Journal articles on the topic 'Challenge appeals'
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1
Gasparatou, Renia. "Experimental Appeals to Intuition." Crítica (México D. F. En línea) 42, no. 124 (January 7, 2010): 31–50. http://dx.doi.org/10.22201/iifs.18704905e.2010.894.
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Today, experimental philosophers challenge traditional appeals to intuition; they empirically collect folk intuitions and then use their findings to attack philosophers’ intuitions. However this movement is not uniform. Radical experimentalists criticize the use of intuitions in philosophy altogether and they have been mostly attacked. Contrariwise, moderate experimentalists imply that lay persons’ intuitions are somehow relevant to philosophical problems. Sometimes they even use folk intuitions in order to advance theoretical theses. In this paper I will try to challenge the so-called moderate experimental attempts to rely on intuition in order to promote philosophical theses.
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Netolitzky, Donald J., and Richard Warman. "As the Water Grinds the Stone: Comparison of Represented and Self-represented Appellant Populations in the Federal Court of Appeal." Windsor Yearbook of Access to Justice 37, no. 1 (May 16, 2022): 206–59. http://dx.doi.org/10.22329/wyaj.v37i1.7195.
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This article reports a quantitative and statistically reliable population investigation of 552 Federal Court of Appeal proceedings that were appeals by represented and self-represented appellants who, in 2016 or 2017, appealed decisions of the Federal Court or Tax Court of Canada. Appeals by the Crown, non-Crown represented appellants, and self-represented appellants exhibited markedly different frequencies at which appeals were granted, and patterns for how appeals were terminated. Nearly half of Crown appeals were granted, but less than one in twenty self-represented appellants had any degree of success. While 70% of appeals conducted by lawyers completed the appeal process, less than 40% of self-represented appellant proceedings resulted in a full appeal panel hearing. Incomplete appeals by self-represented appellants usually terminated prior to the appeal record stage, and typically were either abandoned or discontinued. The time required to complete appeals for represented and self-represented appellants is similar. The high observed frequency of problematic litigation records for self-represented appellants supports the hypothesis that a “Distillation Effect” is concentrating abusive litigants in appellate forums.
High resolution investigation of self-represented appellant subgroups revealed differences within the overall self-represented appellant population. Self-represented appellants emerging from the Federal Court and Tax Court of Canada are different populations. The former were much more likely to have an abusive litigation history, while the latter voluntarily discontinued appeals, and were never subject to Federal Court of Appeal vexatious litigant management steps. Self-represented appellant proceedings that terminated prematurely or that were conducted by persons who are subject to court access restrictions had significantly more filed documents and docket records. Litigation management steps did not reduce the Registry and Court workload resulting from self-represented appellants subject to court access restrictions. These observations challenge modelling self-represented litigants as a single population with uniform characteristics.
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Lewis, Clive. "The Exhaustion of Alternative Remedies in Administrative Law." Cambridge Law Journal 51, no. 1 (March 1992): 138–53. http://dx.doi.org/10.1017/s0008197300016792.
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The application for judicial review is the primary means of challenging the legality of action taken by public bodies. Judicial review is not, however, the only avenue by which an individual may challenge a particular decision. Statute may create an appellate machinery to hear appeals against decisions of public bodies. There is a wide variety in the pattern of such schemes. There may be an appeal from a decision to a tribunal or other body, with a further right of appeal on a point of law or by way of case stated to the High Court or the Court of Appeal. Such mechanisms exist in a number of fields, most importantly in the field of revenue law, enforcement notices in planning law, decisions of inferior courts such as magistrates& courts, and social security law. There may be an appeal from a decision to an administrative tribunal or inferior court but with no right of appeal to the High Court, as in certain immigration cases where decisions may be appealed to an adjudicator and from him to the Immigration Appeal Tribunal. There may be an appeal from decisions to an administrative body such as a Secretary of State either with provision for appeal to the courts, as with appeals against refusals of planning permission by local authorities, or without any further right of appeal, as in the case of appeals against disciplinary decisions of chief constables.
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Wikeley, Nick. "The new tax credits and appeals." Benefits: A Journal of Poverty and Social Justice 12, no. 1 (February 2004): 21–25. http://dx.doi.org/10.51952/vpba9882.
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The introduction of Working Tax Credit and Child Tax Credit from April 2003 has resulted in much publicised delays in payments of the new tax credits to claimants. But the way in which claimants can challenge decisions made by the Inland Revenue on tax credits claims has received relatively little scrutiny. The current appeal arrangements represent an awkward compromise between the very different appeals systems that apply to income tax and social security disputes respectively. Most tax credit appeals are heard by The Appeals Service (TAS) tribunals, but with the adoption of some principles drawn from the tax tribunals. In addition, a wider reform of the tribunal system generally is on the horizon. Disputes over overpayments of tax credits are likely to be an especially contentious area of work, but these cases will not come to the fore until the summer of 2004, given the way in which entitlement to tax credits is assessed.
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Calfano, Brian Robert, Amanda Friesen, and Paul A. Djupe. "Mitigating Mormonism: Overcoming Religious Identity Challenges with Targeted Appeals." PS: Political Science & Politics 46, no. 03 (June 21, 2013): 562–68. http://dx.doi.org/10.1017/s1049096513000541.
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AbstractA persistent challenge for minority candidates is mitigating negative effects attributed to their unpopular group identity. This was precisely the case for Mitt Romney, a Mormon, as he sought and captured the 2012 Republican presidential nomination. We draw on existing public opinion data about the tepid reaction to Romney's Mormonism from within Republican ranks. Then, we review our own experimental data to examine a potential mitigation strategy, “God Talk,” and its emotional costs to the GOP. We find that Romney and similar candidates may avoid direct penalty by party rank-and-file for their minority attributes when using God Talk, but the associated affective response supporters direct at their party may carry yet-unknown putative costs for both party and candidate.
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BATROS, BEN. "The Judgment on the Katanga Admissibility Appeal: Judicial Restraint at the ICC." Leiden Journal of International Law 23, no. 2 (April 27, 2010): 343–62. http://dx.doi.org/10.1017/s0922156510000075.
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AbstractThis article examines the judgment on Kantaga's appeal against the decision of Trial Chamber II of the International Criminal Court that the case against him was admissible. The Appeals Chamber rejected Katanga's appeal, and affirmed the admissibility of the case. However, it did not do so on the same basis as the Trial Chamber (that the Democratic Republic of the Congo (DRC) was unwilling). Rather, it looked at the plain language of Article 17, and found that at the time of the challenge the DRC was not investigating or prosecuting Katanga. This judgment can be seen as an example of judicial restraint. The Appeals Chamber dealt only with those questions which were necessary to dispose of the appeal. It did not engage in policy debates or seek to create new facts, but rather applied the Statute as drafted to the facts of the case before it. In doing this, the Appeals Chamber confirmed certain basic principles of the admissibility regime. The case also provides an insight into the relationship between admissibility and ‘positive complementarity’.
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Lewis, Carmen E. "Appeals Court Rejects Federal Jurisdiction over Chiropractors Challenge to Medicare Coverage – Am. Chiropractic Ass'n, Inc. v. Leavitt." Journal of Law, Medicine & Ethics 34, no. 2 (2006): 472–74. http://dx.doi.org/10.1111/j.1748-720x.2006.00056.x.
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The United States Court of Appeals for the District of Columbia Circuit (“Appeals Court”) held that the district court did not have jurisdiction over the American Chiropractor's Association's (“ACA”) federal question claims brought under the Medicare Act, despite affirming the ACA's prudential standing to pursue its claims. The Appeals Court reversed the lower court's decision allowing a doctor of medicine or osteopathy to perform manual manipulations of the spine on Medicare beneficiaries to correct a subluxation.The Medicare program “subsidizes medical insurance for elderly and disabled persons.” An enrollee selects a physician or obtains medical services through a managed-care provider, such as a health maintenance organization (“HMO”).
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Bronckers, Marco. "Private Appeals to WTO Law: An Update." Journal of World Trade 42, Issue 2 (April 1, 2008): 245–60. http://dx.doi.org/10.54648/trad2008010.
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At first glance there seem to be few opportunities for private parties to raise objections to government regulation based on World Trade Organization (WTO) law. The WTO still appears to be largely a forum for governments to negotiate or litigate. In fact, there are various ways in which private parties can invite governments to engage with their WTO law obligations, and these are surveyed in this article. First, I illustrate the immediate obstacles facing private parties that want to challenge a government measure on the basis of WTO law. I then take a closer look and discuss different means for private parties to appeal to WTO law, today or perhaps in the not too distant future. There have been several recent developments that suggest that such private complaints should be taken more seriously. This discussion covers the position of private parties before the WTO, before their own government and before domestic courts. To the extent I refer to experiences drawn from a domestic context I will mostly refer to European law, though I have occasion also to mention precedents from US law and Chinese law.
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Putwain, David W., Wendy Symes, and Hannah M. Wilkinson. "Fear appeals, engagement, and examination performance: The role of challenge and threat appraisals." British Journal of Educational Psychology 87, no. 1 (October 20, 2016): 16–31. http://dx.doi.org/10.1111/bjep.12132.
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Robertson, James E. "Recent Legal Developments." Criminal Justice Review 37, no. 2 (June 2012): 281–94. http://dx.doi.org/10.1177/0734016812438850.
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This annual survey examines important prisoners' rights cases decided by the U.S. Courts of Appeals during 2011. These cases addressed constitutional questions about inmate-on-inmate violence, lockdowns, delayed medical care, custodial suicide, gender identity disorder, excessive staff force, unsolicited mail, religious dress and diets, impermissible staff retaliation, cross-gender searches, and procedural due process. In addressing these constitutional questions, the U.S. Courts of Appeal created new law and/or applied clearly established law. Because the U.S. Supreme Court will only rarely grant certiorari to appellants, the U.S. Courts of Appeals remain the de facto courts of last resort for all but a few prisoners who challenge the constitutionality of the manner of their confinement.
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Wissam Yosef Addoum, Walid Akel Arab, Wissam Yosef Addoum, Walid Akel Arab. "The role of electoral appeals in giving legitimacy to the general elections - a comparative study between Syria, Egypt and France: دور الطعون الانتخابية في إضفاء صفة المشروعية على الانتخابات العامة - دراسة مقارنة بين سورية ومصر وفرنسا-." مجلة العلوم الإقتصادية و الإدارية و القانونية 6, no. 8 (March 28, 2022): 48–67. http://dx.doi.org/10.26389/ajsrp.c081121.
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This research aimed at clarify the role of electoral appeals in legitimizing the general elections in all its stages. The descriptive analytical approach and the comparative deductive approach were relied upon to reach the desired results, the most important of which are: 1- Electoral disputes and challenges arising from them are considered a tool to achieve the legitimacy of the general elections. 2- The electoral register is one of the foundations of the legality of the election. 3- The right to run for office is a right guaranteed to all citizens who meet the conditions specified by laws. Among the most important recommendations: 1- An accurate and comprehensive electoral appeals system should be developed that is characterized by simplicity and speed of decision making. 2- The Syrian legislator should follow in the footsteps of the Egyptian and French legislation in determining the right of others to challenge the voter register. 3- Building integrated and accurate systems for electoral appeals and adopting the successful experiences of some countries.
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Kilgo, Danielle K., Kyser Lough, and Martin J. Riedl. "Emotional appeals and news values as factors of shareworthiness in Ice Bucket Challenge coverage." Digital Journalism 8, no. 2 (October 20, 2017): 267–86. http://dx.doi.org/10.1080/21670811.2017.1387501.
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McGuire, John Thomas. "Making the Case for Night Work Legislation in Progressive Era New York, 1911-1915." Journal of the Gilded Age and Progressive Era 5, no. 1 (January 2006): 47–70. http://dx.doi.org/10.1017/s1537781400002863.
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In 1907 the New York Court of Appeals considered a bindery company's challenge to a night work law passed by New York's legislature in 1898 and amended in 1903. The statute stated that “no female shall be employed, permitted, or suffered to work in any factory in this state before six o'clock in the morning, or after nine o'clock in the evening of any day.” The outcome of the case was preordained, for New York's highest court was famous for advocating the legal “freedom of contract” principle, which negated state efforts to limit workers' hours. From 1878 through 1904 the Court of Appeals had held that any restriction on laborers' hours was unconstitutional. The only exception, Lochner v. New York, had been reversed by the U.S. Supreme Court on appeal.
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Putwain, David W., and Kevin Woods. "The scare tactic: Does it work? Motivating students for tests and exams." DECP Debate 1, no. 160 (September 2016): 31–38. http://dx.doi.org/10.53841/bpsdeb.2016.1.160.31.
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This article reviews a new and emerging body of work into the use of fear appeals by teachers prior to high-stakes tests and exams. Fear appeals are messages that focus on the negative consequences of failure and the course(s) of action required to avoid failure. They are a scare tactic, intended to motivate students to work hard for their forthcoming tests and exams. First we review studies that examine how fear appeals, and their appraisal as threatening, are linked to test anxiety, motivation, and test/exam grades. Second, we review studies that focus on the possibility of different types of appraisals; challenge as well as threat, and the possibility that messages might simply be ignored. Third, we review studies that examine the outcomes of challenge as well as threat appraisals and present a prospective model linking appraisals to motivation, engagement and achievement outcomes. Finally, we review the implications of findings of these studies for teachers and educational/school psychologists.
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Yoon, Ahyoung, Daeyoung Jeong, Jinhyung Chon, and Ji-Hwan Yoon. "A Study of Consumers’ Intentions to Participate in Responsible Tourism Using Message Framing and Appeals." Sustainability 11, no. 3 (February 7, 2019): 865. http://dx.doi.org/10.3390/su11030865.
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Since responsible tourism (RT) emerged as a critical issue in the tourism literature in the early 2000s, the challenge has been how to encourage consumers to practice RT. In this context, the goal of this study is to examine effective ways to promote individuals’ RT behavior using message framing and appeals. The present study used campaign advertisements as a stimulus and employed a 2 × 2 factorial design ((message framing: gain framing vs. loss faming) × (appeal: rational appeal vs. emotional appeal)) in the experiment. In addition, the study investigated the moderating impact of involvement on people’s attitude towards advertising and intention to participate in RT. Independent-sample t-tests and a two-way analysis of variance were used to verify the hypotheses. The results of the study revealed that gain-framed messages had a greater influence on individuals’ attitude towards the advertisement and their intention to participate in RT than loss-framed messages in the low-involvement group. Furthermore, rational and emotional appeals had a greater influence on people’s attitude towards the advertisement in the high- and low-involvement groups, respectively.
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Meador, Daniel J. "A Challenge to Judicial Architecture: Modifying the Regional Design of the U.S. Courts of Appeals." University of Chicago Law Review 56, no. 2 (1989): 603. http://dx.doi.org/10.2307/1599847.
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Kleinman, Sherryl, Martha Copp, and Kalah B. Wilson. "We’ve Come a Long Way, Guys! Rhetorics of Resistance to the Feminist Critique of Sexist Language." Gender & Society 35, no. 1 (January 21, 2021): 61–84. http://dx.doi.org/10.1177/0891243220979636.
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We provide a qualitative analysis of resistance to calls for gender-neutral language. We analyzed more than 900 comments responding to two essays—one on AlterNet and another on Vox posted to the Vox editor’s Facebook page—that critiqued a pervasive male-based generic, “you guys.” Five rhetorics of resistance are discussed: appeals to origins, appeals to linguistic authority, appeals to aesthetics, appeals to intentionality and inclusivity, and appeals to women and feminist authorities. These rhetorics justified “you guys” as a nonsexist term, thereby allowing commenters to continue using it without compromising their moral identities as liberals or feminists. In addition to resisting an analysis that linked their use of “you guys” to social harms, commenters positioned the authors who called for true generics as unreasonable, divisive, and authoritarian. We conclude with suggestions for how feminists can challenge the status quo and promote social change.
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Metcalf, Alexander L., Justin W. Angle, Conor N. Phelan, B. Allyson Muth, and James C. Finley. "More “Bank” for the Buck: Microtargeting and Normative Appeals to Increase Social Marketing Efficiency." Social Marketing Quarterly 25, no. 1 (December 30, 2018): 26–39. http://dx.doi.org/10.1177/1524500418818063.
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Successful conservation in the United States relies on collective stewardship by millions of private landowners, challenging those agencies and nongovernment organizations tasked with engagement and outreach. Perennially limited resources compound this challenge, highlighting a deep need for efficient social marketing. In the following research, we test the efficacy of two social marketing strategies—microtargeting and normative appeals—through a randomized controlled trial of an integrated social marketing campaign targeting riparian landowners in the Pennsylvania portion of the Chesapeake Bay Watershed. We used a microtargeting algorithm to predict landowners’ likelihood of responding to a conservation outreach campaign to create treatment groups of high-likelihood prospects versus random prospects (i.e., no microtargeting). A normative appeal was also included as an experimental factor in the campaign communicating that forested riparian buffer investments were common among similar landowners. Among microtargeted landowners, we observed a 66% increase in response to a riparian restoration survey compared to the control group. Additionally, we found a significant influence of a normative message among random (nonmicrotargeted) prospects, increasing response by 23% over the control group. We conclude conservation outcomes may be more efficiently achieved by deploying these marketing techniques on a wider scale to a variety of conservation challenges.
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Wedgwood, Ruth. "Case Analysis: International Criminal Tribunals and State Sources of Proof: The Case of Tihomir Blaškić." Leiden Journal of International Law 11, no. 3 (September 1998): 635–54. http://dx.doi.org/10.1017/s0922156598000466.
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In a world of sovereign states, gathering evidence is one of the major challenges for the new international criminal tribunals. The decision in Prosecutor v. Blaškić, by the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia, shows some of the difficulties. The Tribunal finds it has the power to issue compulsory orders to sovereign states for the production of evidence, although not to issue a subpoena as such. The Tribunal also assumes the power to review a state's national security privilege, a holding that may challenge the more protective provisions of the new Rome treaty for a permanent International Criminal Court. However, the Appeals Chamber's declaration that there is no power to summon particular government officials, even for eyewitness testimony, that document production must be limited, and that its orders cannot be directly enforced, may hobble the Tribunal's capacity to muster the necessary proof at trial.
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Kuczyńska, Hanna. "The Scope of Appeal on Complementarity Issues before the icc." Law & Practice of International Courts and Tribunals 15, no. 2 (September 22, 2016): 326–44. http://dx.doi.org/10.1163/15718034-12341325.
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On 27 May 2015, the Appeals Chamber of the International Criminal Court (icc) issued a judgment on the appeal of Côte d’Ivoire against the decision of Pre-Trial Chamber i of 11 December 2014 entitled “Decision on Côte d’Ivoire’s challenge to the admissibility of the case against Simone Gbagbo”. As a result of this decision, the path to prosecute Simone Gbagbo lies open. The Appeals Chamber confirmed the opinion expressed by the Pre-Trial Chamber that there were no obstacles in the form of national prosecutions which would exclude the icc’s jurisdiction pursuant to the principle of complementarity. This judgment is not only important from the point of view that the icc has found no basis to find the case inadmissible on the grounds of lack of complementarity, but even more so because of the procedural issues at stake. In this decision, solutions can be found that are crucial with regard to the scope and methods of appellate review before the icc.
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Calatrava, Paloma Moral de. "A Spanish Midwife Appeals to the King: Luisa Rosado’s Challenge to Eighteenth-Century Male Medical Corporatism*." Early Modern Women 11, no. 1 (2016): 162–76. http://dx.doi.org/10.1353/emw.2016.0050.
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Putwain, David W., Richard Remedios, and Wendy Symes. "Experiencing fear appeals as a challenge or a threat influences attainment value and academic self-efficacy." Learning and Instruction 40 (December 2015): 21–28. http://dx.doi.org/10.1016/j.learninstruc.2015.07.007.
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Wolf, Michael P., and Jeremy Randel Koons. "The Ordinary Language Case for Contextualism and the Relevance of Radical Doubt." Contemporary Pragmatism 15, no. 1 (February 22, 2018): 66–94. http://dx.doi.org/10.1163/18758185-01501005.
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Many contextualist accounts in epistemology appeal to ordinary language and everyday practice as grounds for positing a low-standards knowledge (knowledgeL) that contrasts with high-standards prevalent in epistemology (knowledgeH). We compare these arguments to arguments from the height of “ordinary language” philosophy in the mid 20th century and find that all such arguments face great difficulties. We find a powerful argument for the legitimacy and necessity of knowledgeL (but not of knowledgeH). These appeals to practice leave us with reasons to accept knowledgeL in the face of radical doubts raised by skeptics. We conclude by arguing that by relegating knowledgeH to isolated contexts, the contextualist fails to deal with the skeptical challenge head-on. KnowledgeH and knowledgeL represent competing, incompatible intuitions about knowledge, and we must choose between them. A fallibilist conception of knowledge, formed with proper attention to radical doubts, can address the skeptical challenge without illicit appeal to everyday usage.
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Chan, Rose Cecile. "Sperry Corp. v. United States." American Journal of International Law 83, no. 1 (January 1989): 86–90. http://dx.doi.org/10.2307/2202794.
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Plaintiffs, Sperry Corp. and Sperry World Trade Inc. (Sperry), received an award from the Iran-United States Claims Tribunal (Tribunal). Upon payment of the award, the United States deducted 2 percent of the total amount pursuant to a directive license issued by the Secretary of the Treasury regarding recovered claims by U.S. nationals against Iran. When plaintiffs challenged the authority of the Treasury to make the deduction and the United States Claims Court announced a preliminary ruling that concurred with plaintiffs’ position, the Executive persuaded Congress to approve legislation authorizing specified percentages to be deducted by the United States from Tribunal awards to U.S. citizens. Responding to the plaintiffs’ challenge to the constitutionality of the newly enacted statute, the United States Claims Court dismissed the suit and, on appeal, the United States Court of Appeals for the Federal Circuit (per Meyer, J.) reversed and held: that the deduction constitutes a taking without compensation in violation of the Fifth Amendment to the United States Constitution. In September 1988, the United States filed notice of appeal with the Supreme Court.
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Sander, Barrie. "Capital Punishment Jurisprudence: A Critical Assessment of the Supreme Court of Uganda's Judgment in Attorney General v Susan Kigula and 417 Others." Journal of African Law 55, no. 2 (September 14, 2011): 261–79. http://dx.doi.org/10.1017/s0021855311000131.
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AbstractThe Ugandan Supreme Court's decision in Attorney General v Susan Kigula & 417 Others ended a ten year constitutional challenge against capital punishment. The attorney general was appealing the Constitutional Court's declarations that a mandatory death penalty and a delay on death row of more than three years violate Uganda's Constitution. The respondents cross-appealed the Constitutional Court's declarations that the death penalty is constitutional and that hanging is an appropriate and therefore constitutional method of execution. The Supreme Court dismissed both the appeals and cross-appeals. This article summarises the Supreme Court's findings and analyses the court's reasoning. It demonstrates that, while the court's reasoning is generally in line with the interpretations offered by international courts and human rights bodies, the court arguably missed an opportunity to take a bolder approach regarding the relationship between the death penalty and the prohibition on cruel, inhuman and degrading treatment, particularly in light of recent international trends.
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Carroll, Myles. "Narrating technonatures: discourses of biotechnology in a neoliberal era." Journal of Political Ecology 25, no. 1 (June 18, 2018): 186. http://dx.doi.org/10.2458/v25i1.22936.
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This article considers the role played by discourses of nature in structuring the cultural politics of anti-GMO activism. It argues that such discourses have been successful rhetorical tools for activists because they mobilize widely resonant nature-culture dualisms that separate the natural and human worlds. However, these discourses hold dubious political implications. In valorizing the natural as a source of essential truth, natural purity discourses fail to challenge how naturalizations have been used to legitimize sexist, racist and colonial systems of injustice and oppression. Rather, they revitalize the discursive purchase of appeals to nature as a justification for the status quo, indirectly reinforcing existing power relations. Moreover, these discourses fail to challenge the critical though contingent reality of GMOs' location within the wider framework of neoliberal social relations. Fortunately, appeals to natural purity have not been the only effective strategy for opposing GMOs. Activist campaigns that directly target the political economic implications of GMOs within the context of neoliberalism have also had successes without resorting to appeals to the purity of nature. The successes of these campaigns suggest that while nature-culture dualisms remain politically effective normative groundings, concerns over equity, farmers' rights, and democracy retain potential as ideological terrains in the struggle for social justice.
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Maresca, Louis G. "Case Analysis: The Prosecutor v. Tadić The Appellate Decision of the ICTY and Internal Violations of Humanitarian Law as International Crimes." Leiden Journal of International Law 9, no. 1 (March 1996): 219–31. http://dx.doi.org/10.1017/s0922156596000167.
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Recently, the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY) issued its opinion on jurisdictional matters in the case of The Prosecutor v. Dusko Tadić. The defendant had challenged the establishment and jurisdiction of the Tribunal. While the defendant specifically contested the authority of the Tribunal on three grounds, it is the claim of lack of subject matter jurisdiction which will be the focus of this article. As the first case proceeding towards trial, this challenge gives the Tribunal its first opportunity to comment upon and clarify the extent of its subject matter jurisdiction.
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Djalovski, Inbal. "Prosecutor v. Laurent Koudou Gbagbo: Judgment on the Appeal Against the Decision of Pre-Trial Chamber I on Jurisdiction and Stay of the Proceedings (Int’l. Crim. CT.)." International Legal Materials 53, no. 3 (June 2014): 477–501. http://dx.doi.org/10.5305/intelegamate.53.3.0477.
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On December 12, 2012, the Appeals Chamber of the International Criminal Court (Court) in the case of Prosecutor v. Laurent Koudou Gbagbo unanimously confirmed the Pre-Trial Chamber I decision to dismiss Mr. Gbagbo’s challenge to the jurisdiction of the Court. In the Judgment, the Appeals Chamber, for the first time, was called to interpret Article 12(3) of the Rome Statute (Statute), which allows a non-party State to accept the jurisdiction of the Court on an ad hoc basis without acceding to the Statute. The Judgment further includes two procedural issues. Firstly, the Appeals Chamber found that although the Pre-Trial Chamber erred by not rendering a separate decision on Côte d’Ivoire’s request for leave to submit its observations, this error did not materially affect the Pre-Trial Chamber’s decision. Secondly, the Appeals Chamber dismissed, in limine, Mr. Gbagbo’s request for a stay of proceedings based on allegations of violations of his fundamental rights, since it was not jurisdictional in nature and thus fell outside the scope of the appealable matter.
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Kjervik, Diane K. "Assisted Suicide: The Challenge to the Nursing Profession." Journal of Law, Medicine & Ethics 24, no. 3 (1996): 237–42. http://dx.doi.org/10.1111/j.1748-720x.1996.tb01858.x.
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Nursing prides itself on a commitment to caring for patients and their families. Daily, nurses support patients and their families as they face life-threatening disease and injury and help them through the painful decisions to initiate or remove ventilators, artificial nutrition and hydration, and other life-sustaining technology.The opinions of the Second and Ninth Circuit Courts of Appeals, in Compassion in Dying v. State of Washington and Quill v. Vauo, strike at the heart of the nursing value system. If the United States Supreme Court upholds either opinion, physicians will be legally allowed to help patients die, and nurses will be called on to assist with this process, just as nurses have assisted with electroconvulsive treatment, abortion, and other controversial procedures. Advanced practice nurses (APNs), who are licensed to prescribe drugs, may also be allowed by law to assist patients to end their own lives.
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Boulter, Stephen. "On the Very Possibility of Historiography." Journal of the Philosophy of History 11, no. 2 (July 28, 2017): 196–220. http://dx.doi.org/10.1163/18722636-12341329.
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The familiar challenges to historiographical knowledge turn on epistemological concerns having to do with the unobservability of historical events, or with the problem of establishing a sufficiently strong inferential connection between evidence and the historiographical claim one wishes to convert from a true belief into knowledge. This paper argues that these challenges miss a deeper problem, viz., the lack of obvious truth-makers for historiographical claims. The metaphysical challenge to historiography is that reality does not appear to co-operate in our cognitive endeavours by providing truth-makers for claims about historical entities and events. Setting out this less familiar, but more fundamental, challenge to the very possibility of historiography is the first aim of this paper. The various ways in which this challenge might be met are then set out, including ontologically inflationary appeals to abstract objects of various kinds, or to “block” theories of time. The paper closes with the articulation of an ontologically parsimonious solution to the metaphysical challenge to historiography. The cost of this approach is a revision to standard theories of truth. The central claim here is that the standard theories of truth have mistaken distinct causes of truth for truth itself. This mistake leads to distorted expectations regarding truth-makers for historiographical claims. The truth-makers of historiographical claims are not so much the historical events themselves (for they do not exist) but atemporal modal facts about the order of things of which those events were a part.
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Southby, Kris. "Reflecting on (the challenge of) conducting participatory research as a research-degree student." Research for All 1, no. 1 (January 1, 2017): 128–42. http://dx.doi.org/10.18546/rfa.01.1.10.
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Participatory research appeals to notions of community empowerment and of generating more valid data grounded in the lived experiences of communities. For research-degree students, however, implementing such an approach can complicate an already challenging endeavour. Participatory research may juxtapose the institutional mechanisms surrounding a research degree and provide practical barriers to research-degree students. Reflecting on my own experience attempting to conduct a piece of participatory research for my doctoral research, this article concludes that participation should be viewed as an expansive concept and that any meaningful attempt to progress along a continuum of participation should be recognized and encouraged.
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Vallor, Shannon. "Knowing What to Wish For." Techné: Research in Philosophy and Technology 15, no. 2 (2011): 137–55. http://dx.doi.org/10.5840/techne201115213.
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Through an analysis of the appeals to human dignity used by bioconservatives to criticize transhumanist proposals for aggressive development of human enhancement technologies, I identify an implicit tension within such appeals that renders them internally incoherent and ultimately unpersuasive. However, I point the way to a more compelling objection to radical human enhancement available to bioconservatives, a version of the argument from hubris that employs an Aristotelian account of prudential virtue in order to challenge the normative content of the liberal transhumanist vision. The vulnerability of the transhumanist project to this argument is underscored by Ortega y Gasset’s critique of technological mass culture, in which he suggests that humans may increasingly lack the prudential virtues needed to identify and authentically choose those ends worthy of technological pursuit.
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Brown, Sherri. "The Challenge of 2 Peter and the Call to Theosis." Expository Times 128, no. 12 (May 11, 2017): 583–92. http://dx.doi.org/10.1177/0014524617710532.
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Second Peter is notoriously challenging for Christians, and has been from its earliest reception. The task for interpreters, therefore, is to find the practical method in the madness. As a farewell address, the purpose of the letter is to give testament to the author’s life and urge a particular ethical action in the face of revelations about the future, and its Asiatic style presents a strong rhetorical flair meant to affirm and persuade the audience. A closer look at the content of the positive appeals found in the treatise also reveals that in the midst of his vitriolic condemnation of teachers who fracture both the tradition and the community, the author calls for unity through participation in the divine nature of God. This summons contains the raw material of a concept known as theosis; and this is what allows 2 Peter to speak to audiences across the ages.
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Gosney, Paul, Paul Lomax, Carwyn Hooper, and Aileen O’Brien. "Current appeal system for those detained in England and Wales under the Mental Health Act needs reform." Journal of Medical Ethics 45, no. 3 (December 4, 2018): 173–77. http://dx.doi.org/10.1136/medethics-2018-104947.
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The approach to managing the involuntary detention of people suffering from psychiatric conditions can be divided into those with clinicians at the forefront of decision-making and those who rely heavily on the judiciary. The system in England and Wales takes a clinical approach where doctors have widespread powers to detain and treat patients involuntarily. A protection in this system is the right of the individual to challenge a decision to deprive them of their liberty or treat them against their will. This protection is provided by the First-tier Tribunal; however, the number of successful appeals is low. In this paper, the system of appeal in England and Wales is outlined. This is followed by a discussion of why so few patients successfully appeal their detention with the conclusion that the current system is flawed. A number of recommendations about how the system might be reformed are offered.
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Putwain, David W., Wendy Symes, and Tamsin McCaldin. "Teacher Use of Loss-Focused, Utility Value Messages, Prior to High-Stakes Examinations, and Their Appraisal by Students." Journal of Psychoeducational Assessment 37, no. 2 (August 17, 2017): 169–80. http://dx.doi.org/10.1177/0734282917724905.
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This study set out to assess a new instrument designed to measure the perceived frequency that teachers use fear appeals (communicated value messages that focus on avoiding failure) prior to a high-stakes examination and their appraisal as a challenge or a threat. Data were collected from two samples of students preparing for their high-stakes school exit examinations. Exploratory and confirmatory factor analyses supported a three-factor structure of message frequency, challenge, and threat appraisal. Challenge appraisal positively correlated with value, academic self-efficacy, and engagement. Threat appraisal negatively correlated with academic self-efficacy and engagement. Message frequency was unrelated to value, academic self-efficacy, and engagement. The critical factor in determining relations with antecedents and outcomes is not the message frequency but how it is appraised.
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Peters, A. "Transparency and Due Process: A Systematic Approach to Educational Decision-making and Appeals." European Psychiatry 41, S1 (April 2017): S300. http://dx.doi.org/10.1016/j.eurpsy.2017.02.185.
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IntroductionTransparency and due process are inseparable principles that should underpin any educational and administrative decision made within an organization.ObjectivesIt is considered best practice for organizations to place the processes and structures surrounding reviews of decisions made by their organization at arm's length to the committee or group that made the original decision. This ensures there is and that due process is followed.AimsAn independent appeal process is an integral part of any fair system of assessment and decision making.MethodsThe Royal Australian and New Zealand College of psychiatrists has undertaken several reviews of its current processes to examine its practices as both substantive and procedural issues arise in decisions with regard to the provision of psychiatric training. The reconsideration and appeal policy was developed to set out a clear and fair process for applicants to request decisions of the RANZCP to be reconsidered and appealed. This ensures that an applicant has a fair and reasonable opportunity to challenge the original decision whilst receiving support from the RANZCP to minimize any stress that may be experienced during this process.ResultsThe RANZCP has observed that the three phase process has enabled matters to be resolved at an earlier stage of the appeal cycle and do not require progression to a formal appeal.ConclusionThis presentation will identify best practice methods in educational decision-making and conducting appeals.Disclosure of interestThe author has not supplied his/her declaration of competing interest.
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Hamilton, Tomas. "Case Admissibility at the International Criminal Court." Law and Practice of International Courts and Tribunals 14, no. 2 (August 24, 2015): 305–17. http://dx.doi.org/10.1163/15718034-12341295.
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The existing jurisprudence of the icc establishes a two-step test for determining challenges to the admissibility of a case under Article 17 of the Rome Statute, now further solidified by an Appeals Chamber judgment in Simone Gbagbo. Notably, this is an area of the jurisprudence that does not suffer from excessive fragmentation. The Court has consistently required “substantially the same conduct” for a finding of parity between its own case and the case under investigation or prosecution by domestic authorities. Different outcomes in Al-Senussi and Gaddafi are attributable to factual differences, leaving intact the fundamental approach of the Court to the “inability” and “unwillingness” aspects of complementarity. Although novel fact patterns may pose future challenges to the coherence of this approach, the core principles of case admissibility are now well established, increasing legal certainty for States and individuals who seek to challenge the admissibility of cases before the Court.
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Law, Nathaniel. "Abortion: Supreme Court Avoids Disturbing Abortion Precedents by Ruling on Grounds of Remedy – Ayotte v. Planned Parenthood of Northern New England." Journal of Law, Medicine & Ethics 34, no. 2 (2006): 469–71. http://dx.doi.org/10.1111/j.1748-720x.2006.00055.x.
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On January 18, 2006, the United States Supreme Court unanimously held that the constitutional challenge to New Hampshire's Parental Notification Prior to Abortion Act would be remanded to the United States Court of Appeals for the First Circuit, to determine whether the Court of Appeals could, consistent with New Hampshire's legislative intent, formulate a narrower remedy than a permanent injunction against enforcement of the parental notification law in its entirety.In 2003, New Hampshire enacted the Parental Notification Prior to Abortion Act (“The Act”). The Act specifies, in pertinent part, that “No abortion shall be performed upon an unemancipated minor or upon a female for whom a guardian or conservator has been appointed… until at least 48 hours after written notice of the pending abortion has been delivered....” The Act allows for three exceptions where a physician may perform an abortion on a minor child without parental or guardian notification.
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Liu, Jianqiang, Shuai Huo, and Yi Wang. "A Hierarchical Mapping System for Flat Identifier to Locator Resolution Based on Active Degree." Future Internet 10, no. 8 (August 8, 2018): 75. http://dx.doi.org/10.3390/fi10080075.
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Overloading of IP address semantics appeals for a new network architecture based on Identifier (ID)/Locator separation. The challenge of Identifier (ID)/Locator separation is how to solve the scalability and efficiency challenges of identity-to-location resolution. By analyzing the requirements of the Identifier (ID)/Locator separation protocol, this paper proposes a hierarchical mapping architecture on active-degree (HMAA). This HMAA was divided into three levels: active local level, neutral transfer level, and inert global level. Each mapping item is dynamically allocated to different levels to ensure minimizing delay according to its activity characteristics. The top layer CHORD is constructed by the Markov Decision Process, which can keep consistency between the physical topology and the logical topology. The simulation results on delay time show that HMAA can satisfy the scalability and efficiency requirements of an Identifier (ID)/Locator separation network.
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Orentlicher, David. "The Commercial Speech Doctrine in Health Regulation: The Clash between the Public Interest in a Robust First Amendment and the Public Interest in Effective Protection from Harm." American Journal of Law & Medicine 37, no. 2-3 (June 2011): 299–314. http://dx.doi.org/10.1177/009885881103700205.
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Historically, government has been given more leeway when invoking its interests in safeguarding the public health than when asserting other state interests. Thus, for example, when considering a constitutional challenge to mandatory smallpox immunization in Jacobson v. Massachusetts, the Supreme Court employed its highly deferential, rational basis review rather than the stricter level of scrutiny that it normally employs when individuals assert interests in bodily integrity. Similarly, Congress and the Food and Drug Administration (FDA) have imposed greater restrictions on the speech of pharmaceutical companies than have been considered acceptable for speech in other commercial settings.In recent years, however, it appears that a trend is developing toward applying the same level of constitutional scrutiny to health regulation. In Abigail Alliance, a three-judge panel in the U.S. Court of Appeals for the D.C. Circuit overrode FDA regulations to recognize a constitutional right of access for patients to experimental chemotherapy.
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Ibrahim, George M., Michael Tymianski, and Mark Bernstein. "Priority Setting in Neurosurgery as Exemplified by an Everyday Challenge." Canadian Journal of Neurological Sciences / Journal Canadien des Sciences Neurologiques 40, no. 3 (May 2013): 378–83. http://dx.doi.org/10.1017/s0317167100014347.
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Background:The allocation of limited healthcare resources poses a constant challenge for clinicians. One everyday example is the prioritization of elective neurosurgical operating room (OR) time in circumstances where cancellations may be encountered. The bioethical framework, Accountability for Reasonableness (A4R) may inform such decisions by establishing conditions that should be met for ethically-justifiable priority setting.Objective:Here, we describe our experience in implementing A4R to guide decisions regarding elective OR prioritization.Methods:The four primary expectations of the A4R process are: (1) relevance, namely achieved by support for the process and criteria for decisions amongst all stakeholders; (2) publicity, satisfied by the effective communication of the results of the deliberation; (3) challengeability through a fair appeals process; and (4) Oversight of the process to ensure that opportunities for its improvement are available.Results:A4R may be applied to inform OR time prioritization, with benefits to patients, surgeons and the institution itself. We discuss various case-, patient-, and surgeon-related factors that may be incorporated into the decision-making process. Furthermore, we explore challenges encountered in the implementation of this process, including the need for timely neurosurgical decision-making and the presence of hospital-based power imbalances.Conclusion:The authors recommend the implementation of a fair, deliberative process to inform priority setting in neurosurgery, as demonstrated by the application of the A4R framework to allocate limited OR time.
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Molin, Thaís Ramos Dal, Gabriela Camera Leal, Diana Tomazzi Muratt, Gabriela Zanella Marcon, Leandro Machado de Carvalho, and Carine Viana. "Regulatory framework for dietary supplements and the public health challenge." Revista de Saúde Pública 53 (October 22, 2019): 90. http://dx.doi.org/10.11606/s1518-8787.2019053001263.
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OBJECTIVE: The new regulatory framework for dietary supplements in Brazil prompted this analysis of the current outlook of these products and the challenges posed by the new guidelines. METHODS: We conducted a qualitative, observational and descriptive study of dietary supplements commercialized in Brazilian online stores with the help of the Google® search tool. We considered the ingredients on the labels, the effects attributed to these products and the commercial claims used as a means of promoting them to assess the necessary changes for the legal framework in the new guidelines. Finally, with the help of a database, we compared the effects declared by the manufacturers and attributed to certain ingredients with the scientific evidence described in literature. RESULTS: In total, we purchased 44 dietary supplements from Brazilian online stores (n = 7). Of the samples studied, 34.2% could not be classified in the category Dietary Supplements, as recommended by the new regulation of the Brazilian Health Regulatory Agency due to the presence of prohibited substances; 16% of products should be commercialized as medicines. Regarding the commercial appeals, 97.7% had banned expressions. Numerous claims of effects attributed to certain products were characterized as consumer fraud because they have no scientific evidence. CONCLUSIONS: The necessary changes represent a major regulatory and production challenge due to the wide range of dietary supplements and markets, an effort that aims to protect the consumers’ health. Some previous gaps in the regulatory framework were not fully solved.
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Gallagher, Tom. "Rome at Bay: The Challenge of the Northern League to the Italian State." Government and Opposition 27, no. 4 (October 1, 1992): 470–85. http://dx.doi.org/10.1111/j.1477-7053.1992.tb00424.x.
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THE MOST SURPRISING BENEFICIARY OF A SERIES OF upsets in European elections which have shaken established political forces is probably the Lega Nord (Northern League) which wants to make the north of Italy effectively self-governing within a radically decentralized Italian state. In the Italian general election of 5 – 6 April 1992, its national vote rose from 0.5 to 8.7 per cent making it Italy's fourth largest party, while in the north it lies second behind the ruling Christian Democrats. The 3,394,917 votes which it has amassed represents a serious challenge to over a century of centralized rule in which before, during, and after the fascist period, consistent efforts were made to create a single nation, with uniform traditions and laws, out of diverse regions of the Italian peninsula. The League message is one which appeals to a range of social groups who feel that their interests are no longer served by a blocked political system unable to correct serious abuses in Italian public life. Despite warnings of chaos and instability if the Christian Dcmocrats and smaller governing parties were not given enough seats to form a new coalition, exasperated voters were prepared to reject existing arrangements.
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Moore, Elena. "“My Husband Has to Stop Beating Me and I Shouldn’t Go to the Police”: Family Meetings, Patriarchal Bargains, and Marital Violence in the Eastern Cape Province, South Africa." Violence Against Women 26, no. 6-7 (April 15, 2019): 675–96. http://dx.doi.org/10.1177/1077801219840440.
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This article examines how women in South Africa, in challenging marital violence, navigate relations of patriarchal domination through appeals to the state, familial channels, or a combination of both. Using Kandiyoti’s concept of “patriarchal bargains,” the article describes how women during family meetings draw upon the state to challenge patriarchy within intimate partnerships and reassert control within their marriages. However, by drawing on the state for support, women have to navigate the patriarchal domination at the macro level as the state continues to act as an oppressive entity, particularly as it continues to constrain women’s access to justice.
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Boduszyński, Mieczysław P., and Vjeran Pavlaković. "Cultures of Victory and the Political Consequences of Foundational Legitimacy in Croatia and Kosovo." Journal of Contemporary History 54, no. 4 (June 3, 2019): 799–824. http://dx.doi.org/10.1177/0022009419838045.
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What are the consequences of a culture of victory in countries undergoing new state formation and democratic transition? In this article, we examine ‘foundational legitimacy,’ or a hegemonic narrative about the way in which a new state was created, and the role particular groups played in its creation. We argue that the way in which victory is institutionalized can pose a grave threat to the democratic project. If reconciliation and democratization depend of integrating losers into the new order and recognizing plural narratives of state formation, then exclusivist narratives based on foundational legitimacy pose a direct challenge to both. We focus on two Yugoslav successor states, Kosovo and Croatia. For both cases, we trace how appeals to ‘foundational legitimacy’ by groups that claim a leading role in the struggle for independence fostered a politics of exclusion, which ran counter to both the spirit of democracy. In Croatia, foundational legitimacy was partly challenged after 2000 by reformist political forces, though more recently it has re-appeared in political life. In Kosovo, foundational legitimacy was never successfully challenged and continues to shape political dynamics to the present day.
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Repnikova, Maria, and Kecheng Fang. "Digital Media Experiments in China: “Revolutionizing” Persuasion under Xi Jinping." China Quarterly 239 (April 8, 2019): 679–701. http://dx.doi.org/10.1017/s0305741019000316.
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AbstractWith the rapid decline of traditional media in China, the party-state faces the growing challenge of shaping public opinion online. This article engages with one response to this challenge – a state-sanctioned digital media experiment aimed at creating a new form of journalism that appeals to the public and helps to disseminate Party propaganda. We analyse the emergence of a national success story, Shanghai-based model media outlet Pengpai, and its diffusion across different regions. We argue that the synergy between local officials and media entrepreneurs has propelled Pengpai’s national fame. We further demonstrate that while there has been a cross-national attempt to diffuse this model, it has produced mixed results owing to a number of factors, including the superficial commitment of local officials and media professionals. These findings demonstrate that state-sanctioned decentralized experimentation can deliver unpredictable results in the sphere of media policy, and they further question the capacity of the party-state to effectively reinvent public persuasion in the digital age.
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van Zetten, Frans. "What's Wrong with Social Norms? An Alternative to Elster's Theory." Canadian Journal of Philosophy 27, no. 3 (September 1997): 339–60. http://dx.doi.org/10.1080/00455091.1997.10715955.
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Is guidance by social norms compatible with rationality? Jon Elster has argued inThe Cement of Societythat there is a fundamental contrast between rationality and conformity to social norms. The context of study is the problem of collective action, with special emphasis on collective wage bargaining. In such negotiations, the appeal to social norms rather than to self-interest can block agreement. Suppose one union is committed to the norm of equal pay for equal work; another one appeals to the norm of equal pay for everybody, regardless of the type of work. ‘In the presence of competing norms that favor different groups, the self-righteousness conferred by belief in a norm can lead to a bargaining impasse.'In confrontations between individuals, codes of honor can produce similar problems. It is in no one's interest to face a colleague over the barrel of a gun because one has made a nasty remark about his latest book, but if the code demands that one fight it out, the challenge must be accepted.
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Elliott, M. K., and R. D. N. Wakelin. "Drivers of top performing farmers." NZGA: Research and Practice Series 16 (January 1, 2016): 25–28. http://dx.doi.org/10.33584/rps.16.2016.3255.
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The core drivers for why top performing farmers operate the way they do is the importance of both family and the 'way of life' that farming provides. While profitability is critical, when it is boiled down, profits allow top performers to provide opportunities for their families, and live the farming 'way of life' that appeals so deeply to them. These two factors are then followed by a diverse range of drivers that all form the fabric of farming that drive top performers to get out of bed and push for even greater productivity and profits. Keywords: Performance drivers, way of life, profitability, dynamic challenge, attention to detail, efficiency
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Glock, Hans-Johann. "Determinacy of Content." Harvard Review of Philosophy 27 (2020): 101–20. http://dx.doi.org/10.5840/harvardreview202072631.
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Few arguments against intentional states in animals have stood the test of time. But one objection by Stich and Davidson has never been rebutted. In my reconstruction it runs: Ascribing beliefs to animals is vacuous, unless something counts as an animal believing one specific “content” rather than another; Nothing counts as an animal believing one specific content rather than another, because of their lack of language; Ergo: Ascribing beliefs to animals is vacuous. Several attempts to block the argument challenge the first premise, notably the appeals to “naked” belief ascriptions and alternative representational formats. This essay defends the first premise and instead challenges the second premise. There are non-linguistic “modes of presentation”; these can be determined by attributing to animals specific needs and capacities—a “ hermeneutic ethology” based on lessons from the debate about radical translation/interpretation in the human case. On that basis we can narrow down content by exclusion. What remains is an “imponderability of the mental” which does not rule out attributions of intentional states to animals.
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Jones, A. W. "4. Are a Blood Alcohol Concentration of 256mg/dl and Minimal Signs of Impairment Reliable Indications of Alcohol Dependence?" Medicine, Science and the Law 34, no. 3 (July 1994): 265–70. http://dx.doi.org/10.1177/002580249403400316.
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This article describes a drink-driving scenario where a woman was apprehended for driving under the influence (DUI) with a blood alcohol concentration (BAC) of 256mg/dl1 The correctness of this result was vigorously challenged by a medical expert witness for the defence, who was actually a specialist in alcohol diseases. Despite reanalysis to confirm the BAC as well as a DNA profile to prove the identity of the blood specimen, the woman was acquitted of the charge of drunk driving by the lower court. However, she was subsequently found guilty in the High Court of Appeals with a unanimous decision and sentenced to four weeks imprisonment. This case report illustrates some of the problems surrounding the use of expert medical evidence by the defence to challenge the validity of the prosecution evidence based solely on a suspect's BAC. In situations such as these, an expert witness should be called by the prosecution to clarify and, if necessary, rebut medical and/or scientific opinions that might mislead the court and influence the outcome of the trial.