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Journal articles on the topic 'Court met'

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Published: 4 June 2021
Last updated: 13 February 2022

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1

MANN, VIVIAN B. "A Court Jew's Silver Cup." Metropolitan Museum Journal 43 (January 2008): 131–40. http://dx.doi.org/10.1086/met.43.25699090.

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2

Jimoh, Mujib Akanni. "Advancing Online Dispute Resolution in Nigeria: Current Opportunities, Legal Challenges and the Ways Forward." Journal of Sustainable Development Law and Policy (The) 11, no. 2 (2021): 407–31. http://dx.doi.org/10.4314/jsdlp.v11i2.6.

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The outbreak of COVID-19 has impacted the Nigerian legal system with the introduction of virtual court hearing. Currently, there is no legislation on virtual court hearings in Nigeria. The foregoing notwithstanding, this article examines the constitutionality of this type of hearing and its practicability under the extant laws. Virtual court had been discouraged because of the concern that it may not pass the test of public trial, which is constitutionally guaranteed. This article analyses the provisions of the Constitution as well as available case laws, which suggest that if certain requirem
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3

Liebowitz, David D. "Ending to What End? The Impact of the Termination of Court-Desegregation Orders on Residential Segregation and School Dropout Rates." Educational Evaluation and Policy Analysis 40, no. 1 (2017): 103–28. http://dx.doi.org/10.3102/0162373717725804.

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In the early 1990s, the Supreme Court established standards to facilitate the release of school districts from racial desegregation orders. Over the next two decades, federal courts declared almost half of all districts under court order in 1991 to be “unitary”—that is, to have met their obligations to eliminate dual systems of education. I leverage a comprehensive dataset of all districts that were under court order in 1991 to assess the national effects of the termination of desegregation orders on indices of residential-racial segregation and high-school dropout rates. I conclude that the r
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4

Reger, Samuel. "It’s Not So Obvious." Texas A&M Law Review 1, no. 3 (2014): 729–50. http://dx.doi.org/10.37419/lr.v1.i3.8.

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Currently, the United States Supreme Court requires a fact-specific approach to determine whether a patent claim is eligible subject matter under 35 U.S.C. § 101, even though, traditionally, this has been considered a question of law. However, recently, the United States Court of Appeals for the Federal Circuit introduced the “manifestly evident” standard. The court held that when it is not manifestly evident that a claim is directed to a patent-ineligible abstract idea, then that claim must be deemed patent-eligible subject matter. This Comment suggests that the manifestly evident standard, o
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5

Nowlin, Christopher. "Should Any Court Accept the “Social Authority” Paradigm?" Canadian Journal of Law & Jurisprudence 14, no. 1 (2001): 55–77. http://dx.doi.org/10.1017/s084182090000237x.

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Monahan and Walker have proposed that American judges should fundamentally alter the way they receive and assess social science evidence in court, by treating social science research as “law-like” or authoritative when certain professional research criteria are met. Strict application of the stipulated criteria to various kinds of social science research introduced into American and Canadian courts reveals, however, that such research can seldom be considered authoritative in the way Monahan and Walker imagine. Accordingly, as a general rule judges should be reluctant to apply Monahan and Walk
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ZHANG, DEWEI. "Where the Two Worlds Met: Spreading a Buddhist Canon in Wanli (1573–1620) China." Journal of the Royal Asiatic Society 26, no. 3 (2016): 487–508. http://dx.doi.org/10.1017/s1356186315000498.

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AbstractThe imperial bestowal, as a major way of distributing the Buddhist canon, profoundly affected the contours of Buddhism in late imperial China. But why did the inner court engage in the distribution? How did it choose the recipient from the outside world? How was it possible for an aspirant to the canon to win out among the competitors? These questions concern the dynamics and mechanism behind the diffusion of the canon. They also cast new light on the relationship between Buddhism and the state and local society by revealing how the two otherwise separated worlds interacted. This paper
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Rahmadi, Khairul. "Perancangan Sistem Informasi Pengarsipan Dokumen pada Mahkamah Syar’iyah Kota Banda Aceh." Jurnal JTIK (Jurnal Teknologi Informasi dan Komunikasi) 4, no. 1 (2020): 25. http://dx.doi.org/10.35870/jtik.v4i1.103.

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At the Syar'iyah Court of Banda Aceh City, the archiving information system within the agency could be said to be inefficient because there were still many conventional filing information systems applied, namely storing in filing cabinets, and recording to books so that accuracy could still be said to be unfavorable. When viewed in terms of space, it requires an inventory of places for equipment such as filing cabinets, maps, shelves, and others. While in terms of time, the search for the arrangement of documents that are not neat. In terms of cost, the need for care and maintenance of archive
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8

Louis, Marieke. "Emplois verts ou emplois tout court ?" Études internationales 47, no. 1 (2017): 81–105. http://dx.doi.org/10.7202/1039470ar.

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Cet article analyse la mise à l’agenda de la question environnementale à l’Organisation internationale du travail (oit)depuis la fin des années 1970 jusqu’à aujourd’hui. Il montre comment l’environnement, d’abord défini comme un enjeu de sécurité pour les travailleurs, est peu à peu intégré au paradigme du développement durable à partir des années 1990, sous la pression d’acteurs multiples, internes et externes à l’oit. L’adoption du concept d’emplois verts dans les années 2000 permet d’arrimer l’environnement à l’Agenda du travail décent – promu par l’oitdepuis 1999 – et d’inscrire plus clair
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9

DeLucia, Barbara Hilger, Robert A. Scopatz, and Mark L. Edwards. "Use of Driver and Criminal Records for Judges and Prosecutors." Transportation Research Record: Journal of the Transportation Research Board 1581, no. 1 (1997): 1–9. http://dx.doi.org/10.3141/1581-01.

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A model court records system designed to meet the needs of judges and prosecutors in adjudicating traffic offenses was compared with existing records systems in state and local jurisdictions throughout the United States. The model system incorporates data requirements at each of four phases (enforcement, prosecution, adjudication, and records management) as well as functional descriptions of how the system should operate to provide information in a usable manner to judges and prosecutors. Comparisons of the model system and existing systems were solicited from enforcement agencies, prosecutors
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10

Janković, Radenko. "Existence of the Sufficient Evidence of the Guilt as a Condition for Accepting a Plea Bargain // Dovoljno dokaza o krivici kao uslov za prihvatanje sporazuma o priznanju krivice." Годишњак факултета правних наука - АПЕИРОН 7, no. 7 (2017): 216. http://dx.doi.org/10.7251/gfp1707216j.

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There is no one criminal procedure legislation which accepts the plea bargain in which it is not under the control of the court. In order to be accepted by a court, it has to meet certain conditions. Those conditions are always more or less expressly provided. The law on criminal procedure effective in Bosnia and Herzegovina specifically provide conditions which a plea bargain has to meet in order to be accepted by a court Those conditions are always more or less expressly provided. The issue of the conditions which a plea bargain has to meet in order to be accepted by a court. The issue of th
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Kazmierski, Vincent. "Lights, Judges, Access: How Active Judicial Review of Discretionary Decisions Protects Access to Government Information." Alberta Law Review 51, no. 1 (2013): 49. http://dx.doi.org/10.29173/alr57.

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This article discusses the role of judicial review in access to information regimes in Canada. It provides a review of recent court decisions that show how the Canadian courts are actively supervising the exercise of administrative discretion over access to information. It argues that although efforts to reform Canada’s access to information legislation have so far been met with limited success, the judiciary has provided significant and important scrutiny, providing a key means of enforcing access to information rights in Canada.
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12

Scalia, Damien. "A few thoughts on guaranties inherent to the rule of law as applied to sanctions and the prosecution and punishment of war crimes." International Review of the Red Cross 90, no. 870 (2008): 343–57. http://dx.doi.org/10.1017/s1816383108000350.

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AbstractWar crimes are among the most serious crimes; that is why international courts and tribunals have jurisdiction to prosecute and punish them. However, serious though they are, it is not legitimate to punish them in such a way as to exceed the bounds of respect for human rights. The author considers that, when the perpetrators of war crimes are prosecuted and punished, criteria inherent to the rule of law like those applied by the European Court of Human Rights (such as legality and proportionality) must be met.
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Hester, Marianne, and Sarah-Jane Lilley. "More than support to court." International Review of Victimology 24, no. 3 (2017): 313–28. http://dx.doi.org/10.1177/0269758017742717.

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This article explores the involvement of specialist sexual violence services, including Independent Sexual Violence Advisers (ISVAs), in supporting victims/survivors of rape and sexual abuse to engage with the criminal justice system (CJS) in England and Wales. The underpinning research, conducted in one area of England, included referral data from the police and key specialist sexual violence services, interviews with 15 victims/survivors of sexual violence in contact with the police and specialist services, and interviews with 14 practitioners from sexual violence and related services. We ex
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14

KJELLERUP, ULF. "LEGAL PROBLEMS IN DANISH EIA — THE OERESUND CASE." Journal of Environmental Assessment Policy and Management 01, no. 01 (1999): 131–49. http://dx.doi.org/10.1142/s1464333299000089.

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The court case concerning the establishment of a combined fixed-link between Copenhagen — the capital of Denmark — and Malmö (city) in Sweden has been pending in the Danish courts since early 1993. In December 1998, the Supreme Court in Denmark closed the case by deciding that the litigant, Greenpeace Denmark, was not supported in view that the parliamentary adoption of the project in 1991 was in conflict with the EC EIA Directive. The case was disappointing in failing to draw a line in the sand regarding legal requirements being met by all decision-makers in the nation, even the parliament. T
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15

Sayeed, Hassen A. "Patient Confidentiality: Hospital’s Release of Alcohol Treatment Data Does Not Violate Regs." Journal of Law, Medicine & Ethics 30, no. 2 (2002): 319–21. http://dx.doi.org/10.1017/s1073110500008597.

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In M.A.K. v. Rush-Presbyterian-St. Luke's Medical Center, the Illinois Supreme Court reversed the appellate court and held that the phrase any physician, medical practitioner, hospital, clinic, health care facility or other medical or medically related facility, in a patient's signed consent form met the general designation requirement of the Code of Federal Regulations for the release of alcohol and drug abuse treatment records. Thus, the Illinois Supreme Court held that the medical center's release of a patient's records did not violate the federal Confidentiality of Alcohol and Drug Abuse P
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16

Jennings, Robert Y. "The International Court of Justice after Fifty Years." American Journal of International Law 89, no. 3 (1995): 493–505. http://dx.doi.org/10.2307/2204170.

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The International Court of Justice was brought into being by the Charter of the United Nations (Articles 7(1), 36(3), and 92-96), and by the Statute of the Court which was made an integral part of the Charter; both of which instruments were signed at San Francisco on June 26, 1945. The most important difference between the Statute of the new Court and that of its predecessor, the Permanent Court of International Justice, on which the new Statute was based, was that the new Court was to be one of the “principal organs” of the United Nations. The Charter and the new Statute entered into force on
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17

Rosidah, Zaidah Nur. "Limitation of Application of Sharia Principles in Sharia Economic Dispute Resolution in Religious Courts." Journal of Morality and Legal Culture 1, no. 1 (2020): 24. http://dx.doi.org/10.20961/jmail.v1i1.44749.

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This paper aims to find the basis for the philosophical rationality of applying sharia principles in resolving sharia economic disputes in religious courts as well as the prerequisites required by religious court judges to apply sharia principles in resolving sharia economic disputes. The type of research used is normative legal research to find philosophical rationality and the institutionalization of sharia principles in resolving sharia economic disputes. The approach used is a conceptual approach. Secondary data were collected through literature study. The research results obtained first,
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18

Arif, Rohmat, Fathurrahman Alfa, and Syamsu Madyan. "ANALISIS KEKUATAN ALAT BUKTI SAKSI TESTIMONIUM DE AUDITU DALAM PERKARA PERCERAIAN DI PENGADILAN AGAMA KOTA MALANG." Jurnal Ilmiah Ahwal Syakhshiyyah (JAS) 2, no. 2 (2020): 22. http://dx.doi.org/10.33474/jas.v2i2.8715.

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A witness is a person who has met the formal and material requirements and his testimony is given in court from what he has seen and experienced by himself, but what if the witness does not see it directly but only hears it from someone else ? in the witness's civil law it is called testimonium de auditu. As for the problems of the statement above is as follows : How about the strength of the witness testimonium de auditu in the divorce case at Religious court in Malang city ? and How is the consideration of judges about the witness testimony de auditu at Religious court in Malang city ?. To a
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19

Wójcicka, Ewa. "Oddanie pisma w placówce operatora pocztowego – uwagi de lege lata i de lege ferenda." Studia Iuridica 72 (April 17, 2018): 415–29. http://dx.doi.org/10.5604/01.3001.0011.7642.

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The aim of this article is to discuss the problems of submitting process letters to courts and public administration bodies via a postal operator as well as to indicate essential problems caused by unjustified differentiation of standards concerning the compliance with time-limits when the subject has limited or excluded opportunity to lodge a pleading a letter in person. Only in criminal proceedings and proceedings in cases of offences the participants have full freedom to choose a postal operator and to benefit from the presumption of lodging of a submitting a letter in the date of sending.
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20

Silalahi, Fernando. "MEKANISME PENERBITAN PERPPU NOMOR 1 TAHUN 2013 TENTANG PERUBAHAN KEDUA ATAS UU NOMOR 24 TAHUN 2003 TENTANG MAHKAMAH KONSTITUSI DALAM KAIDAH KEGETINGAN YANG MEMAKSA." to-ra 5, no. 2 (2019): 72. http://dx.doi.org/10.33541/tora.v5i2.1200.

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 Indonesian President Susilo Bambang Yudhoyono signed Government Regulation in Lieu of Law No. 1 of 2013 concerning the Second Amendment to Law No.24 of 2003 concerning the Constitutional Court, which was an-nounced by Coordinating Minister for Political, Legal and Security Affairs (Menkopolhukam) Djoko Suyanto, in Gedung Agung Yogyakarta on October 17, 2013 Special Region of Yogyakarta (DIY). After the previous Saturday, October 5, 2013, the President met with leaders of state institutions at the State Palace. The meeting recommended ve agendas and steps to save the Constitution
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21

Schultz, Nikolaus. "Was the War on Iraq Illegal? – The German Federal Administrative Court's Judgement of 21st June 2005." German Law Journal 7, no. 1 (2006): 25–44. http://dx.doi.org/10.1017/s2071832200004387.

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The US/UK-led war against Iraq, and Germany's contribution to this war, met withgravierenden völkerrechtlichen Bedenken(grave concerns in terms of international law), as evidenced by the extensive judgement of theBundesverwaltungsgericht(BVerwG – German Federal Administrative Court) from 21 June 2005. This is a landmark decision in at least two respects. First, it appears that the BVerwG's opinion is the first on the legality of the war on Iraq by a court of law. Second, the Court took a broad view regarding the question of law with which it had been presented: under what circumstances may an
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Aldridge, Daniel. "BCS Briefing: Schrems II." ITNOW 62, no. 4 (2020): 35. http://dx.doi.org/10.1093/itnow/bwaa108.

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Abstract A pivotal agreement that governs the transfer of citizens’ data between the EU and the US has been met with a critical ruling by the European Court of Justice. BCS offers its analysis of the evolving legal and compliance landscape surrounding data transfer.
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23

Case, Paula. "When the judge met P: the rules of engagement in the Court of Protection and the parallel universe of children meeting judges in the Family Court." Legal Studies 39, no. 2 (2019): 302–20. http://dx.doi.org/10.1017/lst.2018.43.

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AbstractThe importance of the subjects of litigation being able to tell their story directly to the decision maker is widely recognised as offering therapeutic benefits to all involved in the decision-making process. The Court of Protection makes life changing decisions for individuals on health and welfare matters, and it is clearly critical that the person at the centre of those proceedings (known as ‘P’) is given the opportunity for ‘direct engagement’ with the judge deciding their case. This paper interrogates the under-explored domain of the prevalence and forms in which ‘P’ has engaged d
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Zimmermann, Andreas, and Meltem Şener. "Chemical Weapons and the International Criminal Court." American Journal of International Law 108, no. 3 (2014): 436–48. http://dx.doi.org/10.5305/amerjintelaw.108.3.0436.

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When the contracting parties to the Rome Statute establishing the International Criminal Court met in Kampala in 2010 to discuss possible amendments to the statute, the main focus was, and has thereafter remained, on the crime of aggression. In addition to amending the statute to include the crime of aggression, however, the contracting parties amended Article 8 of the statute to include a broader range of war crimes in noninternational armed conflicts over which the ICC can have jurisdiction—inter alia, by including the use of chemical weapons. Although the latter amendment received much less
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25

DAWBARN, FRANCES. "Patronage and power: the College of Physicians and the Jacobean court." British Journal for the History of Science 31, no. 1 (1998): 1–19. http://dx.doi.org/10.1017/s0007087497003166.

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In 1605, not content with having found key positions at court for his favourite Scottish physicians, some of whom were known Paracelsians, James VI of Scotland and I of England ensured their acceptance as members of the London College of Physicians by having the College statutes altered. As a Scot (and therefore a foreigner), Thomas Craig, James's chief physician during his Scottish reign, should have been automatically excluded, and the Comitia of the College, which met on 3 January 1605 to discuss, among other matters, the eligibility of Craig for membership, duly explained its predicament t
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Suñer, Marc. "La Salud y la regulación alimentaria europea: el nivel de riesgo tolerado." Revista Derecho y Salud | Universidad Blas Pascal, no. 5 (December 1, 2020): 197–203. http://dx.doi.org/10.37767/2591-3476(2020)25.

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T. Boer & Zonen es una empresa neerlandesa productora de carne. Por violaciones de la normativa alimentaria europea, se le imponen sendas multas que, tras ser recurridas, culminan en una cuestión prejudicial del tribunal en cuestión ante Tribunal de Justicia de la Unión Europea sobre si la refrigeración de los productos puede entenderse realizada dentro de los camiones frigoríficos (encontrándose estos en las dependencias del matadero), como pretende la empresa, o debemos atender a la literalidad de la norma y otros requisitos, que este proceso solo puede entenderse realizado en el sitio e
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Baharudin, Baharudin. "Implementasi Pertimbangan Hakim dalam Mengabulkan Permohonan Penetapan Wali Adhal Untuk Melaksanakan Perkawinan Menurut Hukum Islam (Studi Putusan Nomor 0055/ Pdt. P/ 2019/PA.Mt)." Wajah Hukum 4, no. 2 (2020): 245. http://dx.doi.org/10.33087/wjh.v4i2.186.

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Marriage must meet the requirements and harmony, one pillar that must be met is the marriage guardian. The existence of a guardian in a marriage contract is a must and is not a legal marriage agreement that is not carried out by the guardian. The guardian is placed as a pillar in marriage according to the agreement of scholars in principle. The problem in this research is how is the formal law in the stipulation of Metro Religious Court Number 0055 / Pdt P / 2019 / PA.Mt regarding the application of guardian application? and what is the basis for the judge's judgment (material law) in deciding
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28

Hogg, Erin A., and John R. Welch. "Archaeological Evidence in the Tsilhqot’in Decision." Canadian Journal of Archaeology 44, no. 2 (2020): 155–84. http://dx.doi.org/10.51270/44.2.155.

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The 2014 Supreme Court of Canada Tsilhqot’in decision provides the first declaration of Aboriginal title to Canadian soil. Aboriginal title requires evidence of continuous, exclusive, and sufficient occupation of a territory. In the earlier trial before the British Columbia Supreme Court the Tsilhqot’in First Nations presented a substantial corpus of archaeological evidence to complement historical evidence, oral histories, and Tsilhqot’in testimony regarding the locations of Tsilhqot’in villages and the type and duration of their occupations. We examined this body of archaeological data in th
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Farhan, Muhammad, Eficandra Eficandra, and Roni Efendi. "IMPLEMENTASI SURAT EDARAN MAHKAMAH AGUNG NOMOR 3 TAHUN 2015 PADA PENGADILAN AGAMA SAWAHLUNTO." JURIS (Jurnal Ilmiah Syariah) 19, no. 2 (2020): 245. http://dx.doi.org/10.31958/juris.v19i2.2234.

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The urgency of this research is to examine the implementation of the Supreme of the Court Circular Number 3 2015 on the addition of livelihoods for children from 10% to 20% per year. Since the determination Supreme of the Court Circular in the Family Court of Sawahlunto, in 2018 were 7 decisions have been made, 3 to applicated and 4 doesn’t. The inequality when considering the jury leads to three fundamental questions: What is the position of Supreme of the Court Circular in the concept of the positivist legal philosophy? What are the Judges considerations to implementing and not implementing
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Lingiah, Jason. "General Assembly of the Church of Scotland." Ecclesiastical Law Journal 19, no. 01 (2016): 70–73. http://dx.doi.org/10.1017/s0956618x1600154x.

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The General Assembly met in Edinburgh from 21 to 27 May with the Rt Revd Dr G Russell Barr BA BD MTh DMin, Minister of Cramond in the Presbytery of Edinburgh, installed as Moderator. This year's Lord High Commissioner to the General Assembly was again Lord Hope of Craighead KT PC. Lord Hope served as Lord President of the Court of Session and Lord Justice General and was subsequently Deputy President of the Supreme Court. The most significant piece of business relating to the interface between church and civil law again related to same-sex relationships, as outlined below.
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STANCU, Mirela. "Reflectarea jurisprudenței Curții de Justiție a Uniunii Europene privind clauzele abuzive în materia executării silite în dreptul român, în special în ceea ce privește regimul contestației la executare." Analele Universitării din București Drept 2021, no. 2021 (2021): 208–24. http://dx.doi.org/10.31178/aubd.2021.14.

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"Although the jurisprudence of the Court of Justice of the European Union is commonly reflected in the practice of the national courts, unfortunately, more than ten years after Romania's accession to the European Union, there are still some syncopations at the legislative level. There are an example in that sense some of the provisions of the Romanian Code of Civil Procedure relating to the contestation against the forced execution (contestatia la executare). Indeed, on closer examination, it appears that these provisions do not fully comply with the requirements which, according to the jurisp
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Jones, Adrian L. "Continental Divide and the Politics of Complex Sovereignty: Canada, The United States and the International Criminal Court." Canadian Journal of Political Science 39, no. 2 (2006): 227–48. http://dx.doi.org/10.1017/s0008423906060173.

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Abstract. As a recent instance of transnational cooperation and governance, encompassing a novel combination of international and supranational legal properties, the International Criminal Court provides an instructive forum for considering increasingly complex sovereignty. This paper considers why Canada and the United States have pursued such divergent policies toward the Court. I argue that these postures are informed by their subjective conceptions of state sovereignty, a reflection of varying interests, values and capacities. As such, this case study illuminates factors that may influence
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Jenny, Brenna. "Recent Developments in Health Law." Journal of Law, Medicine & Ethics 40, no. 1 (2012): 165–70. http://dx.doi.org/10.1017/s1073110500018015.

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When the Supreme Court in PLIVA v. Mensing determined that certain state tort law failure-to-warn claims against generic drug companies were pre-empted by federal drug regulations, the pronouncement was met with substantial criticism. In light of the Court's decision two years earlier in Wyeth v. Levine, where the Court allowed a similar claim against a brand-name drug manufacturer to proceed, many complained the resulting Levine-Mensing dichotomy created an arbitrary distinction between brand-name and generic drugs, allowing an injured patient's ability to recover to hinge solely on the happe
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Fuma, Susumu. "LITIGATION MASTERS AND THE LITIGATION SYSTEM OF MING AND QING CHINA." International Journal of Asian Studies 4, no. 1 (2007): 79–111. http://dx.doi.org/10.1017/s1479591407000551.

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Litigation masters (songshi), who flourished in traditional China, have long been associated in the minds of the public with questionable legal behaviour, taking advantage of the lack of legal know-how of plaintiffs. Though they existed outside the law and their existence was constantly castigated by the authorities, they played a very important role in society. This article examine the reality of what it meant for ordinary people to go to law, in an attempt to reassess how the litigation system actually worked, as opposed to how it was described ideally by the state. It first looks at litigat
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Coleman, Carl H., and Alan R. Fleischman. "Guidelines for Physician-Assisted Suicide: Can the Challenge Be Met?" Journal of Law, Medicine & Ethics 24, no. 3 (1996): 217–24. http://dx.doi.org/10.1111/j.1748-720x.1996.tb01855.x.

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The question of legalizing physician-assisted suicide (PAS) has become a serious public debate. Growing interest in assisted suicide reflects a public increasingly fearful of the process of dying, particularly the prospect of dying a painful, protracted, or undignified death. PAS has been proposed as a compassionate response to unrelievable suffering, designed to give terminally or incurably ill individuals direct control over the timing, manner, and circumstances of their death. Although the American Medical Association remains firmly opposed to legalizing PAS, many physicians have begun to e
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Ciemiński, Marcin, and Łukasz Piergies. "The concept of an objection against the cassation decision of the administrative appeal body. Direction in which this concept evolves." Nieruchomości@ III, no. III (2021): 133–48. http://dx.doi.org/10.5604/01.3001.0015.2484.

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As of 1 June 2021, four years have passed since the institution of objections to the cassation decision of the administrative appeal body was introduced into the proceedings before administrative courts. The new formula for the control of cassation decisions raised concerns from the very beginning. This article examines whether these concerns remain valid after the regulation has been in force for four years and whether the institution of objection has met the expectations placed in it by the legislators. The analysis covers three main differentia specifica of the objection institution, i.e. t
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Biancalana, Joseph. "CONTRACTUAL PENALTIES IN THE KING’S COURT 1260–1360." Cambridge Law Journal 64, no. 1 (2005): 212–42. http://dx.doi.org/10.1017/s0008197305006847.

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CLAUSES that provided fixed monetary penalties first appeared in English contracts and conveyances in the first decade of the thirteenth century. Rather quickly thereafter penalty clauses came to be used in a wide variety of contracts and conveyances. They were used in (1) agreements over tithes, (2) settlement of disputes, (3) arbitration agreements, (4) agreements to transfer or not to transfer land, (5) marriage property agreements, (6) warranties of title to land, (7) leases, (8) agreements to pay rents and annuities, loans, and in a variety of other transactions. The penalty clause was ju
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38

Bowen, Ellen L. "Court-Mandated Group Treatment for a Violent Woman: Roxy." Partner Abuse 1, no. 1 (2010): 105–16. http://dx.doi.org/10.1891/1946-6560.1.1.105.

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Significant debate exists in the field about when to respond and how best to intervene when partner violence has occurred. This case study tells the story of a woman who was arrested for partner violence and was court-ordered to a 52-week treatment program. Her childhood was one of ongoing trauma, abuse, and abandonment. As an adult, all of her adult intimate relationships included violence. She was sometimes the victim, sometimes the offender, and often both. The program she attended, NOVA Non-Violent Alternatives, uses a psychotherapeutic approach of cognitive–behavioral strategies grounded
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Joly, Yann, Gratien Dalpé, and Miriam Pinkesz. "Is Genetic Discrimination Back on the Radar? A Commentary on the Recent Court of Appeal Reference Decision on the Genetic Non-Discrimination Act (GNDA)." Canadian Journal of Bioethics 2, no. 2 (2019): 94–96. http://dx.doi.org/10.7202/1064941ar.

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In this commentary, we critically review the Quebec Court of Appeal’s reference decision to the effect that the Genetic Non-Discrimination Act (GNDA) is unconstitutional. In sum, the court held that the federal government exceeded its criminal law power through the GNDA, as the Act did not have a valid criminal law purpose. The decision was met with opposition, as advocacy groups for Canadians suffering from genetic diseases or genetic predispositions viewed the GNDA as a step in the right direction and were hopeful that it would offer protection from genetic discrimination. In closing, we arg
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40

SCHABAS, WILLIAM A. "Prosecuting Dr Strangelove, Goldfinger, and the Joker at the International Criminal Court: Closing the Loopholes." Leiden Journal of International Law 23, no. 4 (2010): 847–53. http://dx.doi.org/10.1017/s0922156510000403.

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AbstractIn this commentary to Matt Halling's paper, the author takes issue with Halling's proposal to amend Article 7(2) of the Rome Statute with regard to the ‘policy element’. Halling's view of plugging ‘loopholes’ in the Rome Statute in abstracto is met with a voice of realism. The author's realism is expressed on different levels and can be summarized in the following questions. As to the need for an amendment of Article 7(2), how realistic are the scenarios presented by Halling? Do they really call for an amendment? As to the function and role of the court, why expand the Court's mandate
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41

Vetzo, Max. "The Past, Present and Future of the Ne Bis In Idem Dialogue between the Court of Justice of the European Union and the European Court of Human Rights: The Cases of Menci, Garlsson and Di Puma." Review of European Administrative Law 11, no. 2 (2018): 55–84. http://dx.doi.org/10.7590/187479818x15481611819868.

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The cases of Menci (C-524/15), Garlsson (C-537/16) and Di Puma (C-596/16 and C-597/16) deal with the duplication of criminal and punitive administrative proceedings for the same conduct in the area of VAT and market abuse. The Court of Justice of the European Union (CJEU) held that this duplication of proceedings constitutes a limitation of the ne bis in idem principle of Article 50 of the Charter of Fundamental Rights (Charter). This infringement is only justified if the requirements of the limitation clause of Article 52(1) of the Charter are met. The judgments were highly anticipated as the
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42

Castelli, Mireille. "De l'adoption et de « l'abandon » d'un enfant légitime ou l'art de tourner la loi." Chronique de jurisprudence 18, no. 4 (2005): 931–35. http://dx.doi.org/10.7202/042199ar.

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At issue in these two cases are, first, the statutory requirements which relate to the abandonment and the adoptability of a legitimate child and, second, the statutory requirements which determine the jurisdiction of the Social Welfare Court with respect to the child's custody. The statutory conditions relative to the abandonment of the child during one year by the father could not be met because the father had been refused custody of the child which he had sought before the expiration of the required period of time. Moreover, there is the question whether the Social Welfare Court was compete
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43

Lingiah, Jason. "General Assembly of the Church of Scotland." Ecclesiastical Law Journal 18, no. 1 (2015): 87–89. http://dx.doi.org/10.1017/s0956618x15000903.

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The General Assembly met in Edinburgh from 16 to 22 May, with the Rt Revd Dr Angus Morrison, Minister of the United Parish of Orwell and Portmoak in the Presbytery of Perth, installed as Moderator. Dr Morrison was to be Moderator at the 2014 Assembly; however, he stood down early due to health reason and was re-elected and installed this year. This year's Lord High Commissioner to the General Assembly was Lord Hope of Craighead KT PC, who has served successively as Lord President of the Court of Session and Lord Justice General in Scotland, then as a Lord of Appeal in Ordinary and finally as D
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HENRICH-FRANKE, Christian. "Initialzündung oder Katalysator einer wettbewerbsorientierten Verkehrspolitik? Die Untätigkeitsklage und Verurteilung des Rats durch den EuGH im Mai 1985." Journal of European Integration History 26, no. 2 (2020): 247–66. http://dx.doi.org/10.5771/0947-9511-2020-2-247.

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The European Court of Justice condemned the EC-Council (of transport ministers) in an unprecedented process for inaction in the realisation of a common transport policy on 22nd May 1985. The Court confirmed the plaintiff’s (the European Parliament) statement of claim that the Council hadn’t met his obligation to enact a competition order, to provide freedom services in crossborder transportation and to regulate access to domestic transport markets. This contribution analyses the Court’s verdict within the context of the EC transport policy in the 1980s. This also sheds new light on the realisa
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Greenhouse, Linda. "The Supreme Court & Science: A Case in Point." Daedalus 147, no. 4 (2018): 28–40. http://dx.doi.org/10.1162/daed_a_00518.

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When it comes to science and technology, Supreme Court justices resemble lay people in robes, often ill-equipped to grasp fully the implications of the important cases they are asked to decide on scientific subjects. The justices approach science not in the abstract, of course, but from within the doctrinal area in which the particular dispute arises, whether intellectual property, criminal law, or the First Amendment's protection of free speech. The Supreme Court's abortion jurisprudence offers a particularly interesting and consequential example of the Court's encounter with science: a prolo
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Petty, Ross D., Sandra E. McKay, Mary Jane Dundas, and John W. Yeargain. "The FDA's Proposed Rules Regulating Tobacco and Underage Smoking and the Commercial Speech Doctrine." Journal of Public Policy & Marketing 15, no. 2 (1996): 296–303. http://dx.doi.org/10.1177/074391569601500210.

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The authors examine the FDA's proposed regulations restricting the advertising of tobacco products in an attempt to determine if the four-prong test in Central Hudson and Electric Corporation v. Public Service Commission (1980) is met. On the basis of previous court decisions regarding commercial speech, the authors suggest that the proposed advertising restrictions should withstand constitutional challenge. Implications for marketing professionals are discussed.
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Christman, Ben, and Malcolm Combe. "Funding Civil Justice in Scotland: Full Cost Recovery, at What Cost to Justice?" Edinburgh Law Review 24, no. 1 (2020): 49–73. http://dx.doi.org/10.3366/elr.2020.0599.

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In Scotland, there has been an increasing trend for the costs associated with the administration of civil justice to be met by the users of the court system. Such a policy can broadly be referred to as “full cost recovery”. A recent Scottish Government consultation on court fees uncritically continued with this overall approach, but various consultees nevertheless took the opportunity to critique full cost recovery in the context of that consultation and more generally. This article takes up that analysis, in a manner that should also be of interest to non-Scottish readers who may be contendin
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48

O'Meara, Noreen. "“A More Secure Europe of Rights?” The European Court of Human Rights, the Court of Justice of the European Union and EU Accession to the ECHR." German Law Journal 12, no. 10 (2011): 1813–32. http://dx.doi.org/10.1017/s2071832200017570.

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The evolution of the protection of fundamental rights in Europe is on the brink of entering a new phase, with the imminent accession of the European Union (EU) to the European Convention on Human Rights (ECHR). Assuming no unforeseen obstacles arise, the EU will soon become the 48th HCP to the Convention, and the first non-state signatory. This is a unique situation with clear legal and political consequences. Pre-accession negotiations between the Council of Europe and the EU have effectively concluded. The CDDH Informal Working Group on the Accession of the European Union to the Convention (
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Hutter, Manfred. "Manichaeism in the Early Sasanian Empire." Numen 40, no. 1 (1993): 2–15. http://dx.doi.org/10.1163/156852793x00022.

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AbstractIt is well-known that Mani knew Christian Gnosticism, Zoroastrianism and also a little of Buddhism and used different items from these religions. As we can see from the Šäbuhragän, the central themes of Mani's teachings at the Sasanian court were the "two principles" and the "three times", but he reworked them and brought them close to Zurwanism, because King Šäbuhr did not favour 'orthodox' Zoroastrianism but 'heretical' Zurwanism. Thus Manichaeism could flourish for thirty years within the Sasanian empire. After Šäbuhr's death the Zoroastrian priest Kirdir gained influence at the cou
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50

Shorey, Ryan C., Joanna Elmquist, Andrew Ninnemann, et al. "The Association Between Intimate Partner Violence Perpetration, Victimization, and Mental Health Among Women Arrested for Domestic Violence." Partner Abuse 3, no. 1 (2012): 3–21. http://dx.doi.org/10.1891/1946-6560.3.1.3.

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Intimate partner violence (IPV) is a major problem. Unfortunately, there is a dearth of research on the associations between IPV perpetration, victimization, and mental health among women. This study examined these associations among a sample of women arrested for domestic violence and court-referred to batterer intervention programs (BIPs; N = 88). Using self-report screening instruments for Axis I and Axis II mental health problems, results showed very high rates of mental health problems among women. In addition, both IPV perpetration and victimization were associated with increased mental
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