Relevant bibliographies by topics / Highest Court

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Highest Court'

Author: Grafiati
Published: 4 June 2021
Last updated: 16 June 2025

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Journal articles on the topic "Highest Court"

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Dominello, Francesca. "Becoming the Highest Court." Griffith Law Review 12, no. 2 (2003): 263–87. http://dx.doi.org/10.1080/10383441.2003.10854521.

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Zainal Abidin. "Position and Authority of the Constitutional Court in the Constitutional System of the Republic of Indonesia." JUSTICES: Journal of Law 2, no. 4 (2023): 221–27. http://dx.doi.org/10.58355/justices.v2i4.38.

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The Constitutional Court is the only institution with the same position as the Supreme Court, which means that these two courts are the two highest institutions in the judiciary. The Supreme Court is influenced by the Constitutional Court's status as an independent state institution in the judicial sector. Previously, the Supreme Court, which supervised other courts, was the highest institution, but after the establishment of the Constitutional Court, justice was organized by the judiciary. Even with the existence of the Constitutional Court, the power of the Supreme Court in terms of judicial review of laws and regulations can be liberalized by law because its power violates the constitutionality of the law.
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Valdini, Melody E., and Christopher Shortell. "Women’s Representation in the Highest Court." Political Research Quarterly 69, no. 4 (2016): 865–76. http://dx.doi.org/10.1177/1065912916668411.

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The presence of women justices in the highest constitutional courts varies significantly across countries, yet there is little existing research that engages this substantial cross-national variation. Using an original data set of women’s representation in the constitutional courts in fifty democracies combined with qualitative case studies, we assess the effect of the selection mechanism on this variation and find that the existence of a “sheltered” versus “exposed” selection mechanism is a critical determinant of women’s presence. That is, when the selectors are sheltered from electoral accountability, they are less likely to select women as judges because they do not benefit from credit claiming. When the selectors are exposed and can claim credit, however, the unique traits and visibility of the highest court generate an incentive to appoint women.
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Krommendijk, Jasper. "Why do lower courts refer in the absence of a legal obligation? Irish eagerness and Dutch disinclination." Maastricht Journal of European and Comparative Law 26, no. 6 (2019): 770–91. http://dx.doi.org/10.1177/1023263x19871024.

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The majority of requests for a preliminary ruling from the EU Court of Justice comes from lower national courts. This is surprising because such courts are, contrary to the highest national courts, not obliged to refer on the basis of Article 267 TFEU. This article examines why Dutch and Irish lower courts have decided to refer or not in the absence of such a legal obligation. It does so on the basis of an analysis of court decisions complemented with 45 interviews with judges and legal secretaries. The article shows that there is a wide variety of reasons (not) to refer, including pragmatic and practical considerations. Politico-strategic reasons play a smaller role than one would expect on the basis of the literature to date. The most important factor affecting the courts’ willingness to refer is the way in which lower court judges see their role in relation to the highest court(s). This factor also explains the difference between Ireland and the Netherlands. While most Irish references are made by lower courts, around two thirds of the references in the Netherlands stem from the highest courts. Most Irish judges adopted a ‘better sooner than later’ logic, while the majority of Dutch judges emphasized that the highest courts have more time and expertise.
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Li, Yedan, Joris Kocken, and Benjamin van Rooij. "Understanding China's Court Mediation Surge: Insights from a Local Court." Law & Social Inquiry 43, no. 01 (2018): 58–81. http://dx.doi.org/10.1111/lsi.12234.

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This article seeks to understand how reported mediation rates in Chinese courts are produced and what they actually signify. It analyzes data obtained through prolonged fieldwork at a court in central China. The article finds that the court has directly responded to central level mediation incentives by enhancing its overall mediation rate. It has done so strategically by seeking the highest increase using the fullest discretion in the mediation incentive structure and seeking to optimize the highest rate at the lowest cost and risk to the court. This has undermined the objectives of the central level incentives toward mediation, while also drawing the courts' scarce resources away toward unnecessary mediation practices, in part far removed from the courtroom. The article concludes by drawing out broader theoretical conclusions about how information asymmetries, discretion, and goal displacement play out in hierarchical control structures of authoritarian courts.
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Filonova, Olina I. "Legal and Doctrinal Justification of the Request of the Soviet Society for Creation of a Unified Judicial Center, the Supreme Court of RSFSR." Court administrator 2 (June 8, 2023): 39–42. http://dx.doi.org/10.18572/2072-3636-2023-2-39-42.

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The article is devoted to the analysis of the relations connected with the establishment of the Supreme Court of the RSFSR in 1923. The approaches to the legislative consolidation and solution of practical issues of the organization of the Supreme Court of the RSFSR are being investigated, when with the end of the Civil war there was a request for a judicial system that would eliminate dualism associated with the existence of a system of revolutionary tribunals, ensure the rule of law and contribute to the protection of new social relations. It is concluded that the creation of the Supreme Court as the highest centralized judicial body with cassation, supervisory, control, and leadership functions, with activities for instructing courts and interpreting law, allowed the implementation of the principle of a single court, understood as the unity of the judicial system. The study shows that the highest party and Soviet authorities took part in solving organizational and personnel issues at the establishment of the Supreme Court of the RSFSR. The article analyzes issues related to determining the limits of independence of the Supreme Court of the RSFSR and its relations with other bodies. The Supreme Court of the RSFSR was the highest judicial link for courts of general jurisdiction and for special courts, creating conditions for ensuring the unity of judicial practice in the RSFSR.
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KENTRIDGE, SIR SYDNEY. "THE HIGHEST COURT: SELECTING THE JUDGES." Cambridge Law Journal 62, no. 1 (2003): 55–71. http://dx.doi.org/10.1017/s0008197303006226.

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Handoyo, Samuel Tirta, and Cut Memi. "KEWENANGAN MAHKAMAH AGUNG REPUBLIK INDONESIA DALAM PEMBUATAN PERATURAN TENTANG PERMOHONAN PERNYATAAN PAILIT MELALUI SURAT EDARAN (BELEIDSREGELS) DITINJAU DARI SUDUT ILMU PERUNDANG-UNDANGAN." Jurnal Hukum Adigama 2, no. 2 (2019): 646. http://dx.doi.org/10.24912/adigama.v2i2.6581.

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One important element of the rule of law is that any government action must be based on law. The consequence is that laws must be made, implemented and enforced. Therefore, the state has the power to make laws to regulate all its activities. The Supreme Court as one of the highest judicial institutions in Indonesia has the status of all the courts and as the highest court for the four judicial institutions. The regulating and oversight functions are part of the functions of the Supreme Court, where the Supreme Court is authorized to issue further regulations in the form of Supreme Court Regulations and Supreme Court Circular Letters, where Supreme Court Regulations are regulating, whereas Supreme Court Circular Letters are as policy regulations. However, in practice the substance of the Supreme Court Circular is often not in accordance with its requirements, namely as a policy regulation. One of them is the Supreme Court Circular Letter Number 2 Year 2016 concerning Increasing Efficiency and Transparency in Handling Bankruptcy Cases and Delaying Obligations of Debt Payment in Courts. The writing of this thesis will discuss the authority of the Supreme Court in determining the substance of the Supreme Court Circular Number 2 of 2016 in terms of statutory knowledge. Judging from its nature, the research used is descriptive analysis using normative legal research.
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Alekseeva, Natalia I., and Aleksandr I. Svetlov. "The Supreme Court of the Russian Federation as Successor to the Supreme Court of the RSFSR: Historical and Legal Aspects." Rossijskoe pravosudie, no. 12 (November 17, 2023): 5–13. http://dx.doi.org/10.37399/issn2072-909x.2023.12.5-13.

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A democratic legal state is featured by a judicial system capable of effectively protecting the interests of citizens and organizations. In historical and legal studies, it is crucial to study how its main institutions were formed and developed. The study seeks to define the peculiarities of the legal and organizational foundations underlying the RSFSR Supreme Court’s creation and its subsequent development in modern Russia. This goal can only be reached by completing the following tasks: – To provide an overview of the historical and legal aspects of the activities of the domestic higher courts; – To describe the legal acts governing the structure of the highest judicial instance, both in the RSFSR and in modern Russia; – To explore how the competencies of the Supreme Court of the RSFSR and the Supreme Court of the Russian Federation have been evolved. This study analyzes the activities of the highest judicial bodies using a structural and functional approach; the historical and legal method and the analysis method are used to determine the scope of the highest courts’ authority and their significance at different stages of development. Through the analysis of the legal framework, a legal assessment is given to the activities of the Supreme Court of the RSFSR, and it is also concluded that the Supreme Court of the Russian Federation is its successor, since both courts in different historical eras were the highest judicial instance, whose function was to supervise lower courts and ensure uniformity of judicial practice.
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Kučs, Artūrs, and Jānis Pleps. "Constitutional Identity Between Riga and Strasbourg: The Courts’ Dialogue Developing Latvian Constitutional Law." Journal of the University of Latvia. Law 17 (October 27, 2024): 193–208. http://dx.doi.org/10.22364/jull.17.12.

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The article provides insight into the recent development of the concept of constitutional identity in the Latvian legal system. The authors mainly focus on the dialogue between the national highest courts, especially the Constitutional Court, and the European Court of Human Rights and the Court of Justice of the European Union, concerning the concept of constitutional identity. In recent years, both supranational courts have dealt with cases involving various aspects of Latvia’s constitutional identity and the respected constitutional values, norms, and principles that define it, as well as the relevant jurisprudence of the national highest courts. The case study of Latvia demonstrates that it is possible to guarantee a harmonious approach to implementing constitutional identity in light of the state’s international obligations as a member of the European Union and the Convention on Human Rights.
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Dissertations / Theses on the topic "Highest Court"

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Štefanides, Jan. "Daňové ráje." Master's thesis, Vysoké učení technické v Brně. Fakulta podnikatelská, 2013. http://www.nusl.cz/ntk/nusl-224140.

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The diploma thesis deals with the issues of tax havens and opportunities of their utilization for the Czech entrepreneurs relating income taxes. The thesis focuses on analysis of the Czech legislation and international agreement binding for the Czech Republic and their interpretation in the case law of the European Court of Justice and the Highest administrative court of the Czech Republic. The thesis includes practical example of the utilization of tax havens.
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Morris, Robert J. "A comparative study of the meaning and importance of several constitutional cases in the highest courts of the PRC, Hong Kong, & Taiwan." Thesis, Click to view the E-thesis via HKUTO, 2007. http://sunzi.lib.hku.hk/hkuto/record/B37678620.

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Habib, Rao Imran. "Judicial independence in the higher courts of Pakistan : a comparative study with judicial independence in the higher courts of England." Thesis, Glasgow Caledonian University, 2016. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.726790.

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Timm, Linda R. Hines Edward R. "Peer review in promotion and tenure decisions in higher education court decisions, 1984-1990 /." Normal, Ill. Illinois State University, 1994. http://wwwlib.umi.com/cr/ilstu/fullcit?p9507289.

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Thesis (Ph. D.)--Illinois State University, 1994.<br>Title from title page screen, viewed March 22, 2006. Dissertation Committee: Edward R. Hines (chair), Joseph J. Goleash, Douglas H. Lamb, John R. McCarthy, Anita H. Webb-Lupo. Includes bibliographical references (leaves 154-165) and abstract. Also available in print.
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Grindle, Christopher Carl. "An analysis of court cases involving student due process in dismissal from higher education." Thesis, [Tuscaloosa, Ala. : University of Alabama Libraries], 2009. http://purl.lib.ua.edu/2206.

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Mallia, Carole. "Mature women students and higher education : do their skills count?" Thesis, University of Nottingham, 2010. http://eprints.nottingham.ac.uk/11821/.

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This thesis examines the experience of a group of mature women students before, during and after their period of study in higher education. Specific research areas of investigation focus on their existing skills, and the value they give to these skills, and those they develop over their time of study. The context for the study is provided by an examination of the historical development of girls’ and women’s education, looking specifically at its gendered nature. Similarly, the development of universities is examined, in particular, debates on what universities are for, and how they are increasingly linked to providing an educated and skilled workforce rather than being autonomous institutions of education. The research is situated in a period of keen interest in skills development, when many universities were considering their development in some form or other. This sets the context for the women participants in this study in schools that were piloting key skills in different ways. This is explored in relation to their experience of this burgeoning interest in skills. The research approach used was chosen to enhance understanding of the issues that affect mature women students returning to learning. It draws heavily on feminist methodology and is also influenced by the work of Michel Foucault and Paolo Freire. These theorists are used to shed light on how issues of power are endemic within the society in which this research takes place. The feminist methodology employed has allowed me to become part of the research, and to reflect upon my own experiences as a mature student in higher education as well as those of the other participants. The research analysis is based heavily upon multiple semi-structured interviews conducted with each of the women. The analysis reveals how the women feel their skills are valued both by themselves and by the institute of higher education where they studied and by wider society. Whilst the women feel that they have considerable skills as mature women, the discussion reveals a number of interesting factors regarding which skills the women expect to be valued in the wider world compared to the skills they value in themselves.
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Bohman, Elias. "When the Death Count Gets Higher : Intensifying ‘Sons of the Soil’ Conflicts." Thesis, Uppsala universitet, Institutionen för freds- och konfliktforskning, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-303327.

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‘Sons of the soil’ conflicts seldom intensify above a low level of intrastate violence. Although frequent, they tend to remain small in scale, which has contributed to a lack of scholarly understanding about why some Sons of the soil conflict yet intensify more than others. Taking the role of the state into account, this study aims to investigate the causes for intensification in these conflicts. With a neoclassical realist approach, domestic factors behind the causal process of conflict intensification are unearthed, thereby investigating further the action-formation of the government threat perception. It leads the study to test the following hypothesis: A Sons of the soil conflict is more likely to intensify if the government misperceives the threat the conflict constitutes. Through a comparative process tracing analysis of Sons of the soil conflict intensity in Mali and Niger, 2006-2012, findings suggest that certain domestic factors at the state level cause a significant variation in the outcome. Actual low threats of Sons of the soil conflict may in fact be intensified due to state misperceptions.
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Keller, Anna Catherina Maria. "Narratives in a drug court setting." CSUSB ScholarWorks, 2006. https://scholarworks.lib.csusb.edu/etd-project/3176.

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The purpose of the project is to develop and evaluate a writing unit that could be used to teach adult students in a drug court program. The project is based on theories behind narrative therapy, its use in the treatment of persons with addiction problems, and how the reframing of students' own life stories through writing can bring about change. By using writing prompts as both therapeutic and educational tools, the author hoped to improve the students' life-coping skills and their writing abilities. The unit consists of paragraph writing, essay writing, reflective writing that focused on past events, and using computers to compose and format texts. The author evaluated a preliminary draft of the unit by submitting it to four education professionals with a questionnaire. Data was also collected from the author's students by means of surveys, interviews, and writing samples. Feedback from the professionals and the students guided the revision of the unit. The questionnaire, survey, and interview questions used in the project and the preliminary and final revised drafts of the teaching unit are included.
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Hennigar, Matthew A. (Matthew Aaron) 1971. "Appealing to higher authority : explaining the Federal Government's appeals to the Supreme Court of Canada in charter cases." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82893.

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The adoption of the Charter of Rights and Freedoms has increased the policy importance of litigation, and, accordingly, of those government lawyers who handle such litigation. In particular, policies and laws may stand or fall based on whether the government appeals its losses in the lower courts to the Supreme Court of Canada. This dissertation seeks to determine whether the federal government's appeal decisions are based on a rational weighing of multiple factors related to costs, case importance, and the prospect of securing access to, and victory in, the Supreme Court. This first requires ascertaining the locus of litigating authority and the decision making process within the government. Surveys and personal interviews of government counsel reveal that the Department of Justice Canada, which holds a near-monopoly over Ottawa's litigation, combines decentralisation by region and policy area in the conduct of litigation with a centralised appeal decision making process. Quantitative and qualitative analyses of the government's lower court losses and Supreme Court appeals confirm the dissertation's central assumption that the federal government's appeals are calculated choices, with case importance, avoiding losses on appeal, and protecting governmental authority emerging as the strongest motivations. Further, the dissertation situates these findings in the context of the contemporary "dialogue" debate, providing the first systematic analysis of government dialogue with lower appeal courts, and incorporating the concept of appeals as a form of dialogue. The study finds a significant degree of dialogue between the federal government and the lower courts, especially following highly activist judicial rulings. This is consistent with findings from the preceding sections, that Justice Department lawyers actively defend the government's policy-making authority.
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Otlhogile, Bojosi K. "The history of the Higher Courts in Botswana : an account of their origin and development." Thesis, University of Cambridge, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.357864.

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Books on the topic "Highest Court"

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Huls, Nicolaas Jacob Herman, 1949-, Adams Maurice 1964-, and Bomhoff J, eds. The legitimacy of highest courts' rulings: Judicial deliberations and beyond. T.M.C. Asser Press, 2009.

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H, Seksay Edward, and Massachusetts Continuing Legal Education, Inc. (1982- ), eds. How to try a civil case in Superior Court: Effective advocacy and proper procedure in the state's highest trial court. MCLE, 1997.

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H, Seksay Edward, and Massachusetts Continuing Legal Education, Inc. (1982- ), eds. How to try a civil case in Superior Court: Effective advocacy and proper procedure in the state's highest trial court. MCLE, 1996.

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Eksteen, Riaan. The Role of the Highest Courts of the United States of America and South Africa, and the European Court of Justice in Foreign Affairs. T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-295-8.

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Khabriyeva, Taliya. Doctrinal foundations of the practice of the Supreme Court of the Russian Federation. INFRA-M Academic Publishing LLC., 2023. http://dx.doi.org/10.12737/2073371.

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The monograph analyzes the impact of scientific research and legal and doctrinal assessments on the practice of law enforcement of the Supreme Court of the Russian Federation. Special attention is paid to the scientific works of the judges of the highest judicial instance, the analysis of the rulings of the Supreme Court, the decisions of the Plenum and the Presidium of the Supreme Court, which address controversial issues of legal science and judicial practice.&#x0D; The problems of application of both substantive and procedural law are revealed. The intersectoral features of judicial activity, issues of application of the provisions of international public&#x0D; and private law are analyzed.&#x0D; For lawyers, scientists and practitioners, representatives of human rights organizations, teachers, students, undergraduates and postgraduates of law schools and faculties, as well as for a wide range of readers interested in the development of modern justice.
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Muller, Sam, Sidney Richards, and Laura Henderson, eds. Highest Courts and Globalisation. Hague Academic Press, an imprint of T.M.C. Asser Press, 2010. http://dx.doi.org/10.1007/978-90-6704-607-7.

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Bowker, Robert D. A higher court. Edited by Schwingle David R and Bob Jones University Press. BJU Press, 2006.

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United States. Congress. Senate. Committee on the Judiciary. The District of Columbia Circuit: The importance of balance on the nation's second highest court : hearing before the Committee on the Judiciary, United States Senate, One Hundred Seventh Congress, second session, September 24, 2002. U.S. G.P.O., 2003.

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Huls, Nick, Maurice Adams, and Jacco Bomhoff, eds. The Legitimacy of Highest Courts’ Rulings. T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-519-3.

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Muller, Sam, Marc Loth, and Jantine de Goei, eds. Highest Courts and the Internationalisation of Law. Hague Academic Press, an imprint of T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-641-1.

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Book chapters on the topic "Highest Court"

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Shah, Justice Ajit Prakash. "Judicial Globalisation: Supreme Court of India." In Highest Courts and Globalisation. Hague Academic Press, an imprint of T.M.C. Asser Press, 2010. http://dx.doi.org/10.1007/978-90-6704-607-7_6.

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Bastarache, Michel. "The Globalisation of the Law and the Work of the Supreme Court of Canada." In Highest Courts and Globalisation. Hague Academic Press, an imprint of T.M.C. Asser Press, 2010. http://dx.doi.org/10.1007/978-90-6704-607-7_3.

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Loonstra, Kees, and Jeroen Quist. "The Dutch Supreme Court Versus the Lower Courts: Summary Dismissal and the Catalogue of Viewpoints." In The Legitimacy of Highest Courts’ Rulings. T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-519-3_22.

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Davids, Willibrord J. M. "Judicial Reasoning and Legitimacy of the Dutch Supreme Court." In The Legitimacy of Highest Courts’ Rulings. T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-519-3_13.

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Gerards, Janneke. "Judicial Deliberations in the European Court of Human Righs." In The Legitimacy of Highest Courts’ Rulings. T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-519-3_26.

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Barkhuysen, Tom, and Michiel van Emmerik. "Legitimacy of European Court of Human Rights Judgments: Procedural Aspects." In The Legitimacy of Highest Courts’ Rulings. T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-519-3_27.

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Lollini, A. "Confronting Comparative Methods: Approaches to Using Extra-Systemic Parameters by The Canadian Supreme Court and The South African Constitutional Court." In Highest Courts and the Internationalisation of Law. Hague Academic Press, an imprint of T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-641-1_15.

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Huybrechts, Luc. "A Commentary on Lasser’S Analysis From the Belgian Court of Cassation’s Perspective." In The Legitimacy of Highest Courts’ Rulings. T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-519-3_11.

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Corstens, Geert. "the Legitimacy of The Decisions of the Dutch Supreme Court in Criminal Cases." In The Legitimacy of Highest Courts’ Rulings. T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-519-3_14.

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Eksteen, Riaan. "South Africa—Constitutional Court and Supreme Court of Appeal." In The Role of the Highest Courts of the United States of America and South Africa, and the European Court of Justice in Foreign Affairs. T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-295-8_7.

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Conference papers on the topic "Highest Court"

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Baalbergen, Frederik B., Iman E. Zadeh, and Michiel J. A. de Dood. "Laser Induced Relaxation Oscillations in Superconducting Nanobridge Single Photon Detectors." In Quantum 2.0. Optica Publishing Group, 2024. http://dx.doi.org/10.1364/quantum.2024.qw3a.25.

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We present the first observations of laser synchronised relaxation oscillations in superconducting nanowire single photon detectors. Understanding the thermal feedback behind these oscillations aids the development of photon number resolving and higher count rate detectors.
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De Turris, Antonio, Matilde de Romero, Sankara Papavinasam, and W. Douglas Gould. "Synergistic Effect of Sulphate-Reducing Bacteria and CO2 on the Corrosion of Carbon Steel in Synthetic Produced Water." In CORROSION 2012. NACE International, 2012. https://doi.org/10.5006/c2012-01233.

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Abstract The effect of sulphate-reducing bacteria (SRB) and carbon dioxide (CO2) on the general and localized corrosion of carbon steel in synthetic produced water (SPW) was investigated. The synthetic produced water was saturated with various concentrations of CO2. Experiments were carried out in a rotating cage apparatus using a mixed culture of sulphate-reducing bacteria obtained from an oil field in Venezuela. During the experiments the pH, planktonic bacterial count, and concentrations of sulphide, sulphate, iron, calcium and magnesium ions in the solution were measured. After the experiment, the sessile bacteria count and mass loss of the carbon steel test coupons were determined, the corrosion products on the metal surface were identified using X-ray diffraction, and the corrosion morphology was determined using optical microscopy, scanning electron microscopy and laser profilometry. Both general and localized pitting corrosion rates of carbon steel were found to nearly double in solutions containing 10% CO2 and 10% SRB compared to solutions containing either CO2 or SRB alone (synergistic effect). Higher CO2 concentrations killed both sessile and planktonic SRB; under these conditions the general and localized corrosion rates were determined by CO2 concentration (sweet corrosion).
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Kačer, Hrvoje. "CHF CASE – 2019. god." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.153k.

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In this text the authors deal with the latest developments in the Croatian model of solving the so-called CHF case. Unfortunately, the legislator did not do well and failed to see the possibility that, when he had already decided to bring the new normative framework, to predict and to properly regulate in it at least the key legal issues, such as: (no)admissibility of the lawsuit for those who decided to convert, the statutory limitation of the judgment on collective lawsuit and the currency clause relating to the Swiss franc. Instead of preventing reasons for the future lawsuit by the amendment of the Consumer Credit Law, it seems that (whatever it is desired) has come to the contrary. Despite the criticism of the legislator, the authors agree with the current court practice, for which the authors think it might and must (regarding to the highest courts) be much faster, in any case, the waiting for decisions of the Supreme Court of the Republic of Croatia and the Constitutional Court of the Republic of Croatia should be measured in months rather than years. The authors certainly repeat their already stated opinion that in the procedures that are labeled with the CHF case syntax, as a rule, there is no exclusive responsibility, and that is only (above slowness) what should be criticized in the court practice, which has not recognized it.
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Tiwari, Kirti. "EXPERIENCE ON SEISMIC VULNERABILITY ASSESSMENT AND RETROFITTING OF SUPREME COURT BUILDING." In 2nd Croatian Conference on Earthquake Engineering. University of Zagreb Faculty of Civil Engineering, 2023. http://dx.doi.org/10.5592/co/2crocee.2023.9.

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The Supreme Court of Nepal is the highest court in Nepal. The Supreme Court of Nepal is an important building, built of brick in mud masonry structure and over 54 years of age which got moderate structural damage due to the recent Gorkha earthquake 2015. The need for safety of the building lying at high seismic zone in Nepal, the Seismic Vulnerability Assessment and Retrofit design was carried out to improve the building response in future earthquakes. The seismic vulnerability of the building was assessed after the following:(a) historical investigation about the building, (b) detailed geometrical investigation, (c) identification of materials by means of surveys and literature indications, (d) Detailed Intrusive Tests, (f) Detail linear static analysis of the building by means of a Finite Element (FE) model. After these steps, the FE model was used to assess the safety level of the building by means of linear static analyses and identifying a proper retrofitting strategy for this building. Both side wall jacketing and splint and bandage in some inner walls using the bar wire mesh was carried out for retrofitting this building.
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Дехканова, Жылдыз Ахматовна, and Темирбек Курбанбаевич Смадияров. "CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC: ISSUES OF ORGANIZATION AND SOLUTION WAYS." In Современные технологии. Технические и естественные науки: сборник статей международной научной конференции (Архангельск, Июнь 2023). Crossref, 2023. http://dx.doi.org/10.58351/230624.2023.68.71.002.

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Кыргызская Республика является демократическим государством придерживается принципа значимости Конституции, так как именно Конституция обладая высшую силу и прямое действие в Кыргызской Республике. Конституционные ценности защищаются и претворяются в жизнь Конституционным судом, так посредством конституционной проверки законов, Конституционный суд обеспечивает гарантию верховенства Конституции и функционирование демократического государства, так как своими решениями способствует выработке действенного механизма, обеспечивая конституционные права ми свободу человека и гражданина. The Kyrgyz Republic is a democratic state that adheres to the principle of the significance of the Constitution, since it is the Constitution that has the highest power and direct effect in the Kyrgyz Republic. Constitutional values are protected and implemented by the Constitutional Court, so through the constitutional review of laws, the Constitutional Court ensures the guarantee of the supremacy of the Constitution and the functioning of a democratic state, since by its decisions it contributes to the development of an effective mechanism, ensuring constitutional rights and freedom of man and citizen.
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Pleps, Jānis. "Konstitūcijas tiešas piemērojamības princips." In Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.31.

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The direct application of the Constitution is the very essence of the concept of the Constitution in the Western legal tradition. The Constitution is a real and enforceable legal act with the highest legal force, which is binding for everyone in the legal system. The principle of the direct application of the Constitution is reflected in the Central and Eastern Europe after the collapse of socialistic and Soviet regimes. Here, it was necessary to even formulate it as a written constitutional provision for ensuring of supremacy of the Constitution and rule of law. In case of Latvia, the direct application of the Constitution is self-evident and respected in the legal system. The Constitutional Court and the Supreme Court in few cases have formulated a strict obligation to ensure a direct application of the Constitution and especially the fundamental rights and freedoms.
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Toman, Lukáš. "Povaha regresního nároku daňového ručitele." In Naděje právní vědy 2023. University of West Bohemia, Czech Republic, 2024. http://dx.doi.org/10.24132/zcu.nadeje.2023.696-701.

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A tax suretyship is based on a private law suretyship. When a tax surety performs a debt of a tax debtor to a tax administrator the tax surety is supposed to gain a certain claim against the tax debtor. This article is about the essence of such claim. First of all the decision of great senate of the Highest Court nr. 31 Cdo 1693/2008 has been scrutinized as a pivot point for the claim arising from a tax surety. This court decision makes incorrect conclusion and is poorly explained. Another key point are changes in provisions between Act Nr. 40/1964 Coll. and Act Nr. 89/2012 Coll. in terms of surety regress claims, i.e. subrogation and unjust enrichment. After considering gathered information the Author concludes the regress claim of the tax surety has the essence of unjust enrichment under current law. However certain changes should be made de lege ferenda.
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Blagojević, Anita, and Marijana Majnarić. "THE ‘’GREEN’’ CONSTITUTION OF THE REPUBLIC OF CROATIA AND THE CONSTITUTIONAL COURT AS A PROTECTOR OF THE RIGHT TO A HEALTHY ENVIRONMENT." In International Scientific Conference “Digitalization and Green Transformation of the EU“. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/27442.

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Unlike the “pioneer” constitutions, which contained guarantees of personal and political rights in their provisions, newer constitutions, or constitutions of the 20th century, began to guarantee social and economic rights in their provisions, and among them soon appeared the right to a healthy environment. Similar to the constitutions of other new democracies, the Constitution of the Republic of Croatia belongs to the ranks of environmentally conscious constitutions. The right to a healthy environment was part of the Constitution of the Socialist Republic of Croatia from 1974, and after the establishment of the independent and sovereign Republic of Croatia, it became part of the Constitution of 1990. In Croatia, since the very beginning of independence, the conservation of nature and the human environment have been included in the category of the highest values of the constitutional order (Article 3), which represent the foundation for the interpretation of the Constitution. In the part of the Constitution that refers to human rights and fundamental freedoms, we find provisions on restrictions of entrepreneurial freedom and property rights in order to protect nature, the environment and human health, then on special protection of the state to all things and goods of special ecological significance. It is also clearly prescribed that everyone has the right to a healthy life, and that the state has a certain responsibility for environmental protection. The Constitutional Court takes care of the protection of constitutionality and the protection of environmental rights. The aim of this paper is to analyze how the constitutions of the new democracies relate to environmental protection, whether the Constitution of the Republic of Croatia is really a “green” Constitution, and based on the analysis of the previous practice of the Constitutional Court in environmental cases, reach a conclusion about the approach and the role of the Constitutional Court of the Republic of Croatia as a protector of the right to healthy environment.
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Rohr, Karel. "Vývoj kriminality v letech 1961–1972 dle zpráv GP ČSSR a předsedy NS ČSSR pro zákonodárné sbory." In Naděje právní vědy 2022. University of West Bohemia, Czech Republic, 2023. http://dx.doi.org/10.24132/zcu.nadeje.2022.562-572.

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A telling source on the subject are the written reports of the chief public prosecutor and the president of the highest court from 1961 to 1972 on the state of socialist legality for the legislatures, which were discussed cyclically in these representative assemblies at their regular meetings. In this way, insight was also gained into how the development of the specific crime in question was reflected at a high political level. As a result of the thesis, it was found that, although socialist property was given increased protection by criminal law at the time, it was this property that was increasingly the target and object of property crime. This criminality was committed both on a very sophisticated level and in a systematic manner by persons who were very well placed socially and sometimes politically, but also by persistent and yet very frequent small-scale attacks, committed most often by perpetrators in the position of employees (even among the managerial staff) of enterprises of the socialist economy. These attacks were often committed by persons who had not been convicted until their conviction.
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Gunathilaka, W. A. Saranee Wasana, and Samurdhi Jayamaha. "Mediation and the Myth of Enforceability." In SLIIT INTERNATIONAL CONFERENCE ON ADVANCEMENTS IN SCIENCES AND HUMANITIES [SICASH]. Faculty of Humanities and Sciences, SLIIT, 2022. http://dx.doi.org/10.54389/xxxa6423.

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Mediation is a trending alternative dispute resolution mechanism despite some of its alleged shortcomings. One such is that the mediated outcome lacks enforceability, which is not the case in real life. Whereas various jurisdictions have expressly dealt with this alleged issue, in the absence of any explicit provision for the same, a mediation settlement agreement could also be enforced in a Court of law, by treating it as a regular contract. The presence of the highest form of autonomy in the mediation process makes its settlement agreement qualified at the outset to be considered as a contract. More pertinently, offer; acceptance; consideration; intention to create a legally binding relationship; legality and capacity as fundamental requisites of a legally enforceable contract is often seen to be present in a mediation settlement agreement, thus allowing it to be enforceable as a contract between the parties who have freely entered into such agreement to settle their dispute. It is therefore accurate to conclude that the unenforceability of a mediated outcome is a myth even where there is no specific provision to that effect. Keywords: Mediation, Mediated Settlement Agreements, Enforcement of Mediated Settlement Agreements, Contracts and settlement agreements
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Reports on the topic "Highest Court"

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Meinelt, Zachary, Matthew Bahr, Patrick Finnegan, et al. Microfabricated Ion Traps on Sapphire for Larger Trap Areas and Higher Qubit Count. Office of Scientific and Technical Information (OSTI), 2024. http://dx.doi.org/10.2172/2462919.

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Rothschild, Julie, Eduardo Gandelman, and Néstor Gandelman. Gender Differentials in Judicial Proceedings: Field Evidence from Housing-Related Cases in Uruguay. Inter-American Development Bank, 2008. http://dx.doi.org/10.18235/0011261.

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Using micro data on judicial proceedings in Uruguay, this paper presents evidence that female defendants receive more favorable treatment in courts than male defendants. This is due to longer foreclosure proceedings and higher probabilities of being granted extensions in evictions and dispossessions for female defendants.
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Cunha e Melo, Mariana, and Jonas de Abreu Castro. Section 230 and the future of the internet. Center for Technology and Public Interest, SL, 2023. http://dx.doi.org/10.59262/ejp3ba.

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The US Supreme Court is considering the fate of Section 230, a law that protects content platforms from liability for user-generated content. The case, Gonzalez v. Google, challenges the intermediary liability protection of Section 230. If the challenge succeeds, it could undermine the foundation of Web 2.0 and the internet's future. The case focuses on whether platforms like Google, Twitter, and TikTok should be held liable for third-party content from their recommendation engines. Challenging Section 230 could have severe consequences for freedom of expression and lead to restrictions on recommendation engines or higher restrictions on publishing or sharing. Section 230 has been settled law for over two decades and protects content platforms, even if they encourage users to post content.
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DiFolco, Donna, Julie Maier, Donna DiFolco, and Julie Maier. Snowshoe hare population trends at mineral and non-mineral sites in the central Brooks Range, Alaska: Final report on the snowshoe hare ecology project, 1997?2023. National Park Service, 2024. http://dx.doi.org/10.36967/2306544.

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This report presents data we have compiled while monitoring localized snowshoe hare populations in the central Brooks Range near Wiseman, Alaska, using track and pellet counts. In addition, we documented snowshoe hare geophagy?the practice of consuming soil?via trail cameras, thus confirming the use of mineral licks by snowshoe hares in this area. Evidence of geophagy by snowshoe hares (Lepus americanus) was observed during track count surveys in Gates of the Arctic National Park and Preserve west of Wiseman, Alaska, in 1997?2001 when the hare population reached an exceptionally high peak. Long-time residents claimed that hares with winter access to mineral licks reached higher densities than hares without year-round access to licks. In 2007 we initiated pellet plot counts to monitor hare populations in four areas where hares had year-round access to a mineral lick (?mineral? sites) and three areas where hares did not have minerals available year-round (?non-mineral? sites). Hare densities in non-mineral areas peaked around 2009, albeit moderately, 10 years after the extreme peak in 1997?2001 documented by the track count. By contrast, hares at mineral sites exhibited no apparent increase in population densities at this time. Local knowledge predicted that there would not be another large increase in hare densities in mineral areas until approximately 2018. Pellet count data later supported this prediction when, in 2019, peaks of hare populations at mineral sites surpassed those at non-mineral sites.
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Townsend, Rachel, and William Merkle. Snowy plover monitoring in the Golden Gate National Recreation Area: Summary report 2015?2019. National Park Service, 2023. http://dx.doi.org/10.36967/2301403.

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This report summarizes results from five seasons, 2015?2019, of Golden Gate National Recreation Area?s western snowy plover (Charadrius nivosus nivosus) monitoring program. The goals of our monitoring program are to estimate trends in the overwintering snowy plover population size and distribution, as well as to track potential disturbance threats to snowy plovers. We surveyed Ocean Beach and Crissy Field for snowy plovers twice a week every other week, from 01-July 2015 to 13-May 2020. During each of the five years, we observed snowy plover counts that were higher than long-term average counts calculated from 1994 to 2019 on Ocean Beach, with a record maximum count of 106 plovers in 2015. We also observed higher-than-average numbers of snowy plovers on Crissy Field, ranging from a maximum count of six in 2017 to a record maximum count of 12 in 2019. Additional field seasons and analyses are necessary to determine population trends for these two beaches. Following recent use patterns at Ocean Beach, snowy plovers were primarily observed in the wider area of beach between Lawton and Lincoln streets. At Crissy Field, snowy plovers were only found in the Wildlife Protection Area to the east of the US Coast Guard pier. Leash non-compliance rates at Ocean Beach remain high, approaching 80% of dogs observed unleashed in the Snowy Plover Protection Area. In contrast, many fewer dogs?mostly on leash?were observed in the Wildlife Protection Area at Crissy Field, where the area is smaller and where National Park Service (NPS) staff installed protective fencing, entrance gates, and signage in 2010. Dog owners were often observed approaching Crissy Field?s fenced Wildlife Protection Area but turning back at the fence without entering. Continued low levels of compliance with leash regulations at Ocean Beach indicate a need to enhance outreach and enforcement actions related to off-leash dog walking.
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Weissinger, Rebecca. Evaluation of hanging-garden endemic-plant monitoring at Southeast Utah Group national parks, 2013–2020. Edited by Alice Wondrak Biel. National Park Service, 2022. http://dx.doi.org/10.36967/2294868.

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Hanging gardens are the most common type of spring at Arches National Park (NP) and Natural Bridges National Monument (NM). They are also present at Canyonlands National Park, but hanging gardens are rare off the Colorado Plateau. Their cliffside setting provides stable access to water without flood disturbance. This combination provides unique habitat that is rich in endemic plant species. The diffuse, seeping emergence of water makes measuring springflow impossible at most sites. Park managers have an interest in monitoring hanging gardens—especially as the climate warms and aridity and water demand both increase. The Northern Colorado Plateau Net-work (NCPN) proposed methods for monitoring seven perennial endemic-plant species at hanging gardens as indicators of spring health and proxies for water availability. Because hanging gardens occur on bedrock outcrops, systematic or random sampling was not possible due to safety concerns and potential resource damage on steep, wet slopes. Examining eight years (2013–2020) of data, this report evaluates the suitability of endemic-plant count data at hanging gardens as a monitoring indicator. It also provides our first evaluation of status and trends at NCPN hanging gardens. The seven species included in monitoring were Rydberg’s thistle (Cirsium rydbergii), Kachina daisy (Erigeron kachinensis), alcove death camas (Zigadenus vaginatus), alcove bog orchid (Habenaria zothecina), cave primrose (Primula specuicola), alcove columbine (Aquilegia micrantha), and Eastwood’s monkeyflower (Mimulus eastwoodiae). Six of the seven species were found at each park. Up to 500 individuals of each species were counted at 42 hanging gardens in Arches NP, 14 hanging gardens in Natural Bridges NM, and 3 hanging gardens in Canyonlands NP. Larger populations were divided into count classes of 501–1,000, 1,001–10,000, and more than 10,000 individuals. Counts from two independent observers and from back-to-back years of sampling were compared for repeatability. Repeatability in count classes was less than 50% for Kachina daisy and Eastwood’s monkeyflower, which both propagate vegetatively via ramets and/or stolons. Repeatability was greater than 90% for only one species, Rydberg’s thistle. The remaining species were categorized in different classes between 15–40% of the time. Independent-observer comparisons were only available for 6.6% of the dataset, but these observations suggested that (1) observer bias was present and (2) the observer with more experience working in hanging gardens generally had higher counts than the observer with less experience in this system. Although repeatability was variable, it was within the range reported by other studies for most species. The NCPN, in discussion with park staff, has elected to make some modifications to the protocol but will continue using endemic plant counts as an indicator of hanging-garden health to maintain a biological variable as a complement to our physical-response data. This is due to their high value to park biodiversity and the difficulty of developing a more robust approach to monitoring in these sites. Endemic-plant monitoring will continue for the five species with the highest repeatability during pilot monitoring and will focus on detecting changes in smaller populations. Most hanging gardens have more than one endemic species present, so several populations can be tracked at each site. Our period of record is relatively brief, and the distribution of endemic-plant populations in different count classes at these sites has not yet shown any statistical trends over time. Be-cause of the large count classes, our methods are more sensitive to showing change in smaller populations (fewer than 500 individuals). Small populations are also of greatest concern to park managers because of their vulnerability to declines or extirpation due to drought. Over-all, more sites had endemic-plant populations of fewer than 100 individuals at the end...
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Gervacio Jakabosky, Olivia. Effects of Road and Trail Characteristics on Mountain Grouse Observations in Western Montana. Montana State University, 2022. https://doi.org/10.15788/s2022.curio2.

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Anthropogenic features such as roads and trails, and human activity may affect space use, demography, abundance, and other wildlife population parameters. Human infrastructure and activity may result in biased population estimates by influencing habitat use of a species and thus abundance estimates within a localized area or the ability of biologist to detect individuals during standard population surveys. To evaluate the effects of anthropogenic features on mountain grouse detections, we developed and conducted replicated surveys throughout western Montana during 2020. Biologists and volunteers collected count data for dusky, ruffed, and spruce grouse during point counts surveys conducted at 582 sites and transect surveys conducted for 291 transects located throughout Montana Fish, Wildlife, and Parks Regions 1-5. Survey transects occurred along two types of human infrastructure: U.S. Forest Service roads with minimal traffic during the survey period and U.S. Forest Service trails. As a first step, we compared count data for road and trail transect surveys for each species of grouse. Overall, raw counts of dusky grouse were higher for transects located along trails (0.59 ± 1.07 SD grouse per transect) than roads (0.33 ± 0.91 SD). Raw counts of ruffed grouse were similar for transects located along trails (0.75 ± 1.42 SD) and roads (0.69 ± 1.55 SD). We did not have a sufficient sample size to evaluate spruce grouse counts.
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Guilfoyle, Michael, Ruth Beck, Bill Williams, et al. Birds of the Craney Island Dredged Material Management Area, Portsmouth, Virginia, 2008-2020. Engineer Research and Development Center (U.S.), 2022. http://dx.doi.org/10.21079/11681/45604.

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This report presents the results of a long-term trend analyses of seasonal bird community data from a monitoring effort conducted on the Craney Island Dredged Material Management Area (CIDMMA) from 2008 to 2020, Portsmouth, VA. The USACE Richmond District collaborated with the College of William and Mary and the Coastal Virginia Wildlife Observatory, Waterbird Team, to conduct year-round semimonthly area counts of the CIDMMA to examine species presence and population changes overtime. This effort provides information on the importance of the area to numerous bird species and bird species’ groups and provides an index to those species and group showing significant changes in populations during the monitoring period. We identified those species regionally identified as Highest, High, and Moderate Priority Species based on their status as rare, sensitive, or in need of conservation attention as identified by the Atlantic Coast Joint Venture (ACJV), Bird Conservation Region (BCR), New England/Mid-Atlantic Bird Conservation Area (BCR 30). Of 134 ranked priority species in the region, the CIDMMA supported 102 of 134 (76%) recognized in the BCR, including 16 of 19 (84%) of Highest priority ranked species, 47 of 60 (78.3%) of High priority species, and 39 of 55 (71%) of Moderate priority species for BCR 30. All bird count and species richness data collected were fitted to a negative binomial (mean abundance) or Poisson distribution (mean species richness) and a total of 271 species and over 1.5 million birds were detected during the monitoring period. Most all bird species and species groups showed stable or increasing trends during the monitoring period. These results indicate that the CIDMMA is an important site that supports numerous avian species of local and regional conservation concern throughout the year.
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Gutiérrez Fernández, Emilio, and Adrian Rubli. Challenges for Measuring the LGBT+ Population and Homophobia in Mexico. Inter-American Development Bank, 2023. http://dx.doi.org/10.18235/0004747.

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We contribute to understanding the challenges for estimating the size of the LGBTQ population and discriminatory sentiment against it by surveying 10,003 individuals, whom we randomize into a direct question or an Item Count Technique (ICT) elicitation group. The fractions of the population that self-identify as LGBTQ, that reports having had same-sex sexual experiences, and that has felt same-sex attraction are higher for our sample than those obtained from government surveys. However, the difference between estimates recovered from our direct questions and through the ICT does not always have the expected sign. The negative relationship between age and self-identifying as non-heterosexual is present both in the government survey and in our direct question sample but vanishes when measured with the ICT. The positive correlation between age and homophobic sentiment is present across samples and elicitation techniques. We find no significant variation in all measures for formal vs informal workers.
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Caballero, Julián. Banking Crises and Financial Integration. Inter-American Development Bank, 2012. http://dx.doi.org/10.18235/0011438.

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This paper explores whether the level of financial integration of banks in a country increases the incidence of systemic banking crises. The paper uses a de facto proxy for financial integration based on network statistics of banks participating in the global market of interbank syndicated loans. Specifically, the network statistics degree and betweenness are used to proxy for the de facto integration of the average bank in a country. The paper fits a count data model in the cross-section for the period 1980- 2007 and finds that the level of integration of the average bank is a robust determinant of the incidence of banking crises. An increased level of de facto integration as mea- sured by borrowing by banks is positively associated with the incidence of crises. A higher level of de jure integration (capital account openness) is also associated with a higher incidence of crises. However, the results also indicate that prudential banking regulation (supervision) plays a crucial and much larger role in reducing the incidence of crises. Interestingly, the results also show that the level of integration as measured by betweenness of the average bank has a negative effect on the incidence of crises. That is, the more important the average bank of a country is to the global bank network, the fewer the number of crises the country endures.
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