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Journal articles on the topic 'Appellate district'

Author: Grafiati

Published: 4 June 2021

Last updated: 29 July 2025

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1

Levyk, Yaroslav. "СТРУКТУРНО-ОРГАНІЗАЦІЙНА ХАРАКТЕРИСТИКА СУДІВ ЛЬВІВСЬКОГО АПЕЛЯЦІЙНОГО ОКРУГУ НАПЕРЕДОДНІ ДРУГОЇ СВІТОВОЇ ВІЙНИ". Visnyk of the Lviv University. Series Law, № 78 (20 червня 2024): 89–98. http://dx.doi.org/10.30970/vla.2024.78.089.

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The research aims to reveal and study the transformational process of the Polish judicial system in a historical context, focusing on the Lviv Court of Appeal, district and city courts of the Lviv Appellate District in the period between the First and Second World Wars (1919-1939). Analyzing this period, we will consider the influence of key historical, political, social and legal factors on the structure and functioning of the judicial system. The specificity of the interwar period was determined by political instability, changes in power, and territorial negotiations. In this context, the re

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Wang, Xiao. "From the Bird’s Eye." Federal Sentencing Reporter 33, no. 4 (2021): 221–28. http://dx.doi.org/10.1525/fsr.2021.33.4.221.

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Criminal sentences are rarely reversed for being too long. Of the approximately one million federal sentences imposed in the past fifteen years, appellate courts have only held about two dozen substantively unreasonable. Judges have, even in public statements, described substantive reasonableness review as “functionally nonexistent” and “a waste of time.” Against this backdrop, three decisions from the Sixth Circuit published within the last year are nothing short of remarkable. In each case, the panel concluded that the district court, despite following standard processes and procedures, had

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Tobias, Carl. "Confirm Judge Irma Carrillo Ramirez to the Fifth Circuit." SMU Law Review Forum 76, no. 1 (2023): 150. http://dx.doi.org/10.25172/slrf.76.1.7.

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The United States Senate must expeditiously confirm United States District Court for the Northern District of Texas Magistrate Judge Irma Carrillo Ramirez, who has definitely earned appointment to the United States Court of Appeals for the Fifth Circuit and will become the appellate court’s initial Latina member. This regional circuit effectively resolves substantial appeals, enjoys a large judicial complement, and certainly possesses a reputation as the nation’s most conservative appellate court. Ramirez, whom President Joe Biden nominated in mid-April, decidedly provides remarkable gender, e

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Nzunda, Matembo. "Criminal Law in Internal Conflict of Laws in Malaŵi." Journal of African Law 29, no. 2 (1985): 129–46. http://dx.doi.org/10.1017/s0021855300006641.

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Malaŵi has two sets of courts which run completely parallel to each other. One set forms the Judicial Branch of the Government and consists of magistrates’ courts (which have original civil and criminal jurisdiction only), the High Court (which has unlimited original and appellate civil and criminal jurisdiction) and the Supreme Court of Appeal (which has original criminal jurisdiction for contempt of court but otherwise has appellate civil and criminal jurisdiction). The Supreme Court of Appeal is a final appellate court in this set of courts. These courts are here called Received Courts beca

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Olson, Michael P., and Albert H. Rivero. "Appellate Court Influence over District Courts in the United States." Journal of Political Institutions and Political Economy 3, no. 2 (2022): 183–213. http://dx.doi.org/10.1561/113.00000057.

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Olivero, J. Michael, and James B. Roberts. "Jail Suicide and Legal Redress." Suicide and Life-Threatening Behavior 20, no. 2 (1990): 138–47. http://dx.doi.org/10.1111/j.1943-278x.1990.tb00096.x.

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ABSTRACT: Suicide is the leading cause of death in jails. Especially at risk are pretrial detainees. This paper provides clinicians who serve as consultants to jails with an overview of legal precedent concerning liability for jail suicide on the federal appellate, federal district, and state levels. Liability on the federal level is based upon actions involving deliberate indifference or gross negligence. A table is provided granting a summary view of appellate‐level decisions on liability for jail suicide. Liability on the state level involves lesser standards of negligence. The paper conclu

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Carrigan, Martin D. "The Patient Protection And Affordable Care Act Of 2010: Constitutional?" American Journal of Health Sciences (AJHS) 3, no. 1 (2011): 75–82. http://dx.doi.org/10.19030/ajhs.v3i1.6756.

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After decades of debates and policy discussions, in early 2010, the Obama Administration, with the Democrat party controlling both the House and the Senate, passed a National Health Insurance Act. The Patient Protection and Affordability Act was immediately challenged in court. One district court in Florida declared it unconstitutional. Two other district courts and an appellate court declared it constitutional. This paper looks at the Act and those issues.

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Solimine, Michael. "The Three-Judge District Court in Voting Rights Litigation." University of Michigan Journal of Law Reform, no. 30.1 (2025): 79. https://doi.org/10.36646/mjlr.30.1.three-judge.

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In recent Terms the Supreme Court has heard numerous appeals from the decisions of three-judge district courts in controversial Voting Rights Act cases as well as in challenges to congressional districts designed allegedly to facilitate the election of members of minority groups. Although the cases themselves have been followed closely, the institution of the three-judge district court itself has received relatively little attention, even though Congress passed legislation in 1976 that restricted the three-judge court's jurisdiction to reapportionment and certain Voting Rights Act cases. In th

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BENNETT, KATHERINE, and ROLANDO V. DEL CARMEN. "A Review and Analysis of Prison Litigation Reform Act Court Decisions: Solution or Aggravation?" Prison Journal 77, no. 4 (1997): 405–55. http://dx.doi.org/10.1177/0032855597077004004.

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On April 26, 1996, Congress enacted landmark legislation aimed at curtailing meritless inmate litigation and restricting remedies for prison condition lawsuits. This legislation, the Prison Litigation Reform Act (PLRA), is briefly summarized in this article. Five areas of constitutional challenges to the PLRA at the appellate and district court level are reviewed. Eleven legal issues raised by the PLRA are inconsistent decisions among circuit and district courts, particularly in the areas of separation of powers and due process violations.

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King, Sandra Leigh. "Failure to Launch: How the Delinquent Politics and Policies of the Texas Legislature Have Failed to Remedy Texas’s Antiquated Judicial System and How Voters Have Accepted the Status Quo for Far Too Long." Texas Wesleyan Law Review 16, no. 3 (2010): 369–412. http://dx.doi.org/10.37419/twlr.v16.i3.2.

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Several scholars, most notably judges, have called for judicial reform in the selection process of appellate and supreme court justices in Texas. However, not much attention has been placed on the selection process of Texas trial court judges. This Article focuses on the genealogy of district courts in Texas, with an emphasis on Texas's family court system, an area of the law that decides the fate of thousands of children who, for the most part, are unable to speak for themselves and that comprises a majority of civil cases within the state of Texas. As the majority of family court cases are d

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Kleandrov, Mikhail I. "About non-federal justice Part II. World justice: the need to change the vector of legislative regulation." Gosudarstvo i pravo, no. 9 (2023): 73. http://dx.doi.org/10.31857/s102694520027640-5.

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This article is the second in a series of author&apos;s articles devoted to the mechanism of non-federal justice . According to the author, after the adoption of the Federal Law “On magistrates in the Russian Federation” in 1998, almost all 23 amendments and additions to it led to the federalization of the Justice of the peace. The author suggests returning to its origins, roots, traditions – the time of the Judicial reform of the Russian Empire in 1864, when the world justice system was first created – based on a soundly developed legislative foundation. It is proposed to change the curre

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York, Kenneth M. "A policy capturing analysis of federal district and appellate court sexual harassment cases." Employee Responsibilities and Rights Journal 5, no. 2 (1992): 173–84. http://dx.doi.org/10.1007/bf01384735.

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Heller, Thomas Allan. "If at First You do Not Succeed: An Overview of Remedies Available in the United States Courts of Appeals." LeXonomica 14, no. 1 (2022): 97–126. http://dx.doi.org/10.18690/lexonomica.14.1.97-126.2022.

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In the United States federal court system, from a procedural standpoint, it has been the historic policy that appeals to the Courts of Appeal lie only from final decisions by the district courts. This policy, dubbed the final judgment rule, is designed to prevent a piecemeal approach to appellate practice, and to enhance efficiency and fairness. Applied overly strictly, the rule can often lead to unfair results, and even irreparable harm. This article catalogues the primary exceptions to the final judgment rule, and discusses those instances when interlocutory appeals may be taken short of dis

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Kovalchuk, I. V. "Features of exercise of control by regional courts in Halichina in the field of judiciary (1855-1918)." Uzhhorod National University Herald. Series: Law 1, no. 80 (2024): 38–45. http://dx.doi.org/10.24144/2307-3322.2023.80.1.5.

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The article analyzes the peculiarities of control by regional courts in Galicia in the field of judicial proceedings (1855–1918). It is noted that as a result of the reform of the Austrian judiciary in the middle of the 19th century. a three-level judicial system was created: district, district (regional), higher regional courts. Special attention is focused on the characteristics of the historical experience of control by regional courts in Galicia in the field of judicial proceedings. in the studied period. It is noted that regional courts in Galicia were entrusted with the function of contr

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Żółtek, Sławomir. "Glosa do postanowienia Sądu Najwyższego z dnia 30 września 2015 r., I KZP 9/15." Studia Iuridica 69 (September 11, 2017): 9–20. http://dx.doi.org/10.5604/01.3001.0010.4180.

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Author approves in the commentary to the judgment the position taken by the Supreme Court of Poland in the decision of 30 September 2015, I KZP 9/15. The Supreme Court considered the problem of composition of the District Court – Labour and Social Security Court adjudicating on an appeal against the judgment of the National Disciplinary Court of the National Chamber of Auditors. As argued in the commentary, the District Court does not instigate disciplinary proceedings from the beginning but continues it as an appellate body. The main disciplinary proceedings are held before the National Disci

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Wilkinson, Erika. "Recent Developments in Health Law: Constitutional Law: Despite Reservations, the Second Circuit Defers to State Court's Determination That a Preponderance of the Evidence Standard is Constitutional for Recommitment of NRRMDD Defendants – Ernst J. v. Stonea." Journal of Law, Medicine & Ethics 34, no. 4 (2006): 826–28. http://dx.doi.org/10.1111/j.1748-720x.2006.00104.x.

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The United States Court of Appeals for the Second Circuit recently upheld United States District Court for the Eastern District of New York Judge's denial of petitioner's application for a writ of habeas corpus. The Court held that it was not objectively unreasonable for the Appellate Division to conclude, in light of clearly established federal law as expressed by the Supreme Court of the United States, that a New York statute providing for the recommitment of specific defendants who plead not responsible by reason of mental disease or defect (NRRMDD) under a mere “preponderance of the eviden

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King, Nancy J. "Non-Capital Habeas Cases after Appellate Review: An Empirical Analysis." Federal Sentencing Reporter 24, no. 4 (2012): 308–20. http://dx.doi.org/10.1525/fsr.2012.24.4.308.

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In 2007, researchers from the National Center for State Courts and Vanderbilt University Law School reported the findings from a study of litigation in 2384 randomly selected, non-capital habeas cases, approximately 6.5% of the non-capital habeas cases commenced in federal district courts in 2003 and 2004 by state prisoners. In this article, I update that report, including the cases that were pending when the 2007 report was prepared, following the study cases into the federal courts of appeals, and back into the state courts. Even after appellate review of denials and dismissals, the percenta

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Yudistiara, Danti, and Budi Santoso. "BASIS OF JUDES AT THE LEVELAGAINST THE PERSONNEL OF THE CRIMINAL ACTION OF RAPE UNDER THE AGE OF CHILDREN CONTINOUSLY." PRANATA HUKUM 18, no. 1 (2023): 44–51. https://doi.org/10.36448/pranatahukum.v18i1.278.

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There is an appeal filed by the Public Prosecutor against the decision of the Blambangan Umpu District Court Number: 81/Pid.Sus/2021/PN Bbu, Decision regarding the criminal act of rape which was carried out continuously with underage victims. The decision of the Blambangan Umpu District Court was carried out as a continuation of the submission of a letter of cassation from the Way Kanan District Attorney who felt that he did not fulfill the value of justice in passing a decision on the period of detention to investigators . defendant. In this article, what will be discussed is: what are the fa

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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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Songer, Donald R. "Nonpublication in the United States District Courts: Official Criteria Versus Inferences from Appellate Review." Journal of Politics 50, no. 1 (1988): 206–15. http://dx.doi.org/10.2307/2131049.

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21

Giladi, Rotem M. "The Practice and Case Law of Israel in Matters Related to International Law." Israel Law Review 31, no. 4 (1997): 803–53. http://dx.doi.org/10.1017/s002122370001551x.

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The case of the Canadian ambassador's residence has been the subject of several court decisions at various instances in Israel. These decisions (as well as others relating to the doctrine of sovereign immunity) have been reviewed in former issues of this section. On June 3, 1997, the Supreme Court, in its appellate jurisdiction, gave its judgment in this case and delineated the application of the international law doctrine of sovereign immunity in Israeli law. In a different case decided on the last day of 1996, the Tel-Aviv District Court was required to rule on the applicability of this doct

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22

Sikorski, Aleksander. "Przymus adwokacko-radcowski w postępowaniu karnym." Nowa Kodyfikacja Prawa Karnego 41 (October 19, 2017): 93–113. http://dx.doi.org/10.19195/2084-5065.41.6.

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The institution of coercion advocate in criminal proceedingsThe aim of the article is to discuss the institution of an advocate in criminal proceedings. It occurs in the event of an indictment by a subsidiary of the victim, as well as for the preparation and signing of an appeal against the judgment of the district court, moreover, in the case of appeal from a final judgment of the Supreme Court and in the case of an application for reopening of the criminal proceedings, and also in the case of a complaint to the judgment of the appellate court.

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23

Wahl, Jenny B. "American Slavery and the Path of the Law." Social Science History 20, no. 2 (1996): 281–316. http://dx.doi.org/10.1017/s0145553200021635.

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There is some soul of goodness in things evil,Would men observingly distill it out.— Shakespeare,Henry VFederal and state appellate court reporters for the 15 American slave states and the District of Columbia contain nearly 11,000 cases concerning slaves. In deciding these cases, southern judges formulated doctrines that would later become commonplace in other disputes. In fact, the common law of slavery, whether it concerned the sale, hiring, or accidental injury of a slave, looks far more like modern-day law than like antebellum law. Slave law, in many ways, helped blaze the path of America

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24

Olijnyk, Yurij. "Procedure for consideration of cases in the Court of Appeal of Lviv (1919–1939s)." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 77–83. http://dx.doi.org/10.36695/2219-5521.2.2020.13.

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The acquisition of the Polish independence state in November 1918 was a decisive condition for the establishment and developmentof the Polish judicial system and legal proceedings. It is noted that the functioning of the institution of the judiciary in Polanddirectly depended on legal traditions, social changes, the level of legal culture and the influence of the legislation of the countries thatat one time participated in the division of the Second Commonwealth of Poland. The restored Polish state from the very first days of its existence began the activities aimed at the formation of judicia

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Abdulvaliev, Almaz Firzyarovich. "A geographical approach to determining the accessibility of justice in criminal cases (using the example of the district courts of general jurisdiction of the Yamalo-Nenets Autonomous Okrug)." Юридические исследования, no. 3 (March 2025): 59–75. https://doi.org/10.25136/2409-7136.2025.3.73164.

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The article is devoted to the study of the geographical accessibility of courts of general jurisdiction in a number of regions of the Russian Federation. The object of the study was the district courts of general jurisdiction located in the district of the Yamalo-Nenets Autonomous Okrug, as well as public relations in the field of criminal procedure, affecting the activities of participants in criminal proceedings during the criminal cases proceedings. The subject of the study includes the remoteness of district courts of general jurisdiction from executive authorities, transport hubs (and the

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Surendranath, Anup, and Maulshree Pathak. "Legislative Expansion and Judicial Confusion: Uncertain Trajectories of the Death Penalty in India." International Journal for Crime, Justice and Social Democracy 11, no. 3 (2022): 67–78. http://dx.doi.org/10.5204/ijcjsd.2477.

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The numbers and the politics of the death penalty in India tell very different stories, presenting complicated narratives for its future. The public reaction to instances of sexual violence and other offences over the last decade and the consequent political response has significantly strengthened the retention and expansion of the death penalty. This is reflected from the fact that that of all the death sentences that district courts impose, only about 5 per cent get confirmed in India’s appellate system. However, does this mean there is growing scepticism about the death penalty in the Supre

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Lailatul Khofifa, Eliana, and Trinah Asi Islami. "Analisis Yuridis Penyelesaian Perkara Gugatan Murabahah Di Pengadilan Agama Kota Kediri (Studi Putusan Tingkat Pertama No.0176/Pdt.G/2020/Pa.Kdr Dan Putusan Banding No.487/Pdt.G/2020/Pta.Sby)." YUSTISIA MERDEKA : Jurnal Ilmiah Hukum 8, no. 2 (2022): 43–47. http://dx.doi.org/10.33319/yume.v8i2.180.

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This study intends to examine problems related to the Ratio of Judges at the First Level Court of the Religious Courts of Kediri City with the Appellate Panel of Judges in the Murabahah Lawsuit case based on Decision No.0176/Pdt.G/2020/PA.Kdr and the Decision No.487/Pdt.G/2020/PTA.Sby and to find out the legal remedies for the settlement of the Murabahah lawsuit N.0176/Pdt.G/2020/PA.Kdr in creating legal goals for the plaintiff. In writing this study using library research because it uses library materials as the main data source. The results of the study show that the decision of the case No.

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Kirby, Jennifer. "Sourcing Unlimited, Inc. v. Asimco Int’l, Inc.: Appellate Jurisdiction and Equitable Estoppel." Journal of International Arbitration 26, Issue 1 (2009): 149–58. http://dx.doi.org/10.54648/joia2009007.

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In Sourcing Unlimited, Inc. v. Asimco Int’l, Inc., the United States Court of Appeals for the First Circuit reverses a district court decision denying defendants’ motion to compel arbitration. In doing so, the court addresses two key issues. First, the court analyzes, as a matter of first impression, whether it has jurisdiction to hear an interlocutory appeal from an order denying a motion to compel arbitration of an international commercial dispute, where the appeal is brought by a party that did not sign the agreement containing the arbitration clause. Second, the court addresses the circums

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Tobias, Carl. "Filling the Red State Federal Judicial Vacancies." Texas A&M Law Review 12, no. 1 (2024): 1–19. http://dx.doi.org/10.37419/lr.v12.arg.1.

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District vacancies without nominees that plague red jurisdictions deserve emphasis in this Essay for several reasons. First, there are myriad district court jurists who trigger greater numbers of empty posts when they assume senior status, retire, or die, which triggers more issues. Legislators have created 677 active trial court positions, which dwarf the 179 active court of appeals judicial posts. The trial courts are tribunals of last resort for most cases; their numerous jurists are the only court members that many litigants encounter, and significantly more district court openings lack no

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Mak, Maxwell, and Andrew H. Sidman. "Separate Opinion Writing Under Mandatory Appellate Jurisdiction: Three‐Judge District Court Panels and the Voting Rights Act." Journal of Empirical Legal Studies 17, no. 1 (2020): 116–38. http://dx.doi.org/10.1111/jels.12244.

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Ryu, Shiwon. "Transformative Use under Test in Andy Warhol Foundation v. Goldsmith." Korea Copyright Commission 140 (December 31, 2022): 5–50. http://dx.doi.org/10.30582/kdps.2022.35.4.5.

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We met only a few cases that assessed fair use over ten years since fair use clause were introduced to our copyright act. Therefore, a pile of U.S. fair use cases that have accumulated in the fields of art and technology can be good reference to interpreting our fair use clause. The concept of transformative use bears a significant role in fair use analysis of U.S. case law. The U.S. Supreme Court defines the transformative use as adding new purpose or character to the original works by changing its “expression, meaning or messages”, and accepted the fair use defense in Campbell and Google mai

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Sörman, Karolina, Jennifer Cox, Charlotte Eklund Rimsten, et al. "Perceptions of Mental Health Conditions in Criminal Cases: A Survey Study Involving Swedish Lay Judges." Criminal Justice and Behavior 47, no. 6 (2020): 688–711. http://dx.doi.org/10.1177/0093854820910774.

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Perceptions of mental health conditions influence how individuals with psychiatric diagnoses are treated within the community, in the legal system, and at different institutions. We examined perceptions of mental health conditions among lay judges ( N = 643), working at district and appellate courts throughout Sweden. Participants read a web-based survey including a crime vignette in which the person charged with a crime was described as having schizophrenia ( n = 186), antisocial personality disorder (ASPD) with psychopathic traits ( n = 219), or intellectual disability ( n = 238). Participan

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Bae, Byung Ho. "Comments on the Adoption of Discretionary Preemption in Patent Prosecution." Korean Administrative Law Association 25 (September 30, 2023): 135–57. http://dx.doi.org/10.59826/kdps.2023.25.135.

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As the world's fourth-largest patent applicant country, the value of intellectual property rights has been emphasized, and disputes are increasing and the relevant legal system is changing. The system for resolving such disputes is based on a two-pronged structure of patent prosecution and patent infringement litigation, in which necessary preemption is largely applied depending on the type of dispute. First of all, in the case of patent law, disputes over patent applications and their examination procedures are basically only subject to patent examination by patent judges as a special f

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Sudrajat, Hendra. "Kewenangan Mahkamah Konstitusi Mengadili Perselisihan Hasil Pemilukada." Jurnal Konstitusi 7, no. 4 (2016): 159. http://dx.doi.org/10.31078/jk748.

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This letters have a purpose to know and analyze authority basic of Constitution Lawcourt of Republic of Indonesia to judging the dispute from the results of district leader and district proxy leader election, and then transferring background about the authority to judging the dispute from the Results of District Leader and District Proxy Leader Election from Appellate Court to Constitution Lawcourt of Republic of Indonesia. So, to analyze basic of Constitution Lawcourt consideration that dispute objects of results of district leader and district proxy leader election don’t have the quantitativ

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Morawska, Sylwia, and Przemysław Banasik. "Responsible court in the global world – managerism or managerialism." Oeconomia Copernicana 6, no. 4 (2015): 29. http://dx.doi.org/10.12775/oec.2015.027.

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One can look at the improvement of the effectiveness and efficiency of the justice system from three perspectives: macro, mezo, and micro. After all, the general goal is to enhance the effectiveness and efficiency of the justice system as a whole (the macro perspective), the courts (the mezo scale), and court proceedings (the micro scale). The need to improve the effectiveness and efficiency of the justice system was noticed in the Strategy of modernization of justice in Poland in the years 2014–2020 prepared by the Ministry of Justice incorporates the three abovementioned perspectives. From t

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Kolesnikova, M., and D. Shein. "The administrative-procedural component of banning a political party in Ukraine." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 340–43. http://dx.doi.org/10.24144/2788-6018.2023.01.55.

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The article is devoted to the study of the issue of the administrative-procedural component of the ban on political parties in Ukraine. The full-scale invasion of Russia became the point of extremum for intensifying measures to ensure the state and national security of Ukraine, including by disabling the activities of pro-Russian political forces. The practice of banning the functioning and activities of political parties is one of the mechanisms for protecting sovereignty and traditionally belongs to the toolkit of militant democracy. It was emphasized that the legal basis of the proced

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Santos, Mauricio Gomm Ferreira dos, and Mauricio Gomm Ferreira dos Santos. "The Miami Arbitration Report." Revista Brasileira de Arbitragem 8, Issue 29 (2011): 108–20. http://dx.doi.org/10.54648/rba2011005.

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ABSTRACT: In the final issue of MAR's inaugural year, we look at a collection of cases building on both recent trends and breaking new ground in the U.S. arbitration law. First, we review the Fifth Circuit's decision to stay away from compelling a party to pay its share of the arbitral costs and fees. In a down economy, the topic is particularly important. Second, we look at the effects of the sovereign immunity of the American Indian Tribes on an arbitration clause. It appears sovereign immunity can apply with equal force both domestically and internationally. Third, we go back to the Tenth C

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Minasyan, Edik. "On the Legal System of the First Republic of Armenia (1918–1920)." Iran and the Caucasus 28, no. 4-5 (2024): 413–19. http://dx.doi.org/10.1163/1573384x-02804005.

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Abstract This article examines the development of the judicial and legal systems in the First Republic of Armenia (1918–1920), highlighting key reforms and challenges. It explores the establishment of various courts, including conciliation, district, and appellate courts, as well as the introduction of a jury court and notarial activities. Despite progressive reforms aimed at democratizing the legal system, such as the creation of jury courts and the regulation of investigatory bodies, widespread malfeasance plagued state administration. Efforts to combat corruption through the establishment o

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Hoffmann, Philipp. "The “La Belle” Trial: The Sentencing of a Terrorist Bomber Under the German Penal Code." German Law Journal 6, no. 3 (2005): 667–87. http://dx.doi.org/10.1017/s2071832200013857.

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In June 2004, the Bundesgerichtshof (BGH – Federal Court of Justice) handed down a verdict in one of the longest trials involving terrorist criminal activities in German history. The so called “La Belle” case provided legal action resulting from the bombing of the discotheque “La Belle” in West Berlin in 1986, which, at the time, was attended mostly by American soldiers. The BGH had to review the ruling of the Berliner Landgericht (LG – District Court), where the trial started in November 1997. After 281 days of trial and 170 witnesses a guilty verdict was handed down by the Berliner LG, which

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Vernick, Jon S. "Carrying Guns in Public: Legal and Public Health Implications." Journal of Law, Medicine & Ethics 41, S1 (2013): 84–87. http://dx.doi.org/10.1111/jlme.12047.

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The Second Amendment to the U.S. Constitution states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Until recently, no federal appellate court had ever struck down any gun law as a violation of the Second Amendment. In fact, even laws outlawing most handgun possession, or restricting other types of firearms, had been upheld, in part, because the laws did not interfere with the functioning of state militias.Then, in 2008, the U.S. Supreme Court — for the first time in nearly 70 years — decided

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Tu, Pei-Chen, Shih-Wei Wu, and Ping-Hsun Chen. "Reasonable measures to protect software’s functionality as a trade secret in software licensing: a lesson from Turret Labs USA, Inc. v CargoSprint, LLC." Queen Mary Journal of Intellectual Property 14, no. 4 (2024): 477–91. https://doi.org/10.4337/qmjip.2024.04.06.

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In the United States, when a misappropriation case is brought in a federal district court, a plaintiff must allege enough facts in her complaint to indicate that the alleged trade secret satisfies the definition of ‘trade secret’. One element is the ‘reasonable measures’ requirement mandating a plaintiff to prove that he has taken reasonable measures to keep trade secret information secret. This article discusses an appellate court decision, Turret Labs USA, Inc. v CargoSprint, LLC, finding that the plaintiff’s trade secret did not satisfy the ‘reasonable measures’ requirement. This case is im

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Bowbeer, Hildy, Todd Cavanaugh, and Larry Stewart. "Timmy Tumble v. Cascade Bicycle Co.: A Hypothetical Case Under the Restatement (Third) Standard for Design Defect." University of Michigan Journal of Law Reform, no. 30.2.2.3 (2025): 511. https://doi.org/10.36646/mjlr.30.2.3.timmy.

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These briefs were written for a hypothetical design defect case. Bowbeer and Cavanaugh argue for, and Stewart argues against, the adoption of the Restatement (Third)'s reasonable alternative design standard and the rejection of the Restatement (Second)'s consumer expectations test in the hypothetical State of Hutchins. The authors discuss the relative merits of the two tests, as well as the status to be accorded to Restatement standards in general. To do so Bowbeer, Cavanaugh, and Stewart rely upon precedent from other jurisdictions, one hypothetical Hutchins case, and various policy arguments

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Vaidya, Rashesh. "Intellectual Property: Legal Provisions and Legal Cases in Nepal." Studies in Law and Justice 2, no. 1 (2023): 26–38. http://dx.doi.org/10.56397/slj.2023.03.04.

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Strengthening the legal protection of intellectual property (IP) is a major concern for entrepreneurs, inventors, and intellectual communities. It is accountable to the nation to protect its indigenous technology by strengthening its legal footing. Nepal, being a member of the World Trade Organization, is bound to develop a legal framework for the protection of intellectual property. Hence, the country has updated the laws related to IP within the Constitution, Acts, and Rules. There are an increasing number of legal conflicts arising regarding intellectual property in the courts of Nepal. The

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VERBYCH, S. O. "ODESSA REGION OIKONYMS OF TURKIC ORIGIN: MOTIVATEDNESS VS. UNMOTIVATEDNESS IN SOVIET PERIOD RENAMINGS. 1." Movoznavstvo 319, no. 4 (2021): 17–44. http://dx.doi.org/10.33190/0027-2833-319-2021-4-003.

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during the Turkish-Tatar (Nogai) history of this region. Much attention is given to the genetic Turkic names, which the Bulgarian settlers moved to a new place of residence from their homeland in the late XVIII — in the first half of the XIX century, and which were renamed during 1944‒1945. It is specially noted formation of the oikonomy of Odessa region during the end of XV‒XVIII centuries took place in a Turkic-speaking environment. This is confirmed by names of settlements such as Akmangit, Bugaz, Karamahmet, Tatarbunary, etc., which appeared here. It should be stressed that the stable ling

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Goldstein, Judith, Miles Kahler, Robert O. Keohane, and Anne-Marie Slaughter. "Introduction: Legalization and World Politics." International Organization 54, no. 3 (2000): 385–99. http://dx.doi.org/10.1162/002081800551262.

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In many issue-areas, the world is witnessing a move to law. As the century turned, governments and individuals faced the following international legal actions. The European Court of Human Rights ruled that Britain's ban on homosexuals in the armed forces violates the right to privacy, contravening Article 8 of the European Convention on Human Rights. The International Criminal Tribunal for the Former Yugoslavia indicted Yugoslav president Slobodan Milosevic during a NATO bombing campaign to force Yugoslav forces out of Kosovo. Milosevic remains in place in Belgrade, but Austrian police, bearin

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Sari, Yusmita, and Stanislaus Atalim. "KONSISTENSI PENGADILAN NEGERI DALAM MEMUTUSKAN WANPRESTASI DALAM PERJANJIAN KERJA (PUTUSAN KASASI NOMOR 1706/PDT/2013 DAN PUTUSAN KASASI NOMOR 322/PDT.G/2015/PN.JKT.TIM)." Jurnal Hukum Adigama 1, no. 1 (2018): 711. http://dx.doi.org/10.24912/adigama.v1i1.2164.

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A working relationship between the employers with workers or labourers often inconsistent like what to expected, so often cause of disputes. The purpose of this journal is to know how the Consistency of the District Court in Deciding Default in the Employment Agreement based on concideration and decisions from judge of verdict of appeal number 1706/PDT/2013 and verdict of appeal number 322/Pdt.G/2015/PN.Jkt.Tim. This study is a normative legal research methods supported by some interview is expected to help answer the problem of this research. the result of this study are : first the service b

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Boonzaier, Leo. "Common-law avoidance." South African Law Journal 141, no. 2 (2024): 213–56. http://dx.doi.org/10.47348/salj/v141/i2a1.

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This article discusses an important trend in recent judgments of our appellate courts, which I call ‘common-law avoidance’. Rather than applying established sets of common-law principles, the courts have chosen to substitute them with other sets of norms of their own invention, usually sourced in the Constitution. This marks a departure from the status quo ante, in which it was accepted that the impact of the Constitution on private-law disputes was to be felt through the common law, rather than by displacing it. I discuss three cases that evidence this new pattern, spanning the three branches

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Sari, Neiska Aulia Marcela, and Itok Dwi Kurniawan. "KESESUAIAN PERTIMBANGAN HAKIM BANDING DALAM MEMUTUS PERKARA TINDAK PIDANA PENIPUAN DENGAN PASAL 241 KUHAP." Verstek 9, no. 4 (2021): 719. http://dx.doi.org/10.20961/jv.v9i4.72296.

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<p><em>This research examines the problem whether the considerations of the panel of appellate judges that giving verdict of upheld the previous court’s decision to the defendant in case number : 237/Pid/2022/PT SMG in accordance with article 241 of The Criminal Procedure Code. Based on the result of the research and discussion it was concluded that the considerations of the panel of judges of appeal who examined and decided on the case in case number : 237/Pid/2022/PT SMG were accordance with article 241 of the Criminal Procedure Code. The judges stated that they strengthened the

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Hickl, Colin. "No Transfer? No Problem!: The Federal Circuit's Excessive Use of the Most Potent Weapon in the Judicial Arsenal for §1404(a) Transfer Appeals." SMU Law Review 76, no. 4 (2024): 913. http://dx.doi.org/10.25172/smulr.76.4.6.

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Like all federal plaintiffs, patent owners who feel their patent has been infringed have the right to file suit in any federal court, so long as venue is proper. Patent plaintiffs often select plaintiff-friendly venues, like the Eastern and Western Districts of Texas. Usually, plaintiffs may select these venues because many of the alleged infringers are large companies with a national presence, which makes them susceptible to suit in many federal courts around the country. Defendants in patent cases often file a motion under 28 U.S.C. § 1404(a) to transfer a case to a more defendant-friendly v

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Karandas, M. V. "Transfer of criminal proceedings from one court to another in the USA." Uzhhorod National University Herald. Series: Law 4, no. 85 (2024): 95–102. http://dx.doi.org/10.24144/2307-3322.2024.85.4.13.

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The article is devoted to the study of the regulation of referral of criminal proceedings from one court to the United States of America, namely under federal legislation and the legislation of individual states. Thus, the article refers to certain provisions of the Federal Rules of Criminal Procedure (Judiciary) of the United States of America. The judicial practice of district and appellate courts on the specified issue was analyzed and attention was drawn to the most significant court cases that reveal the peculiarities of the use of the institution of referral of criminal proceedings in in

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