. 9 CFR 329.6 - Articles or livestock subject to judicial seizure and condemnation.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 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...

  5. 9 CFR 329.6 - Articles or livestock subject to judicial seizure and condemnation.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 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...

  6. 9 CFR 329.6 - Articles or livestock subject to judicial seizure and condemnation.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 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...

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

    ERIC Educational Resources Information Center

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

    2011-01-01

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

  8. Toward a jurisprudence of drug regulation.

    PubMed

    Herder, Matthew

    2014-01-01

    Efforts to foster transparency in biopharmaceutical regulation are well underway: drug manufacturers are, for example, legally required to register clinical trials and share research results in the United States and Europe. Recently, the policy conversation has shifted toward the disclosure of clinical trial data, not just trial designs and basic results. Here, I argue that clinical trial registration and disclosure of clinical trial data are necessary but insufficient. There is also a need to ensure that regulatory decisions that flow from clinical trials - whether positive (i.e., product approvals) or negative (i.e., abandoned products, product refusals, and withdrawals) - are open to outside scrutiny. Further, a jurisprudence of drug regulation is needed. I develop two arguments motivated by (1) innovation concerns and (2) the value of good governance in support of openly publishing all final decisions for approved, abandoned, refused, and withdrawn products. After articulating why greater transparency in regulatory decision-making is needed, I distil four essential features of a jurisprudence of drug regulation that prescribe policy changes in terms not only of the transparency of regulatory outcomes and the underlying reasoning, but also regulatory organization.

  9. The cognitive interview method of conducting police interviews: eliciting extensive information and promoting therapeutic jurisprudence.

    PubMed

    Fisher, Ronald P; Geiselman, R Edward

    2010-01-01

    Police officers receive little or no training to conduct interviews with cooperative witnesses, and as a result they conduct interviews poorly, eliciting less information than is available and providing little support to assist victims overcome psychological problems that may have arisen from the crime. We analyze the components of a typical police interview that limits the amount of information witnesses communicate, and which militate against victims' overcoming psychological problems. We then describe an alternative interviewing protocol, the Cognitive Interview, which enhances witness recollection and also likely contributes to victims' well being. The component elements of the Cognitive Interview are described, with emphasis on those elements that likely promote better witness recollection and also help to assist victims' psychological health. Copyright © 2010 Elsevier Ltd. All rights reserved.

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

    PubMed

    Liu, Changqiu

    2008-12-01

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

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

    PubMed

    Ghoshray, Saby

    2015-01-01

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

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

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Judicial naturalization authority and withdrawal of petitions. 310.4 Section 310.4 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY NATIONALITY REGULATIONS NATURALIZATION AUTHORITY § 310.4 Judicial naturalization authority and withdrawal of...

  13. 12 CFR 1102.37 - Decision of the Subcommittee and judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Decision of the Subcommittee and judicial review. 1102.37 Section 1102.37 Banks and Banking FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL APPRAISER REGULATION Rules of Practice for Proceedings § 1102.37 Decision of the Subcommittee and judicial...

  14. 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...

  15. 9 CFR 381.216 - Procedure for judicial seizure, condemnation, and disposition.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 9 Animals and Animal Products 2 2012-01-01 2012-01-01 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...

  16. 9 CFR 381.216 - Procedure for judicial seizure, condemnation, and disposition.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 9 Animals and Animal Products 2 2014-01-01 2014-01-01 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...

  17. 9 CFR 381.216 - Procedure for judicial seizure, condemnation, and disposition.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 9 Animals and Animal Products 2 2011-01-01 2011-01-01 false Procedure for judicial seizure... 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...

  18. 9 CFR 381.216 - Procedure for judicial seizure, condemnation, and disposition.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 9 Animals and Animal Products 2 2013-01-01 2013-01-01 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...

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

    PubMed

    Ghanem, I

    1987-07-01

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

  20. 34 CFR 222.159 - When and where does a party seek judicial review?

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  1. 14 CFR 406.179 - Judicial review of a final decision and order.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 14 Aeronautics and Space 4 2012-01-01 2012-01-01 false Judicial review of a final decision and order. 406.179 Section 406.179 Aeronautics and Space COMMERCIAL SPACE TRANSPORTATION, FEDERAL AVIATION... Rules of Practice in FAA Space Transportation Adjudications § 406.179 Judicial review of a...

  2. 14 CFR 406.179 - Judicial review of a final decision and order.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 14 Aeronautics and Space 4 2010-01-01 2010-01-01 false Judicial review of a final decision and order. 406.179 Section 406.179 Aeronautics and Space COMMERCIAL SPACE TRANSPORTATION, FEDERAL AVIATION... Rules of Practice in FAA Space Transportation Adjudications § 406.179 Judicial review of a...

  3. 14 CFR 406.179 - Judicial review of a final decision and order.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 14 Aeronautics and Space 4 2011-01-01 2011-01-01 false Judicial review of a final decision and order. 406.179 Section 406.179 Aeronautics and Space COMMERCIAL SPACE TRANSPORTATION, FEDERAL AVIATION... Rules of Practice in FAA Space Transportation Adjudications § 406.179 Judicial review of a...

  4. 14 CFR 406.179 - Judicial review of a final decision and order.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 14 Aeronautics and Space 4 2013-01-01 2013-01-01 false Judicial review of a final decision and order. 406.179 Section 406.179 Aeronautics and Space COMMERCIAL SPACE TRANSPORTATION, FEDERAL AVIATION... Rules of Practice in FAA Space Transportation Adjudications § 406.179 Judicial review of a...

  5. 14 CFR 406.179 - Judicial review of a final decision and order.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 14 Aeronautics and Space 4 2014-01-01 2014-01-01 false Judicial review of a final decision and order. 406.179 Section 406.179 Aeronautics and Space COMMERCIAL SPACE TRANSPORTATION, FEDERAL AVIATION... Rules of Practice in FAA Space Transportation Adjudications § 406.179 Judicial review of a...

  6. "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.

  7. 78 FR 49768 - Hearings of the Judicial Conference Advisory Committees on Rules of Bankruptcy and Civil Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-08-15

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

  8. [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.

  9. Procedures for transmittal of CERCLA and RCRA civil judicial enforcement case packages to Headquarters. Final report

    SciTech Connect

    Not Available

    1989-06-12

    The directive clarifies which CERCLA and RCRA referral and settlement documents are to be sent to whom at Headquarters. The directive supplements directive no. 9891.1 Expanded Civil Judicial Referral Procedures, dated August 28, 1986.

  10. 76 FR 18144 - Committees on Administration & Management, Collaborative Governance, and Judicial Review

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-04-01

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

  11. '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.

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

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... AGENCY GRANTS AND OTHER FEDERAL ASSISTANCE INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT General... Indian Country § 49.172 Final permit issuance and administrative and judicial review. (a) How will final... ensure that the affected community, general public and any individuals who commented on the draft...

  13. 40 CFR 49.172 - Final permit issuance and administrative and judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... AGENCY GRANTS AND OTHER FEDERAL ASSISTANCE INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT General... Indian Country § 49.172 Final permit issuance and administrative and judicial review. (a) How will final... ensure that the affected community, general public and any individuals who commented on the draft...

  14. 40 CFR 49.172 - Final permit issuance and administrative and judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... AGENCY GRANTS AND OTHER FEDERAL ASSISTANCE INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT General... Indian Country § 49.172 Final permit issuance and administrative and judicial review. (a) How will final... ensure that the affected community, general public and any individuals who commented on the draft...

  15. 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...

  16. 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...

  17. 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...

  18. 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...

  19. 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...

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

    SciTech Connect

    Not Available

    1982-01-01

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

  1. 42 CFR 1003.127 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 42 Public Health 5 2010-10-01 2010-10-01 false Judicial review. 1003.127 Section 1003.127 Public... CIVIL MONEY PENALTIES, ASSESSMENTS AND EXCLUSIONS § 1003.127 Judicial review. Section 1128A(e) of the Act authorizes judicial review of a penalty, assessment or exclusion that has become final. Judicial...

  2. 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...

  3. 49 CFR 821.64 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 49 Transportation 7 2010-10-01 2010-10-01 false Judicial review. 821.64 Section 821.64... RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS Judicial Review of Board Orders § 821.64 Judicial review. (a) General. Judicial review of a final order of the Board may be sought as provided in 49 U.S.C. 1153 and...

  4. 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'…

  5. 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'…

  6. 42 CFR 423.1990 - Expedited access to judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

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

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

    SciTech Connect

    Not Available

    1983-01-01

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

  8. 12 CFR 1102.37 - Decision of the Subcommittee and judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... and section 1118(c)(3) of title XI of FIRREA (12 U.S.C. 3348(c)(3)), a final decision of the ASC is a... 12 Banks and Banking 9 2012-01-01 2012-01-01 false Decision of the Subcommittee and judicial review. 1102.37 Section 1102.37 Banks and Banking FEDERAL FINANCIAL INSTITUTIONS EXAMINATION...

  9. 30 CFR 921.775 - 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. 921.775 Section 921.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE MASSACHUSETTS § 921.775 Administrative and...

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

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 42 Public Health 5 2010-10-01 2010-10-01 false Preclusion on administrative and judicial review. 495.110 Section 495.110 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) STANDARDS AND CERTIFICATION STANDARDS FOR THE ELECTRONIC HEALTH RECORD...

  11. 40 CFR 179.117 - Designation and powers of judicial officer.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 40 Protection of Environment 25 2013-07-01 2013-07-01 false Designation and powers of judicial officer. 179.117 Section 179.117 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PESTICIDE PROGRAMS FORMAL EVIDENTIARY PUBLIC HEARING Decisions and Appeals § 179.117 Designation and...

  12. 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…

  13. 30 CFR 903.775 - Administrative and judicial review of decisions.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  14. 30 CFR 903.775 - Administrative and judicial review of decisions.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

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

  15. 30 CFR 903.775 - Administrative and judicial review of decisions.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

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

  16. 30 CFR 903.775 - Administrative and judicial review of decisions.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

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

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

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  18. 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...

  19. 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...

  20. 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...

  1. 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...

  2. 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...

  3. 30 CFR 912.775 - 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. 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...

  4. 30 CFR 912.775 - 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. 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...

  5. 30 CFR 912.775 - Administrative and judicial review of decisions.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 30 Mineral Resources 3 2012-07-01 2012-07-01 false Administrative and judicial review of decisions. 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...

  6. 30 CFR 912.775 - 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. 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...

  7. Influence of Child and Family Factors on Judicial Decisions in Contested Custody Cases.

    ERIC Educational Resources Information Center

    Wallace, Sara R.; Koerner, Susan Silverberg

    2003-01-01

    Explores how child and family factors influence judicial decision making in contested custody cases through interviews with 18 family court judges. Judges cited a variety of factors as being influential, including the child's age and developmental status, the child's wishes regarding the custody arrangement, the child's stability, parental…

  8. 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…

  9. 26 CFR 301.6361-2 - Judicial and administrative proceedings; Federal representation of State interests.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

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

  10. 26 CFR 301.6361-2 - Judicial and administrative proceedings; Federal representation of State interests.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

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

  11. 30 CFR 947.775 - 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. 947.775 Section 947.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE WASHINGTON...

  12. 30 CFR 947.775 - 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. 947.775 Section 947.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE WASHINGTON...

  13. 30 CFR 947.775 - 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. 947.775 Section 947.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE WASHINGTON...

  14. 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…

  15. 30 CFR 942.775 - 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. 942.775 Section 942.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE TENNESSEE...

  16. 30 CFR 942.775 - 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. 942.775 Section 942.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE TENNESSEE...

  17. 30 CFR 942.775 - 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. 942.775 Section 942.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE TENNESSEE...

  18. Langue Francaise, Culture Juridique, et Certification (The French Language, Judicial Culture, and Certification).

    ERIC Educational Resources Information Center

    Rimbert, Emmanuel

    1996-01-01

    Focuses on the new French judicial certificate as a historic undertaking emphasizing the capability of the French language to take into account and highlight important points of contact between the business world and legal language. The article emphasizes that there is no true business career without legal horizons. (Author/CK)

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

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  20. 32 CFR 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...

  1. 32 CFR 1900.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

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

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

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  3. 32 CFR 1900.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

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

  4. 32 CFR 1900.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

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

  5. 42 CFR 495.110 - Preclusion on administrative and judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 42 Public Health 5 2013-10-01 2013-10-01 false Preclusion on administrative and judicial review. 495.110 Section 495.110 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH... eligible hospitals, including— (i) The estimates or proxies for determining discharges, inpatient-bed-days...

  6. 42 CFR 495.110 - Preclusion on administrative and judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 42 Public Health 5 2014-10-01 2014-10-01 false Preclusion on administrative and judicial review. 495.110 Section 495.110 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH... eligible hospitals, including— (i) The estimates or proxies for determining discharges, inpatient-bed-days...

  7. 42 CFR 495.110 - Preclusion on administrative and judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 42 Public Health 5 2011-10-01 2011-10-01 false Preclusion on administrative and judicial review. 495.110 Section 495.110 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH... eligible hospitals, including— (i) The estimates or proxies for determining discharges, inpatient-bed-days...

  8. 42 CFR 495.110 - Preclusion on administrative and judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 42 Public Health 5 2012-10-01 2012-10-01 false Preclusion on administrative and judicial review. 495.110 Section 495.110 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH... eligible hospitals, including— (i) The estimates or proxies for determining discharges, inpatient-bed-days...

  9. 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…

  10. 32 CFR 1900.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  11. 32 CFR 1801.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 32 National Defense 6 2012-07-01 2012-07-01 false Notification of decision and right of judicial review. 1801.45 Section 1801.45 National Defense Other Regulations Relating to National Defense NATIONAL COUNTERINTELLIGENCE CENTER PUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974 Action On Privacy Act Administrative...

  12. 32 CFR 1800.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 32 National Defense 6 2012-07-01 2012-07-01 false Notification of decision and right of judicial review. 1800.45 Section 1800.45 National Defense Other Regulations Relating to National Defense NATIONAL COUNTERINTELLIGENCE CENTER PUBLIC ACCESS TO NACIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) NACIC Action...

  13. 32 CFR 1801.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 32 National Defense 6 2014-07-01 2014-07-01 false Notification of decision and right of judicial review. 1801.45 Section 1801.45 National Defense Other Regulations Relating to National Defense NATIONAL COUNTERINTELLIGENCE CENTER PUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974 Action On Privacy Act Administrative...

  14. 32 CFR 1800.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Notification of decision and right of judicial review. 1800.45 Section 1800.45 National Defense Other Regulations Relating to National Defense NATIONAL COUNTERINTELLIGENCE CENTER PUBLIC ACCESS TO NACIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) NACIC Action...

  15. 32 CFR 1800.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 32 National Defense 6 2014-07-01 2014-07-01 false Notification of decision and right of judicial review. 1800.45 Section 1800.45 National Defense Other Regulations Relating to National Defense NATIONAL COUNTERINTELLIGENCE CENTER PUBLIC ACCESS TO NACIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) NACIC Action...

  16. 32 CFR 1800.45 - 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. 1800.45 Section 1800.45 National Defense Other Regulations Relating to National Defense NATIONAL COUNTERINTELLIGENCE CENTER PUBLIC ACCESS TO NACIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) NACIC Action...

  17. 32 CFR 1801.45 - Notification of decision and right of judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Notification of decision and right of judicial review. 1801.45 Section 1801.45 National Defense Other Regulations Relating to National Defense NATIONAL COUNTERINTELLIGENCE CENTER PUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974 Action On Privacy Act Administrative...

  18. 32 CFR 1801.45 - 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. 1801.45 Section 1801.45 National Defense Other Regulations Relating to National Defense NATIONAL COUNTERINTELLIGENCE CENTER PUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974 Action On Privacy Act Administrative...

  19. 32 CFR 1801.45 - 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. 1801.45 Section 1801.45 National Defense Other Regulations Relating to National Defense NATIONAL COUNTERINTELLIGENCE CENTER PUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974 Action On Privacy Act Administrative...

  20. 32 CFR 1800.45 - 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. 1800.45 Section 1800.45 National Defense Other Regulations Relating to National Defense NATIONAL COUNTERINTELLIGENCE CENTER PUBLIC ACCESS TO NACIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) NACIC Action...

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

    ERIC Educational Resources Information Center

    McRee, Nick; Drapela, Laurie A.

    2012-01-01

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

  2. Legal Rules and Logical Procedures in Appellate Judicial Decision-Making.

    ERIC Educational Resources Information Center

    Chaly, Ingeborg

    In common law legal systems, the doctrine of precedent directs appellate judges to search out legal rules articulated in previous cases similar to the present case before making their decision. Although this principle is universally accepted, the extent to which legal rules determine decisions varies, since the rule element and judicial discretion…

  3. 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 Advisory Committee on Rules of Civil Procedure. ACTION: Notice of Public Hearing and Open Meeting. SUMMARY: On November 7, 2013, the Advisory Committee on Rules of Civil Procedure will hold a one-day public hearing on the proposed amendments to Civil Rules 1, 4, 6, 16, 26,...

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

    PubMed Central

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

    2016-01-01

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

  5. The Supreme Court of Canada as a "National School Board": The Charter and Educational Change.

    ERIC Educational Resources Information Center

    Sussel, T. A.; Manley-Casimir, M. E.

    1986-01-01

    After surveying recent constitutional trends and developments in charter jurisprudence and education, this paper examines the implications for Canadian schooling and education of an activist Supreme Court and discusses some of the advantages and disadvantages of national policy making and judicial intervention in the educational arena. (Author/JAZ)

  6. Which Procedural Parts of the IEP Process Are the Most Judicially Vulnerable?

    ERIC Educational Resources Information Center

    Zirkel, Perry A.; Hetrick, Allyse

    2017-01-01

    To provide a missing piece to the legal foundation of professional development and practice for the individualized education program (IEP) process, the authors report the results of a comprehensive systematic analysis of court decisions specific to IEP-related procedural violations after the 2004 amendments of the Individuals With Disabilities…

  7. Which Procedural Parts of the IEP Process Are the Most Judicially Vulnerable?

    ERIC Educational Resources Information Center

    Zirkel, Perry A.; Hetrick, Allyse

    2017-01-01

    To provide a missing piece to the legal foundation of professional development and practice for the individualized education program (IEP) process, the authors report the results of a comprehensive systematic analysis of court decisions specific to IEP-related procedural violations after the 2004 amendments of the Individuals With Disabilities…

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

    PubMed Central

    Gleberzon, Brain J

    2002-01-01

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

  9. 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...

  10. Annual committee reports on significant legislative, judicial, and administrative developments in 1980: Forest Resources Committee

    SciTech Connect

    Not Available

    1981-01-01

    Legislation passed in 1980 established a reforestation trust fund for public and private lands and a biomass energy bill encouraging the substitution of wood and agricultural-product fuels. Timberland ownership issues were the major judicial developments of the year, with several cases involving rights of access, environmental impacts and impact statements, estimates of timber sales contract and timber volume, and other matters. Administrative actions set procedures for managing rights-of-way and new rules for federal timber disposal. 24 references. (DCK)

  11. 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.

  12. [Legal remedies: therapeutic markets and the judicialization of the right to health].

    PubMed

    Biehl, João; Petryna, Adriana

    2016-01-01

    This study draw on the struggle of parents of children with mucopolysacchar idosis to access expensive drugs in the name of universal right to health. The work explores how, in Brazil, right-to-health litigation became an alternative pathway to access health care and shows that several public and private stakeholders dispute the judicialization of health. Biotechnology is, therefore, understood to remake human and social worlds as it opens up new spaces of ethical problematization, desire, and political belonging.

  13. Male student-athletes and violence against women: a survey of campus judicial affairs offices.

    PubMed

    Crosset, T W; Ptacek, J; Mcdonald, M A; Benedict, J R

    1996-06-01

    This study examines the institutional dimensions of violence against women through an analysis of officially reported incidents of violence against women. The data included records from 10 judicial affairs offices over a 3-year period from 1991-93. The findings reveal that male college student-athletes, compared to the rest of the male student population, are responsible for more than their share of the reported battering and sexual assault complaints to judicial affairs offices on the campuses of 10 Division I institutions. However, it needs to be emphasized that it is uncertain whether the association between athletic affiliation and violence against women is casual or the result of behavior only indirectly related to sport. These findings relate to other research because they are based on official reports and they strengthen previous works on athletes and violence against women that center on single institutions.

  14. 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

  15. 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.

  16. 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.

  17. 45 CFR 1355.39 - Administrative and judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES THE ADMINISTRATION ON CHILDREN, YOUTH AND FAMILIES, FOSTER CARE MAINTENANCE PAYMENTS, ADOPTION ASSISTANCE, AND CHILD AND FAMILY SERVICES...

  18. 45 CFR 1355.39 - Administrative and judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES THE ADMINISTRATION ON CHILDREN, YOUTH AND FAMILIES, FOSTER CARE MAINTENANCE PAYMENTS, ADOPTION ASSISTANCE, AND CHILD AND FAMILY SERVICES...

  19. 45 CFR 1355.39 - Administrative and judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES THE ADMINISTRATION ON CHILDREN, YOUTH AND FAMILIES, FOSTER CARE MAINTENANCE PAYMENTS, ADOPTION ASSISTANCE, AND CHILD AND FAMILY SERVICES GENERAL...

  20. 45 CFR 1355.39 - Administrative and judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES THE ADMINISTRATION ON CHILDREN, YOUTH AND FAMILIES, FOSTER CARE MAINTENANCE PAYMENTS, ADOPTION ASSISTANCE, AND CHILD AND FAMILY SERVICES...

  1. 45 CFR 1355.39 - Administrative and judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES THE ADMINISTRATION ON CHILDREN, YOUTH AND FAMILIES, FOSTER CARE MAINTENANCE PAYMENTS, ADOPTION ASSISTANCE, AND CHILD AND FAMILY SERVICES...

  2. 21 CFR 1316.78 - Judicial forfeiture.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ..., AND PROCEDURES Seizure, Forfeiture, and Disposition of Property § 1316.78 Judicial forfeiture. If the... circumstances surrounding the seizure to the U.S. Attorney for the judicial district in which the proceeding for...

  3. The issue of delivery room infections in the Italian law. A brief comparative study with English and French jurisprudence.

    PubMed

    Zaami, Simona; Montanari Vergallo, Gianluca; Napoletano, Simona; Signore, Fabrizio; Marinelli, Enrico

    2017-01-31

    Delivery room infections are frequent, and many of them could be avoided through higher standards of care. The authors examine this issue by comparing it to English and French reality. Unlike England, in Italy and France the relationship established between health facility, physician and patient is outlined in a contract. In England, the judges' decisions converge toward a better and higher protection of the patient-the actor-and facilitate the probative task. In case of infections, including those occurring in the delivery room, three issues are evaluated: the hospital's negligent conduct, damages if any and causal nexus. Therefore, the hospital must demonstrate to have taken the appropriate asepsis measures according to current scientific knowledge concerning not only treatment, but also diagnosis, previous activities, surgery and post-surgery. In order to avoid a negative sentence, both physicians and hospital have to demonstrate their correct behavior and that the infection was caused by an unforeseeable event. The authors examine the most significant rulings by the Courts and the Supreme Court. They show that hospitals can avoid being accused of negligence and recklessness only if they can demonstrate to have implemented all the preventive measures provided for in the guidelines or protocols.

  4. College and University Student Judicial Cases, Incidents, Materials: 1996.

    ERIC Educational Resources Information Center

    Buchanan, E. T. Joe

    This paper presents campus crime statistics for 1993 and 1994 and discusses overall trends in court workloads and criminology. An annotated summary of news reports, books, and legal citations regarding incidents and court findings related to education and particularly higher education are provided. The information is compiled from the Chronicle of…

  5. Personhood and Moral Status of The Embryo: It's Effect on Validity of Surrogacy Contract Revocation according to Shia Jurisprudence Perspective.

    PubMed

    Nazari Tavakkoli, Saeid

    2017-10-01

    One of the most controversial issues related to the human embryo is the determination of the moment when an embryo is considered a human being and acquires a moral status. Although personhood and moral status are frequently mentioned in medical ethics, they are considered interdisciplinary as concepts that shape the debate in medical law (fiqh) since their consequences are influential in the way which the parents and other individuals behave towards the embryo. This analytical-descriptive research gathered relevant data in a literature search. After a description of the fundamentals and definitions, we subsequently analyzed juridical texts and selected one of the viewpoints that regarded the surrogacy contract revocation. The surrogacy contract is a contract based upon which two sides (infertile couple and surrogate mother) involved in making the contract are obligated to fulfill its terms. Therefore, contract revocation can be surveyed from three perspectives: mutual revocation (iqala), legal unilateral wills (khiar al-majlis, khiar al-ayb), and contractual wills (khiar al-shart). Revocation of a surrogacy contract either by the genetic parents, surrogate or the fertility clinic is allowed by Muslim jurists only when the embryo lacks personhood. Based on Islamic teachings, the termination of a surrogacy contract in and after the sixteenth week of pregnancy, when the embryo acquires a human soul (ensoulment), is not allowed. However religious thought emphasizes the moral status of the fetus before the sixteenth week and states that optional termination of the surrogacy contract is not permitted while the fetus becomes a human being.

  6. 28 CFR 0.175 - Judicial and administrative proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... Division, the Civil Rights Division, the Environment and Natural Resources Division and the Tax Division... it has no objection to the proposed grant of immunity. (c) The Assistant Attorneys General and Deputy... the proposed grant of immunity. ...

  7. 28 CFR 0.175 - Judicial and administrative proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... Division, the Civil Rights Division, the Environment and Natural Resources Division and the Tax Division... it has no objection to the proposed grant of immunity. (c) The Assistant Attorneys General and Deputy... the proposed grant of immunity. ...

  8. 28 CFR 0.175 - Judicial and administrative proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... Division, the Civil Rights Division, the Environment and Natural Resources Division and the Tax Division... it has no objection to the proposed grant of immunity. (c) The Assistant Attorneys General and Deputy... the proposed grant of immunity. ...

  9. 28 CFR 0.175 - Judicial and administrative proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... Division, the Civil Rights Division, the Environment and Natural Resources Division and the Tax Division... it has no objection to the proposed grant of immunity. (c) The Assistant Attorneys General and Deputy... the proposed grant of immunity. ...

  10. Navigating the Rolling Hills of Justice: Mental Disabilities, Employment and the Evolving Jurisprudence of the Americans with Disabilities Act.

    PubMed

    Wylonis, Lauren; Wylonis, Nina T; Sadoff, Robert

    2017-03-01

    Mental illness and disability affect millions of individuals yearly in the U.S. The most important legislation protecting the mentally disabled in the workplace in the U.S. over the last half century has been the Americans with Disabilities Act (ADA) and its associated legislation and guidance. Although the employee should first request reasonable accommodation with the employer, evaluation by a mental health professional is one of the initial steps for individuals who report significant psychiatric symptoms that are impairing their functioning at work in the U.S.. Important regulations and laws in the United States that are essential knowledge to performing thorough mental disability evaluations include the ADA and Americans with Disabilities Act Amendments Act of 2008 (ADAAA), Social Security Disability, Workers' Compensation, and private disability insurance. These laws differ in applicability and in their definitions of disability. Social Security Disability is applicable to workers who have long-term impairments regardless of whether the disability arose on or off the job, while Worker's Compensation is specific to persons with work-related illness and injuries that occur on the job (Reno, Williams, & Sengupta, ). The Social Security definition of a disabled person is a person who is not "able to engage in any substantial gainful activity because of a medically-determinable physical or mental impairment(s): that is expected to result in death, or that has lasted or is expected to last for a continuous period of at least 12 months" (Social Security Red Book, ). However, the Workers' Compensation definition of what illnesses/injuries are compensated, the level of benefits and who provides the insurance are state-specific. Due to these differences in definition of disability, it is essential for the mental health professional performing a mental disability evaluation to clarify with the referral source or referring agency which legislation and laws they feel are

  11. Sexual Harassment in Employment: Recent Judicial and Arbitral Trends.

    ERIC Educational Resources Information Center

    Aeberhard-Hodges, Jane

    1996-01-01

    Review of national legislation and key cases on sexual harassment in North America, Europe, Asia, and Africa identified the following trends: recognition of harassment as employment discrimination, the importance of the legal framework used and the composition of the hearing body, the issue of individual or employer liability, and the influence of…

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

    PubMed

    Lugosi, Charles I

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

  13. Religious Influences in Public Education: Political and Judicial Developments.

    ERIC Educational Resources Information Center

    McCarthy, Martha M.

    2001-01-01

    Reviews litigation and legislation regarding religious influences in public education in the areas of student-led prayer, silent prayer, religious displays, holiday observances, religious exemptions, and challenges to the curriculum. (SK)

  14. 28 CFR 0.175 - Judicial and administrative proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... Division, the Civil Rights Division, the Environment and Natural Resources Division and the Tax Division... it has no objection to the proposed grant of immunity. (c) The Assistant Attorneys General and Deputy... the proposed grant of immunity. [Order No. 1310-88, 54 FR 297, Jan. 5, 1989, as amended by Order No...

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

    PubMed

    Eser, Albin; Koch, Hans-Georg

    2004-01-01

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

  16. Employment Rights of Handicapped Individuals: Statutory and Judicial Parameters.

    ERIC Educational Resources Information Center

    Massaro, Toni M.

    1978-01-01

    Analyzes existing legislation, regulations, and case law interpreting statutory mandates to provide a survey of the current status of employment rights for the handicapped. Suggests an administrative framework to alleviate weaknesses in existing governmental programs. Available from Marshall-Wythe School of Law of the College of William and Mary,…

  17. Employment Rights of Handicapped Individuals: Statutory and Judicial Parameters.

    ERIC Educational Resources Information Center

    Massaro, Toni M.

    1978-01-01

    Analyzes existing legislation, regulations, and case law interpreting statutory mandates to provide a survey of the current status of employment rights for the handicapped. Suggests an administrative framework to alleviate weaknesses in existing governmental programs. Available from Marshall-Wythe School of Law of the College of William and Mary,…

  18. 49 CFR 802.14 - Review procedure and judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... TRANSPORTATION SAFETY BOARD RULES IMPLEMENTING THE PRIVACY ACT OF 1974 Review of Initial Adverse Determination..., DC 20594, and shall contain a statement on the envelope and in the appeal: “Appeal from Privacy Act... envelope, “Privacy Act Statement of Disagreement.” (2) The Director, Bureau of Administration, or...

  19. Judicial Transparency and Ethics Enhancement Act of 2013

    THOMAS, 113th Congress

    Rep. Sensenbrenner, F. James, Jr. [R-WI-5

    2013-03-14

    House - 04/15/2013 Referred to the Subcommittee on Courts, Intellectual Property, And The Internet. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

  20. [Judicial and administrative consequences of reporting of adolescents in danger].

    PubMed

    Rey, C; Alvin, P

    1995-05-01

    Adolescent victims of abuse or neglect are regularly reported to social agencies and legal authorities. However, decisions following reports often remain unknown, leaving the question of the reporting's relevance open. POPULATION AND METHODS--Forty-one consecutive written reports sent to child protective services were reviewed, and their content analysed. These services were then contacted by telephone, in order to gather information on outcome. RESULTS--Forty-one reports concerned 40 adolescents (32 girls, 8 boys); 36 of whom had been admitted to our adolescent medicine ward. The most common reason for admission was a suicide attempt (20 cases). Thirty-nine reports were destined to legal authorities, while two to social agencies. The reason for reporting was physical or sexual abuse in more than half of the cases. In twenty-five cases, the main request was a separation from the family. Eighteen adolescents were lost from our medical follow-up after reporting. Thirty-two reports to legal authorities had led to a hearing by a juvenile judge answered favorably in two-thirds of the cases, after a mean period of 26 days. All the subjects for whom a separation from the family was not requested in the report remained at home. CONCLUSION--A simple telephone call is enough to gather information about the following of reports and enables an evaluation of the relevancy of its requests. The interface between the health care and legal systems needs improving through better coordination. Pediatricians should be leaders in this field.

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

    ERIC Educational Resources Information Center

    Thomas, Stephen B.

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

  2. Judicial Transparency and Ethics Enhancement Act of 2013

    THOMAS, 113th Congress

    Sen. Grassley, Chuck [R-IA

    2013-03-14

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

  3. 49 CFR 802.14 - Review procedure and judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... search and collection of the requested records from field offices or other establishments are required... the U.S.C.; (5) To a recipient who has provided NTSB with adequate advance written assurance that the... transferred in a form that is not identifiable with respect to individuals; 1 1 The advance written...

  4. 49 CFR 802.14 - Review procedure and judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... search and collection of the requested records from field offices or other establishments are required... the U.S.C.; (5) To a recipient who has provided NTSB with adequate advance written assurance that the... transferred in a form that is not identifiable with respect to individuals; 1 1 The advance written...

  5. 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)

  6. 24 CFR 14.340 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Judicial review. 14.340 Section 14.340 Housing and Urban Development Office of the Secretary, Department of Housing and Urban Development... Applications § 14.340 Judicial review. Judicial review of final departmental decisions on awards may be sought...

  7. 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...

  8. 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...

  9. 45 CFR 79.42 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 45 Public Welfare 1 2012-10-01 2012-10-01 false Judicial review. 79.42 Section 79.42 Public 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...

  10. 45 CFR 79.42 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 45 Public Welfare 1 2013-10-01 2013-10-01 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...

  11. 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...

  12. 49 CFR 605.35 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 49 Transportation 7 2010-10-01 2010-10-01 false Judicial review. 605.35 Section 605.35..., DEPARTMENT OF TRANSPORTATION SCHOOL BUS OPERATIONS Complaint Procedures and Remedies § 605.35 Judicial review... parties, but shall be subject to judicial review pursuant to title 5 U.S.C. 701-706. ...

  13. 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. 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...

  15. 14 CFR 1262.309 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

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

  16. 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). ...

  17. 42 CFR 423.2136 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 423.2136 Section 423.2136 Public...) MEDICARE PROGRAM VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT Reopening, ALJ Hearings, MAC review, and Judicial Review § 423.2136 Judicial review. (a) General rule. To the extent authorized by sections 1876(c...

  18. 36 CFR 1211.630 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... FINANCIAL ASSISTANCE Procedures § 1211.630 Judicial review. Action taken pursuant to 20 U.S.C. 1682 is subject to judicial review as provided in 20 U.S.C. 1683. ... 36 Parks, Forests, and Public Property 3 2014-07-01 2014-07-01 false Judicial review. 1211.630...

  19. 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...

  20. 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.

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

    PubMed

    Martire, Kristy A; Kemp, Richard I

    2009-06-01

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

  2. [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

  3. 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

  4. 26 CFR 301.7425-1 - Discharge of liens; scope and application; judicial proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ..., had been filed. Under the law of Y, junior liens on real property are discharged by a judicial sale... administration as part of a decedent's estate under the laws of State X. However, C takes possession of Blackacre... on the mortgage. Under the law of X, junior liens on real property are discharged by a judicial...

  5. 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.

  6. 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

  7. 28 CFR 0.49 - International judicial assistance.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  8. 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.

  9. Annual committee reports on significant legislative, judicial and administrative developments in 1983: Air-Quality Committee

    SciTech Connect

    Not Available

    1984-01-01

    Congress passed no significant amendments to the Clean Air Act (CAA) in 1983. Under judicial developments, the committee describes seven categories of cases concerning: nonattainment areas under CAA section 107, the adequacy and appropriateness of state implementation plans and regulation of interstate air pollution, new source-permitting cases, regulation of hazardous air pollutants, enforcement and attorneys fees and the scope of section 304 and 307 of the CAA, sections 120 and 123 of the CAA, and 1983 Title II cases. Administration developments included new steps under Titles I and II of the CAA taken by the Environmental Protection Agency to promulgate final regulation on nonattainment sanctions and new source standards and to revise hydrocarbon and carbon monoxide standards for heavy-duty engines and for vehicles at high altitudes. 264 references.

  10. Does the judicious use of safety behaviors improve the efficacy and acceptability of exposure therapy for claustrophobic fear?

    PubMed

    Deacon, Brett J; Sy, Jennifer T; Lickel, James J; Nelson, Elizabeth A

    2010-03-01

    Exposure therapy is traditionally conducted with an emphasis on the elimination of safety behaviors. However, theorists have recently suggested that the judicious use of safety behaviors may improve the tolerability of this treatment without reducing its efficacy. The present study tested this notion by randomly assigning participants with high claustrophobic fear to receive a single-session intervention with or without access to safety aids during early exposure trials. Improvement was generally equivalent between the treatment conditions, and no reliable benefits or drawbacks were associated with the judicious use of safety behaviors. The theoretical and clinical implications of these findings are discussed.

  11. Medico legal and epidemiological aspects of femicide in a judicial district of north eastern Italy.

    PubMed

    Moreschi, Carlo; Da Broi, Ugo; Zamai, Valentina; Palese, Francesca

    2016-04-01

    Femicide is the intentional killing of a woman because she is female, and often occurs when there are pre-existing relations, intimate or otherwise, between the victim and the murderer. A retrospective epidemiological study was made of 34 female homicides recorded in a university departmental register of post-mortems, pertaining to a judicial district of about 700,000 inhabitants in north eastern Italy, during a 21-year period from January 1st 1993 to December 31st 2013. The temporal trend, the socio-demographic characteristics of victims and perpetrators, the circumstances surrounding the crime and the risk factors for femicide were studied with the aim of identifying and developing preventive strategies.

  12. Analysis of the relationship between neonaticide and denial of pregnancy using data from judicial files.

    PubMed

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

    2012-01-01

    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. Quantitative and qualitative analyses of data collected from judicial files during a population-based study carried out in 26 courts in 3 regions of France over a 5-year period. There were 32 cases of neonaticides identified; 24, perpetrated by 22 mothers, were solved by police investigation. Aged 26 years on average, the mothers had occupations that resembled those of the general population and 17 had jobs, 13 were multiparous and 11 lived in a couple relationship. No effective contraception was used by women in 20 cases. Psychopathology was rare but mothers shared a personality profile marked by immaturity, dependency, weak self esteem, absence of affective support, psychological isolation and poor communication with partners. No pregnancy was registered nor prenatal care followed. Two (perhaps 3) pregnancies were undiscovered until delivery. No typical denial of pregnancy was observed in the other cases. Pregnancies were experienced in secrecy, with conflicting feelings of desire and rejection of the infant and an inability to ask for help. Those around the mothers, often aware of the pregnancy, offered none. In the absence of parallel clinical data, it is not possible to calculate the frequency of the association between neonaticide and denial of pregnancy. The term 'denial of pregnancy' cannot fully reflect the complexity of emotions and feelings felt by all perpetrators of neonaticide and is used differently by different professionals. The term itself and its excessive generalization contribute to pathologizing women while absolving those around them and has little operational value in preventing neonaticides. The authors suggest rethinking the terms presently used to describe the phenomenon of

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

    ERIC Educational Resources Information Center

    Tate, C. Neal

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

  14. 39 CFR 966.8 - Authority and responsibilities of Hearing Official or Judicial Officer.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... attached to any evidence of record will rest within the sound discretion of the Hearing Official. The...) Granting reasonable time extensions or other relief for good cause shown. (b) The Judicial Officer,...

  15. 39 CFR 966.8 - Authority and responsibilities of Hearing Official or Judicial Officer.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... attached to any evidence of record will rest within the sound discretion of the Hearing Official. The...) Granting reasonable time extensions or other relief for good cause shown. (b) The Judicial Officer,...

  16. 14 CFR 16.247 - Judicial review of a final decision and order.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... of an order of dismissal with prejudice issued by the Director, as provided in 49 U.S.C. 46110 or 49... orders subject to judicial review: (1) An FAA decision to dismiss a complaint without prejudice, as...

  17. Reform in Three Phases: Judicial Action and the German Federal Framework Law for Higher Education of 1976.

    ERIC Educational Resources Information Center

    Mushaben, Joyce Marie

    1984-01-01

    Higher education reform in West Germany from 1965-79 shows a growing tendency among the citizens toward politicized legalism. Three federal court decisions have shaped a federal law for higher education policy, and judicial activism in university reform impairs the ability of state legislatures and academic institutions to experiment and innovate…

  18. 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

    ... administrative actions involving securities held in TreasuryDirect ®? 363.45 Section 363.45 Money and Finance... BUREAU OF THE PUBLIC DEBT REGULATIONS GOVERNING SECURITIES HELD IN TREASURYDIRECT General Provisions Governing Securities Held in TreasuryDirect § 363.45 What are the rules for judicial and...

  19. 15 CFR 930.116 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE OCEAN AND COASTAL RESOURCE MANAGEMENT FEDERAL CONSISTENCY WITH APPROVED COASTAL MANAGEMENT PROGRAMS Secretarial Mediation § 930.116 Judicial...

  20. 15 CFR 930.116 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE OCEAN AND COASTAL RESOURCE MANAGEMENT FEDERAL CONSISTENCY WITH APPROVED COASTAL MANAGEMENT PROGRAMS Secretarial Mediation § 930.116 Judicial...

  1. 15 CFR 930.116 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE OCEAN AND COASTAL RESOURCE MANAGEMENT FEDERAL CONSISTENCY WITH APPROVED COASTAL MANAGEMENT PROGRAMS Secretarial Mediation § 930.116 Judicial...

  2. 15 CFR 930.116 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE OCEAN AND COASTAL RESOURCE MANAGEMENT FEDERAL CONSISTENCY WITH APPROVED COASTAL MANAGEMENT PROGRAMS Secretarial Mediation § 930.116 Judicial...

  3. 15 CFR 930.116 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE OCEAN AND COASTAL RESOURCE MANAGEMENT FEDERAL CONSISTENCY WITH APPROVED COASTAL MANAGEMENT PROGRAMS Secretarial Mediation § 930.116 Judicial...

  4. Judicial Training and Research for Child Custody Litigation. Report To Accompany H.R. 1253. Committee on the Judiciary, House of Representatives, 102d Congress, 2d Session.

    ERIC Educational Resources Information Center

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

    The purpose of House Resolution (HR) 1253, an amendment to the State Justice Institute (SJI) Act of 1984, is to authorize the SJI to carry out research on state judicial decisions and develop judicial training curricula related to child custody litigation involving domestic violence, and to disseminate the results of this research. The report…

  5. 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…

  6. 34 CFR 300.535 - Referral to and action by law enforcement and judicial authorities.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... agency reporting a crime committed by a child with a disability must ensure that copies of the special... authorities to whom the agency reports the crime. (2) An agency reporting a crime under this section may... judicial authorities. (a) Rule of construction. Nothing in this part prohibits an agency from reporting a...

  7. 34 CFR 300.535 - Referral to and action by law enforcement and judicial authorities.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... agency reporting a crime committed by a child with a disability must ensure that copies of the special... authorities to whom the agency reports the crime. (2) An agency reporting a crime under this section may... judicial authorities. (a) Rule of construction. Nothing in this part prohibits an agency from reporting a...

  8. 28 CFR 51.49 - Absence of judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Absence of judicial review. 51.49 Section 51.49 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PROCEDURES FOR THE ADMINISTRATION OF SECTION 5 OF THE VOTING RIGHTS ACT OF 1965, AS AMENDED Processing of Submissions § 51.49 Absence...

  9. Annual committee reports on significant legislative, judicial, and administrative developments in 1982: Public Lands and Land-Use Committee

    SciTech Connect

    Not Available

    1983-01-01

    Public lands legislative developments reported include: (1) the Small Tracts Act; (2) additions to the National Wilderness Program; (3) oil and gas leasing in wilderness areas; and (4) a brief summary of amendments to the Endangered Species Act. Judicial developments involving public lands include brief summaries of about 15 specific court cases. Administrative developments include brief statements regarding the Asset Management Program, Forest Service RPA planning program, contingent rights stipulations, national forest timber sale procedures, and national wild and scenic rivers regulations. Land use legislative developments are reported briefly for California, Oregon, Washington, and Utah. Judicial developments include court cases regarding (1) tidelands ownership involving the City of Los Angeles; (2) City of Denver depositing hazardous waste and sewage sludge at Lowry Landfill; (3) and the Oregon Court of Appeals deciding whether a school-closure decision is a land-use decision.

  10. 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...

  11. Are judicial status hearings a "key component" of drug court? Six and twelve months outcomes.

    PubMed

    Marlowe, Douglas B; Festinger, David S; Dugosh, Karen L; Lee, Patricia A

    2005-08-01

    Substantial evidence indicates that drug courts can be superior to traditional probation programs for enhancing treatment retention and reducing substance use and crime among drug offenders. Few studies have isolated the effects of the hypothesized "key components" of drug courts to determine their contributions to outcomes. This article presents outcomes at 6 and 12 months post-admission for misdemeanor drug court clients who were randomly assigned to different dosages of judicial status hearings. Although earlier work revealed superior during-treatment effects for high-risk participants who were assigned to more frequent bi-weekly hearings, those effects did not extend post-treatment. The results did reveal significant pre-to-post improvements for participants, as a whole, in self-reported drug use, alcohol use, and criminal recidivism; however, lacking a no-drug court control condition, it is not possible to discern the magnitude of the effect of the drug court program. Approximately, half of the participants resumed drug or alcohol use within 12 months of admission to drug court, and approximately 10-15% resumed illegal activities. These findings lend credence to the potential effectiveness of drug courts; however, continuing-care strategies are required to extend the effects of drug courts beyond the initial active phases of the program.

  12. 36 CFR 215.21 - Judicial proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

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

  13. 36 CFR 215.21 - Judicial proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

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

  14. 36 CFR 215.21 - Judicial proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  15. 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 Money and Finance: Treasury Regulations Relating to Money and Finance UNITED STATES MINT OPERATIONS AND... States Mint § 92.18 Judicial review. A Final Notice of Assessment issued under the procedures in...

  16. 50 CFR 296.15 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 50 Wildlife and Fisheries 11 2013-10-01 2013-10-01 false Judicial review. 296.15 Section 296.15 Wildlife and Fisheries NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE CONTINENTAL SHELF FISHERMEN'S CONTINGENCY FUND § 296.15 Judicial review. Any...

  17. 50 CFR 296.15 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 50 Wildlife and Fisheries 9 2011-10-01 2011-10-01 false Judicial review. 296.15 Section 296.15 Wildlife and Fisheries NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE CONTINENTAL SHELF FISHERMEN'S CONTINGENCY FUND § 296.15 Judicial review. Any...

  18. 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 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 1986 § 1264.141 Judicial review. Section 3805 of Title 31, United States Code,...

  19. 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...

  20. 12 CFR 308.541 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Judicial review. 308.541 Section 308.541 Banks and Banking FEDERAL DEPOSIT INSURANCE CORPORATION PROCEDURE AND RULES OF PRACTICE RULES OF PRACTICE... Title 31, United States Code, authorizes judicial review by an appropriate United States District Court...

  1. 33 CFR 140.30 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 33 Navigation and Navigable Waters 2 2010-07-01 2010-07-01 false Judicial review. 140.30 Section 140.30 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) OUTER CONTINENTAL SHELF ACTIVITIES GENERAL General § 140.30 Judicial review. (a) Nothing in this subchapter shall be...

  2. 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...

  3. 22 CFR 1101.15 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 22 Foreign Relations 2 2014-04-01 2014-04-01 false 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...

  4. 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...

  5. 10 CFR 501.69 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 10 Energy 4 2013-01-01 2013-01-01 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...

  6. 10 CFR 501.69 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 4 2011-01-01 2011-01-01 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...

  7. 10 CFR 501.69 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 10 Energy 4 2014-01-01 2014-01-01 false Judicial review. 501.69 Section 501.69 Energy DEPARTMENT 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...

  8. 10 CFR 501.69 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 10 Energy 4 2012-01-01 2012-01-01 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...

  9. 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...

  10. 8 CFR 310.5 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Judicial review. 310.5 Section 310.5 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY NATIONALITY REGULATIONS NATURALIZATION AUTHORITY § 310.5 Judicial review. (a) After 120 days following examination. An applicant for naturalization may...

  11. 31 CFR 27.8 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 31 Money and Finance: Treasury 1 2011-07-01 2011-07-01 false Judicial review. 27.8 Section 27.8 Money and Finance: Treasury Office of the Secretary of the Treasury CIVIL PENALTY ASSESSMENT FOR MISUSE OF DEPARTMENT OF THE TREASURY NAMES, SYMBOLS, ETC. § 27.8 Judicial review. A final Notice of...

  12. 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 Money and Finance: Treasury Office of the Secretary of the Treasury REGULATIONS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 § 16.42 Judicial review. Section 3805 of title 31, United States...

  13. 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...

  14. 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...

  15. 38 CFR 42.42 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Judicial review. 42.42 Section 42.42 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT § 42.42 Judicial review. Section 3805 of title 31...

  16. 38 CFR 42.42 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  17. 18 CFR 705.11 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 18 Conservation of Power and Water Resources 2 2014-04-01 2014-04-01 false Judicial review. 705.11 Section 705.11 Conservation of Power and Water Resources WATER RESOURCES COUNCIL NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS-EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 § 705.11 Judicial...

  18. 78 FR 52785 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-08-26

    ...: Judicial Conference of the United States Advisory Committee on Rules of Evidence. ACTION: Notice of Open Meeting. SUMMARY: The Advisory Committee on Rules of Evidence will hold a one- day meeting. The meeting...:00 p.m. ADDRESSES: University of Maine School of Law, 246 Deering Avenue, Portland, Maine 04102. FOR...

  19. 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 Advisory Committee on Rules of Civil Procedure. ACTION: Notice of Public Hearing. SUMMARY: On January 9, 2014, the Advisory Committee on Rules of Civil Procedure will hold a one-day public hearing on the proposed amendments to Civil Rules 1, 4, 6, 16, 26, 30, 31, 33,...

  20. 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 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PESTICIDE PROGRAMS TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD Procedural Regulations § 180.30 Judicial review. (a)...

  1. 49 CFR 605.35 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 49 Transportation 7 2013-10-01 2013-10-01 false Judicial review. 605.35 Section 605.35 Transportation Other Regulations Relating to Transportation (Continued) FEDERAL TRANSIT ADMINISTRATION, DEPARTMENT OF TRANSPORTATION SCHOOL BUS OPERATIONS Complaint Procedures and Remedies § 605.35 Judicial review...

  2. 45 CFR 1703.601 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 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... the manner of their implementation. Such action may be brought prior to or within sixty days after...

  3. 45 CFR 1703.601 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 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... the manner of their implementation. Such action may be brought prior to or within sixty days after...

  4. 45 CFR 1703.601 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 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... the manner of their implementation. Such action may be brought prior to or within sixty days after...

  5. 29 CFR 1983.112 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 29 Labor 9 2014-07-01 2014-07-01 false Judicial review. 1983.112 Section 1983.112 Labor... SAFETY IMPROVEMENT ACT OF 2008 Miscellaneous Provisions § 1983.112 Judicial review. (a) Within 60 days after the issuance of a final order under §§ 1983.109 and 1983.110, any person adversely affected or...

  6. 29 CFR 1983.113 - Judicial enforcement.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 29 Labor 9 2014-07-01 2014-07-01 false Judicial enforcement. 1983.113 Section 1983.113 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR... SAFETY IMPROVEMENT ACT OF 2008 Miscellaneous Provisions § 1983.113 Judicial enforcement. Whenever any...

  7. 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... SAFETY IMPROVEMENT ACT OF 2008. Miscellaneous Provisions § 1983.112 Judicial review. (a) Within 60 days after the issuance of a final order under §§ 1983.109 and 1983.110, any person adversely affected or...

  8. 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... SAFETY IMPROVEMENT ACT OF 2008. Miscellaneous Provisions § 1983.112 Judicial review. (a) Within 60 days after the issuance of a final order under §§ 1983.109 and 1983.110, any person adversely affected or...

  9. 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... SAFETY IMPROVEMENT ACT OF 2008 Miscellaneous Provisions § 1983.113 Judicial enforcement. Whenever any...

  10. 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... SAFETY IMPROVEMENT ACT OF 2008 Miscellaneous Provisions § 1983.112 Judicial review. (a) Within 60 days after the issuance of a final order under §§ 1983.109 and 1983.110, any person adversely affected or...

  11. 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... SAFETY IMPROVEMENT ACT OF 2008. Miscellaneous Provisions § 1983.113 Judicial enforcement. Whenever any...

  12. 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... SAFETY IMPROVEMENT ACT OF 2008. Miscellaneous Provisions § 1983.113 Judicial enforcement. Whenever any...

  13. 10 CFR 1013.42 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 4 2011-01-01 2011-01-01 false Judicial review. 1013.42 Section 1013.42 Energy DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES § 1013.42 Judicial review... District Court of a final decision of the authority head imposing penalties or assessments under this...

  14. 42 CFR 457.208 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ...) STATE CHILDREN'S HEALTH INSURANCE PROGRAMS (SCHIPs) ALLOTMENTS AND GRANTS TO STATES General...; Reduction of Federal Medical Payments § 457.208 Judicial review. (a) Right to judicial review. Any State dissatisfied with the Administrator's final determination on approvability of plan material (§ 457.203) or...

  15. 29 CFR 785.7 - Judicial construction.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  16. 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...

  17. 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...

  18. 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...

  19. 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...

  20. 47 CFR 1.1529 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... Telecommunication FEDERAL COMMUNICATIONS COMMISSION GENERAL PRACTICE AND PROCEDURE Implementation of the Equal Access to Justice Act (EAJA) in Agency Proceedings Procedures for Considering Applications § 1.1529 Judicial review. Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C...

  1. 29 CFR 1981.113 - Judicial enforcement.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Judicial enforcement. 1981.113 Section 1981.113 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR... IMPROVEMENT ACT OF 2002 Miscellaneous Provisions § 1981.113 Judicial enforcement. Whenever any person...

  2. 29 CFR 1981.113 - Judicial enforcement.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 29 Labor 9 2011-07-01 2011-07-01 false Judicial enforcement. 1981.113 Section 1981.113 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR... IMPROVEMENT ACT OF 2002 Miscellaneous Provisions § 1981.113 Judicial enforcement. Whenever any person...

  3. 29 CFR 1981.113 - Judicial enforcement.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 29 Labor 9 2013-07-01 2013-07-01 false Judicial enforcement. 1981.113 Section 1981.113 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR... IMPROVEMENT ACT OF 2002 Miscellaneous Provisions § 1981.113 Judicial enforcement. Whenever any person...

  4. 29 CFR 1981.113 - Judicial enforcement.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 29 Labor 9 2012-07-01 2012-07-01 false Judicial enforcement. 1981.113 Section 1981.113 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR... IMPROVEMENT ACT OF 2002 Miscellaneous Provisions § 1981.113 Judicial enforcement. Whenever any person...

  5. 29 CFR 1981.113 - Judicial enforcement.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 29 Labor 9 2014-07-01 2014-07-01 false Judicial enforcement. 1981.113 Section 1981.113 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR... IMPROVEMENT ACT OF 2002 Miscellaneous Provisions § 1981.113 Judicial enforcement. Whenever any person...

  6. 29 CFR 1980.112 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 29 Labor 9 2012-07-01 2012-07-01 false Judicial review. 1980.112 Section 1980.112 Labor... OF 2002, AS AMENDED Miscellaneous Provisions § 1980.112 Judicial review. (a) Within 60 days after the issuance of a final order under §§ 1980.109 and 1980.110, any person adversely affected or aggrieved by the...

  7. 29 CFR 1980.113 - Judicial enforcement.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 29 Labor 9 2013-07-01 2013-07-01 false Judicial enforcement. 1980.113 Section 1980.113 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR... OF 2002, AS AMENDED Miscellaneous Provisions § 1980.113 Judicial enforcement. Whenever any person has...

  8. 29 CFR 1980.112 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 29 Labor 9 2013-07-01 2013-07-01 false Judicial review. 1980.112 Section 1980.112 Labor... OF 2002, AS AMENDED Miscellaneous Provisions § 1980.112 Judicial review. (a) Within 60 days after the issuance of a final order under §§ 1980.109 and 1980.110, any person adversely affected or aggrieved by the...

  9. 29 CFR 1980.113 - Judicial enforcement.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Judicial enforcement. 1980.113 Section 1980.113 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR... Provisions § 1980.113 Judicial enforcement. Whenever any person has failed to comply with a preliminary order...

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

    PubMed

    Ferrazzi, Priscilla; Krupa, Terry

    2016-01-01

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

  11. Expanded civil judicial referral procedures

    SciTech Connect

    Not Available

    1986-08-28

    The directive provides guidance on procedures for civil judicial referrals to the Department of Justice. The memorandum expands the current direct referral program, indicates that Headquarters should not establish mandatory requirements for pre-referral negotiations, mandates use of hold action cases only for strategic or tactical reasons and offers guidance on the preparation of bankruptcy cases.

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

    PubMed

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

    2015-11-01

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

  13. 28 CFR 512.14 - Submission and processing of proposal.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Submission and processing of proposal. 512.14 Section 512.14 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE GENERAL... development and studies of perception, cognition, or game theory. If a proposal is processed under expedited...

  14. Comparing the Effects of Judicial versus Child Protective Service Relationships on Parental Attitudes in the Juvenile Dependency Process

    ERIC Educational Resources Information Center

    Ashford, Jose B.

    2006-01-01

    This pilot study examined the attitudes of parents in the child dependency process to determine whether their perceptions of fairness, trustworthiness, and satisfaction with the juvenile dependency system differed across types of relationships: relationships with judges or child protective service (CPS) workers. Method: The study relied on a…

  15. 28 CFR 9.4 - Petitions in judicial forfeiture cases.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... or mitigation within 30 days of the date they receive the notice in order to facilitate processing... Revenue Service liquor laws. The Chief shall accept and consider petitions submitted in judicial forfeiture proceedings under the Internal Revenue Service liquor laws only prior to the time a decree of...

  16. 32 CFR 935.60 - Wake Island Judicial Authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

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

  17. 32 CFR 935.60 - Wake Island Judicial Authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  18. 32 CFR 935.60 - Wake Island Judicial Authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  19. 32 CFR 935.60 - Wake Island Judicial Authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

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

  20. 32 CFR 935.60 - Wake Island Judicial Authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

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

  1. 41 CFR 101-6.214 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 41 Public Contracts and Property Management 2 2010-07-01 2010-07-01 true Judicial review. 101-6... in Programs Receiving Federal Financial Assistance § 101-6.214 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. ...

  2. The Cannabis Infringement Notice scheme in Western Australia: a review of policy, police and judicial perspectives.

    PubMed

    Sutton, Adam; Hawks, David

    2005-07-01

    Western Australia (WA) became the fourth Australian jurisdiction to adopt a 'prohibition with civil penalties scheme' for minor cannabis offences when its Cannabis Infringement Notice (CIN) scheme became law on 22 March 2004. This study examined the attitudes and practices of policy makers, members of the law enforcement and magistracy and other judicial sectors involved in enforcing the new scheme, and their views as to its likely impact on the drug market. As part of the pre--post evaluation of the legislative reforms a sample of 30 police, other criminal justice personnel and policy makers have been qualitatively interviewed. Data were collected both at the pre-implementation stage (March and June 2003) and shortly after the Act became operational (mid-June 2004). The Western Australia Police Service's implementation of the CIN scheme has been extremely professional. However, these early results suggest that while the CIN scheme has been designed to take into account problems with similar schemes elsewhere in Australia, possible problems include: some operational police being unsure about the operation of the scheme; expected savings in police resources will probably be reduced by procedures which require offenders to be taken back to the station rather than issue notices on the spot as intended by the scheme's architects; probable net widening; problems with exercise of police discretion to issue a CIN; and public misunderstanding of the scheme. In the early months of the scheme understanding of the new laws among both police and members of the public was far from perfect. For the system to achieve the outcomes intended by legislators, it is essential that levels of understanding improve. Media and other campaigns to inform the public that cannabis cultivation and use remain illegal, and to warn about risks associated with cannabis use, should be extended. As it will be at least 18 months before the scheme is operationally settled in, the media and others

  3. 77 FR 48611 - Rules of Practice for Trials Before the Patent Trial and Appeal Board and Judicial Review of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-08-14

    ...The United States Patent and Trademark Office (Office or USPTO) is revising the rules of practice to implement the provisions of the Leahy-Smith America Invents Act (``AIA'') that provide for trials before the Patent Trial and Appeal Board (Board). This final rule provides a consolidated set of rules relating to Board trial practice for inter partes review, post-grant review, the transitional program for covered business method patents, and derivation proceedings. This final rule also provides a consolidated set of rules to implement the provisions of the AIA related to seeking judicial review of Board decisions.

  4. 77 FR 6879 - Rules of Practice for Trials Before the Patent Trial and Appeal Board and Judicial Review of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-02-09

    ...The United States Patent and Trademark Office (Office or USPTO) proposes new rules of practice to implement the provisions of the Leahy-Smith America Invents Act that provide for trials before the Patent Trial and Appeal Board (Board). The proposed rules would provide a consolidated set of rules relating to Board trial practice for inter partes review, post-grant review, the transitional program for covered business method patents, and derivation proceedings. The proposed rules would also provide a consolidated set of rules to implement the provisions of the Leahy-Smith America Invents Act related to seeking judicial review of Board decisions.

  5. 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.

  6. 31 CFR 92.18 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  7. 31 CFR 92.18 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

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

  8. 31 CFR 92.18 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

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

  9. 31 CFR 92.18 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

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

  10. Therapeutic jurisprudence: A framework for evidence-informed health care policymaking.

    PubMed

    Campbell, Amy T

    2010-01-01

    Translation of evidence-based practice (EBP) into health care policy is of growing importance, with discussions most often focused on how to fund and otherwise promote EBP through policy (i.e., at system level, beyond the bedside). Less attention has been focused on how to ensure that such policies - as enacted and implemented, and as distinguished from the practices underlying policies - do not themselves cause harm, or at least frustrate accomplishment of "therapeutic" goals of EBP. On a different front, principles of therapeutic jurisprudence (TJ) in law have been developed, most prominently in certain areas of law (e.g., mental health and family law), to support more collaborative, less traumatic advocacy and conflict resolution. This paper draws on current applications of TJ and translates such into a therapeutic approach to health care policymaking that moves beyond promotion of EBP in policy. Health care policy itself may be viewed as an intervention that impacts health, positively or not. The goal is to offer a framework for health care policymaking grounded in TJ principles that does not focus on which evidence is "right" for policy use, but rather how we can better understand how consequences of policy, intended or not, affect the well-being of populations. Such framework thus moves policymaking from an either/or debate to a data- and human-driven process. Utilizing TJ framing questions, policies can be developed and evaluated through open dialogue among diverse voices at the table, including - like interventions - the "patients" or, here, targets of such policies. Collectively, they clarify how ends sought - to enhance (or at least not impair) health - can best be achieved through policy when needed, recognizing that as an intervention, there are limits to and boundaries on the usefulness of policy. Copyright © 2010 Elsevier Ltd. All rights reserved.

  11. 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

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

    PubMed Central

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

    2007-01-01

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

  13. Adapting judicial supervision to the risk level of drug offenders: discharge and 6-month outcomes from a prospective matching study.

    PubMed

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

    2007-05-01

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

  14. 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.

  15. The Canadian Charter of Rights, American Jurisprudence, and Canadian Civil Libel Law: Will There Be an Occasion for Dancing in Canadian Streets?

    ERIC Educational Resources Information Center

    Pizante, Gary

    The new and immense task that awaits the judiciary of Canada is to decide what limitations, if any, ought to be imposed upon freedom of expression as protected in the new Canadian Constitution with an entrenched Charter of Rights. The area of civil libel law provides special problems related to free speech and press. One source of help for…

  16. Personhood and Moral Status of The Embryo: It’s Effect on Validity of Surrogacy Contract Revocation according to Shia Jurisprudence Perspective

    PubMed Central

    Tavakkoli, Saeid Nazari

    2017-01-01

    Background One of the most controversial issues related to the human embryo is the determination of the moment when an embryo is considered a human being and acquires a moral status. Although personhood and moral status are frequently mentioned in medical ethics, they are considered interdisciplinary as concepts that shape the debate in medical law (fiqh) since their consequences are influential in the way which the parents and other individuals behave towards the embryo. Materials and Methods This analytical-descriptive research gathered relevant data in a literature search. After a description of the fundamentals and definitions, we subsequently analyzed juridical texts and selected one of the viewpoints that regarded the surrogacy contract revocation. Results The surrogacy contract is a contract based upon which two sides (infertile couple and surrogate mother) involved in making the contract are obligated to fulfill its terms. Therefore, contract revocation can be surveyed from three perspectives: mutual revocation (iqala), legal unilateral wills (khiar al-majlis, khiar al-ayb), and contractual wills (khiar al-shart). Conclusion Revocation of a surrogacy contract either by the genetic parents, surrogate or the fertility clinic is allowed by Muslim jurists only when the embryo lacks personhood. Based on Islamic teachings, the termination of a surrogacy contract in and after the sixteenth week of pregnancy, when the embryo acquires a human soul (ensoulment), is not allowed. However religious thought emphasizes the moral status of the fetus before the sixteenth week and states that optional termination of the surrogacy contract is not permitted while the fetus becomes a human being. PMID:28868846

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

    ERIC Educational Resources Information Center

    Gebara, Ademir

    2000-01-01

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

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

    ERIC Educational Resources Information Center

    Gebara, Ademir

    2000-01-01

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

  19. 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…

  20. 40 CFR 49.159 - Final permit issuance and administrative and judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... AGENCY GRANTS AND OTHER FEDERAL ASSISTANCE INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT General... the record as a result of the reviewing authority's evaluation of public comments; (viii) The final... portions so withdrawn. The new draft permit shall proceed through the same process of public comment...

  1. 40 CFR 49.172 - Final permit issuance and administrative and judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... AGENCY GRANTS AND OTHER FEDERAL ASSISTANCE INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT General... placed in the record as a result of the reviewing authority's evaluation of public comments; (v) Other... addressing the portions so withdrawn. The new draft permit shall proceed through the same process of...

  2. The University and Due Process.

    ERIC Educational Resources Information Center

    Perkins, James A.

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

  3. Pregnancy and the 40-Year Prison Sentence: How "Abortion Is Murder" Became Institutionalized in the Salvadoran Judicial System.

    PubMed

    Viterna, Jocelyn; Bautista, Jose Santos Guardado

    2017-06-01

    Using the case of El Salvador, this article demonstrates how the anti-abortion catchphrase "abortion is murder" can become embedded in the legal practice of state judicial systems. In the 1990s, a powerful anti-abortion movement in El Salvador resulted in a new legal context that outlawed abortion in all circumstances, discouraged mobilization for abortion rights, and encouraged the prosecution of reproduction-related "crimes." Within this context, Salvadoran women initially charged with the crime of abortion were convicted of "aggravated homicide" and sentenced to up to 40 years in prison. Court documents suggest that many of these women had not undergone abortions, but had suffered naturally occurring stillbirths late in their pregnancies. Through analysis of newspaper articles and court cases, this article documents how El Salvador came to prosecute obstetrical emergencies as "murder," and concludes that activism on behalf of abortion rights is central to protecting poor pregnant women from prosecution for reproduction-related "crimes."

  4. 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...

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

    PubMed Central

    2014-01-01

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

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

    PubMed

    Luo, Jing; Oliveira, Maria A; Ramos, Mariana B C; Maia, Aurélio; Osorio-de-Castro, Claudia G S

    2014-04-16

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

  7. 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...

  8. 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...

  9. 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...

  10. 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...

  11. 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...

  12. Student Misconduct: Historical Trends in Legislative and Judicial Decision-Making in American Universities.

    ERIC Educational Resources Information Center

    Grossi, Elizabeth L.; Edwards, Terry D.

    1997-01-01

    Discusses the changing nature of the student-college relationship through (1) the development and application of the "in loco parentis" doctrine, (2) evolution of the doctrine to include relevant legal issues and application of certain due process rights in university disciplinary proceedings, and (3) legal issues related to abandonment of the…

  13. Disciplinary and Academic Decisions Pertaining to Students: A Review of the 1995 Judicial Decisions.

    ERIC Educational Resources Information Center

    Pavela, Gary

    1997-01-01

    Reviews 1995 case law concerning constitutional due process in college student disciplinary cases. Finds that administrators should follow substantive and procedural rules carefully; disciplinary determinations should not substitute for academic judgments; academic dishonesty should be treated as a disciplinary offense; internships and clinical…

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

    ERIC Educational Resources Information Center

    Superfine, Benjamin Michael

    2009-01-01

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

  15. Judicial Review: State Supreme Judicial Views on Balancing Civil Liberties and Public Safety/Security Measures during the Global War on Terror

    DTIC Science & Technology

    2009-03-01

    one clear effect [i]t would return all constitutional decision making to the people acting politically.”); Noting that United States senators may...Whingtton reasons that U.S. political leaders delegate tasks to the courts, because “the courts may be able to perform more effectively or reliably than...to cooperate with one another in order to perform effectively .”); see also, Jeffery K. Staton, “Constitutional Review and the Selective Promotion of

  16. Sex-Reassignment Rules in Shiite Jurisprudence

    PubMed Central

    Kalbasi-Isfahani, Fahimeh; Deleer, Mohsen

    2016-01-01

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

  17. Sex-Reassignment Rules in Shiite Jurisprudence.

    PubMed

    Kalbasi-Isfahani, Fahimeh; Deleer, Mohsen

    2016-01-01

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

  18. [Allometry of scales in Chinese pangolins (Manis pentadactyla) and Malayan pangolins (Manis javanica) and application in judicial expertise].

    PubMed

    Zhou, Zhao-Min; Zhao, Hong; Zhang, Zhong-Xu; Wang, Ze-Hui; Wang, Han

    2012-06-01

    Pangolins are unique mammals in that they possess scales that serve a protective biological function. As an important raw material of traditional medicine, illegal trades of these scales are frequent and difficult to investigate or prosecute. We used allometric models of dry weight of scales to compare 35 Chinese pangolins (Manis pentadactyla) and 119 Malayan pangolins (Manis javanica). Our results showed that the dry weight of scales increases significantly faster with the length of head and body in Malayan pangolins (P=0.005), while dry weight of scales is positive (slope=3.725) in Malayan pangolins but isometric (slope=3.105) in Chinese pangolins. The differences in morphology between these species may reflect an evolutionary adaptation to different environments; Malayan pangolins in tropical regions appear to suffer from greater predation pressure than Chinese pangolins in temperate regions. We advise the conversion standards between dry weight of scales and number of individuals as 573.47 g in Chinese pangolins and 360.51 g in Malayan pangolins respectively, and when two are mixed together, average above two parameters of the median at 466.99 g. We propose these measurements be used as judicial evidences in forensic identification of related cases.

  19. [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.

  20. [Analysis of judicial sentences issued against traumatologists between 1995 and 2011 as regards medical negligence].

    PubMed

    Cardoso-Cita, Z; Perea-Pérez, B; Albarrán-Juan, M E; Labajo-González, M E; López-Durán, L; Marco-Martínez, F; Santiago-Saéz, A

    2016-01-01

    Traumatology and Orthopaedic Surgery is one of the specialities with most complaints due to its scope and complexity. The aim of this study is to determine the characteristics of the complaints made against medical specialists in Traumatology, taking into account those variables that might have an influence both on the presenting of the complaint as well as on the resolving of the process. An analysis was performed on 303 legal judgments (1995-2011) collected in the health legal judgements archive of the Madrid School of Medicine, which is linked to the Westlaw Aranzadi data base. Civil jurisdiction was the most used. The specific processes with most complaints were bone-joint disorders followed by vascular-nerve problems and infections. The injury claimed against most was in the lower limb, particularly the knee. The most frequent general cause of complaint was surgical treatment error, followed by diagnostic error. There was lack of information in 14.9%. There was sentencing in 49.8% of the cases, with compensation mainly being less than 50,000 euros. Traumatology and Orthopaedic Surgery is a speciality prone to complaints due to malpractice. The number of sentences against traumatologists is high, but compensations are usually less than 50,000 euros. The main reason for sentencing is surgical treatment error; thus being the basic surgical procedure and where precautions should be maximised. The judgements due to lack of information are high, with adequate doctor-patient communication being essential as well as the correct completion of the informed consent. Copyright © 2014 SECOT. Published by Elsevier Espana. All rights reserved.

  1. 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...

  2. 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...

  3. 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...

  4. 12 CFR 1209.57 - Judicial review; no automatic stay.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 12 Banks and Banking 9 2012-01-01 2012-01-01 false Judicial review; no automatic stay. 1209.57... PRACTICE AND PROCEDURE Rules of Practice and Procedure § 1209.57 Judicial review; no automatic stay. (a... section 1374 of the Safety and Soundness Act (12 U.S.C. 4634). (b) No automatic stay. Commencement of...

  5. 12 CFR 1209.57 - Judicial review; no automatic stay.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 12 Banks and Banking 10 2014-01-01 2014-01-01 false Judicial review; no automatic stay. 1209.57... PRACTICE AND PROCEDURE Rules of Practice and Procedure § 1209.57 Judicial review; no automatic stay. (a... section 1374 of the Safety and Soundness Act (12 U.S.C. 4634). (b) No automatic stay. Commencement of...

  6. 12 CFR 1209.57 - Judicial review; no automatic stay.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 12 Banks and Banking 9 2013-01-01 2013-01-01 false Judicial review; no automatic stay. 1209.57... PRACTICE AND PROCEDURE Rules of Practice and Procedure § 1209.57 Judicial review; no automatic stay. (a... section 1374 of the Safety and Soundness Act (12 U.S.C. 4634). (b) No automatic stay. Commencement of...

  7. 12 CFR 908.10 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Judicial review. 908.10 Section 908.10 Banks and Banking FEDERAL HOUSING FINANCE BOARD FEDERAL HOUSING FINANCE BOARD ORGANIZATION AND OPERATIONS RULES OF PRACTICE AND PROCEDURE IN HEARINGS ON THE RECORD Scope and Authority-Enforcement Proceedings...

  8. 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)...

  9. 14 CFR § 1264.141 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 14 Aeronautics and Space 5 2014-01-01 2014-01-01 false Judicial review. § 1264.141 Section § 1264.141 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 1986 § 1264.141 Judicial review. Section 3805 of Title 31,...

  10. 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) OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY FOREIGN NARCOTICS KINGPIN SANCTIONS REGULATIONS Penalties § 598.706 Judicial review of...

  11. 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) OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY FOREIGN NARCOTICS KINGPIN SANCTIONS REGULATIONS Penalties § 598.706 Judicial review of...

  12. 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...

  13. 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...

  14. 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…

  15. 41 CFR 105-70.042 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 41 Public Contracts and Property Management 3 2012-01-01 2012-01-01 false Judicial review. 105-70.042 Section 105-70.042 Public Contracts and Property Management Federal Property Management... Administration 70-IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 § 105-70.042 Judicial...

  16. 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…

  17. Judicial History on the World Wide Web: An Annotated Guide.

    ERIC Educational Resources Information Center

    Baich, Laura; Loving, Jessica

    1998-01-01

    Describes 21 World Wide Web sites devoted to various aspects of judicial history. Includes for each entry the site name, address (Uniform Resource Locator), and brief description of site contents. Focuses primarily on United States judicial history but also includes some resources for Anglo-Irish legal history and world legal history. (DSK)

  18. 7 CFR 1.426 - Appeal to Judicial Officer.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... Adjudication of Sourcing Area Applications and Formal Review of Sourcing Areas Pursuant to the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620 et seq.) § 1.426 Appeal to Judicial Officer. (a... the institution of the proceeding, pursuant to 16 U.S.C. 620b(c)(3). If the Judicial Officer decides...

  19. 7 CFR 1.426 - Appeal to Judicial Officer.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... Adjudication of Sourcing Area Applications and Formal Review of Sourcing Areas Pursuant to the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620 et seq.) § 1.426 Appeal to Judicial Officer. (a... the institution of the proceeding, pursuant to 16 U.S.C. 620b(c)(3). If the Judicial Officer decides...

  20. 7 CFR 1.426 - Appeal to Judicial Officer.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... Adjudication of Sourcing Area Applications and Formal Review of Sourcing Areas Pursuant to the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620 et seq.) § 1.426 Appeal to Judicial Officer. (a... the institution of the proceeding, pursuant to 16 U.S.C. 620b(c)(3). If the Judicial Officer decides...

  1. 7 CFR 1.426 - Appeal to Judicial Officer.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... Adjudication of Sourcing Area Applications and Formal Review of Sourcing Areas Pursuant to the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620 et seq.) § 1.426 Appeal to Judicial Officer. (a... the institution of the proceeding, pursuant to 16 U.S.C. 620b(c)(3). If the Judicial Officer decides...

  2. 26 CFR 301.6363-4 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Judicial review. 301.6363-4 Section 301.6363-4 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) PROCEDURE AND ADMINISTRATION PROCEDURE AND ADMINISTRATION Seizure of Property for Collection of Taxes § 301.6363-4 Judicial...

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

    PubMed

    Callow, Ella; Tahir, Munazza; Feldman, Maurice

    2017-05-01

    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. The present authors conducted Boolean searches of Westlaw Corporation's case database since 1999. The present authors used a six-question checklist to survey the 42 most recent American appellate cases involving termination of parental rights (TPR) decisions that included evidence of parental intellectual and developmental disabilities based on IQ. In 86% of cases, parental low IQ was presented as a barrier to parenting competence. Higher courts uphold TPR decision in 81% of cases involving parents with intellectual and developmental disabilities. Parental IQ scores are routinely relied upon to judge parenting capacity in custody cases where parents have intellectual and developmental disabilities. The present authors recommend more comprehensive assessments examining a broader range of contextual variable that may impact on parenting abilities. © 2016 John Wiley & Sons Ltd.

  4. 34 CFR 303.236 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... Regulations of the Offices of the Department of Education (Continued) OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES State Application and Assurances Department Procedures § 303.236 Judicial review. If a State...

  5. 34 CFR 303.236 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... Regulations of the Offices of the Department of Education (Continued) OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES State Application and Assurances Department Procedures § 303.236 Judicial review. If a State...

  6. 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...

  7. 5 CFR 1201.205 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

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

  8. Judicious Discipline in the Music Classroom.

    ERIC Educational Resources Information Center

    Nimmo, Douglas

    1997-01-01

    Advocates a proactive method by Forrest Gathercoal of dealing with conflict and discipline in the music classroom through reliance on democratic principles. This method, "Judicious Discipline," is based upon the Bill of Rights and includes sharing power, allowing students to be heard, and acknowledging their thoughts as credible and…

  9. 5 CFR 1201.205 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

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

  10. 36 CFR 215.21 - Judicial proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... to invoke and exhaust the appeal procedures in this part (7 U.S.C. 6912 (e)). ... 36 Parks, Forests, and Public Property 2 2010-07-01 2010-07-01 false Judicial proceedings. 215.21 Section 215.21 Parks, Forests, and Public Property FOREST SERVICE, DEPARTMENT OF AGRICULTURE NOTICE...

  11. 36 CFR 215.21 - Judicial proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... to invoke and exhaust the appeal procedures in this part (7 U.S.C. 6912 (e)). ... 36 Parks, Forests, and Public Property 2 2012-07-01 2012-07-01 false Judicial proceedings. 215.21 Section 215.21 Parks, Forests, and Public Property FOREST SERVICE, DEPARTMENT OF AGRICULTURE NOTICE...

  12. 7 CFR 1.170 - Appeal to the Judicial Officer.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 7 Agriculture 1 2013-01-01 2013-01-01 false Appeal to the Judicial Officer. 1.170 Section 1.170 Agriculture Office of the Secretary of Agriculture ADMINISTRATIVE REGULATIONS Rules of Practice Governing Cease and Desist Proceedings Under Section 2 of the Capper-Volstead Act § 1.170 Appeal to the Judicial...

  13. 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...

  14. 4 CFR 21.11 - Effect of judicial proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 4 Accounts 1 2010-01-01 2010-01-01 false Effect of judicial proceedings. 21.11 Section 21.11 Accounts GOVERNMENT ACCOUNTABILITY OFFICE GENERAL PROCEDURES BID PROTEST REGULATIONS § 21.11 Effect of judicial proceedings. (a) A protester must immediately advise GAO of any court proceeding which involves the subject matter of a pending protest and...

  15. 4 CFR 28.90 - Board procedures; judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 4 Accounts 1 2013-01-01 2013-01-01 false Board procedures; judicial review. 28.90 Section 28.90 Accounts GOVERNMENT ACCOUNTABILITY OFFICE GENERAL PROCEDURES GOVERNMENT ACCOUNTABILITY OFFICE PERSONNEL... ACCOUNTABILITY OFFICE Procedures Board Decisions, Attorney's Fees and Judicial Review § 28.90 Board procedures...

  16. 36 CFR 1202.84 - Can I seek judicial review?

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 36 Parks, Forests, and Public Property 3 2014-07-01 2014-07-01 false Can I seek judicial review... Can I seek judicial review? Yes, within 2 years of receipt of a NARA final determination as provided...) In which the NARA records are located; or (c) In the District of Columbia....

  17. 45 CFR 80.11 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

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

  18. 45 CFR 201.7 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 45 Public Welfare 2 2011-10-01 2011-10-01 false Judicial review. 201.7 Section 201.7 Public Welfare Regulations Relating to Public Welfare OFFICE OF FAMILY ASSISTANCE (ASSISTANCE PROGRAMS), ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES GRANTS TO STATES FOR...

  19. 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...

  20. 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...

  1. 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... the requester seeks to challenge....

  2. 13 CFR 117.18 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 13 Business Credit and Assistance 1 2013-01-01 2013-01-01 false Judicial review. 117.18 Section 117.18 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES OF SBA-EFFECTUATION OF THE AGE DISCRIMINATION ACT OF 1975, AS AMENDED §...

  3. 5 CFR 185.142 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 5 Administrative Personnel 1 2011-01-01 2011-01-01 false Judicial review. 185.142 Section 185.142 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS PROGRAM FRAUD CIVIL REMEDIES... penalties and/or assessments under this part and specifies the procedures for such review. ...

  4. 18 CFR 1302.11 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 18 Conservation of Power and Water Resources 2 2014-04-01 2014-04-01 false Judicial review. 1302.11 Section 1302.11 Conservation of Power and Water Resources TENNESSEE VALLEY AUTHORITY NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF TVA-EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964...

  5. 40 CFR 180.30 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PESTICIDE PROGRAMS TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD Procedural Regulations § 180.30 Judicial review. (a) Under... pesticide chemical residues. (8) Orders issued under FFDCA section 408(g)(2)(C) ruling on objections to...

  6. 40 CFR 180.30 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PESTICIDE PROGRAMS TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD Procedural Regulations § 180.30 Judicial review. (a) Under... pesticide chemical residues. (8) Orders issued under FFDCA section 408(g)(2)(C) ruling on objections to...

  7. 40 CFR 180.30 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PESTICIDE PROGRAMS TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD Procedural Regulations § 180.30 Judicial review. (a) Under... pesticide chemical residues. (8) Orders issued under FFDCA section 408(g)(2)(C) ruling on objections to...

  8. 40 CFR 180.30 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PESTICIDE PROGRAMS TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD Procedural Regulations § 180.30 Judicial review. (a) Under... pesticide chemical residues. (8) Orders issued under FFDCA section 408(g)(2)(C) ruling on objections to...

  9. 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 Public Lands: Interior Office of the Secretary of the Interior NONDISCRIMINATION IN ACTIVITIES CONDUCTED UNDER PERMITS, RIGHTS-OF-WAY, PUBLIC LAND ORDERS, AND OTHER FEDERAL AUTHORIZATIONS GRANTED OR...

  10. 34 CFR 300.184 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... Regulations of the Offices of the Department of Education (Continued) OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES State Eligibility Department Procedures § 300.184 Judicial review. If a State is dissatisfied...

  11. 34 CFR 300.184 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... Regulations of the Offices of the Department of Education (Continued) OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES State Eligibility Department Procedures § 300.184 Judicial review. If a State is dissatisfied...

  12. 10 CFR 207.8 - Judicial actions.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 3 2011-01-01 2011-01-01 false Judicial actions. 207.8 Section 207.8 Energy DEPARTMENT OF ENERGY OIL COLLECTION OF INFORMATION Collection of Information Under the Energy Supply and Environmental... district court within the jurisdiction of which any inquiry is carried on may, upon petition by...

  13. 6 CFR 7.13 - Judicial proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 6 Domestic Security 1 2012-01-01 2012-01-01 false Judicial proceedings. 7.13 Section 7.13 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY CLASSIFIED NATIONAL SECURITY INFORMATION... Information Procedures Act (CIPA), Public Law 96-456, 94 Stat. 2025, (18 U.S.C. App.), and the...

  14. 7 CFR 400.96 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 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...

  15. 7 CFR 400.96 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 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...

  16. 7 CFR 400.96 - Judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 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...

  17. 7 CFR 400.96 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 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...

  18. 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...

  19. 45 CFR 1203.11 - Judicial review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 45 Public Welfare 4 2014-10-01 2014-10-01 false Judicial review. 1203.11 Section 1203.11 Public Welfare Regulations Relating to Public Welfare (Continued) CORPORATION FOR NATIONAL AND COMMUNITY SERVICE NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS-EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 § 1203.11...

  20. 45 CFR 1203.11 - Judicial review.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 45 Public Welfare 4 2011-10-01 2011-10-01 false Judicial review. 1203.11 Section 1203.11 Public Welfare Regulations Relating to Public Welfare (Continued) CORPORATION FOR NATIONAL AND COMMUNITY SERVICE NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS-EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 § 1203.11...

  1. 45 CFR 1203.11 - Judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 45 Public Welfare 4 2013-10-01 2013-10-01 false Judicial review. 1203.11 Section 1203.11 Public Welfare Regulations Relating to Public Welfare (Continued) CORPORATION FOR NATIONAL AND COMMUNITY SERVICE NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS-EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 § 1203.11...

  2. 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...

  3. 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...

  4. 40 CFR 49.159 - Final permit issuance and administrative and judicial review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... AGENCY GRANTS AND OTHER FEDERAL ASSISTANCE INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT General Federal Implementation Plan Provisions Federal Minor New Source Review Program in Indian Country § 49.159... decision to ensure that the affected community, general public and any individuals who commented on...

  5. 40 CFR 49.159 - Final permit issuance and administrative and judicial review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... AGENCY GRANTS AND OTHER FEDERAL ASSISTANCE INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT General Federal Implementation Plan Provisions Federal Minor New Source Review Program in Indian Country § 49.159... decision to ensure that the affected community, general public and any individuals who commented on...

  6. The Wilderness Act and fish stocking: an overview of legislation, judicial interpretation, and agency implementation

    Treesearch

    Peter Landres; Shannon Meyer; Sue Matthews

    2001-01-01

    Many high-elevation lakes in designated wilderness are stocked with native and nonnative fish by state fish and game agencies to provide recreational fishing opportunities. In several areas, this practice has become controversial with state wildlife managers who support historical recreational use of wilderness, federal wilderness managers who assert that stocking...

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

    ERIC Educational Resources Information Center

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

    2011-01-01

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

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

    ERIC Educational Resources Information Center

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

    2011-01-01

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

  9. 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...

  10. 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...

  11. 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...

  12. 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...

  13. 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...

  14. [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.

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

    ERIC Educational Resources Information Center

    Yurko, Richard J.

    1980-01-01

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

  16. 5 CFR 1201.161 - Action by the Equal Employment Opportunity Commission; judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... Commission; judicial review. (a) Time limit for determination. In cases in which an appellant petitions the... not consider the petition filed under 5 U.S.C. 7702(b)(2). (c) Commission processing and time limits... matter of law: (i) The decision of the Board constitutes an incorrect interpretation of any provision of...

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

    ERIC Educational Resources Information Center

    Yurko, Richard J.

    1980-01-01

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

  18. 42 CFR 478.46 - Departmental Appeals Board and judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... HUMAN SERVICES (CONTINUED) QUALITY IMPROVEMENT ORGANIZATIONS RECONSIDERATIONS AND APPEALS Utilization and Quality Control Quality Improvement Organization (QIO) Reconsiderations and Appeals § 478.46...

  19. Disabled Students in Higher Education: Administrative and Judicial Enforcement of Disability Law.

    ERIC Educational Resources Information Center

    Milani, Adam A.

    1996-01-01

    Administrative and court decisions made since enactment of the Americans with Disabilities Act (1990) that have clarified the rights and responsibilities of both students and schools are examined as they relate to the areas of admissions, academic adjustments, auxiliary aids, access, housing, and other issues facing colleges and universities. (MSE)

  20. 9 CFR 381.215 - Poultry or other articles subject to judicial seizure and condemnation.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

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