Academic literature on the topic 'Court appraisals'

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Journal articles on the topic "Court appraisals"

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Tinari, Frank D., and Kristin K. Kucsma. "Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of New Jersey." Journal of Forensic Economics 21, no. 2 (2010): 219–34. http://dx.doi.org/10.5085/jfe.21.2.219.

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Abstract Contributors to the Journal of Forensic Economics are compiling a state-by-state series of papers on how economic damages are assessed in personal injury and wrongful death cases. This paper discusses rules of the court, the court system, and case law for the State of New Jersey. Overall, New Jersey is both different and the same as many other states. The court requires experts to discount to present value, use gender-neutral life expectancy tables, and subtract personal income taxes when estimating earnings losses. New Jersey also accepts expert testimony regarding the value of lost
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Spizman, Lawrence M., and Frank D. Tinari. "Assessing Economics Damage in Personal Injury and Wrongful Death Litigation: The State of New York." Journal of Forensic Economics 22, no. 1 (2011): 75–100. http://dx.doi.org/10.5085/jfe.22.1.75.

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Abstract Contributors to the Journal of Forensic Economics are compiling a state-by-state series of papers on how economic damages are assessed in personal injury and wrongful death cases. This paper discusses the rules of the court, the court system, and case law for the state of New York. New York's system is unique in several important ways. The state has passed statutes that specify in some detail both the method to be used to calculate damages and how a jury's verdict is to be transformed into a judgment. New York Civil Practice Law & Rules (CPLR) Articles 50-A and 50-B provide for se
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Stern, Rachel E. "From Dispute to Decision: Suing Polluters in China." China Quarterly 206 (June 2011): 294–312. http://dx.doi.org/10.1017/s0305741011000270.

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AbstractThis article traces a civil environmental lawsuit from dispute to decision to explore how environmental law works, as well as how lawyers and litigants try to work the law. Detailing ground-level encounters with a legal system promoted and carefully watched by political elites offers a fresh perspective on the ways the past 30 years of legal reforms have affected the experience of China's court users. Amid accounts of financial stress, lawyer–client tensions and the hunt for elite allies, what emerges is a story of variation. Although plaintiffs and lawyers agree that environmental cas
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Bocchese, Marco. "In the Eye of the Beholder." Global Governance: A Review of Multilateralism and International Organizations 27, no. 2 (2021): 275–97. http://dx.doi.org/10.1163/19426720-02702001.

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Abstract This article investigates the stark variation in elite appraisals of the performance of the International Criminal Court (ICC). Based on an online survey of diplomats posted to the UN headquarters, this article determines which country situations under ICC scrutiny respondents regard as successes or failures and, in turn, what parameters underpin their views. It also asks about negative cases; that is, country situations that never made it to The Hague due to political considerations. This article makes a two-fold contribution to the study of international law and politics. First, it
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Macaulay, Richard, and Erika Turkstra. "PP148 Your Money Or Your Life? Are Price Negotiations Health Technology Assessment Best Practice?" International Journal of Technology Assessment in Health Care 34, S1 (2018): 124–25. http://dx.doi.org/10.1017/s0266462318002787.

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Introduction:Many countries use Health Technology Assessment (HTA) organizations to evaluate the clinical and economic impact of new therapeutic interventions. In some markets, HTA outcomes directly link to reimbursement decision-making based on the manufacturer's submitted price (e.g. NICE and SMC [UK]). In others, the HTA outcome leads to price negotiations with manufacturers by a separate body (e.g. HAS/CEPS [France] and G-BA/GKV [Germany]). This research compares major examples of each approach to inform a discussion on whether such price negotiations align with HTA best practice.Methods:P
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KOCH, EBBA. "Jahangir as Francis Bacon's Ideal of the King as an Observer and Investigator of Nature." Journal of the Royal Asiatic Society 19, no. 3 (2009): 293–338. http://dx.doi.org/10.1017/s1356186309009699.

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AbstractThe Mughal Empire is paradigmatic in many of its formulations, and it is epitomised in the persons of its first six padshahs or emperors. The Great Mughals, Grao Mogor, Grand Mogul, Großmogul or Groote Mogul, as the padshahs were known in Europe, have been considered as paragons of rulership. In critical appraisals, which were the prevailing view in the seventeenth and eighteenth centuries, they were the quintessential Oriental despots, held up as a warning to those rulers in Europe with similar aspirations. One thinks here especially of Francois Bernier's letters of the Mughal court t
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Anderson, Charles W. "State Formation from Below and the Great Revolt in Palestine." Journal of Palestine Studies 47, no. 1 (2017): 39–55. http://dx.doi.org/10.1525/jps.2017.47.1.39.

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The Great Revolt (1936–39) represented the most fervent and sustained Palestinian challenge to British and Zionist colonialisms during the thirty years of British rule in Palestine. Although its ultimate defeat has led to negative appraisals of its historical significance, the uprising was in its day the largest mass mobilization in Palestinian history and, at its apex, threatened to overturn the British regime. The rebellion was characterized by considerable organizational ingenuity as Palestinians created novel institutions that embodied their drive for popular sovereignty and an end to colo
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Ismail, Wan Abdul Fattah Wan, Ahmad Syukran Baharuddin, Lukman Abdul Mutalib, and Mohamad Aniq Aiman Alias. "An Appraisal of Digital Documents as Evidence in Islamic Law." Academic Journal of Interdisciplinary Studies 10, no. 3 (2021): 198. http://dx.doi.org/10.36941/ajis-2021-0076.

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Major shifts in the science and technology landscape have made the collection and analysis of digital evidence an increasingly important tool for resolving of crimes as well as the preparation of court cases. Digital documents are known as electronic documents and it can be used as a means of proof in court. However, this kind of method is still need to be discussed in detail regarding its admissibility in the Syariah court. This is because there is no specific provision on the use of it. Thus, this article focuses on the concept of digital documents as evidence in Syariah courts. It also expl
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Ngangi, Charles R., and Melsje Yellie Memah. "IMPLEMENTASI PENGADAAN TANAH UNTUK PEMBANGUNAN JALAN TOL MANADO-BITUNG DI KABUPATEN MINAHASA UTARA." AGRI-SOSIOEKONOMI 14, no. 1 (2018): 355. http://dx.doi.org/10.35791/agrsosek.14.1.2018.19585.

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This study aims to describe (1) implementation and (2) mechanism of land acquisition compensation for Manado-Bitung Toll Road development in North Minahasa Regency based on Law No. 2 Year 2012. The research was conducted on the object of Manado-Bitung Toll Road development of North Minahasa Regency. The study conducted from October 2017 to April 2018. The method used in this research is descriptive qualitative method. Determination of sample method used purposive sampling method. The research found that (1) in the process of land procurement implementation at the stages: (a) planning and (b) t
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Kephart, Christopher. "An analysis of when the merger price is the best representation of fair value in an appraisal action." Corporate Governance and Organizational Behavior Review 1, no. 1 (2017): 42–51. http://dx.doi.org/10.22495/cgobr_v1_i1_p5.

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Delaware’s statutorily afforded right of appraisal is once again a hot topic. In an appraisal action, the Delaware Court of Chancery is charged with the task of determining the fair value of recently acquired Delaware corporations. However, the appraisal process is not an easy one, in no small part, to the inflexible statute guiding the appraisal procedure. The process is further complicated by the Delaware Supreme Court’s mandate that the Court of Chancery not to employ a bright line test in determining the fair value even for those transactions that were the result of a free and open market
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Dissertations / Theses on the topic "Court appraisals"

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McKinney, M. M., and C. Allen Gorman. "A Proposed Analysis of Court Decisions Concerning Performance Appraisal." Digital Commons @ East Tennessee State University, 2018. https://dc.etsu.edu/etsu-works/2611.

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Adem, Seada Hussein. "Palestine and the ICC: a Critical appraisal of the decision of the office of the prosecutor on the Palestine ad hoc Declaration." University of the Western Cape, 2014. http://hdl.handle.net/11394/4394.

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Magister Legum - LLM<br>The Palestinian government made an ad hoc declaration accepting the jurisdiction of the International Criminal Court in 2009. Three years later, the Office of the Prosecutor of the International Criminal Court rejected the declaration. It decided that it is not within the competence of the Office of the Prosecutor, but up to the United Nations Secretary General or the Assembly of States Parties, to determine the Statehood of Palestine. This research paper analyses the 2009 Palestinian ad hoc declaration accepting the jurisdiction of the International Criminal Court and
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Akia, Brenda. "A critical appraisal of the criminalisation and prosecution of sexual violence under international criminal law." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8151_1363774767.

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<p>Sexual violence leaves the victims psychologically traumatised and stigmatised in the eyes of its community. Used on a large scale, sexual violence can destabilise a society as a whole and when used during armed conflicts, it serves as a powerful weapon against members of a community. During armed conflicts, sexual violence is widespread and systematically used as a tool of war and this makes sexual violence amount to crimes against humanity, genocide and war crimes. This research paper critically analyses and evaluates sexual violence as an international crime, as well as its prosecution u
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Chibueze, Remigius Oraeki. "Appraisal of the grounds for challenging arbitral awards, the practice in U.S. and Canadian courts." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ60047.pdf.

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Allen, Holly Lee. "Factor Structure of the Jordan Performance Appraisal System: A Multilevel Multigroup Study Using Categorical and Count Data." BYU ScholarsArchive, 2020. https://scholarsarchive.byu.edu/etd/8726.

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Development of the Jordan Performance Appraisal System (JPAS) was completed in 1996. This study examined the factor structure of the classroom observation instrument used in the JPAS. Using observed classroom instructional quality ratings of 1220 elementary teachers of Grades 1-6 in the Jordan School District, this study estimated the factor structure of the data and the rater effect on relevant structural parameters. This study also tested for measurement invariance at the within and between levels across teachers of two grade-level groups (a) lower grades: Grades 1-3 and (b) upper grades: Gr
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Trinkle, Daniel. "Comparative Views on Age Discrimination Within Appellate Court Decisions: Utilizing Werner and Bolino’s Framework." Digital Commons @ East Tennessee State University, 2020. https://dc.etsu.edu/honors/609.

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The manner by which courts view performance appraisals in relation to the outcome of case is certainly a topic worthy of discussion. Utilizing the framework used within the work of Werner and Bolino (1997), the following study was able to accomplish two main goals: (1) update the information of Werner and Bolino (1997) by evaluating modern cases, and (2) to evaluate new data regarding age discrimination utilizing the same framework as Werner and Bolino (1997). Utilizing chi-square analysis to test all of the hypotheses, it was demonstrated that there was statistical significance in performance
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Havenga, Kelsey. "How comparative laws of foreign jurisdictions may be used by South African courts to find the fair value of shares when shareholders use the appraisal remedy provided for in s 164 of the South African Companies Act 71 of 2008." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19739.

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A set method of determination of the fair value of shares is omitted from s164 of the South African Companies Act 71 of 2008 (the South African Act), which deals with the appraisal remedies of dissenting shareholders. This dissertation will consider how courts in the United Kingdom and the United States have dealt with the question of what is fair value in the context of oppression remedies and appraisal rights
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Hillis, Kevin Ross. "The appraisal remedy and the determination of fair value by the courts." Diss., 2014. http://hdl.handle.net/10500/13347.

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This paper examines the different share valuation methods and principles likely to be used by a court in determining the fair value of dissenting shareholders’ shares in appraisal proceedings in terms of section 164(14) of the Companies Act 2008. It is submitted that the valuation principles and methods used by the courts will affect the operation of the triggering actions contemplated in subsections 164(2)(a) - (b). It is proposed that section 164 court appraisals are likely to be guided by the valuation methods and principles developed in section 252 and section 440K court appraisals under
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Du, Plessis Max. "A critical appraisal of Africa's response to the world's first permanent International Criminal Court." Thesis, 2011. http://hdl.handle.net/10413/8404.

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Chen, Jian-Ye, and 陳建曄. "A Study of The Court Judges Appraisal Systems by Matrix Type." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/03423799432361332780.

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碩士<br>國立高雄大學<br>法律學系碩士班<br>101<br>Bruns and Mckinnon(1992)thought the aim of the qualification is:(1)Measuring and determining the performance of the person who are qualified(2)Realizing the relationship between the person’s performance and the aim of the organization(3)Promoting the person’s ability and progress(4) motivating the person's intention (5)Increasing the communication between the employer and the employee(6)For the rules of giving salaries and promotions(7)Providing the suggestions of how to control and integrate an organization. The aim of the existence of the juridical institut
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Books on the topic "Court appraisals"

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Senegal. Les officiers ministériels au Sénégal. Editions juridiques africaines, 1992.

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Taft, Holmes, and the 1920s court: An appraisal. Fairleigh Dickinson University Press, 1998.

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Siddiqua, Asma. The family courts of Bangladesh: An appraisal of Rajshahi Sadar family court and the gender issues. Forum on Women in Security and International Affairs, 2005.

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Society, Siam, ed. Phaulkon: The Greek first counsellor at the Court of Siam : an appraisal. Siam Society, 1998.

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Kalaile, J. B. An appraisal of traditional courts in Malawi: (the right to legal representation). s.n., 1993.

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Rizvi, Syed Shabbar Raza. The judgment, 2009: An appraisal & fair comments on Sindh High Court Bar Association vs. Federation of Pakistan : (PLD 2009 SC 879). Key Law Report Publications, 2015.

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Wright, R. Dean. Assessing the educational needs of Iowa's homeless youth: A count of homeless children and an appraisal of the educational needs of homeless youth in Iowa : a report prepared for the state of Iowa in cooperation with the Iowa Department of Education and other major state agencies. The Department, 1989.

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Burton, David Henry. Taft, Holmes and the 1920s Court: An Appraisal. Rowman & Littlefield Publishers, Incorporated, 1998.

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Sioris, George A. Phaulkon: The Greek first counsellor at the Court of Siam : An appraisal. Siam Society, 1998.

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Commission, Australia Public Service, ed. Making performance appraisal count: Effective performance appraisal for senior officers and senior executives im the Australian Public Service. Public Service Commission, 1994.

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Book chapters on the topic "Court appraisals"

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Naômé, Caroline. "Appraisal of the Current Situation and Future Prospects." In Appeals Before the Court of Justice of the European Union. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198826255.003.0012.

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This chapter describes the characteristics of the ECJ appeal system, distinguishing it from comparable judicial remedies in national legal systems. One distinguishing feature is that it is a new remedy, created with a few rules that were not always clear. Lawyers working for the Court or pleading before it are not specialised in appeals and are influenced by national laws. Referral of a case back to the same judges as those who decided the quashed judgment is a possibility absent in many national systems. Judgments of the EU Courts have a specific style and content. The interpretation of EU law seems sometimes more important than a limited resolution of a dispute. The second section recalls the objectives underlying the creation of the Court of First Instance (General Court/GCEU) and assesses whether those objectives have been met as regards the ECJ’s caseload and the judicial protection of individuals.
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Luker, Trish. "Sentencing Acts: Appraisal of Court Records in Canada and Australia." In The Court as Archive. ANU Press, 2019. http://dx.doi.org/10.22459/ca.2019.11.

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McConville, Mike, and Luke Marsh. "Appraisal and Review." In The Myth of Judicial Independence. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198822103.003.0012.

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The concluding Chapter scrutinises the validity and relevance of the book’s hitherto unseen archival files, from which its account stems. In pulling together its main themes concerning the role of civil servants, the Executive and the Judiciary in administering criminal justice, it retraces the trajectory of suspects’ rights in the late nineteenth century, from their seemingly ‘bedrock’ foundation within the common law to their rough distillation (at home and abroad) through various iterations of Judges’ ‘Rules’, themselves of dubious pedigree. In documenting this journey, this Chapter underscores how Senior Judges, confronted by Executive power impinging upon the future direction of system protections, enfeebled themselves, allowing ‘police interests’ to prevail. With Parliament kept in the dark as to the ongoing subterfuge; and the integrity of the Home Office, as an institution, long dissolved, ‘Executive interests’ took the reins of a system within which much mileage for ‘culture change’ lay ahead. This Chapter helps chart their final destination; ultimately, one where new Rules (the CrimPR) replace those exposed as failures, leading to governmental success of a distinct kind: traditional understandings of ‘rights’ belonging to suspects and defendants subverted into ‘obligations’ owing to the Court and an adversarial process underpinning determinations of guilt long-disbanded in the quest for so-called ‘efficiency’. In explaining the implications of the events discussed in this book for the issue of ‘Judicial Independence’ and the ‘Separation of Powers’, this Chapter offers a theoretical framework that illuminates the role and practices of the Senior Judiciary in criminal justice policy today.
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Çalı, Başak, Ledi Bianku, and Iulia Motoc. "Migration and the European Convention on Human Rights." In Migration and the European Convention on Human Rights. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192895196.003.0001.

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This chapter reviews the regulation of migration in international law, and locates the treatment of the question of migration in the European Convention on Human Rights. In particular, it shows that the text of the European Convention on Human Rights is silent on the question of migration or the rights of migrants, but that the European Court of Human Rights has nonetheless emerged as a key court for the rights of migrants through its interpretation of the Convention. The chapter then introduces the overall contribution of the collection of articles as a whole: a comprehensive and critical appraisal of the migration case law of the European Court of Human Rights.
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Provost, René. "Introduction." In Rebel Courts. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190912222.003.0001.

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The administration of justice by non-state armed groups in zones of conflict is a reality that is underexamined despite the fact that it produces significant factual and legal effects. These are analysed under public international law, with a focus on international humanitarian law and international human rights law. The rebel administration of justice can be situated within the broader field of rebel governance, corresponding to an emerging field of enquiry which will provide some framing concepts for the analysis offered in this book. In another direction, the rebel administration of justice raises pointed and challenging questions with respect to the concept of law. Legal pluralism offers a vision of legal normativity that encompasses a wide range of actors and practices, and as such stands as an especially promising perspective from which to consider insurgent justice. Any attempt to meaningfully consider the legality of a practice should be grounded in an understanding of the practice in question that is as precise as possible. For the rebel administration of justice, this implies an appraisal of the details of the structure and operation of insurgent courts. In that spirit, this book offers a legal analysis of rebel justice that relies on a series of case studies prepared for that purpose. Unsurprisingly, the preparation of case studies of the practice of armed groups in situations of armed conflict poses several methodological challenges. These elements provide the foundation for the presentation of the nature and objectives of the overall project of this book.
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Buckley, Ann. "The Cambridge Songs as anthology of musical knowledge." In Aspects of knowledge. Manchester University Press, 2018. http://dx.doi.org/10.7228/manchester/9780719097843.003.0004.

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Here Ann Buckley presents an appraisal of the collection known as ‘The Cambridge Songs’, found in a mid-eleventh-century English manuscript but derived from a German source which also included material from the international clerical court culture of the period. Buckley suggests that the collection can be viewed as an example of an ‘anthology of musical knowledge’, which informs on genres, techniques, performance practice and the types of repertory that would have been usual in the eleventh century among learned audiences. The chapter focuses firstly on the collection’s song texts as a source of information on musical knowledge and musical practice in German court culture of the eleventh century but takes account too of the wider European clerical and intellectual framework, interrogating the raison d’être of such a collection in the context of anthologies of knowledge of the time.
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Kretzmer, David, and Yaël Ronen. "Conclusions." In The Occupation of Justice. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190696023.003.0021.

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This chapter considers explanations for the patterns of judicial review exposed in this study. It examines the Court’s performance in the light of the constraints of a domestic court faced both with challenges to state policy in political and security matters and the need to retain domestic and international legitimacy. The chapter places emphasis on the distinction between independence of judges and their neutrality. The lack of neutrality comes to the fore when the Court, which is the arm of an occupying state, reviews the authorities’ actions that affect persons who are not part of the judges’ political community. The Court has generally evaded examination of the legality under international law of the authorities’ actions or granted its backing to the positions of the government, often on legally dubious grounds. In so doing the Court has effectively legitimised virtually all policies and practices, including those that are incompatible with international law. In assessing the Court’s function, the chapter distinguishes between the Court’s legitimising and mitigating roles, and between the effect of the Court’s decisions and the effect of its shadow. Finally the chapter appraises the role that the Court has played in the transformation of the regime in the West Bank to one that has elements of a settler colonial regime.
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"Choice of Court Agreements in the New Brussels I-bis Regulation: A Critical Appraisal." In Yearbook of Private International Law. sellier european law publishers, 2014. http://dx.doi.org/10.1515/9783866536081.113.

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H Geiger, Rudolf. "Customary International Law in the Jurisprudence of the International Court of Justice: A Critical Appraisal." In From Bilateralism to Community Interest. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199588817.003.0043.

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Kur, Annette. "Yellow Dictionaries, Red Banking Services, Some Candies, and a Sitting Bunny." In The Protection of Non-Traditional Trademarks. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198826576.003.0005.

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Colors and product designs face increasingly high hurdles against registration in the EU. However, such marks exist and continue to be registered, not least on the national level. Measuring the scope of protection of such signs therefore remains a key issue in EU trademark law. The appraisal is informed by a number of legal principles and guidelines which are neither completely clear nor uniform in their application by the national courts and authorities. The recent EU trademark law reform has added complexity to the picture by introducing a new limitation permitting to (fairly) use a non-distinctive sign. The meaning and effect of this novel clause still have to be tested in practice.
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Conference papers on the topic "Court appraisals"

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Babaev, Rafael', and Emin Babaev. "On some topical issues of exemption from criminal responsibility under the Criminal Code of the Russian Federation." In Development of legal systems in Russia and foreign countries: problems of theory and practice. Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02061-6-62-69.

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The article is devoted to the topical issue of legal regulation of exemption from prosecution. At the same time, all types of exemption from criminal responsibility, also on the grounds of incentive norms, are analyzed in a certain sequence. The authors noted that a fair decision of the court, under which a person could be released from criminal responsibility, depends to a large extent on the correct interpretation of the appraisal concepts used by the legislator in the relevant criminal and legal norms containing the conditions of exemption from criminal responsibility.
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Dai, Xia, and Jinyao Zhou. "Analysis of Criminal Court Discourse on Steven Avery Case from the Perspective of Appraisal Theory." In Proceedings of the 4th International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2019). Atlantis Press, 2019. http://dx.doi.org/10.2991/iccessh-19.2019.411.

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Monica, Agnes, and Benny Djaja. "Legal Consequences of Auction of Mortgage Right With Lower Limit Value Than the Value of Property Appraisal by the Appraisal Team (Study of Jakarta High Court Decision Number 516 / PDT / 2017 / PT.DKI)." In The 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201209.022.

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Gondalia, Ravi Ramniklal, Amit Sharma, Abhishek Shende, et al. "Evolution of Hydraulic Fracturing Operations & Technology Applications in India." In International Petroleum Technology Conference. IPTC, 2021. http://dx.doi.org/10.2523/iptc-21276-ms.

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Abstract From 2005 to 2020, the application of hydraulic fracturing technology in India has touched the length and breadth of the country in almost every basin and reservoir section. The variety of reservoirs and operating environment present in India governed this evolution over the past 15 years resulting in a different fit for purpose fracturing strategy for each basin varying from conventional single-stage fracturing (urban, desert &amp; remote forested regions) to high volume multi-stage fracturing, deepwater frac-packs and offshore ultra-HPHT fracturing. The objective of this paper is to
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