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1
Lake, Robert J. "The Wimbledon Championships, the All England Lawn Tennis Club, and “Invented Traditions”." International Journal of Sport Communication 11, no. 1 (March 1, 2018): 52–74. http://dx.doi.org/10.1123/ijsc.2017-0094.
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The Wimbledon Championships, staged annually at the All England Lawn Tennis Club (AELTC), is a British sporting event of great social significance. Its popularity stretches beyond the high standards of tennis on display to what it seems to represent culturally for many people. Wimbledon’s public image has been carefully constructed over the years, with consideration given to how the players look, behave, and play; the appearance of the courts and AELTC grounds; the refreshments; its corporate partners; and its relationship to television and media generally. This study suggests that many of these aspects, including Wimbledon’s fashions and the all-whites clothing rule, the grass courts, the strawberries and cream and Pimm’s, the royal box, “Henman Hill,“ and the eulogizing of Fred Perry, conform to Eric Hobsbawm’s concept of “invented traditions.” Through analysis of Wimbledon’s subtle branding and constructed public image, as gleaned from testimonies from AELTC executive-committee members and high-profile Wimbledon officials, this article discusses how these invented traditions serve various functions for the AELTC, namely, to establish social cohesion among an “imagined community” of Wimbledon fans, to legitimize Wimbledon’s high status globally, and to inculcate beliefs, value systems, and behavioral conventions in tandem with Wimbledon’s nostalgia for its amateur “golden age.”
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Morgan, Roger. "Timber tennis courts of the sixteenth century." International Journal of the History of Sport 6, no. 3 (December 1989): 378–88. http://dx.doi.org/10.1080/09523368908713706.
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Milenkovic, Sanja, Goran Belojevic, and Radojka Kocijancic. "Social aspects of left-handedness." Srpski arhiv za celokupno lekarstvo 138, no. 9-10 (2010): 664–67. http://dx.doi.org/10.2298/sarh1010664m.
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Throughout human history left-handedness has been considered as sinful. It has been associated with the devil, weakness, female gender, unhealthiness, evil, something that has to be turned to a ?good? - right side by force. Left-handedness is being more and more acceptable at rational level, but in everyday life it is still considered to be unusual if someone writes with the left hand. Lessening of the number of lefthanders is associated with ageing. There are about 13% lefthanders among people in twenties and less than 1% lefthanders among those in eighties. This finding may be explaned with more pronounced socio-cultural pressure on left-handed people in the past, compared to nowadays. On the other hand, this may also support the hypothesis about a reduced life span of lefthanded people. With cross-exercising of left-handedness, certain typical characteristics and behavioral patterns appear in these people. This was a sort of provoked behavior and an attack on the integrity of an emotional attitude toward oneself. Stuttering may also appear as a consequence of unsuccessful cross-exercising of left-handedness. The hypothesis about left-handedness as an advantage is supported with the reports about relatively more lefthanders in some specific groups such as: mathematicians, sculptors, architects, painters, musicians, actors, tennis players, as well as famous army commanders and rulers.
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Akagawa, Yuzo, Yasutoshi Matsumoto, and Mitsuyoshi Zaizen. "The inspection of actual runoff control facilities five years after construction." Water Science and Technology 36, no. 8-9 (October 1, 1997): 373–77. http://dx.doi.org/10.2166/wst.1997.0695.
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This report describes runoff control facilities (five years after construction) which are basically an athletic field consisting of tennis courts, constructed in an area of about four hectares in Tokyo. The report is divided into three parts. The first part deals with the social background of the fact that the athletic field has come to have runoff control functions. The second part concerns the summary of these facilities, and then the last part relates to the effects of runoff control. Concerning the effects of the facilities, the return period of design rainfall for runoff control facilities is ten years, but stormwater has been stored on the tennis courts twice in five years after construction. Though these two cases of rainfall were very extraordinary, as the outcome of the inspection of the runoff control facilities we were able to confirm the effects of runoff control by means of simulating under the condition of those two cases of rainfall. In addition, we were able to confirm the effect of groundwater cultivation by means of researching the transition of the groundwater table.
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Paul Roetert, E., Mark Kovacs, Miguel Crespo, and Dave Miley. "The role of tennis in developing physical literacy." ITF Coaching & Sport Science Review 24, no. 69 (August 31, 2016): 3–5. http://dx.doi.org/10.52383/itfcoaching.v24i69.184.
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Tennis may just be the perfect sport along the journey of physically literacy. Few sports can claim all the lifelong benefits that tennis provides. These benefits include physical, psychological, social and emotional aspects that lead us to achieving the competence, confidence and desire to enjoy physical activities for a lifetime. That is exactly what physical literacy is all about. Tennis can be played at almost any age in multiple environments, requires only one partner to play with, has multiple health benefits and certainly provides players with significant enjoyment while competing.
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Sánchez-Pay, Alejandro, Gema Torres-Luque, David Sanz-Rivas, and Javier Courel-Ibáñez. "The use of bounce in professional wheelchair tennis." International Journal of Sports Science & Coaching 15, no. 3 (March 25, 2020): 375–81. http://dx.doi.org/10.1177/1747954120912372.
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The purpose of this study was to determine the influence of the use of bounce on performance in wheelchair tennis. Data pertaining to all the hits on the ball ( n = 4021) were recorded from 16 men’s singles professional matches. Performance parameters regarding to players’ skill level (high- and low-ranked) the game situation (players and the serve-return situation), technical-tactical aspects (hitting side), and outcome (stroke and point outcome) were included in multivariate regression and decision tree models. The results determined that the skill level ([Formula: see text] = 7.164, p > 0.01) and stroke outcome ([Formula: see text] = 14.099, p > 0.01) were the main predictors of the number of bounces, with high-ranked players using more bounces than the low-ranked. Stroke outcome was the main distinguishing factor of the use of bounce ([Formula: see text] = 51.424, p < 0.01, V = 0.08), with a greater use of zero bounces in winners and errors, one bounce in rallies, and two bounces in winners. These findings should be taken into consideration by coaches to design specific training systems according to the requirements from wheelchair tennis.
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Kovalev, Artem Aleksandrovich. "Participation of the prosecutor in consideration of civil cases by the courts of appeal." Право и политика, no. 4 (April 2021): 1–9. http://dx.doi.org/10.7256/2454-0706.2021.4.35399.
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The object of this research is the social relations that emerge in the context of participation of the prosecutor in consideration of civil cases by the courts of appeal, as well as the problematic aspects of the exercise of his powers in consideration of such cases. The author analyzes the essence of prosecutor's participation in consideration of civil cases by the courts of appeal, and the possibility of attributing such participation to one of the forms of prosecutor’s participation in consideration of civil cases by the courts. The subject of this research is the case law materials, legislative norms that regulate the indicated social relations, as well as the developed positions pertaining to the essence and separate aspects of the prosecutor's participation in consideration of civil cases by the courts of appeal. The prosecutor’s participation in the appellate instance has traditionally been the subject of research among legal scholars; this is associated to the specifics of this institution, that incorporates the elements of consideration of cases by the courts of first instance and their revision, which, in turn, generates discussions on the composition and procedure for the exercise of powers of the prosecutor participating in the appellate instance. At the same time, such research mostly dealt with participation of the prosecutor in consideration of criminal cases by the courts of appeal, while the problematic aspects of prosecutor’s participation in consideration of civil cases by the courts of appeal remained virtually unstudied, which defines the novelty of this work. The author formulates recommendations on the amendments to the current legislation on the forms of prosecutor’s participation in consideration of civil cases by the courts and the procedure for participation in consideration of civil cases by the courts of appeal, the implementation of which would allow the prosecutor’s office to achieve the goal of protection of citizens’ rights and optimization of consideration of civil cases by the courts of appeal.
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McLaughlin, Robert H. "From the Field to the Courthouse: Should Social Science Research Be Privileged?" Law & Social Inquiry 24, no. 04 (1999): 927–65. http://dx.doi.org/10.1111/j.1747-4469.1999.tb00410.x.
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Social scientists need clarification about the extent to which the confidential aspects of their research are protected from compulsory disclosure in legal proceedings, and the extent to which they ought to be. Investigating the nature of social science research with an emphasis on researcher-participant relationships in ethnographic practice, I conclude that a qualified privilege would confer three major benefits on social science researchers: confidence that the government will not unnecessarily interfere with research, facilitation of improved researcher-participant relationships, and increased accuracy, thoroughness, and reliability of research data. I also discuss the development of privilege and confidentiality issues in practical research contexts through an examination of two criminal cases in which social science researchers refused to divulge the confidential information obtained in the course of research. Finally, I discuss the possible formulations of a scholarly research privilege. This is especially important because courts have cast social scientists as members of the larger community of academic or scholarly researchers with respect to these issues. Potential sources of protection include state journalist protection laws, federal common law, and federal statutory law. Evaluation of these sources and the case law to which they correspond suggests that developing common law privileges in state and federal jurisprudence is the most promising means of affording the confidential aspects of social science research legal protection. As researchers continue to press privilege issues in state and federal courts, these courts should recognize a qualified research privilege accordingly.
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Dolash, Karry, Meizi He, Zenong Yin, and Erica T. Sosa. "Factors That Influence Park Use and Physical Activity in Predominantly Hispanic and Low-Income Neighborhoods." Journal of Physical Activity and Health 12, no. 4 (April 2015): 462–69. http://dx.doi.org/10.1123/jpah.2013-0226.
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Background:Park features’ association with physical activity among predominantly Hispanic communities is not extensively researched. The purpose of this study was to assess factors associated with park use and physical activity among park users in predominantly Hispanic neighborhoods.Methods:Data were collected across 6 parks and included park environmental assessments to evaluate park features, physical activity observations to estimate physical activity energy expenditure as kcal/kg/minute per person, and park user interviews to assess motivators for park use. Quantitative data analysis included independent t tests and ANOVA. Thematic analysis of park user interviews was conducted collectively and by parks.Results:Parks that were renovated had higher physical activity energy expenditure scores (mean = .086 ± .027) than nonrenovated parks (mean = .077 ± .028; t = −3.804; P < .01). Basketball courts had a significantly higher number of vigorously active park users (mean = 1.84 ± .08) than tennis courts (mean = .15 ± .01; F = 21.9, η2 = 6.1%, P < .01). Thematic analysis of qualitative data revealed 4 emerging themes—motivation to be physically active, using the play spaces in the park, parks as the main place for physical activity, and social support for using parks.Conclusion:Renovations to park amenities, such as increasing basketball courts and trail availability, could potentially increase physical activity among low-socioeconomic-status populations.
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Sousa, Pedro Caro de. "Normative and Institutional Dimensions of Rights’ Adjudication Around the World." British Journal of American Legal Studies 8, no. 1 (July 19, 2019): 139–64. http://dx.doi.org/10.2478/bjals-2019-0005.
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Abstract The implications of incommensurability for rights’ adjudication tend to be overlooked in much of contemporary constitutional theory. This paper criticizes the dominant “one right-answer” approach to conflicts of rights, and develops an alternative approach that is better suited to constitutional rights’ adjudication in contemporary pluralistic legal orders. It is submitted that the normative reasons for having courts undertake the value-choices implicit in constitutional rights’ adjudication, and for preferring certain legal methodologies over others, must reflect the role of courts in resolving social disputes in the light of specific aspects of the economic, social, and legal life of the polities in which those courts operate. It is further argued that any theory that builds from this approach needs to answer two inter-related questions: when is constitutional rights’ adjudication by courts appropriate, and how rights’ adjudication should be pursued.
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Khisni, Akhmad. "FINANCIAL INSTITUTIONS IN THE LEGAL SYSTEM OF ISLAMIC BANKING AND LEGAL DISPUTE SETTLEMENT." Jurnal Pembaharuan Hukum 5, no. 2 (August 6, 2018): 153. http://dx.doi.org/10.26532/jph.v5i2.3109.
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Islamic financial institutions in Indonesia are legalized in the governance of the banking law and in case of legal disputes become the absolute authority of the Religious Courts. Religious Courts readiness in responding to the development Islamic economics and resolve legal disputes are inevitable in the conduct of religious courts function as a legal institution, namely enforcement of certainty (juridical aspects) and justice (philosophical aspect), in addition to running the social aspects (sociological aspect). The position of Justice of religion as a social institution is dynamic, because of the exchange with the community dynamics that require the judge to explore, and understand the value of the law who live in the society. The implementation of Act No.3 of 2006 as amended by Act No. 50 Of 2009 regarding the Second Amendment to Act No.7 of 1989 concerning the Religious Courts, reinforced by Act No. 21 of 2008 concerning Islamic Banking. Institutional constraints faced by the Religious Court in handling cases Islamic economics is the law enforcement factors, factors of infrastructure, the judge in the religious courts appeared to be not effective due to the number of judges who have not been certified Islamic economy is still lacking, and the lack of educational and training of human resource development. In a more holistic approach to address the above problems, it is necessary reconstruction of the arrangement of the legal system and legal institutions and legal culture arrangement
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Wolf, Susan M. "Ethics Committees in the Courts." Hastings Center Report 16, no. 3 (June 1986): 12. http://dx.doi.org/10.2307/3563267.
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Finch, A. J. "Sexual Relations and Marriage in Later Medieval Normandy." Journal of Ecclesiastical History 47, no. 2 (April 1996): 236–56. http://dx.doi.org/10.1017/s0022046900012859.
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The evidence left by the medieval church courts has proved to be a rich source for the study of both the social and legal aspects of marriage. This has been particularly true for the records of matrimonial litigation generated by the English courts as well as those from the continent and, to a lesser extent, Ireland. Much of this interest has focused on the instance business of the courts, corresponding roughly to modern-day civil litigation. In the context of the English courts, this usually involved an attempt to establish the existence of a valid marriage. Less attention has been paid to the ex officio actions brought by courts against errant individuals. Interest has also tended to concentrate on the actual act of marriage itself and the degree to which this matched the Church's ideal system of how marriages should be formed. Questions concerning courtship and the alternatives to marriage have only begun to be addressed.
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Bonfield, Lloyd. "The Nature of Customary Law in the Manor Courts of Medieval England." Comparative Studies in Society and History 31, no. 3 (July 1989): 515–34. http://dx.doi.org/10.1017/s0010417500016029.
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The once well-defended border between legal history and social history has been overrun. The assault has been carried out on two fronts. In part, it occurred through internal subversion by legal historians actually interested in the nature of societies whose laws they studied. The attack has also been launched externally by researchers who persistently employed records generated by the operation of the legal system to shed light upon various aspects of contemporary social structure. This union of interest between disciplines with widely divergent research skills, a phenomenon somewhat similar to what French political commentators have termed cohabitation, has been soundly applauded. Conferences have been convened; journals have been founded; monograph series have been established. All of these have facilitated methodological and substantive dialogue between legal and social historians.
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Gevers, J. K. M. "Physician-Assisted Suicide and the Dutch Courts." Cambridge Quarterly of Healthcare Ethics 5, no. 1 (1996): 93–99. http://dx.doi.org/10.1017/s0963180100006757.
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Over the last two decades, Dutch courts have left room for euthanasia (i.e., the deliberate termination of the life of a person on his request by another person). Although a crime under the Penal Code, euthanasia will usually not result in prosecution and conviction if it is committed by a physician according to rules of careful medical practice (including consultation of another physician); if the patient's request is voluntary, well-considered, and enduring; and if there is unacceptable and hopeless suffering and there are no other solutions to the patient's situation.
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Oniemola, Peter, and Oyinkan Tasie. "Engendering Constitutional Realization of Sustainable Development in Nigeria." Law and Development Review 13, no. 1 (February 25, 2020): 159–91. http://dx.doi.org/10.1515/ldr-2018-0079.
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AbstractThis article examines the relevant provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) that appear to be in tune with the tenets of sustainable development, which has received much attention at both international and municipal levels. It was found that the relevant aspects of the Constitution on sustainable development are contained in Chapter Two of the Constitution under the fundamental objectives and directive principles of state policy, which include environmental, economic and social objectives. The constitution provides for their non-justifiability to the effect that the court shall not entertain any question on implementation of the objectives. Therefore, constitutional basis for sustainable development in Nigeria has been whittled down. It is contended that given the importance of sustainable development to the well-being of Nigerians and the future generations, it is expedient that the provisions of Chapter Two of the constitution relevant to sustainable development be made justiciable in Nigeria.
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Takayama, Fabiola Santini, and Alexandre Vanzuíta. "Reflexões sobre o Beach Tennis no Brasil: um estado de conhecimento." Caderno de Educação Física e Esporte 18, no. 2 (June 16, 2020): 71–77. http://dx.doi.org/10.36453/2318-5104.2020.v18.n2.p71.
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INTRODUÇÃO: O Beach Tennis é uma modalidade esportiva recente no Brasil que vem aumentando o seu número de adeptos e simpatizantes, colaborando para o crescimento da modalidade. OBJETIVO: Esta pesquisa tem o intuito de mapear e discutir a produção de conhecimento no que se refere aos estudos de dissertações e artigos científicos que tratam especificamente do Beach Tennis. MÉTODOS: A pesquisa se caracteriza como de abordagem qualitativa do tipo de estado de conhecimento. Utilizou-se o descritor “Beach Tennis”, nas Bases de Dados on-line: Portal de Teses e Dissertações da CAPES e Google Acadêmico. RESULTADOS: Foram analisadas e interpretadas quatro pesquisas que abordaram o Beach Tennis como objeto de estudo, sendo que dois trabalhos apresentaram clareza e coerência teórico-metodológica ao longo do desenvolvimento das suas pesquisas, articulando a abordagem qualitativa com o aprofundamento crítico-reflexivo dos processos de investigação. Outros dois estudos demonstraram certa fragilidade nos aspectos teórico-metodológicos, nos instrumentos de coleta e nas técnicas de análise dos dados, consequentemente comprometendo os processos de construção dos resultados apresentados. CONCLUSÃO: Os estudos interpretados neste artigo foram de predominância de tipo descritivo-exploratório, de abordagem qualitativa, no qual contribuíram para o início de um campo investigativo da temática do Beach Tennis. Procuraram evidenciar as opiniões dos praticantes/professores dessa modalidade sobre as condições da prática, as instituições reguladoras, o perfil social dos praticantes, o processo da institucionalização da prática da modalidade em uma cidade não litorânea e a criação de possibilidades para a prática intergeracional. ABSTRACT. Reflections on Beach Tennis in Brazil: a state of knowledge. BACKGROUND: Beach Tennis is a recent sport in Brazil that has been increasing its number of fans and supporters, contributing to the growth of the sport. OBJECTIVE: This research aims to map and discuss the production of knowledge regarding the studies of dissertations and scientific articles that deal specifically with Beach Tennis. METHODS: The research is characterized as a qualitative approach to the type of state of knowledge. The descriptor “Beach Tennis” was used in the online databases: CAPES Theses and Dissertations Portal and Google Scholar. RESULTS: Four researches that approached Beach Tennis as an object of study were analyzed and interpreted, two of which presented clarity and theoretical and methodological coherence throughout the development of their research, articulating the qualitative approach with the critical-reflexive deepening of the processes of investigation. Two other studies showed a certain weakness in the theoretical and methodological aspects, in the collection instruments and in the data analysis techniques, consequently compromising the construction processes of the results presented. CONCLUSION: The studies interpreted in this article were predominantly descriptive-exploratory, with a qualitative approach, in which they contributed to the beginning of an investigative field on the theme of Beach Tennis. They sought to highlight the opinions of practitioners/teachers of this modality about the conditions of the practice, the regulatory institutions, the social profile of the practitioners, the process of institutionalizing the practice of the modality in a non-coastal city and about the creation of possibilities for the intergenerational practice.
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Șerban, Radu-Tiberiu, and Alin Marius Baciu. "Improving the quality of life through participation in physical activity- the tennis camp pilot study." Timisoara Physical Education and Rehabilitation Journal 10, no. 19 (December 1, 2017): 159–64. http://dx.doi.org/10.1515/tperj-2017-0035.
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Abstract Aim. Scientific data show an increase in infantile overweight and obesity cases, which results in illness and social problems, thus a lower quality of life. The main causes for this situation are the lack of physical activity, the nutritional behavior and emotional stress. Our attention focused on observing the group’s social behavior at the end of the implementation of a program which integrated physical activity, a healthy nutritional behavior and social activities. Methods. The case study started by abstracting information from scientific publications for a better understanding of the phenomena. The research used the survey method for analyzing the groups’ (n=14) social dynamics throughout the implementation of a physical activity program for children aged 8 to 12. Results. By comparing the initial and final results of the survey, an improvement of the social relations inside the subjects’ group can be observed. Conclusion. The main knowledge gained from this experiment is the confirmation that through the implementation of strategies that include physical activities, a strict nutritional behavior and social activities, we can improve a group’s cohesion and thus contribute to the increase of the quality of life for children aged 8 to 12 years old, although the evaluation of other aspects like the evolution of physical and mental fitness throughout such a program is needed.
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Prujiner, Alain. "Le bilinguisme judiciaire au Québec." Les Cahiers de droit 24, no. 1 (April 12, 2005): 41–53. http://dx.doi.org/10.7202/042533ar.
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The tradition of bilingual proceedings before Quebec courts is examined firstly, as to its historical development, and, secondly, as to the legal and sociological aspects of the question. Although the province of Quebec has since 1760 always permitted some form of bilingual representation at the judicial level, the legislature has pondered more than once during this period over the exact status the French language should enjoy in its courts. The author believes that the effectiveness of the present-day system depends largely upon the notion of individual, rather than institutionalized, bilingualism and that its future success lies in the willingness of the province's lawyers to meet the linguistic requirements of the courts. It has been proven that discriminatory linguistic policies lead necessarily to major conflicts. On the other hand, acceptance of the group's language rights will serve to reinforce its feeling of belonging to a social unit. However, it is the author's opinion that more than a coherent policy is needed to ensure the survival of a particular language in the courts.
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Delany, Linda. "Health Care Law—Health Care in the Courts." Health Care Analysis 4, no. 2 (May 1996): 163–64. http://dx.doi.org/10.1002/(sici)1099-1042(199605)4:2<163::aid-hca3178>3.0.co;2-i.
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Delany, Linda. "Health Care Law: Health Care in the Courts." Health Care Analysis 4, no. 4 (November 1996): 340–42. http://dx.doi.org/10.1002/(sici)1099-1042(199611)4:4<340::aid-hca197>3.0.co;2-#.
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Skene, Loane. "The current approach of the courts." Journal of Medical Ethics 40, no. 1 (February 20, 2013): 10–13. http://dx.doi.org/10.1136/medethics-2012-100994.
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Charlesworth, Stephanie. "Why Two Jurisdictions? Some Aspects of the Historical Context of the Decision to Maintain Separate Courts for Married and Unmarried Parents in Relation to Parental Rights in Victoria." Children Australia 9, no. 4 (1985): 7–10. http://dx.doi.org/10.1017/s0312897000007463.
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Many professional people working with families are frustrated by the fact that there is still a marked differentiation made between children of married parents and children of non-married parents in the courts. This division has persisted in spite of legislation to remove the status of illegitimacy and the reasons for this are far from obvious to those who are not lawyers. This paper traces the historical background of this split in jurisdiction between State and Federal Courts (i.e., the Family Court) and concludes that it is based on an anachronistic view of State’s rights which no social group or political party would support today.
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Unger, Jean-Pierre. "Physicians’ Burnout (and That of Psychologists, Nurses, Magistrates, Researchers, and Professors) For a Control Program." International Journal of Health Services 50, no. 1 (November 1, 2019): 73–81. http://dx.doi.org/10.1177/0020731419883525.
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Just as with burnout in other social sectors, burnout among physicians is acquiring epidemic proportions. After describing the pathology, this article covers the multidisciplinary aspects of its clinical management. As for prevention, the article describes the importance of the socially motivated, professionally oriented management of health care services, courts, universities, and schools for preventing burnout and contrasts such features with the characteristics of their industrial and commercial management.
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Jacobson, Peter D., Elizabeth Selvin, and Scott D. Pomfret. "The Role of the Courts in Shaping Health Policy: An Empirical Analysis." Journal of Law, Medicine & Ethics 29, no. 3-4 (2001): 278–89. http://dx.doi.org/10.1111/j.1748-720x.2001.tb00348.x.
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The transformation of health-care delivery from fee-for-service medicine to managed care represents a fundamental philosophical shift away from the prevailing medical ethos that the needs of the individual patient take precedence over competing social values, such as reducing health-care costs. In managed care, financial incentives to reduce health-care utilization may result in denying an individual’s claim for medical services.Litigation challenging managed care’s resource allocation decisions often presents the need to resolve conflicting social policy goals, such as the tension between an individual patient’s access to health care and a managed care organization’s (MCO’s) need to restrain costs. Conflicts may arise when a patient’s desire for unconstrained health care clashes with a provider’s and an insurer’s cost containment strategies. In turn, cost containment strategies may raise questions about restrictions on physician autonomy and conflicts among stakeholders for control over resource allocation decisions.
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Jürgens, Ulrich, and Martin Gnad. "Gated Communities in South Africa—Experiences from Johannesburg." Environment and Planning B: Planning and Design 29, no. 3 (June 2002): 337–53. http://dx.doi.org/10.1068/b2756.
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In the course of a broad liberalisation and globalisation of South African society, the transformation of the apartheid city to the postapartheid city has contributed to an increase in crime as well as a feeling of insecurity among the people. Urban blight has changed a lot of the inner cities into ‘no-go areas’ for blacks and whites. For personal protection, since the end of the 1980s (the phase of the abolition of apartheid laws) living areas have been created in the suburbs whose uniqueness and exclusiveness are defined by the amount of safety measures. These are called gated or walled communities, or security villages, and their population structure combines social and racial segregation. The authors made a complete survey of two housing areas in northern Johannesburg in 1999. The traditional wish of South African families for a big estate and a home of their own has been replaced by the wish to live in town houses, cluster housing, and sectional title flats with shared use of swimming pools or tennis courts.
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Cuello, Leonardo. "Medicaid Waivers: Courts Must Step in When the Exception Becomes the Rule." Journal of Law, Medicine & Ethics 46, no. 4 (2018): 892–96. http://dx.doi.org/10.1177/1073110518821986.
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Section 1115 of the Social Security Act is misconstrued as a mechanism to foster state flexibility, when in fact it is a narrow pilot program authority. HHS has exceeded the scope of this authority to approve harmful projects. Courts will not grant the agency broad deference when reviewing this abuse of authority.
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Blinde, Elaine M., and Lisa R. McClung. "Enhancing the Physical and Social Self through Recreational Activity: Accounts of Individuals with Physical Disabilities." Adapted Physical Activity Quarterly 14, no. 4 (October 1997): 327–44. http://dx.doi.org/10.1123/apaq.14.4.327.
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The impact of participation in recreational activities on perceptions of the physical and social selves of individuals with physical disabilities was explored. Eleven women (ages 19 to 54) and 12 men (ages 20 to 36) participated in individualized recreational programs including horseback riding, swimming, fitness, weightlifting, racquetball, bowling, tennis, fishing, walking, and tai chi. Tape-recorded interviews were conducted with these individuals following participation. Content analyses of the interview responses indicated that participation impacted four aspects of the physical self: (a) experiencing the body in new ways, (b) enhancing perceptions of physical attributes, (c) redefining physical capabilities, and (d) increasing perceived confidence to pursue new physical activities. Modifications in respondents’ perceptions of the social self were reflected in two themes: (a) expanding social interactions and experiences, and (b) initiating social activities in other contexts. The gains discussed by respondents suggest that individuals developed an enhanced sense of control in both their physical and social lives.
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Sedo, Kathryn J. "Workers' Compensation, Social Security Disability, SSI, and Genetic Testing." Journal of Law, Medicine & Ethics 35, S2 (2007): 74–79. http://dx.doi.org/10.1111/j.1748-720x.2007.00156.x.
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In addition to disability insurance purchased privately by individuals or employers, three other major types of disability insurance are available: Workers’ Compensation, Social Security Disability Insurance (SSDI), and Supplemental Security Insurance (SSI). The first two, Workers’ Compensation and SSDI, are available to individuals with work connections. The third, SSI, does not require a work connection.Workers’ Compensation laws were initially passed to provide economic protection for workers and their families when a worker suffered an accident on the job resulting in an injury. The first laws passed were subject to court challenges based on their constitutionality. Ultimately courts approved the constitutionality of the Workers’ Compensation laws rationalizing that the laws created a compromise whereby an employee gave up her right to sue for a tort recovery in exchange for the employer's agreement to pay benefits without regard to the cause of the accident.
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Salati, Marco. "Three Eighteenth-Century Waqf Documents from the Ottoman Courts of Aleppo." Eurasian Studies 17, no. 1 (November 14, 2019): 49–70. http://dx.doi.org/10.1163/24685623-12340063.
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Abstract This article is a study of three 18th-century documents from the archives of the Ottoman qāḍī-courts of Aleppo. Although the nature of the cases they relate differ, they all deal with various aspects of the waqf institution: istibdal – i.e. the exchange of ruined or unprofitable waqf property for a more productive one – the creation of a new waqf, and, finally, a dispute over the right to benefit from waqf property. Juridical considerations aside, the interest of these cases lies primarily in the fact that the individuals mentioned and involved in the three documents belong to a restricted circle of notable family groups which are at various degrees linked to one another through marriage relations. Even in their limited scope, these documents provide valuable information on some of the notable families of the city and their social networks.
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Forman, Lisa. "Ensuring Reasonable Health: Health Rights, the Judiciary, and South African HIV/AIDS Policy." Journal of Law, Medicine & Ethics 33, no. 4 (2005): 711–24. http://dx.doi.org/10.1111/j.1748-720x.2005.tb00538.x.
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Historically, judicial enforcement of constitutional rights to health care has played a fairly limited role in enabling access to health care, a trend particularly prevalent in North America, and reflected in many other regions. This trend is due in part to judicial resistance to recognizing socioeconomic rights like health as appropriately legal, or as appropriately enforceable in light of the doctrine of separation of powers. This resistance is evident in judicial deference to social and economic policy, a reluctance to view socioeconomic claims as invoking “fundamental values” that courts consider themselves authorized to protect: and a real reluctance to recognize and enforce “positive” obligations pertaining to social welfare. As a result, health has often fallen largely into the political rather than legal sphere, and domestic courts have been relatively reluctant to review health policies from a human rights perspective, given the belief that doing so would exceed the appropriate democratic function of the judiciary.
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Shulgin, V. "THE APPLICATION OF MILITARY AND SOCIAL LEGISLATION: THE PRACTICE OF ADMINISTRATIVE COURTS LAW INTERPRETATION." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 114 (2020): 64–70. http://dx.doi.org/10.17721/1728-2195/2020/3.114-13.
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The article analyzes theoretical and legal, comparative and applied as well as terminological and conceptual aspects of the process of interpretation by the administrative courts of Ukraine of general and military-special regulations that are important for making informed decisions in military and legal public disputes. In order to determine a systematic approach to the possibility of reversing the execution of court decisions in administrative cases on appeals against decisions, actions and omissions of the subject of power, the subject of which is the payment of one-time cash benefits to servicemen, conscripts and reservists in case of death, total or partial disability, a systematic analysis of terms, words and phrases in the context of the normative content of Article 381 of the Code of Administrative Procedure of Ukraine has been conducted. Based on the study, a logical conclusion has been made regarding the diversity and ambiguity of general legal terms, terminological phrases enshrined in the normative content of Article 381 of the CAP of Ukraine and their inconsistency with military-special terms and phrases enshrined in the normative-legal legislation of Ukraine, in particular in the field of military service and military-social legal relations. The results of the study allow the application of the provisions of Article 380 of the Code of Administrative Procedure of Ukraine on the reversal of a court decision to the disputed military-protective legal relations. Further research on the peculiarities of the application of military and social legislation by administrative courts of Ukraine should be carried out by taking into account the requirements of military and social legislation of developed foreign countries and the current practice of the European Court of Human Rights.
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Martyn, Susan R. "Substituted Judgment, Best Interests, and the Need for Best Respect." Cambridge Quarterly of Healthcare Ethics 3, no. 2 (1994): 195–208. http://dx.doi.org/10.1017/s0963180100004928.
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Perhaps the most troublesome medical decisionmaking cases facing state courts concern serious healthcare decisions involving patients with severe or profound retardation. The courts who face this issue encounter a difficult dilemma. A decision to terminate a medical treatment of a dependent, vulnerable person requires considerable solicitude. Allowing a helpless person to die sooner than is medically possible directly conflicts with that person's most basic right – the right to live. However, continuing treatment in the face of terminal illness may not only prolong but also increase intense mental and physical suffering. Perpetuating near torture in the name of protecting a person's life may be equally worrisome.
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Carter, Edward L. "Defining Government Speech: Recent Approaches and the Germaneness Principle." Journalism & Mass Communication Quarterly 82, no. 2 (June 2005): 398–415. http://dx.doi.org/10.1177/107769900508200210.
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In the last decade, the U.S. Supreme Court and lower federal courts have fashioned the -principle that the First Amendment does not limit the government's ability to determine the content of its own messages. Yet the Supreme Court has not defined what is meant by “government speech.” Defined broadly, it may encompass viewpoint-based messages on controversial social issues, privately funded advocacy on behalf of certain industries, and official endorsement of certain ideologies. In the face of this uncertainty, and confronted with numerous recent cases in which the government asserts its right to expression, the U.S. courts of appeal have devised three major approaches to distinguishing government speech from private speech. The Supreme Court touched on aspects of these approaches in an important 2005 opinion, yet significant questions remain about the definitional contours of the Court's developing government speech doctrine.
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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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Huxtable, Richard. "Clinic, courtroom or (specialist) committee: in the best interests of the critically Ill child?" Journal of Medical Ethics 44, no. 7 (June 7, 2018): 471–75. http://dx.doi.org/10.1136/medethics-2017-104706.
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Law’s processes are likely always to be needed when particularly intractable conflicts arise in relation to the care of a critically ill child like Charlie Gard. Recourse to law has its merits, but it also imposes costs, and the courts’ decisions about the best interests of such children appear to suffer from uncertainty, unpredictability and insufficiency. The insufficiency arises from the courts’ apparent reluctance to enter into the ethical dimensions of such cases. Presuming that such reflection is warranted, this article explores alternatives to the courts, and in particular the merits of specialist ethics support services, which appear to be on the rise in the UK. Such specialist services show promise, as they are less formal and adversarial than the courts and they appear capable of offering expert ethical advice. However, further research is needed into such services – and into generalist ethics support services – in order to gauge whether this is indeed a promising development.
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Armstrong, Paul W., and B. D. Colen. "From Quinlan to Jobes: The Courts and the PVS Patient." Hastings Center Report 18, no. 1 (February 1988): 37. http://dx.doi.org/10.2307/3562016.
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Kleandrov, M., and I. Pluzhnik. "THE RANGE OF ADMINISTRATIVE JUSTICE SPECIALIZATIONS IN RUSSIA AND THE OTHER BRICS COUNTRIES." BRICS Law Journal 5, no. 2 (July 4, 2018): 24–48. http://dx.doi.org/10.21684/2412-2343-2018-5-2-24-48.
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This article deals with the challenges concerning increasing administrative justice efficacy in Russia and other BRICS countries, where the specialized development of jurisdictional bodies is inconsistent and far from effective. The article analyzes the gaps and disputed aspects of administrative justice including the mechanisms for judicial administrative dispute resolution in the BRICS countries. The authors argue that the level of effectiveness of administrative justice vested in judicial procedures depends critically on the specialization of the administrative courts. This involves individual judges, separately operating permanent judges, judicial committees, mono-courts, independent administrative judicial systems incorporated into larger judicial systems within the courts of general jurisdiction, and separate and independent administrative and judicial systems. Even though the BRICS countries do not have a structured administrative judiciary, the retrospective and comparative analysis of their administrative justice jurisdiction and its most effective practices and mechanisms undertaken by the authors enables them to rethink the existing approach to resolving administrative cases via the judiciary. The aim of the article is to initiate the creation of an independent administrative court system organization in order to ensure better justice in the areas of social life including legal relations with executive bodies. Suggestions for the implementation of the specialization of the administrative judiciary in the Russian Federation are given. The authors, for the first time in Russian jurisprudence, propose a theoretical model of an independent, four-tiered specialized legal mechanism of administrative justice, which includes the interrelated factors of court organization, the judiciary and their legal status. The range of the four specialized tiers of the administrative judicial system is proposed. It is argued that they should include a systematic succession represented by lower courts, first instance lower courts, area courts and a Higher Administrative Court of the Russian Federation.
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Prado, Mariana Mota. "The Debatable Role of Courts in Brazil's Health Care System: Does Litigation Harm or Help?" Journal of Law, Medicine & Ethics 41, no. 1 (2013): 124–37. http://dx.doi.org/10.1111/jlme.12009.
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The 1988 Brazilian Constitution establishes a right to health in two of its provisions. The first provision provides a relatively long list of social rights, which includes not only the right to health, but also the right to the determinants of health such as education, food, employment, and shelter (Art. 6). The second provision (Art. 196) recognizes the two components of the right to health, namely: (i) factors that are likely to affect a person’s health, such as access to clean water, sanitation and nutrition; and (ii) medical care or health services. This second provision establishes that the right to health “shall be guaranteed by means of social and economic policies aimed at reducing the risk of illness and other hazards and by the universal and equal access to actions and services for its promotion, protection and recovery.” It also enumerates state obligations, the first and most important one being the duty of the Brazilian state to guarantee the right to health to every citizen.
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Ghahraman, Golriz. "When Is the Right to Justice Undermined? Identifying and Applying International and Islamic Human Rights Law Standards for Domestic Judicial Processes: The Case of the Seven Bahá’í Leaders and Iran’s Revolutionary Courts." Religion and Human Rights 11, no. 2 (June 14, 2016): 77–113. http://dx.doi.org/10.1163/18710328-12341300.
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Section one of this article is divided in two parts, defining a ‘competent tribunal established by law’, and secondly independence and impartiality, including both structural and substantive standards for assessment. The second section provides an assessment of the legitimacy of the process in terms of minimum standards of due process. This part consists of three sub-sections, addressing three aspects of the right to due process that most gravely risk political manipulation of trials. These are: the principle of legality; procedural transparency; and the right to be represented by competent defence counsel. Both these sections also apply the components identified to the general operation of Iran’s Revolutionary Courts. Finally, section three will analyse the conduct of Iran’s Revolutionary Courts in the particular trials of the seven Bahá’í leaders (known as the ‘Yaran’ or ‘friends’) in Iran in 2010.
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Flatscher-Thöni, Magdalena, and Caroline Voithofer. "Should Reproductive Medicine Be Harmonized within Europe?" European Journal of Health Law 22, no. 1 (February 5, 2015): 61–74. http://dx.doi.org/10.1163/15718093-12341345.
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AbstractThe medical as well as societal developments in reproductive medicine and respectively artificial reproductive technologies have challenged lawmakers, courts, politicians, medical experts and society itself over the last decades. Challenges can be seen in cross-border reproductive care, equal access to reproductive care, social freezing, disposal of embryos, multiple implantation, homosexual parenthood or surrogacy. Since different regulatory regimes have been enacted throughout Europe (e.g. liberal system in Spain, restrictive system in Austria) to accommodate, limit and regulate reproductive issues, we are analysing the question, if reproductive medicine should be harmonized within Europe. Therefore we are not only discussing already existing approaches e.g. self-regulation, or minimal standards of safety and quality, but we are also scrutinizing the role of high courts, such as the European Court of Human Rights (ECHR) and international declarations and conventions. Concluding we are briefly sketching aspects of a proposal for a potential harmonisation of reproductive medicine in Europe.
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Shikhovtsova, Albina Olegovna. "Some aspects of the evolution of legal regulation of citizens’ right to participate in the administration of justice in the Russian Federation." Юридические исследования, no. 3 (March 2021): 1–8. http://dx.doi.org/10.25136/2409-7136.2021.3.35064.
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This article examines the evolutionary transformation of the consolidation of citizens’ right to participate in the administration of justice. The author carries out a detailed analysis of the origins of the citizens’ right to participate in the administration of justice, and formulates the main outcome of the development of legislative consolidation of this right through reference to the analysis of legal acts of various historical stages and a comparative legal research of the experience in regulation of this question. Emphasis is placed on evolution of the forms of citizens' participation in the administration of justice, concept of the citizen's eligibility in this sphere, correlation with other political rights and freedoms of the citizens. The conclusion is drawn that legislative consolidation of this right indicates direct interrelation with the social standards of a certain historical stage. The key aspects of the historical-legal evolution of the institution of citizens’ participation in operation of the courts include: - Recognition of the fact of public participation in the implementation of justice; - Recognition of the institution of citizens’ participation in operation of the courts as a component of the society; - Arrangement of the institution of citizens’ participation in operation of the courts from the institution of society to the full-scale component as part of public authority; - Complication of configuration of the circle of subjects of legal proceedings from involvement of individuals as jury to establishment of the right of these subjects to direct participation in the administration of justice. The author presents an original approach towards determination of the forms of evolution of legal regulation of citizens’ to participate in the judicial system.
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Mohlisi Mohd Asmawi, Ummi, Alissa Azureen Norehan, Khasnoorsani Salikin, Nur Ain Syafiqah Rosdi, Nur Amira Thaqifah Abdul Munir, Nurul Balqis Muhammad Basri, Mohamad Ikhsan Selamat, and Norazmir Md Nor. "An Assessment of Knowledge, Attitudes and Practices in Food Safety Among Food Handlers Engaged in Food Courts." Current Research in Nutrition and Food Science Journal 6, no. 2 (August 25, 2018): 346–53. http://dx.doi.org/10.12944/crnfsj.6.2.09.
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The aim of this paperis to evaluate the aspects of knowledge, attitude, and practices about food hygiene and safety issues among food handlers who are working in food courts. A cross-sectional study was conducted at four randomly food courts in Petaling Jaya, Malaysia during June and July 2017. It involves 108 respondents that match the inclusion criteria among food handlers. The guided self-administered questionnaire; were divided into three sections which are knowledge, practices, and attitudes. After the complete questionnaireswere collected, data were entered and analysed using the Statistical Package for Social Science (SPSS) software version 23.0. Positive correlations were seen between mean knowledge score and mean attitudes score (p-value=0.0240, r=0.217), between attitude score and practices score (p < 0.001, r=0.559) and between knowledge score and practices score (p value=0.049, r=0.190). The strongest correlation being between mean attitudes score and mean practices score. Respondents with low knowledge score also had the higher practices score. This paper serves as an eye-opener for policy makersas they can review and improve the knowledge, attitude and practices in food safety among food handlers in food courts and they can also help raise food safety awareness campaign and organize more targeted training in related fields of concern.
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Kirby, M. "Patients' rights--why the Australian courts have rejected 'Bolam'." Journal of Medical Ethics 21, no. 1 (February 1, 1995): 5–8. http://dx.doi.org/10.1136/jme.21.1.5.
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Averland, A. M., L. Öjesjö, and K. L. Soothill. "Psychiatric Court Referrals in Sweden." Medicine, Science and the Law 27, no. 1 (January 1987): 43–50. http://dx.doi.org/10.1177/002580248702700109.
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In an international comparison Sweden has a high proportion of pre-trial psychiatric evaluations. The purpose of the study was to look for the most likely reasons for such a referral in the Linköping region. The basic material came from court records and from medical and social reports. It was found that the courts' knowledge of previous psychiatric treatment was the most important reason (44 per cent), followed by nature of the offence (31 per cent), management problems (14 per cent) and awkward behaviour at the proceedings (12 per cent). The results support the view that forensic psychiatric evaluations may serve different social functions in different countries.
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Bouquet, Olivier. "The Sultan’s Sons-in-Law: Analysing Ottoman Imperial Damads." Journal of the Economic and Social History of the Orient 58, no. 3 (July 6, 2015): 327–61. http://dx.doi.org/10.1163/15685209-12341377.
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Studies of imperial courts tend to focus on the ruler and the direct line of succession, which was crucial for the survival of the dynasty. Where succession was patrilineal, princes therefore generally received more attention than their sisters. A group that is invariably overlooked altogether consists of the husbands of these princesses, despite the fact that they too were part of the extended imperial household. The Ottoman Empire was no exception. This article attempts to redress that imbalance by examining various aspects of the Ottoman son-in-law, including recruitment, social status, reputations, careers, and reception history.
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Bendor, Ariel L. "THE ISRAELI CONSTITUTION AND THE FIGHT AGAINST TERRORISM." Constitutional Forum / Forum constitutionnel 13, no. 1 & 2 (July 24, 2011): 2003. http://dx.doi.org/10.21991/c97d4s.
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The obvious security difficulties in Israel also carry problematic political, economic and social consequences. The unique Israeli condition — as a young democratic state, whose mere existence is still not self-evident to all — also has legal implications. In Israel, the law and the courts of law are often involved in resolving political issues, including issues pertaining to foreign and security policy. This involvement is more intensive in Israel than in many other democracies.1 That is why one might be interested in comprehending some legal aspects, especially those of constitutional law, that are present in the background of Israeli reality.
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Berryessa, Colleen M., and William L. D. Krenzer. "The Stigma of Addiction and Effects on Community Perceptions of Procedural Justice in Drug Treatment Courts." Journal of Drug Issues 50, no. 3 (May 15, 2020): 303–28. http://dx.doi.org/10.1177/0022042620918950.
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We present a series of four between-subject, multifactorial experiments that examine how labeling offenders with addiction, as well as if that psychiatric label is described to be biologically influenced, may affect community perceptions regarding the importance of procedural justice in drug treatment courts. Stigmatization toward addiction is hypothesized to moderate community views on procedural justice. Labeling with addiction garnered nonsignificant effects on community perceptions of the importance of procedural justice in drug treatment courts. Yet, patterns of moderation analyses indicated that participants with higher degrees of stigmatization toward an offender with addiction, and particularly if that psychiatric label was also described to be biologically influenced, rated the importance of offenders experiencing aspects of procedural justice as significantly higher. Higher degrees of public stigmatization associated with the “brain disease model” of addiction appear to coexist with increased community support for offenders with such labels experiencing increased procedural justice and fairness.
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Singh, Raj Kishor. "Law and Literature: A Review of Interdisciplinary Literary Texts." SCHOLARS: Journal of Arts & Humanities 1 (August 1, 2019): 79–90. http://dx.doi.org/10.3126/sjah.v1i0.34450.
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This paper explores and recognizes common points of intersection of law and literature. Different literary texts have legal language, court scenes, cross examinations, lawyers, witnesses, judge, and audience. The main focus of this paper is to identify such events from literary texts and also to present instances that people take into the courts from literary texts. Law and literature originate and develop, after all, from the same culture and society. Humanities and social sciences are common grounds of origin and development of law and literature. They are related with each other. They do have correlation on the basis of culture, social norms and values, and humanities. In this paper, they discussed on the grounds of cognitive and behaviouristic aspects of human life.
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d'Oronzio, Joseph C. "Health Policy Watch: Second, Let No Harm Be Done: An American Antiimmigration Dilemma." Cambridge Quarterly of Healthcare Ethics 5, no. 3 (1996): 467–72. http://dx.doi.org/10.1017/s0963180100007301.
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Ongoing legislative proposals to overhaul United States immigration policy look very much like a new wave of nativism is sweeping the Congress. The movement, mounted in early 1995, is in full swing to limit immigrant populations from arriving, settling, producing, and benefiting as our parents' generations have done. Legislators and the courts are now considering the most complete antiimmigration social legislation since the decades following the First World War.