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Journal articles on the topic 'Appellants'

Author: Grafiati

Published: 28 July 2024

Last updated: 31 July 2025

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1

Netolitzky, Donald J., and Richard Warman. "As the Water Grinds the Stone: Comparison of Represented and Self-represented Appellant Populations in the Federal Court of Appeal." Windsor Yearbook of Access to Justice 37, no. 1 (2022): 206–59. http://dx.doi.org/10.22329/wyaj.v37i1.7195.

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This article reports a quantitative and statistically reliable population investigation of 552 Federal Court of Appeal proceedings that were appeals by represented and self-represented appellants who, in 2016 or 2017, appealed decisions of the Federal Court or Tax Court of Canada. Appeals by the Crown, non-Crown represented appellants, and self-represented appellants exhibited markedly different frequencies at which appeals were granted, and patterns for how appeals were terminated. Nearly half of Crown appeals were granted, but less than one in twenty self-represented appellants had any degre

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2

Byars, Caitlyn, Lindsey Chow, and Steven Lord. "Best Brief, Appellants." Pace Environmental Law Review 27, no. 3 (2010): 937. http://dx.doi.org/10.58948/0738-6206.1644.

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3

Refuge Editor. "Oral Hearings — A Right." Refuge: Canada's Journal on Refugees 5, no. 1 (1985): 5–6. http://dx.doi.org/10.25071/1920-7336.41283.

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   Appellants claim Convention refugee status as defined in s. 2(1) of the Immigra- tion Act, 1976. The Minister of Employ- ment and Immigration, acting on the advice of the Refugee Status Advisory Committee, determined pursuant to s. 45 of the Act that none of the appellants was a Convention refugee.   

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4

Tattersall, Luke. "Appeal Dismissed: English Courts on Foreign Judgments." African Journal of International and Comparative Law 26, no. 3 (2018): 477–80. http://dx.doi.org/10.3366/ajicl.2018.0242.

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Case note considering a recent Court of Appeal authority regarding a claim brought in England by an Ethiopian party who was displeased with the outcome of litigation in Ethiopia. The Appellants were alleging that they had not received a fair trial in Ethiopia. The Court of Appeal have firmly stated that the English courts will not act as a supranational appellate court to decisions made in other jurisdictions. The case reaffirms the principle of comity within private international law and helps delineate the boundaries regarding cases brought in England and Wales which have no connection with

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Laubscher, Michael. "Is the Sanctity of Contract Cast in Stone? An Evaluation of AB v Pridwin Preparatory School." Obiter 41, no. 2 (2020): 436–46. http://dx.doi.org/10.17159/obiter.v41i2.9163.

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This matter involves an appeal by AB (father) and CB (mother) (parents of DB and EB) against a decision of the South Gauteng High Court. The High Court found that the decision of the first respondent (Pridwin Preparatory School) to terminate a contract that had been concluded between it and the appellants was constitutional and acceptable, and thus found in favour of the respondents. This meant that the two children had to find another school to attend. The school based its action on a termination clause in paragraph 9.3 of the contract that had been concluded between the parties.The appellant

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Prince, F. O., and Manjula T. Dr. "Ensuring Fair Patent Adjudication: Understanding Intellectual Property Appellate Board Framework." International Journal of Innovative Science and Research Technology (IJISRT) 10, no. 2 (2025): 19–21. https://doi.org/10.5281/zenodo.14836686.

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The Intellectual Property Appellate Board (Patents Procedure) Rules, 2010, create a critical structure that guides Indian patent-related appeals for achieving more effective and transparent appellate procedures. Parties appealing Controller of Patents decisions must follow these rules, which establish procedures and requirements related to documentation, verification and representation. The established procedure outlined by these rules works to create a fair and accountable system that enables stakeholders to understand their pathway through the system. The system maintains proceeding integrit

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Guntur Rapi Sanjaya and Bima Adi Putranto. "Analisis Putusan Majelis Hakim Pengadilan Negeri Balige terhadap Penerapan Hukum Waris Adat Batak dalam Pembagian Hak Waris." Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora 2, no. 1 (2023): 189–98. http://dx.doi.org/10.59059/mandub.v2i1.893.

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Patrilineal inheritance, a customary system practiced in various Indonesian traditions, designates inheritance passing through the paternal lineage. However, complications arise when heirs lack male descendants or those recognized as legitimate by customary norms. Customary practices within the community often address these issues. Judicial panels frequently adjudicate disputes related to patrilineal inheritance to ensure equitable resolutions. Judges, empowered by the Judicial Power Law No. 48 of 2009, make decisions based on a comprehensive understanding of the legal framework and case circu

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McAlister, Merritt. ""Downright Indifference": Examining Unpublished Decisions in the Federal Courts of Appeals." Michigan Law Review, no. 118.4 (2020): 533. http://dx.doi.org/10.36644/mlr.118.4.downright.

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Nearly 90 percent of the work of the federal courts of appeals looks nothing like the opinions law students read in casebooks. Over the last fifty years, the so-called “unpublished decision” has overtaken the federal appellate courts in response to a caseload volume “crisis.” These are often short, perfunctory decisions that make no law; they are, one federal judge said, “not safe for human consumption.” The creation of the inferior unpublished decision also has created an inferior track of appellate justice for a class of appellants: indigent litigants. The federal appellate courts routinely

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9

Ridgedell, Thomas. "The Archpriest Controversy: The conservative Appellants against the progressive Jesuits." British Catholic History 33, no. 4 (2017): 561–82. http://dx.doi.org/10.1017/bch.2017.25.

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The Archpriest Controversy, a dispute that took place from 1598 to 1602 over the necessity for an archpriest to enforce moral discipline among the English Catholic clergy, has been traditionally seen either as a struggle for hierarchical order within the Catholic Church or a serious ideological breach between the Jesuit faction and the Appellants. In contrast to recent historiography, this paper argues that the Appellants, secular clergy that opposed the archpriest, represented views of conservative English Catholics who believed they could reconcile their political loyalty to their monarch wi

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10

Kuang, Kai, and Bin Liang. "Criminal appellants’ claims and appellate courts’ answers: An empirical analysis of criminal appeals in Hunan province, China." Australian & New Zealand Journal of Criminology 48, no. 4 (2014): 543–71. http://dx.doi.org/10.1177/0004865814537653.

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11

Bodansky, Daniel, and Colin P. A. Jones. "Case No. 1231 [2003]." American Journal of International Law 100, no. 4 (2006): 908–10. http://dx.doi.org/10.1017/s0002930000031997.

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Case No. 1231 [2003]. 1416 Saibansho JIHŌ 6. At <http://www.courts.go.jp>.Saikō Saibansho (Supreme Court of Japan), July 21, 2006.In a decision issued on July 21, 2006, a five-justice panel of the Supreme Court of Japan effectively overturned seventy-eight years of Japanese jurisprudence on foreign sovereign immunity. The holding in Case No. 1231 [2003] serves to limit the ability of foreign governmenrs to claim immunity from the civil jurisdiction of Japanese courts in cases involving commercial and other activities not of a sovereign character.The case came before the Supreme Court as

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Auld, Douglas, and Clive Southey. "Insurance and Non-Conforming Land Use (Note 1)." Urban Studies and Public Administration 2, no. 3 (2019): p170. http://dx.doi.org/10.22158/uspa.v2n3p170.

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The purchase of a residential home carries the risk of adjacent properties being rezoned in a manner creating negative externalities reducing the value of nearby residential homes. In most municipalities, appeals against rezoning are a costly and time consuming activity both for appellants and the public administrative bureaucracy. In this paper we establish the framework to analyze the creation of a residential insurance arrangement that has the potential to reduce the costs associated with appeals to restrict rezoning.

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LOFT, PHILIP. "LITIGATION, THE ANGLO-SCOTTISH UNION, AND THE HOUSE OF LORDS AS THE HIGH COURT, 1660–1875." Historical Journal 61, no. 4 (2017): 943–67. http://dx.doi.org/10.1017/s0018246x17000346.

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AbstractThis article examines the role of the House of Lords as the high court from the Restoration of 1660 to the passage of the Appellate Jurisdiction Act in 1876. Throughout this period, lay peers and bishops judged appeals on civil law from the central courts of England and Wales, Ireland (aside from between 1783 and 1800), and Scotland after the Union of 1707. It has long been known that the revolution of 1688–9 transformed the ability of parliament to pass legislation, but the increased length and predictability of parliamentary sessions was of equal significance to the judicial function

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McLauchlan, David W. ""Frustration" in the Court of Appeal." Victoria University of Wellington Law Review 44, no. 3/4 (2013): 593. http://dx.doi.org/10.26686/vuwlr.v44i3/4.4978.

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This article discusses the decision of the New Zealand Court of Appeal in Planet Kids Ltd v Auckland Council [2012] NZCA 562, [2013] 1 NZLR 485. The Court upheld the Council's argument that its contract with the appellants had been frustrated, and therefore it was released from the obligation to render the performance it had promised, notwithstanding that it had achieved in substance everything that it set out to achieve at the time of the contract. The author argues that the case was wrongly decided.

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Hughes-Jennett, Julianne. "Vedanta Resources PLC and Another (Appellants) v. Lungowe and Others (U.K. Sup. Ct.)." International Legal Materials 58, no. 5 (2019): 1114–38. http://dx.doi.org/10.1017/ilm.2019.44.

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On April 10, 2019, the U.K. Supreme Court (UKSC) handed down judgment in the case of Vedanta Resources PLC and Another (Appellants) v. Lungowe and Others (Respondents). The case raises important issues regarding jurisdiction and the potential for a duty of care to be imposed on a parent company in respect of harm caused by its subsidiary. The UKSC has also made clear that a duty of care could be imposed in a nonequity relationship such as in relation to a company's supply chain.

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Ospina Torres, Edward F. "El trabajador digital, entre la inclusión y la exclusión protectoria." RHS-Revista Humanismo y Sociedad 9, no. 2 (2021): 1–15. http://dx.doi.org/10.22209/rhs.v9n2a02.

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En este artículo se analiza la naturaleza jurídica del trabajo prestado a través de la plataforma digital Uber, así como las diferentes problemáticas que presenta. Para ello, se revisará en detalle la Sentencia Uber BV and others (Appellants) v Aslam and others (Respondents) (Suprema Corte del Reino Unido, caso: UKSC 2019/0029, 2021), extrapolando el alcance de sus considerandos al contexto colombiano, planteando que, dadas las condiciones sui generis de este tipo de ocupación, resulta necesaria la revisión de las normas que regulan el trabajo humano dependiente e independiente.

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17

Gumboh, Esther. "Rep v. Chimkango: The Application of Kafantayeni to Pre-resentencing Appeals Against the Mandatory Death Penalty in Malawi." African Journal of International and Comparative Law 26, no. 4 (2018): 527–47. http://dx.doi.org/10.3366/ajicl.2018.0247.

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Despite confirming in several decisions that the striking down of the mandatory death penalty in Kafantayeni v. Attorney General entitled all offenders sentenced under the mandatory death penalty regime to a fresh hearing on sentence, the Malawi Supreme Court of Appeal (MSCA) entertained appeals against the original (now unconstitutional) mandatory death sentences in the absence of resentencing hearings in the High Court. The question that arose in Rep v. Chimkango was whether the High Court has the jurisdiction to hold a resentencing hearing in respect of a death sentence which had already be

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Blaustein, Albert P., Edward R. Grant, Ann-Louise Lohr, and Kevin J. Todd. "The Role of Stare Decisis in the Reconsideration of Roe v. Wade." American Journal of Law & Medicine 15, no. 2-3 (1989): 204–10. http://dx.doi.org/10.1017/s0098858800012181.

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Webster v. Reproductive Health Services represented the first occasion in which a state, defending a challenge to its abortion laws, called for the Supreme Court to reconsider Roe v. Wade. This opportunity presented a two-fold challenge to those engaged in seeking the reversal of Roe through the courts. First was to persuade the Court that Roe had been erroneously decided. Second was to overcome the defense of Roe premised upon stare decisis.Two briefs, representing separate groups of Members of Congress and Senators as amici, were filed on behalf of the appellants, each addressed to one of th

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19

Hoellerer, Nicole, and Nick Gill. "‘Assembly-Line Baptism’." Journal of Legal Anthropology 5, no. 2 (2021): 1–29. http://dx.doi.org/10.3167/jla.2021.050201.

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We explore judges’ approaches to asylum court appeals based on the issue of conversion from Islam to Christianity. Our court ethnography in Germany and Austria in 2018 and 2019 provides an insight into how such claims are discussed during appeals. At the time, they were increasingly common, especially concerning Iranians and Afghans involved in ‘free churches’ (e.g. Evangelical, Pentecostal or charismatic). We show how rumours, congregations’ reputations and assumptions about baptism and what genuine conversions entail are discussed. These factors can not only influence appellants’ cases, but

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20

Brennan, Carol. "Re Guardian and News Media Ltd in HM Treasury v Mohammed Jabar Ahmed [2010] UKSC 1." Denning Law Journal 22, no. 1 (2012): 197–207. http://dx.doi.org/10.5750/dlj.v22i1.360.

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WHAT’S IN A NAME?In this case the newly constituted Supreme Court adjudicated upon anonymity orders granted in respect of the appellants, who had been the subjects of asset-freezing orders imposed under anti-terrorism legislation. The complex set of facts gave the Court the opportunity to consider the influence of the competing rights under articles 8 and 10 of the European Convention on Human Rights (ECHR) upon the pressing issue of restrictions on reporting of publicly conducted legal proceedings. The decision of the Court constitutes a reassertion of the importance of press freedom, underpi

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21

Holder, James, and Stephanie Rocha. "Brief for Industry Plaintiffs - Appellants: Twentieth Annual Pace National Environmental Law Moot Court Competition." Pace Environmental Law Review 25, no. 2 (2008): 483. http://dx.doi.org/10.58948/0738-6206.1049.

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22

Robertson, James E. "Recent Legal Developments." Criminal Justice Review 37, no. 2 (2012): 281–94. http://dx.doi.org/10.1177/0734016812438850.

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This annual survey examines important prisoners' rights cases decided by the U.S. Courts of Appeals during 2011. These cases addressed constitutional questions about inmate-on-inmate violence, lockdowns, delayed medical care, custodial suicide, gender identity disorder, excessive staff force, unsolicited mail, religious dress and diets, impermissible staff retaliation, cross-gender searches, and procedural due process. In addressing these constitutional questions, the U.S. Courts of Appeal created new law and/or applied clearly established law. Because the U.S. Supreme Court will only rarely g

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Atiyyat, Taha. "The Impact of Appeals on the Parliamentary Elections in Jordan." International Law Research 9, no. 1 (2020): 100. http://dx.doi.org/10.5539/ilr.v9n1p100.

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This paper investigates the impact of filing appeals on the parliamentary elections running the Hashemite Kingdom of Jordan. It, thus, aims to ensure free and fair elections governed by the justice and the transparency principles which pave the way for candidates and voters to appeal, if needed, during the parliamentary electoral process as considered one of the most important guarantees the legislator vouches for in the Election Law. In addition to the conclusion and recommendations, the study tackles the theme of parliamentary appeals from different perspectives: its definition and relation

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24

McCoog, Thomas M. "Recognising the archpriest: seeking clarification or fomenting schism?" British Catholic History 32, no. 4 (2015): 473–91. http://dx.doi.org/10.1017/bch.2015.17.

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AbstractRome’s decision to name an archpriest and to erect a highly irregular administrative structure, the archpresbyterate, surprised secular clergy and Jesuits who had advocated the establishment of bishops. Recent tension between Jesuits and secular clergy highlighted the need and importance of an hierarchical, ecclesiological office. But the appointment was made in such a way that some secular clergy questioned its legitimacy and authenticity. Until they ascertained that the decision had in fact been made by the pope, they withheld recognition of the archpriest. As they awaited a reply to

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Cochrane, Leanne. "DEVOLUTION AND DISCRIMINATION BETWEEN CITIZENS UNDER ARTICLE 14 ECHR: PRESERVING LOCAL PROVISION." Cambridge Law Journal 76, no. 3 (2017): 472–75. http://dx.doi.org/10.1017/s0008197317000708.

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Many women from Northern Ireland (NI) travel to England each year to pay for abortion services because of the limited availability of the service in NI. In R (on the application of A and B) (Appellants) v Secretary of State for Health (Respondent) [2017] UKSC 41; [2017] 1 W.L.R. 2492, the Supreme Court was asked whether it was unlawful for the Secretary of State for Health to have failed to make provision for abortion services free of charge under the National Health Service in England to women who are UK citizens usually resident in NI. The majority answered “no” and, on delivering the judgme

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Achala Bhargavi. R. "Chapter For 2-Day International Conference on Artificial Intelligence towards Fostering Sustainable Development in Business." Journal of Information Systems Engineering and Management 10, no. 27s (2025): 554–60. https://doi.org/10.52783/jisem.v10i27s.4444.

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In India, the cases related to administrative / government affairs are handled by the Central Administrative Tribunal and the respective State Administrative Tribunals. The study aims at understanding the reasons for case-pendency pertaining to service matters, like filing replies in prescribed forms / formats, laborious routines, wrong recording statements leading to misinterpretation of previous judgements, and so on, resulting in the indispensable and necessary intervention of Artificial Intelligence in preventing delays in judgements, thereby reducing the cost and time of the appellants as

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choi sungho. "Study on the trial procedure of an Indispensable Co-Litigation and the status of Non-appellants." Journal of hongik law review 13, no. 3 (2012): 329–59. http://dx.doi.org/10.16960/jhlr.13.3.201210.329.

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Jenkins, Siôn. "Miscarriages of Justice and the Discourse of Innocence: Perspectives from Appellants, Campaigners, Journalists, and Legal Practitioners." Journal of Law and Society 40, no. 3 (2013): 329–55. http://dx.doi.org/10.1111/j.1467-6478.2013.00629.x.

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29

Koilybayeva, R., М. Zhunisova, and G. Suleyeva. "COMMUNICATIVE CONTEXT AND ITS ROLE IN INTERPRETING FAMILY DISCOURSE." BULLETIN Series of Philological Sciences 74, no. 4 (2020): 102–7. http://dx.doi.org/10.51889/2020-1.1728-7804.21.

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Article describes the theoretical model of the contexts. An important role in the interpretation of discourse plays the communicative context in its broad understanding, indicating the statuses and roles of communicants, the peculiarities of their relationships, place, time, and topic of dialogue. It is not possible to evaluate the purpose of communication, its functional feature without exploring the context of discourse. A context is a piece of text that includes a unit selected for analysis that is necessary and sufficient to determine this unit. The non-apellative part of the speech act an

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Koilybayeva, R., М. Zhunisova, and G. Suleyeva. "COMMUNICATIVE CONTEXT AND ITS ROLE IN INTERPRETING FAMILY DISCOURSE." BULLETIN Series of Philological Sciences 74, no. 4 (2020): 102–7. http://dx.doi.org/10.51889/2020-4.1728-7804.21.

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Article describes the theoretical model of the contexts. An important role in the interpretation of discourse plays the communicative context in its broad understanding, indicating the statuses and roles of communicants, the peculiarities of their relationships, place, time, and topic of dialogue. It is not possible to evaluate the purpose of communication, its functional feature without exploring the context of discourse. A context is a piece of text that includes a unit selected for analysis that is necessary and sufficient to determine this unit. The non-apellative part of the speech act an

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Polak, Katherine. "Recent Developments in Health Law: ERISA: Subrogation, Sereboff, and the “Make Whole” Doctrine: The D.C. Circuit Defines Ambiguity in ERISA Subrogation Clauses—Moore v. Capital Care, Inc." Journal of Law, Medicine & Ethics 34, no. 4 (2006): 828–31. http://dx.doi.org/10.1111/j.1748-720x.2006.00105.x.

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On August 29, 2006, the United States Court of Appeals for the District of Columbia Circuit held that an injured ERISA plan beneficiary need not be “made whole” by any injury-related recovery from a third party in order for her ERISA plan to assert subrogation or reimbursement rights if the plan's terms either 1) “unambiguously establish a plan priority” to any funds a beneficiary recovers from a third party, or 2) are reasonably interpreted to establish such a priority by an ERISA plan fiduciary clearly authorized to do so.In 1991, appellants William and Judith Moore (the Moores) purchased an

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Sainsbury, Roy. "Whatever happened to the reform of decision making and appeals?" Benefits: A Journal of Poverty and Social Justice 12, no. 1 (2004): 8–12. http://dx.doi.org/10.51952/jqtz6356.

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The latest reform of social security decision making and appeal arrangements took place over the period 1997 to 1999 through a combination of primary legislation, new regulations and internal administrative changes. The aims of the reforms were to improve the processes for decisions and appeals, to produce a less complex, more accurate and cost-effective system for making and changing decisions, and to preserve claimants’ rights to an independent review of decisions in appropriate cases. This article looks at the evidence base for evaluating the effects of the reforms and for assessing whether

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Ziebarth, Dan. "ClientEarth v Secretary of State: Considering Judicial Implications in Relation to Emissions Target Rules in the United Kingdom." Environmental Law Review 24, no. 1 (2022): 45–51. http://dx.doi.org/10.1177/14614529211073040.

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This analysis considers the case of R (on the application of ClientEarth) v Secretary of State for Business, Energy and Industrial Strategy and another. The piece will begin by providing an overview of the case background. It will then provide more detailed discussion of the ruling. Finally, analysis of the significance of the case and the subsequent ruling will follow. Specifically, it will point towards three important implications resulting from the ruling. The first implication concerns the reflection of the rising visibility of cases relating to emissions targets being brought to court in

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Waelkens, Johanna. "Belgian Perspective on Rainy Sky S.A. and Others (Appellants) v. Kookmin Bank (Respondent)." European Review of Private Law 21, Issue 5/6 (2013): 1319–57. http://dx.doi.org/10.54648/erpl2013079.

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Abstract: In Belgian law, a subjective interpretation of contracts prevails: the common intention of the parties is the vital criterion that governs the construction of agreements. In England the system is more objective, which means the meaning which the document would convey to a reasonable person predominates in matters of contractual interpretation. However, an in-depth analysis of the case Rainy Sky S. A. and others v. Kookmin Bank shows that, in practice, the two systems are more alike than might seem at first sight.

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Pasini, Caterina. "Volontaria giurisdizione e interessi in conflitto: il caso della nomina del guardiano di un trust." Trusts, no. 3 (June 1, 2022): 543–51. http://dx.doi.org/10.35948/1590-5586/2022.125.

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Tesi Il Tribunale ha ritenuto inammissibile un ricorso per la nomina del guardiano previsto nell’atto istitutivo del trust proposto da (alcuni dei) beneficiari di un trust, poiché intrapreso con le forme della volontaria giurisdizione invece che con quelle proprie del giudizio contenzioso. L’autore osserva che la giurisdizione volontaria ammette l’esistenza di soggetti controinteressati e che le forme contenziose mal si adattano a procedimenti per la nomina di soggetti del trust. The author’s view The Court found inadmissible an appeal for the appointment of the protector brought by some of th

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CHIRCALAN, Ionut. "UNITY IN DIVERSITY – ANTI-ORIGENISTIC EVIDENCE IN THE CORPUS AREOPAGITICUM." International Multidisciplinary Scientific Conference on the Dialogue between Sciences & Arts, Religion & Education 4, no. 1 (2020): 76–84. http://dx.doi.org/10.26520/mcdsare.2020.4.76-84.

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Corpus Dionysiacum’s allegiance to the Origenist camp is a new research track in the unceasing effort of the scholars to discover its mysterious author. This approach has already provoked a heated debate between its supporters and appellants, each party claiming to possess indisputable evidence on its side. Unfortunately, this is nothing unusual in our times to see Corpus Dionysiacum associated with the nonChristian philosophy or with heresies, although the Fathers of the Church have reiterated constantly the Orthodoxy of these pieces of writings. For a long time ago (since the Reformation) it

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Kegge, Rogier. "The precautionary principle and the burden and standard of proof in European and Dutch environmental law." Review of European Administrative Law 13, no. 2 (2020): 113–31. http://dx.doi.org/10.7590/187479820x15930701852274.

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This article offers an analysis of the application of the precautionary principle by European courts and the highest Dutch administrative courts in environmental cases. The precautionary principle is one of the leading principles in EU environmental law, but it has no unequivocal meaning. This makes the principle difficult to apply and the allocation of the burden of proof and the level of standard of proof complex matters. In the context of the allocation of the burden of proof, it is essential to make the distinction between the precautionary principle invoked as an obligation or a justifica

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Ebrahim, Shamier. "The Right to Housing: Challenges Associated with the ‘Waiting List System’ Ekurhuleni Metropolitan Municipality V Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)." Southern African Public Law 30, no. 1 (2017): 112–21. http://dx.doi.org/10.25159/2522-6800/3531.

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The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective wai

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Sloth-Nielsen, Julia. "Sideswipes and Backhanders: Abolition of the Reasonable Chastisement Defence in South Africa." International Journal of Law, Policy and the Family 34, no. 2 (2020): 191–203. http://dx.doi.org/10.1093/lawfam/ebaa005.

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Abstract This article reviews the abolition of the defence of reasonable chastisement by the South African Constitutional Court on the grounds that it infringes the Constitution. After detailing the history of the abolition of corporal punishment in a democracy with the Constitution as supreme law, the article dissects the reasoning of the Constitutional Court. It argues that judgment in Freedom of Religion South Africa v Minister of Justice and Constitutional Development (hereafter FORSA), whilst overall positive in its result, is probably a low water mark in the development of children’s rig

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Amy, choeffel. "Medicaid & Medicare: D.C. Appellate Court Denies Claim for Medicare Reimbursement of GME Cost." Journal of Law, Medicine & Ethics 27, no. 2 (1999): 205. http://dx.doi.org/10.1017/s1073110500012997.

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The U.S. Court of Appeals for the District of Columbia upheld, in Presbyterian Medical Center of the University of Pennsylvania Health System v. Shalala, 170 F.3d 1146 (D.C. Cir. 1999), a federal district court ruling granting summary judgment to the Department of Health and Human Services (DHHS) in a case in which Presbyterian Medical Center (PMC) challenged Medicare's requirement of contemporaneous documentation of $828,000 in graduate medical education (GME) expenses prior to increasing reimbursement amounts. DHHS Secretary Donna Shalala denied PMC's request for reimbursement for increased

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Muhammad, Omar. "Abu Hurairah (may Allah be Pleased with him) and the Accusation for his Narration of the Israʼiliyyat". Islamic Sciences Journal 12, № 2 (2023): 276–97. http://dx.doi.org/10.25130/jis.21.12.2.12.

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The enemies of Islam, in the past and present, used to direct their accusations against our great Islamic religion, using various methods and ways to question the validity of the Prophet’s Sunnah and to challenge its narrators. This research came to respond to the appellants and skeptics of the Islam's narrator the great companion of the Prophet Abu-Huraira (may Allah be pleased with him) and refute their fabrications and accusations against him that he took knowledge from Judaism and Christianity through his narration of the Israʼiliyyat. For Ka`b Al-Ahbar, Basrah Al-Ghafari, and Abdullah bin

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Wald, Martin. "Committee of United States Citizens Living in Nicaragua v. Reagan." American Journal of International Law 83, no. 2 (1989): 380–84. http://dx.doi.org/10.2307/2202755.

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Appellants sued President Reagan and other executive branch officials in the U.S. district court to enjoin U.S. military aid to the Nicaraguán resistance forces (contras), alleging that the aid violated the Fifth Amendment to the Constitution, the United Nations Charter and customary international law. The district court, in an unpublished opinion, dismissed the complaint as presenting nonjusticiable political questions. The Court of Appeals for the District of Columbia Circuit (per Mikva, J.), affirming the dismissal on different grounds, held that (1) the trial court’s blanket invocation of

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Gray, Wayne D. "Personal Tax Planning: Due Diligence Defence to Liability for Unpaid Statutory Remittances." Canadian Tax Journal/Revue fiscale canadienne 68, no. 1 (2020): 281–312. http://dx.doi.org/10.32721/ctj.2020.68.1.ptp.

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Several potentially onerous liabilities may be imposed on directors outside the provisions of the statute under which their corporation is incorporated or continued. In particular, some of the most common sources of personal liability for directors arise under statutes requiring the corporation to pay employee payroll source deductions (income tax, Canada Pension Plan contributions, and employment insurance premiums), withholding taxes owing by non-residents of Canada, and net goods and services tax and harmonized sales tax remittances. These statutory regimes all have certain features in comm

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Sooksripaisarnkit, Poomintr. "Marine insurance – collateral lies: when lies are not fraud." Maritime Business Review 2, no. 1 (2017): 52–56. http://dx.doi.org/10.1108/mabr-09-2016-0020.

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Purpose The purpose of this study is to review the reasoning of the judgment of the United Kingdom Supreme Court in Versloot Dredging BV and another (Appellants) v. HDI Gerling Industrie Versichering AG and Others (Respondents) [2016] UKSC 45 in finding that there is no remedy or sanction for the use of fraudulent devices (so-called “collateral lies”) in insurance claims and to consider potential implications for underwriters. Design/methodology/approach The methodology is a typical case law analysis starting from case facts and the reasoning with short comments on legal implications. Findings

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Bell, Joanna. "THE PRIVY COUNCIL AND THE DOCTRINE OF LEGITIMATE EXPECTATIONS MEET AGAIN." Cambridge Law Journal 75, no. 3 (2016): 449–52. http://dx.doi.org/10.1017/s0008197316000684.

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UNITED Policyholder Group v Attorney General for Trinidad and Tobago [2016] UKPC 17 provided the Privy Council with its second opportunity in recent years to consider the doctrine of legitimate expectations (the first being Paponette v Attorney General of Trinidad and Tobago [2010] UKPC 32; [2012] 1 A.C. 1). The appellants were a group of individuals who held policies in a company known as the Colonial Life Insurance Company (CLICO). On learning in 2009 that CLICO was in serious financial difficulty, the then Government of Trinidad and Tobago had publicly issued a number of assurances to the e

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Lens, Vicki. "Contesting the Bureaucracy." Social & Legal Studies 20, no. 4 (2011): 421–39. http://dx.doi.org/10.1177/0964663911417748.

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This article explores citizens’ use of administrative hearings to appeal adverse government decisions about their welfare benefits. It draws on interviews with 79 welfare participants and observations of hearings and interviews with administrative law judges in a state in the United States to understand what hearings, and the act of appealing, mean to citizens. I find that beyond individual redress, participants view appealing as an opportunity to expose and repair social injuries and to renegotiate social relationships, social identities and their status as citizens. Their ability to rehabili

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Germain, René H., and Donald W. Floyd. "Developing Resource-Based Social Conflict Models for Assessing the Utility of Negotiation in Conflict Resolution." Forest Science 45, no. 3 (1999): 394–406. http://dx.doi.org/10.1093/forestscience/45.3.394.

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Abstract Social conflicts over the management of natural resources are increasing. An informative example of these conflicts is the debate over the management of our national forests. Despite sincere efforts by the USDA Forest Service to improve modes of public involvement, as well as the institutionalization of dispute resolution procedures, the contentiousness and frequency of conflict continues to escalate. This is manifest in the high number of administrative appeals on forest plans and projects. The study used a nation-wide survey of 238 appellants (response rate of 75%) of Forest Service

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Tew, J. "Siemens AG and others v Commission (Gas Insulated Switchgear): the Difficulties Faced by Appellants Seeking to Challenge Leniency Evidence." Journal of European Competition Law & Practice 5, no. 5 (2014): 273–75. http://dx.doi.org/10.1093/jeclap/lpu031.

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Watney, Murdoch. "Regspraak: Appeal will not remedy a guilty plea presented for the wrong reasons." Tydskrif vir die Suid-Afrikaanse Reg 2024, no. 2 (2024): 367–73. http://dx.doi.org/10.47348/tsar/2024/i2a11.

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Met aankoms op die Hosea Kutako Internasionale Lughawe in Windhoek, Namibië verskaf twee senior advokate van die Johannesburg balie vals inligting aan die immigrasiepersoneel van die buurland oor die rede vir hul besoek aan die land. Die eerste appellant het aangedui dat hy die land wil binnekom vir ’n besoek, terwyl die tweede appellant aangedui het dat hy ’n vergadering kom bywoon. Beide se oogmerk was egter om Namibiese kliënte in ’n borgaansoek in die landdroshof te verteenwoordig. Op grond van hul mededelings is besoekerspermitte aan beide uitgereik. Beide appellante is die volgende dag b

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Palmer, Stephanie. "THE “BENEFIT CAP” SCHEME AND THE UN CONVENTION ON THE RIGHTS OF THE CHILD." Cambridge Law Journal 75, no. 1 (2016): 34–37. http://dx.doi.org/10.1017/s0008197316000192.

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THE appeal in R. (on the application of SG) (previously JS) v Secretary of State for Work and Pensions (Child Poverty Action Group and another intervening) [2015] UKSC 16 concerned a challenge to the cap on welfare benefits, one of the measures introduced as part of the Government's austerity-driven economic and social policy. The “benefit cap” operates to limit the amount of welfare benefits that can be received by non-working households, to the equivalent net median earnings of a working household. The Welfare Reform Act 2012 contains provisions allowing the Secretary of State to make regula

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