Academic literature on the topic 'Judicial Studies Board'

This article examines the increasingly prominent role specimen directions published by the Judicial Studies Board, and even some of the Board's teaching materials, now play in criminal cases. The specimen directions are virtually ignored in the academic literature, yet are symptomatic of those mildly dysfunctional systems that operate with autonomous juries. Evidence abounds that when summing up trial judges lean heavily upon these sometimes flawed materials, that appellate courts make extensive reference to them in their judgments, and that counsel's arguments are often directly shaped by them. Additionally, there is a significant dialogue being conducted between appellate courts and the Board. This article points up the extent to which the specimen directions have come to mediate UK criminal law and criminal evidence.

Judges summing up to juries in criminal cases must deliver directions on a wide range of issues, substantive and evidential. The Crown Court Bench Book, issued by the Judicial Studies Board, publishes specimen directions, designed to ensure that juries are correctly directed on the legal rules that they must apply to the facts. Judges were never meant to follow these directions ‘mechanistically’. Several decisions of the Court of Appeal would suggest otherwise. This article offers a critique of two recent decisions, involving good character directions, where the Court of Appeal has again enforced strict adherence, and argues for a greater degree of judicial autonomy.

Of the forces that have shaped contemporary American Catholic higher education, few have been more generative or influential than the proceedings of two court cases which tested the constitutionality of direct government aid to sectarian and church-related colleges and universities. These two court cases were Horace Mann League v. Board of Public Works (1966) and Tilton v. Richardson (1971). The impact of these judicial rulings over the radical transformation and substantive reform of American Catholic higher education during the past quarter of a century is the subject of this article.

Refugee claimants who have received a negative decision from the Immigration and Refugee Board sometimes seek judicial treview at the Federal Court in Canada. Previous statistical studies, in particular Sean Rehaag’s (2012) study, “The Luck of the Draw,” have reported that rejected refugee claimants seeking judicial review face low and inconsistent leave grant rates, with chances of success largely dependent on judge assignment. The present research looks beyond these quantitative findings to identify additional factors that may explain the troubling statistics. To this end, four researchers manually reviewed 50 leave applications submitted between 2005 and 2010 and included in Rehaag’s (2012) data set. The results of this qualitative analysis are disturbing: a significant number of rejected leave applications had been poorly prepared, and a number of facially strong cases were denied leave. These results suggest that leave grant rates could rise if the quality of legal representation were enhanced. They also indicate that rejected refugee claimants would benefit from clear and uniformly applied criteria for granting leave.

Purposethis research are: 1)To identify and analyze judicial review implementation of the resolution process code violations notary in Kendari. 2) To identify and analyze the barriers and solutions implementation settlement process code violations notary in Kendari.The method used by researchers isempirical approach juridical law and specification in this study were included descriptive analysis. As for sources and types of data in this study are primary data obtained from field studies with interviews with the Honorary Board and Notary in Kendari. And secondary data obtained from the study of literature. Based on the results of research thatJudicial review implementation of Resolution Process Notary Code Violations In Kendari is a sanction that can be imposed by the Council of Honor of the Notary who proved to have violated the code of conduct in the form of a notary deed outside the office is layoffs. Obstacles in the process of settlement of violations of the code of ethics Notary in Kendari that the number of notaries who are numerous, with wide working area, the lack of awareness of the Notary to abide by a code of ethics, and supplies obtained Notary is not enough for his education, and still overlapping control regulations code conduct between the Honorary Board and the Supervisory Council of Notaries. Meanwhile, the Assembly secretariat Supervisory namely the unavailability of a representative, a lack of budgetary funds to conduct surveillance and optimal development, lack of attention / concern of government, and the lack of moral / Notary in running UUJN behavior and Notary Code. To provide a solution for the finalization of code violations Notary in Kendari, namely to provide guidance, supervision, guidance and counseling.Keywords : Judicial Review; Settlement; Breach; The Code; Notary.

During the COVID-19 lockdown the initial British Government mantra of ‘Stay home. Protect the NHS. Save lives’, the ritualistic weekly public clapping for the National Health Service (NHS) and the overall tone of the media coverage led several commentators to raise the question of whether the NHS had become a religion. This question is legally significant. The question of whether the lockdown breached Article 9 has already been the subject of litigation. R (on the application of Hussain) v Secretary of State for Health [2020] EWHC 1392 (Admin) concerned the then prohibition on private prayer in places of worship. Swift J refused an application for interim relief to allow Friday prayers at Barkerend Road Mosque. Lockdown did infringe the claimant's Article 9 rights but this interference was only with one aspect of religious observance and the interference had a finite duration. The legitimate difference of opinion between the claimant and the British Board of Scholars and Imams was relevant to the question of justification. There was no real prospect that the claimant would succeed at obtaining a permanent injunction at trial because the pandemic presented ‘truly exceptional circumstances’ that meant that the interference would be justified on grounds of public health. Swift J was satisfied that there was a sufficiently arguable case to grant permission to apply for judicial review but he did not order that the claim be expedited. In Dolan, Monks and AB v Secretary of State for Health [2020] EWHC 1786 (Admin), an application of a judicial review of the lockdown regulations and schools closure was refused. However, in relation to Article 9, Lewis J adjourned consideration of this discrete issue because regulations had just been made that allowed communal worship which may have made the argument academic. English law provides the right to manifest religion or belief under the Human Rights Act 1998 and the right not to be discriminated against on grounds of religion or belief in relation to employment and the provision of goods and services under the Equality Act 2010. This raises the point: during the lifting of lockdown, when authorities require people to go back to their workplace or send their children to school, could individuals who refuse say they were legally entitled to decline on the basis that such a requirement breached their belief in protecting the NHS?

Purpose The purpose of this paper is to highlight the importance of independence principle of refund guarantees (RGs) and how to make the best of an arbitration clause in the guarantees so that a Korean shipbuilder, a guarantor and an export credit agency (ECA) may possibly protect themselves from buyers’ unlawful demand. Design/methodology/approach This paper firstly introduces a brief elucidation about RG and the concept of independence principle. By way of presenting factual backgrounds, legal and policy evaluation and analyses, this paper covered all issues and disputes arising out of one shipbuilding contract and the independent RG drawn from the shipbuilding contract, through in-depth cases studies of a judicial case on the matter of independence principle of RG between the beneficiary (the buyer or its assignee) and the guarantor reviewed by an English court, an arbitration case regarding whether the beneficiary (the buyer or its assignee) has any right of refund in the event of the acceptance of a repudiatory breach by the applicant (the builder) in the London Maritime Arbitrators Association, and the beneficiary (the buyer or its assignee)’s appeal to an English court against the award and a judicial case reviewing whether the guarantor has right of reimbursement in accordance with the terms of the export bond insurance with the Korean ECA. Findings While most RGs, in practice, are drawn as an independent guarantee which is payable on call without any evidence of default, there is another payment scheme in RGs, such as payment upon the submission of an arbitral award which may enhance the application of RGs in shipbuilding contracts. The paper suggested that under these circumstances, Korean builders may opt to make their shipbuilding contract be governed by Korean laws, with the Korean Commercial Arbitration Board as a competent arbitral jurisdiction and forum as far as possible. Originality/value This paper proposes prudent approaches and considerations in the issuance and application of RGs which are independent from shipbuilding contracts. The hope is to increase awareness in the utility of arbitration system as well as for fiduciary Korean banks and ECAs to play a more pivotal role in guiding shipbuilding industry stakeholders.

The exercise of diverse powers whether « administrative » or judicial or quasi-judicial by administrative bodies, raises many procedural issues. This article approaches them from a comparative point of view, hocking at selected cases from of Ontario and Quebec courts and the Federal Court of Canada. The cases studied concern the judicial control of administrative procedure followed by central institutions (that is, the Crown, governmental departments and administrative agencies, commissions or boards) in the three systems of law mentioned. A comparative approach permits us to identify existing trends in the immense body of day-to-day decisions made by the courts. Thus, with respect to the many procedural questions raised by administrative and governmental decision-making, elements of convergence or divergence can be identified in the judicial answers given to practical issues.

Abstract Background: Heavy menstrual bleeding (HMB) occurs frequently in adolescent females and a significant proportion have an underlying bleeding disorder. As diagnostic techniques for platelet function disorders (PFD) improve, these disorders are now recognized to commonly cause HMB and may be as prevalent as von Willebrand disease. Limited data exists about the prevalence of PFD in adolescents with HMB. Even less is reported on management and treatment outcomes in patients with HMB and PFD. HMB can negatively impact quality of life and cause serious adverse effects. In order to appropriately treat heavy menstrual bleeding in adolescent females with PFD, more information is needed about the prevalence, clinical manifestations, and management of these patients. Objectives: To evaluate the prevalence, clinical features, management, and outcomes of HMB in adolescent females with platelet function disorders Methods: A retrospective, single center chart review was performed of female patients aged 9-21 years with HMB and a diagnosed PFD treated at a tertiary care pediatric hospital from January 1, 2000 until December 31, 2017. Heavy menstrual bleeding was defined as menses lasting longer than 7 days, use of 8 or more pads or tampons per day during menstrual cycle, pictorial bleeding assessment chart score greater than 100, or symptomatic anemia. Patients were identified from our Hemophilia Treatment Center (HTC) registry, review of patients seen at a comprehensive clinic staffed by pediatric hematologists and gynecologists for adolescent females with HMB and bleeding disorders, and by an Electronic Medical Record (EMR) query of admission and discharge diagnoses of HMB and anemia. Data obtained included demographics, clinical features, laboratory results, treatment modalities, and outcomes. Results: 41 patients with PFD who achieved menarche were identified. 36 of these (88%) met criteria for HMB. The median age at presentation of HMB was 14 years (range 10-18). 35/36 patients had documented abnormal platelet aggregometry (PA) and the majority of patients (27/35) had at least 2 sets of abnormal PA. All patients were diagnosed with non-specific PFD. 15 of the 36 patients (41%) required hospitalization and packed red blood cell transfusion for severe anemia at time of presentation. Mean and median hemoglobin at presentation of HMB respectively were 9.5 gm/dL and 11.3 gm/dL (range 3.1-14.8) and 21 patients (58%) were anemic at presentation. 26 patients had ferritin obtained at presentation and 18 (69%) were iron deficient using our lab's reference range of ferritin less than 13 ng/dL. Half of the patients (18/36, 50%) failed first-line treatment. Successful first-line treatment included hormonal therapy alone (4 patients), hemostatic therapy alone with tranexamic acid (4 patients), hormonal plus hemostatic therapy (7 patients), and intra-uterine device plus hemostatic therapy (1 patient). The mean duration of HMB until report of resolution was 8.2 months (median 5 months; range 1-24). 8% (3/33) of patients reported continued HMB at last documented clinic visit. Conclusions: HMB occurred in the majority of adolescent female patients with PFD. These patients were frequently anemic and iron deficient. Severe and life-threatening anemia requiring hospitalization and packed red blood cell transfusion was common. First line treatment of HMB was not uniform and failed in 50% of the patients. Prospective studies are needed to standardize treatment of HMB in adolescents with PFD. Disclosures Carpenter: Kedrion Pharmaceuticals: Membership on an entity's Board of Directors or advisory committees; Bayer: Honoraria; CSL Behring: Speakers Bureau; Kane County State's Attorney: Consultancy; National Hemophilia Foundation (Impact Education): Speakers Bureau; HEMA Biologics: Consultancy; Novo Nordisk: Consultancy; Nationwide Children's Hospital: Speakers Bureau; American Academy of Pediatrics: Membership on an entity's Board of Directors or advisory committees, Speakers Bureau; Genentech Incorporated: Membership on an entity's Board of Directors or advisory committees; Kedrion Biopharmaceuticals: Consultancy; 4th Judicial District Attorney's Office- Colorado: Consultancy; Novo Nordisk Pharmaceuticals, Inc: Consultancy.

The purpose of this chapter is to demonstrate the importance of tax risk management in mergers and acquisitions processes by conducting an investigative work called due diligence. To achieve this objective, bibliographic and documentary research was used, as part of exploratory research. In topic 1 it is evidenced that the complexity of tax systems around the world has demanded increasing attention from companies to avoid undesirable cash disbursements for payment of infringement notices arising from questioning by tax authorities related to improper procedures of companies when paying taxes. Additionally, it has required them to be diligent in identifying lawful tax planning alternatives to optimize the tax burden on their operations. In topic 2 the responsibility of company administrators in the management of tax risks is exposed. Topic 3 explains the importance of accounting, tax and legal due diligence in merger and acquisition processes. Finally, topic 4 analyzes the main aspects of due diligence in the tax area. In view of all the exposed in this chapter, it will remain clear to readers the importance of the tax due diligence of the target company, as a way to minimize risks in the decision-making process of the managers of the purchasing company that may compromise the success of the merger and acquisition operation, as well as not subjecting them to administrative and judicial suits, for non-compliance with their fiduciary duties of diligence and loyalty in relation to the company of which they are executives. Additionally, the study’s results suggest that companies—in compliance with the guidelines and limits set by the board—choose the appropriate and specific techniques of risk management, especially those related to minimization, immunization, and transferring these risks. The recommendations derive from the need to identify and manage tax risks, from the point of view of good corporate governance practices. This study may serve as a reference to companies in general, when studying, developing, and implementing recommendations for the identification and minimization of tax risks, as well as in the development of a work program that allows them to conduct due diligence work in target companies.