Relevant bibliographies by topics / Massachusetts. Superior Court Department

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Academic literature on the topic 'Massachusetts. Superior Court Department'

Author: Grafiati
Published: 4 June 2021
Last updated: 4 March 2023

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Journal articles on the topic "Massachusetts. Superior Court Department"

1

Hull, N. E. H., and Peter E. Russell. "His Majesty's Judges: Provincial Society and the Superior Court in Massachusetts, 1692-1774." American Journal of Legal History 36, no. 2 (April 1992): 232. http://dx.doi.org/10.2307/845874.

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2

Haycock, Joel. "Comparative Suicide Rates in Different Types of Involuntary Confinement." Medicine, Science and the Law 33, no. 2 (April 1993): 128–36. http://dx.doi.org/10.1177/002580249303300208.

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In the past decade especially, a number of studies have appeared on suicide among court-involved persons, chiefly in jail and prison remand settings, and to a lesser degree among longer-term prisoners. Confinement is not everywhere equally suicidogenic, and the types of people who find themselves confined do not represent uniformly high risk groups. This article reports on rates of completed suicides over long periods of time in two very different US institutions operated by the Massachusetts Department of Correction: the Addiction Centre and its antecedent faculties (1886–1990); and the Defective Delinquent Department (1922–1971). For perspective, the paper compares suicide rates among its two populations to rates for other very distinctive institutions operated by the Massachusetts Department of Correction, the Bridgewater State Hospital and the Massachusetts Treatment Centre for Sexually Dangerous Persons. The results are remarkable for the rarity of suicide in three distinct populations—the Addiction Center, the Defective Delinquent Department and the Treatment Center for Sexually Dangerous Persons—but considerably higher rates in the State Hospital, a population often dismissed as “criminally insane.” The possible significance of these results for debates about “importation” versus “deprivation” explanations of custodial suicide is discussed.
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Merenda, Peter F. "Substantive Issues in the Soroka V. Dayton-Hudson Case." Psychological Reports 77, no. 2 (October 1995): 595–606. http://dx.doi.org/10.2466/pr0.1995.77.2.595.

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The Soroka v. Dayton-Hudson case is popularly known as the “Target” case because it was the Target Department Stores against whom the case was filed as a class action by S. Soroka on September 7, 1989, in the Superior Court, Alameda County, California Involved in the case as a major issue were the charges by the plaintiffs that the Rotlgers Condensed CPI-MMPI (RCCM), used in the pre-employment screening of applicants for Store Security Officer, violated the applicants' rights to privacy which are protected by the Constitution of the State of California. Also sought by the plaintiffs were sanctions against unfair discriminatory application of tests and subjugation of the applicants to inquiries regarding sexual orientation and religious beliefs. The parties reached an out-of-court settlement on September 23, 1993. The substantive issues relating to sound test theory and test practices are discussed along with a review of the court proceedings.
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Leite, Víitor Ferreira, Carla Araújo, Teresa Cartaxo, Luísa Veiga, and Mário Jorge Loureiro. "No Superior Interesse da Criança: Os Contributos da Pedopsiquiatria." Acta Médica Portuguesa 30, no. 10 (October 31, 2017): 675. http://dx.doi.org/10.20344/amp.8579.

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Introduction: Child and Adolescent Forensic Psychiatry involves a multidisciplinary assessment at the courts’ requested to assist them in the process of justice delivery.Material and Methods: Retrospective study which included 233 forensic requests to two child and adolescent psychiatrists from Coimbra’s HP-CHUC Child and Adolescent Psychiatry Department between 1998 and 2012.Results: Biographic, psychopathology, social and family aspects were analyzed. The response time throughout the process, the origin and nature of the request’s and the type of process which originated the request were also assessed. The authors identified the involved professionals and whether they needed to go to court. When there were questions, they evaluated the capacity to answer them, the forensic difficulties and solutions found, and the presence of recommendations.Discussion: The obtained results met the clinical experience and literature regarding demography and psychopathology. As for the difficulties, there were a number of aspects which could be improved by both parts, aiming to ameliorate the articulation between Health and Justice.Conclusion: With this study it was possible to reflect on the authors forensic practice, in order to develop a closer partnership with the courts to promote the real ‘best interests’ of children/adolescents and their families.
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Gaduš, Ján. "Protest of the Prosecutor as a Tool of Agricultural Land Protection." EU agrarian Law 6, no. 2 (December 1, 2017): 56–60. http://dx.doi.org/10.1515/eual-2017-0008.

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Abstract The prosecutor’s protest is a legal mean by which the prosecutor supervises the observance of law by public authorities. District offices, cadastral departments decide on the deposit of property rights to real estate, as well as on ownership rights to agricultural land, and also decide on the protest of the prosecutor. If the relevant District office, cadastral department, or its superior authority does not remove the non–compliance by issuing a decision or a measure that complies with the law, the prosecutor may bring the case to court. The court may annul the contested decision or measure. The aim of the paper is to collect and analyse data and evaluate the institute of prosecutor’s protest as an effective tool of agricultural land protection in connection with its acquisition or transfer. The paper compares the individual years in the observed period of time and also compares different regions in Slovakia. The result is a comparison and evaluation of the observed time periods.
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Muller, EC, and CL Nel. "A critical analysis of the inefficacy of Court-Annexed Mediation (CAM) in South Africa – lessons from Nigeria." Journal for Juridical Science 46, no. 2 (December 9, 2021): 25–54. http://dx.doi.org/10.18820/24150517/jjs46.i2.2.

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As a result of defects in the South African civil justice system, the Department of Justice and Constitutional Development introduced voluntary court-annexed mediation (CAM) in the magistrates’ courts in 2014. CAM was chosen under the broader need for greater access to justice because it has the potential to make dispute resolution efficient, amicable, and affordable. It can, therefore, contribute to access to justice for all members of society. Since the amendment of the Magistrates’ Court Rules to provide for CAM, the uptake of mediation in terms of the CAM system has unfortunately been inadequate. The aim of this article is to identify reasons for the inefficacy of CAM since its implementation. We use normative research to critically analyse existing court rules and authority. We conclude that there are several reasons for CAM’s inefficacy which are elucidated in the main text. It is important to understand these reasons, as the legislature presents CAM as a mechanism to improve access to justice. From this platform, we evaluate the mechanisms for court-connected alternative dispute resolutions provided by the Nigerian Multi-Door Courthouse (MDC) system. This reveals policies and practices that could potentially improve the efficacy of CAM in South Africa, as these relate to the factors identified as impediments to the optimal functioning of CAM in our civil justice system. As such, we identify valuable lessons that can be learned from this comparison. Building hereon, and on the conclusions reached elsewhere in the article, we postulate that the mediation scheme, as contemplated by Rule 41A of the Uniform Rules of Court (as applied in the superior courts), should also be implemented in the magistrates’ courts. The article concludes that improving CAM in South Africa is of critical importance to advancing access to justice and departing from a culture of conventional adversarial dispute resolution.
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Muniapan, Balakrishnan. "The Industrial Law and Right to Retrench in Malaysia from a Human Resource Management Perspective." International Journal of Asian Business and Information Management 4, no. 2 (April 2013): 1–15. http://dx.doi.org/10.4018/jabim.2013040101.

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This paper explores the legal right to retrench employees from a human resource management perspective in Malaysia. The paper is based on the analysis of the relevant statues on retrenchment such the Employment Act 1955, The Industrial Relations Act 1967, the Employment (Termination and Lay-Off Benefits) Regulations 1980 and the Code of Conduct for Industry Harmony 1975. The author has also used criterion based sampling of the Industrial Court and Superior Court awards to analyze retrenchment cases and to provide recommendations to human resource management practitioners. Findings from these cases analyses reveal that many of the retrenchment awards were made against the employers due to poor selection of workforce for retrenchment, and the handling of the retrenchment exercise itself which violated the relevant statutes and the established procedures. The author suggests that retrenchment should not be viewed as a reactive but a proactive exercise, which begins with effective human resource planning aligned with the organizational strategic plan. The retrenchment exercise should also need be seen as a last resort when limiting recruitment, reduction in working hours, helping the employees (workmen) to find alternative employment, encouraging early retirement, offer of voluntary separation scheme (VSS) and other measures have been exhausted. The author hopes with many proactive measures, taken by employers in the management of retrenchment, the number of unfair retrenchment claims made to the Industrial Relations Department will be reduced.
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Monteiro, Nathalie Barbosa Reis, Ana Keuly Luz Bezerra, José Machado Moita Neto, and Elaine Aparecida da Silva. "Mining Law: In Search of Sustainable Mining." Sustainability 13, no. 2 (January 16, 2021): 867. http://dx.doi.org/10.3390/su13020867.

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Mining is an activity that generates inputs to different production chains, making it essential for any country’s development. However, it causes environmental, economic, and social impacts that must be considered. The Mining Law provides guidelines, through laws and regulations, so the activity can be carried out in an environmentally, economically, and socially sustainable way. In this paper, an analysis was conducted of the application of some peculiar characteristics of Brazilian Mining Law (locational rigidity, priority granting, among others) according to the parameters established in the Federal Constitution, in the Mining Code and its updates, and in the National Department of Mineral Production, Environment Ministry, and Mines and Energy Ministry normative acts. Moreover, the Superior Court of Justice Jurisprudence was analyzed to understand how the Mining Law is applied, in practice. It was verified that the Brazilian legislation is not perfect, but it has mechanisms to protect and benefit the miner, the society, and the environment. However, there are many shortcomings like the lack of speed in judging processes and the flaws in the applicability of some principles that compromise sustainability in the activity’s development, especially regarding the environmental and social liabilities left after mine closure.
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9

Alves, Mickael Ferreira. "Teoria Geral do Processo: Um Estudo a Luz Fílmica de “A Civil Action”." Revista de Ciências Jurídicas e Empresariais 22, no. 2 (December 14, 2021): 75–81. http://dx.doi.org/10.17921/2448-2129.2021v22n2p75-81.

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ResumoEste filme aborda com riqueza de detalhes a dinâmica e as estratégias de um escritório de advocacia ao escolher meticulosamente as ações ajuizadas pelo advogado Jan Schlichtmann. Jan resolve juntamente com sua equipe pegar uma causa em que representa 8 famílias, todavia, em virtude das empresas Wr Grace e Beatrice CO, seus filhos morrem por conta de substâncias cancerígenas que foram despejados na água em que abastecia o lugar em que moravam as famílias, em Woburne Massachusetts, ocasionando a morte de várias crianças por leucemia. Como objetivos, o presente estudo abordou através de um caso para ensino nas turmas de segundo período do curso de direito na Faculdade Pitágoras de Belo Jardim, na disciplina de teoria geral do processo com a utilização pelo professor do filme “A Civil Action” para tratar em sala de aula os aspectos envolvendo questões como princípios do processo civil, jurisdição, tutela satisfativa, bem como as instruções processuais como a tomada de depoimentos, produção de provas, laudos, avaliações periciais e oitivas de testemunhas. O estudo caracterizou-se por ser uma pesquisa bibliográfica, de caráter explicativo, com um estudo de caso realizado em sala de aula. Dessa forma nas conclusões percebe-se que com a ajuda do filme o professor pode abordar a questão da busca pela tutela jurisdicional pelos mais necessitados, ressalvando que não basta somente ter um bom processo para atuar, necessita-se ainda de recursos financeiros para recorrer para uma instância superior e buscar um acordo o mais rápido possível. Esta questão atualmente é mais fácil de ser contornada, com a busca pelo Novo Código de Processo Civil de procurar outros métodos mais céleres e econômicos de solução dos conflitos e com o Princípio do Acesso à Justiça, consagrado no artigo 5°, LXXIV da Constituição Federal, facilitando para àqueles que não tenham condições poderem ter seus pedidos julgados pelo Estado-Juiz. Palavras-chave: Ação. Causa. Jurisdição. Processo. AbstractThis film deals in great detail with the dynamics and strategies of a law firm by meticulously choosing the actions filed by lawyer Jan Schlichtmann. Jan decides together with his team to take up a cause in which he represents 8 families, however, due to the companies Wr Grace and Beatrice CO, their children die from carcinogens that were dumped in the water that supplied the place where the families lived. , in Woburne Massachusetts, causing the death of several children from leukemia. As objectives, the present study approached through a case for teaching in the second period classes of the law course at Faculdade Pitágoras de Belo Jardim, in the subject of general theory of process with the use by the teacher of the film "A Civil Action" to deal with in the classroom, aspects involving issues such as principles of civil procedure, jurisdiction, satisfactory guardianship, as well as procedural instructions such as taking statements, producing evidence, reports, expert evaluations and hearings from witnesses. The study was characterized by being a bibliographical research, with an explanatory character, with a case study carried out in the classroom. Thus, in the conclusions, it is clear that with the help of the film, the teacher can address the issue of the search for jurisdictional protection by the most needy, noting that it is not enough just to have a good process to act, it is also necessary to have financial resources to resort to a higher court and seek agreement as soon as possible. This issue is currently easier to be circumvented, with the search for the New Code of Civil Procedure to seek other faster and more economical methods of conflict resolution and with the Principle of Access to Justice, enshrined in Article 5, LXXIV of the Federal Constitution , making it easier for those who are not able to have their requests judged by the State-Judge. Keywords: Action. Cause. Jurisdiction. Process.
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NIȚĂ, ANCA-JEANINA. "Legislative and jurisprudential guidelines concerning public judicial aid. Jurisprudence of Constitutional Court of Romania relevant in the field." Revista de Drept Constituțional, 2018, 27–40. http://dx.doi.org/10.47743/rdc-2018-2-0002.

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This article aims to bring to the forefront the issue of public legal aid by carrying out an analysis that combines the theoretical perspective with the jurisprudential one. It presents the normative framework, the doctrinal approaches, the legal practice in the field, with emphasis on the legal provision that generated non-unitary practice. The article presents the attempts to harmonize the legal practice, displaying the opinions expressed during the Meetings of the representatives of the Superior Council of Magistracy with the presidents of the civil department of the High Court of Cassation and Justice and the courts of appeal. Taking into account that public legal aid is one of the prerequisites for free access to justice – fundamental law, constitutionally guaranteed, it is particularly important to present the case law of the Romanian Constitutional Court in the matter, focusing on the acceptance of ECHR case law within the constitutional control of the public legal aid framework regulation – Government Emergency Ordinance no. 51/2008.
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Dissertations / Theses on the topic "Massachusetts. Superior Court Department"

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Ray, Brandan. "America Supports Love: The History of Goodridge v. Department of Public Health." Thesis, Boston College, 2015. http://hdl.handle.net/2345/bc-ir:104224.

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Thesis advisor: Alan Rogers
Until the late 20th century marriage in the United States meant "the legal union of a man and a woman as husband and wife." In 2003, this was forever changed when the Massachusetts Supreme Judicial Court found a state law barring marriage between two individuals of the same sex unconstitutional in Goodridge v. Dept. of Public Health (2003). The case triggered a legal and social transformation for LGBT civil rights. Same-sex marriage has become one of the most widely discussed legal topics in the past ten years. This thesis examines the content, context, and significance of this particular case and the effect it has had on the American legal and cultural landscape
Thesis (BA) — Boston College, 2015
Submitted to: Boston College. College of Arts and Sciences
Discipline: Departmental Honors
Discipline: History
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Books on the topic "Massachusetts. Superior Court Department"

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Fabricant, Judith. Reflections of the justices. Edited by Supreme Judicial Court Historical Society (Mass.) and Massachusetts. Superior Court Department. Boston, Mass: Supreme Judicial Court Historical Society, 2009.

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2

Massachusetts. Department of the State Auditor. State auditor's report on the activities of the Berkshire Juvenile Probation Division - District Court Department, July 1, 1986 to June 30, 1987. Boston: Commonwealth of Massachusetts, Auditor of the Commonwealth, 1987.

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Bayer, Michael J. Pretrial litigation primer 2013. Boston, MA: MCLE New England, 2013.

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H, Bohn Robert, ed. Massachusetts Superior Court criminal practice forms. Boston, MA: MCLE, 1999.

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H, Bohn Robert, Ball Carol S, Angier David A, and Massachusetts Superior Court, eds. Massachusetts Superior Court criminal practice manual. Boston, MA: Massachusetts Continuing Legal Education, 1999.

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A, Chernoff Paul, Angelini Michael P, Massachusetts Superior Court, and Massachusetts Continuing Legal Education, Inc. (1982- ), eds. Massachusetts Superior Court civil practice forms. Boston: Massachusetts Continuing Legal Education, 1997.

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A, McIntyre Frances, Brandt Eric S, and Massachusetts Superior Court, eds. Massachusetts Superior Court criminal practice jury instructions. Boston, MA: Massachusetts Continuing Legal Education, 1999.

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F, Brady Patrick, Butler Elizabeth, Mirick John O, and Anderson Stephen D, eds. Massachusetts Superior Court civil practice jury instructions. Boston: Massachusetts Continuing Legal Education, 1998.

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9

Court, Massachusetts Supreme Judicial. In the matter of the Boston Municipal Court, Department of the Trial Court. Boston]: The Court, 1990.

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Carney, J. W. Trial evidence for Superior Court cases: Essential evidence for the trial lawyer. Boston, MA: MCLE, 1993.

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Book chapters on the topic "Massachusetts. Superior Court Department"

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Rosenfeld, Michael J. "The Early 2000s." In The Rainbow after the Storm, 131–44. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197600436.003.0009.

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Chapter 9 tells the story of Lawrence v. Texas, the 2003 Supreme Court decision that finally struck down the remaining state laws that criminalized sodomy. In 2004 Massachusetts became the first state in the U.S. to have marriage equality, following the state supreme court decision in Goodridge v. Department of Public Health. Opponents of gay rights fought furiously to overturn marriage equality in Massachusetts, but once straight people saw that marriage equality cost them nothing, the opposition faded away. Gay rights groups in Massachusetts prevailed despite having many institutional disadvantages. In California in 2008, Proposition 8 was passed by voters to reintroduce a same-sex marriage ban.
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"Mental Health and Drug Treatment Need vs. Capacity." In Community Risk and Protective Factors for Probation and Parole Risk Assessment Tools, 108–23. IGI Global, 2020. http://dx.doi.org/10.4018/978-1-7998-1147-3.ch009.

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In 2018, the local District of Columbia auditor found that a section of the Department of Behavioral Health that performed psychiatric evaluations had significant staff turnover and long-standing position vacancies and that there had been a several-week period when approximately one-fourth of the Division's full-time positions were vacant. As a result, the Department's psychiatric evaluation waitlist grew, delaying many defendants' evaluations beyond the statutorily permissible timeframe. When the problem persisted, DC Superior Court judges threatened contempt citations. Moreover, the Department relied on a network of small to mid-sized nonprofit agencies to provide the vast majority of public behavioral health services. However, many of these nonprofits had experienced lengthy delays in reimbursement stemming from the Department of Behavioral Health's billing software, and some were forced to close. These circumstances suggested the CSOSA clients would have been unlikely to have received mental health treatment.
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Goldstein, Inge F., and Martin Goldstein. "Cancer From The Landfill?" In How Much Risk? Oxford University Press, 2002. http://dx.doi.org/10.1093/oso/9780195139945.003.0013.

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In the first chapter we described several clusters of childhood cancers discovered by concerned residents of Woburn, Massachusetts, of Toms River, New Jersey, and of the Pelham Bay section of the Bronx, New York City. The residents in Pelham Bay blamed the cluster on a landfill nearby, in which hundreds of thousands of gallons of toxic chemicals, including waste oil sludges, metal plating wastes, lacquer, cyanides, ethyl benzene, toluene, and other organic solvents had been illegally dumped. This had been reported by an employee of the chemical company responsible, in testimony before a Congressional investigation of crime, and was never directly confirmed. Residents of the community had obtained a court order that stopped dumping in 1978, before the testimony about toxic wastes had been given. The story of this cancer cluster—both how it was discovered and what conclusions were reached about its causes—is typical of thousands of clusters reported each year to health authorities throughout the United States. After the alarm in Pelham Bay was sounded by the mother of a child with leukemia, ten years after dumping ceased, the New York City Department of Environmental Protection (NYCDEP) made measurements of hazardous chemicals in the air around the landfill, but found no significant amounts. The drinking water of the community came from the general New York City water supply system, so seepage from the landfill into the groundwater was not a possible route of exposure. It was concluded that by the time the measurements were made the landfill was no longer a threat to health. What the situation may have been in the past, during the time of dumping and just after, could no longer be known. After dumping had been stopped in 1978, the NYCDEP had covered the 150-foot-high mound of garbage, refuse, street sweepings, construction debris, and household and commercial waste, along with whatever may have been illegally dumped there, with a thin layer of soil. It was a hasty job, and it did not last. The soil cover cracked and eroded, washing away all the faster because of the steep slopes of the mound.
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