Academic literature on the topic 'Contempt of court'
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Journal articles on the topic "Contempt of court"
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Samantasinghar, Jajati Keshari. "Contempt of Court as Defined in “Contempt of Courts Act 1971." Journal of Advance Research in Social Science and Humanities (ISSN: 2208-2387) 3, no. 5 (May 31, 2017): 01–08. http://dx.doi.org/10.53555/nnssh.v3i5.170.
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Contempt of Courts means any act that interferes and obstructs in the process of administration of Justice or undermines or lowers the authority & dignity of the courts and bring them into disrespect and disrepute. It is therefore, necessary that courts are vested with the power to punish for committing the offence of contempt of court. In India the first statute to deal with the offence of contempt of court was contempt of court Act 1926. After independence the Contempt of Court Act 1952 was enacted. However one common lacunae was conspicuous in both the earlier Act. Both the Contempt Act 1926 & 1952 did not define the offence of Contempt. On the basis of Sanyal Committee report & Joint selected Committee known as Bharghab Committee the Contempt of Court Act 1971 was brought in incorporating the definition of Contempt in clear and definite terms.
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Jumani ,, Abdullah. "https://habibiaislamicus.com/index.php/hirj/article/view/259." Habibia Islamicus 5, no. 4 (December 30, 2021): 9–14. http://dx.doi.org/10.47720/hi.2021.0504e02.
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Pakistan emerged on the map of the world in 1947, the Contempt of the Courts Act, 1926 prevailing in sub-continent before partition was adopted. In 1976, under Article 204 of the constitution of Pakistan ,1973, the Contempt of Court Act ,1976 was enacted which repealed Contempt of Courts Act,1926. There after Contempt of Court Ordinances ,1998, 2003,2004 were promulgated from time to time and in 2012, the Contempt of Court Act, 2012 was enacted. The Supreme Court of Pakistan in a judgment declared the Act, 2012 unconstitutional and revived the Contempt of Court Ordinance, 2003. The purpose of this article is to study the revival of Ordinance, 2003 in the light of Constitution, 1973 and to ascertain that which law of Contempt of Court is holding the field in the country.
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Beger, Randall R. "Illinois Juvenile Justice: An Emerging Dual System." Crime & Delinquency 40, no. 1 (January 1994): 54–68. http://dx.doi.org/10.1177/0011128794040001004.
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Trial courts have inherent powers, including the authority to punish for contempt. Historically, contempt charges were limited to adults who understood the consequences of deliberately disregarding a court order or challenging the court's authority. Illinois juvenile court judges now use contempt power to force nondelinquent status offenders to comply with routine court directives, a practice having no legal or historical precedent and conflicting with the legislative intent of the Illinois Juvenile Court Act.
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Atkin, Bill. "The Family Court – Contempt and Inherent Powers." Victoria University of Wellington Law Review 54, no. 1 (October 15, 2023): 25–38. http://dx.doi.org/10.26686/vuwlr.v54i1.8434.
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This article honours the achievements of Professor ATH Smith both in New Zealand and abroad. Its focus is on aspects of the New Zealand Family Court. The law of contempt is now governed by the Contempt of Court Act 2019. The earlier leading case on the contempt powers of the Family Court is analysed, followed by the changes made by the 2019 Act and their implications for the Court. The discussion is on the basis that the Family Court does not have inherent powers to deal with contempt situations not covered by the statutory scheme. As a part of the District Court, its inherent powers are limited to matters of procedure: contempt is a substantive matter, not one of procedure. The article concludes by briefly raising the wider question of whether the distinction between the senior courts and the lower ones, such as the Family Court, is helpful.
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Syafaq, Hammis, Nur Lailatul Musyafaah, and Sri Warjiyati. "Judicial Commission Role to Handle Contempt of Court in Indonesia from the Perspective of Islamic Legal Thought." European Journal of Law and Political Science 2, no. 3 (May 24, 2023): 7–13. http://dx.doi.org/10.24018/ejpolitics.2023.2.3.90.
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Contempt of Court still occurs in many courts in Indonesia. Therefore, the government established the Judicial Commission of the Republic of Indonesia to maintain the dignity and dignity of the courts in Indonesia. This study discusses how the Judicial Commission of the Republic of Indonesia plays a role in handling the Contempt of Court in Indonesia from the perspective of Islamic Legal Thought. This research is literature with a qualitative approach. Data was collected through literature studies in the form of laws, books, and journals. The collected data is analyzed descriptively with a deductive model. This research shows that the Judicial Commission has been essential in preventing the Contempt of Court in Indonesia. The Judicial Commission of the Republic of Indonesia carries preventive and repressive actions. Preventive actions are carried out to avoid the Contempt of Court, while repressive actions are carried out to deal with the Contempt of Court in Indonesia. In Islamic legal thought, the role of the Judicial Commission is according to the role of Diwan al-Hisbah and the rule of Islamic Law "dar' al-mafasid muqaddam ala jalb al-mashalih" (rejecting harm is prioritized over bringing benefit) and "al-dharar yuzal" (damage must be eliminated). The role of the Judicial Commission in resolving Contempt of Court cases can make courts a safe place to enforce the law in Indonesia.
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Afriana, Anita, Artaji Artaji, Elis Rusmiati, Efa Laela Fakhriah, and Sherly Putri. "CONTEMPT OF COURT: PENEGAKAN HUKUM DAN MODEL PENGATURAN DI INDONESIA / CONTEMPT OF COURT: LAW ENFORCEMENT AND RULE MODELS IN INDONESIA." Jurnal Hukum dan Peradilan 7, no. 3 (December 18, 2018): 441. http://dx.doi.org/10.25216/jhp.7.3.2018.441-458.
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Di Indonesia sesungguhnya banyak kasus yang terjadi berkaitan dengan pelecehan terhadap pengadilan dan aparat penegak hukum. Hal tersebut berpengaruh terhadap integritas dan kewibawaan lembaga peradilan sebagai benteng terakhir untuk mendapatkan keadilan. Namun, sampai saat ini di Indonesia belum ada ketentuan yang secara khusus mengatur tentang pranata Contempt of Court. Artikel ini merupakan bagian dari penelitian yang telah selesai dilakukan dengan metode yuridis normatif yang mengedepankan data sekunder dengan dilengkapi data primer berupa penelitian lapangan yang dilakukan pada beberapa pengadilan negeri yang ada di Indonesia. Pembahasan difokuskan pada permasalahan eksistensi pengaturan dan penegakan hukum Contempt of Court serta menentukan model pengaturannya di Indonesia. Peraturan perundang-undangan yang mengatur tentang Contempt of Court secara khusus sampai saat ini masih belum ada. Akan tetapi, pengaturannya telah tersebar dalam Kitab Undang-Undang Hukum Pidana (KUHP). Oleh karena itu, dari sekian kasus terkait dengan Contempt of Court baik berupa tindakan maupun perbuatan yang sesungguhnya mengganggu keselamatan, ketenangan psikis maupun fisik, serta apa pun yang pada prinsipnya merupakan bentuk penghinaan terhadap pengadilan belum diberikan sanksi yang tegas tetapi hanya sekedar dikeluarkan dari ruang persidangan. Contempt of Court dapat terjadi baik di dalam ruang persidangan maupun di luar persidangan baik pada perkara pidana, perdata, maupun hubungan industrial. Semakin meluaskan berbagai tindakan yang dapat dikategorikan sebagai contempt of court maka perlu untuk mengatur Contempt of Court dalam bentuk aturan tersendiri.This crisis of public confidence greatly affects the integrity and authority of the judiciary as the last defence for justice. Many things happened related to the harassment of the courts and law enforcement agencies but until now in Indonesia there has been no provision specifically about contempt for the court. This article is a part of research that its used normative judicial method which gave priority to primary data with secondary and primary data. Therefore, field research was conducted by interviewing judge in some district court in Indonesia. The purpose of this research is to know the existence of regulation and law enforcement of Contempt of Court in Indonesia and to determine the model of Contempt of Court arrangement that is in accordance with the judiciary in Indonesia, and the summary is the laws and regulations governing the Contempt of Court in particular have so far not existed, but are scattered in the Criminal Code (Criminal Code), therefore in many cases both actions and deeds which in principle interfere with safety, psychic and physical calm which in principle is a form of humiliation to the court has not been given strict sanctions but only just removed from the courtroom. Contempt of Court can take place both within the courtroom and outside the court so that by extending the various actions that can be categorized as contempt of court, it is deemed necessary to regulate the Contempt of Court in the form of a separate rule.
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Crête, Raymonde. "L'enquête publique et le pouvoir de condamnation pour outrage au tribunal." Les Cahiers de droit 19, no. 4 (April 12, 2005): 859–79. http://dx.doi.org/10.7202/042278ar.
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In the sphere of public inquiries, i.e. those which are limited to the exercice of the power of inquiry and recommendation to a higher instance, the Quebec legislator has enacted different provisions conferring upon the investigators the power to punish acts of contempt. Such provisions were necessary because investigators, as opposed to judges of the superior courts and the courts of records, possess no inherent capacity to impose penalties for acts of contempt committed in or out of their presence. To this end, the legislator has conferred upon investigators the power to condemn for contempt of court, by provisions which refer to the powers of the Superior Court in this matter. The investigators therefore may punish acts of contempt committed in their presence, such as witnesses' refusal to testify or produce documents. It is however more difficult to determine if the investigators are empowered to punish acts of contempt committed outside their presence, for usually inferior courts are not so empowered. In this connection, the courts have also examined the nature of contempt, which can be either civil or criminal depending on the nature of the jurisdiction exercised and the offence committed. With respect to public inquiries, it is equally interesting to ask oneself if the investigators can use contempt of court as a means of punishment. Relative to this question, we think that the investigators should sanction contempt only as a coercive means and not as punishment. Upon conviction of contempt, it is important that the convicted parties have some recourse, since the decisions may have serious consequences such as a fine or imprisonment. In this regard, the courts agree to exercice their powers of control when commissioners exceed their jurisdiction. There is however no right to appeal the commissioner's decision. Investigators may conceivably use such vast powers in an arbitrary and abusive manner. In a perspective of legislative reform, we would be of the opinion that it would be preferable to attribute such a power to a court of justice rather than to the investigators themselves.
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Kholis, Nur. "ASAS NON DISKRIMINASI DALAM CONTEMPT OF COURT." Legality : Jurnal Ilmiah Hukum 26, no. 2 (February 14, 2019): 210. http://dx.doi.org/10.22219/jihl.v26i2.7797.
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This research raises the title of non discrimination principle in contempt of Court with legal issue (1). Non-discrimination Principles as the basis for the application of Contempt of Court criminal acts and (2). Formulation of sanction of Contempt of Court crime by using method (1). Normative research type, (2). Approach problems that include (a). Conceptual approach, (b). Legal Approach, (c). Case approach and (d). Comparative approach. The result of this dissertation research in the form of Contempt of court is an insulting behavior, disobedient to the order of the court institution (harassment) which has been included in the criminal law realm. Contempt of court derived from common law system, not derived from countries that the legal system embraces Civil law system including the State of Indonesia. While in Indonesia first knew Contempt of Court on the enactment of Law No. 14 of 1985 on the Supreme Court of the Republic of Indonesia. The Criminal Code (KUHP) does not regulate the crime of Contempt of court, but only acts or criminal acts in the Criminal Code are categorized into the realm of criminal acts Contempt of court, so that the Judge (court) is only a legal object of action criminal Contempt of court. The Non-Discrimination Principle can be applied to the crime of Contempt of Court because all legal subjects must be equal before the law, so that the application of the principle of Non-Discrimination judges will be the subject of law, so there is a shift in the concept of being a legal subject because it is based on the principle of Non Discrimination. The norm as a Contempt of court arrangement is stated as "everyone ...".
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De Sousa, Freidelino Paixao Ramos Alves. "Non-compliance with Constitutional Court Decisions as an Act of Contempt of Court." Indonesian State Law Review (ISLRev) 4, no. 2 (November 20, 2022): 52–66. http://dx.doi.org/10.15294/islrev.v4i2.54617.
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As one of the institution that holding the judicial power according to article 24 and 24C in Constitution of Republic of Indonesia, Constitucional Court is enforcing the law and justice through its decisions. By Its decisions, the expectation is all the legal issues in constitucional field could be resolved. Disobeying of Constitucional Courts orders is categorized as contempt of Constitucional Court as judicative branch. Disobeying of constitucional courts order principally is a contempt of court, where it could be punished according to article 216 (1) Indonesian Penal Code.
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Zulaichah, Siti. "The important of designing legislation on Indonesian contempt of court act: legal practitioners perspective." Borobudur Law Review 5, no. 1 (February 27, 2023): 15–30. http://dx.doi.org/10.31603/burrev.6584.
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Contempt of court term in Indonesia has been initially originated in the general definition of Law 14th 1985 on Supreme Court item 4 paragraph 4. In that general definition, it implied an obligation to confirm the law soon specifically regulating about the contempt of court in Indonesia. The perspective of legal experts and practitioner, were expected to contribute within the implementation of contempt of court regulation. Controversy on contempt of court started being a polemic as Law Draft of Criminal Code has appeared, in which within one of this law draft has inserted articles about contempt of court. This research was aimed to analyze factors that could cause contempt of court and its urgency in forming the regulation of contempt of court in Indonesia. The method in this research was juridical-empirical method. Moreover, the researchers in this research attempted to describe point of views of legal practitioners in Malang that were obtained from interview and observation with judges, prosecutors, and lawyers. The researchers used qualitative approach as the type of research approach. This research result explained that the prevalence of contempt of court case until recently was appeared due to the lack of public awareness in complying with the law and low ethical behavior of the law of either the society or law enforcer.
Dissertations / Theses on the topic "Contempt of court"
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Fox, Timothy Davis. "Right back "in facie curiae" : a statistical analysis of appellate affirmance rates in court-initiated attorney-contempt proceedings /." abstract (free order & download UNR users only), 2007. http://0-gateway.proquest.com.innopac.library.unr.edu/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:1448331.
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Thesis (M.J.S.)--University of Nevada, Reno, 2007."August, 2007." Includes bibliographical references. Online abstract available on the World Wide Web. Library also has microfilm. Ann Arbor, Mich. : ProQuest Information and Learning Company, [2007]. 1 microfilm reel ; 35 mm.
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BARBOSA, A. V. O. "O Contempt of court no direito norte-americano e brasileiro." Universidade Federal do Espírito Santo, 2010. http://repositorio.ufes.br/handle/10/2708.
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Previous issue date: 2010-06-21O contempt of court stricto sensu é um ato de desprezo pela corte, um ato de desrespeito ou desobediência para com o poder judiciário, que interfere em seu procedimento regular com a intenção de embaraçar, atrapalhar ou obstruir a administração da justiça. Lato sensu corresponde ao que chamamos de instituto jurídico compreendendo além do ato propriamente dito, o poder que a corte tem para reprimir este, os procedimentos necessários para sua apuração e as sanções aplicáveis. O contempt power é o poder que as cortes possuem para reprimir atos que constituem contempt of court por intermédio da aplicação de sanções. A premissa básica é que não existe judiciário sem um poder que lhe assegure autoridade e garanta o cumprimento de suas decisões. A origem deste poder se confunde com a própria origem do judiciário nos países de common law, o que acaba por torná-lo inerente a este. É certo que não se trata de um poder ilimitado, utilizado indiscriminadamente, existem procedimentos próprios para a apuração deste. No Brasil o instituto não é utilizado em sua plenitude, entretanto a vasta pesquisa jurisprudencial efetuada permitiu concluir que os Tribunais pátrios reconhecem o contempt of court tanto no sentido estrito, relacionado ao ato atentatório propriamente dito, como no amplo, como o instituto adequado para punir atos de desobediência a ordens judiciais.
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Atake, E. D. "Contempt in the face of the court and the procedure for committal." Thesis, University of Cambridge, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.384309.
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Mohd-Sheriff, Shukriah. "The contempt power : a sword or a shield? : a study of the law and practice of contempt of court in Malaysia." Thesis, Durham University, 2010. http://etheses.dur.ac.uk/536/.
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The issue relating to contempt of court has caught the attention of people from all walks of life in Malaysia, particularly, after the controversial incidents of the removal of Tun Salleh Abbas, the then Lord President, in 1988 and the dismissal of the former Deputy Prime Minister, Dato’ Seri Anwar Ibrahim, in 1998. The judiciary is attacked and its independence is questioned. The lawyers are placed under the threat of contempt proceedings when they tried to exercise their right to freedom of speech and expression and to exercise their duty to act for their clients without fear or favour. The Bar feels that the right to freedom of speech and expression is infringed. The Bar perceives that the contempt power was being misused by the judges. The Malaysian law of contempt of court is derived from the English common law tradition and is characterised by substantial flexibility. This flexibility results in variable approaches and perceptions by judges that leave uncertainties in this area of law. Consequently, a draft of Contempt of Court Act 1999 has been proposed to the Malaysian government with the main intention of overcoming uncertainties in the law. Placing the comprehensive rules in a statute will allow easier access to and greater clarity of the law because all the rules and procedures would be found in one piece of legislation. This thesis aims to state and explain the law and the practice of contempt of court in Malaysia. This study will examine the anomalies that derived from the substantial flexibility approaches by the judges in this area of law. Thorough examination and analysis would help identifying the problems and dilemma and the way that the draft Contempt of Court Act 1999 could provide remedies for the predicaments. To illuminate the understanding of the actual practical problem, this study incorporates in-depth interviews together with questionnaire surveys. A total of 15 in-depth interviews have been conducted among the Malaysian judicial officers, advocates and prosecutors. This is further complemented by postal questionnaires sent to these selected legal actors chosen at random in accordance with their seniority, aiming at eliciting their knowledge and opinion on the subject matter at hand. The combinations of theoretical discussion on contempt of court, together with the empirical study, have proved to yield a valuable insight into the re-evaluation of the Malaysian law and practice of contempt of court. This research reveals that the uncertainties in the law of contempt of court in Malaysia were ‘caused’ by the inconsistencies in the application and approaches by the judges. The judges have unfettered discretion in determining contempt cases. The majority of the Malaysian legal actors support the idea of placing the law of contempt in a piece of legislation in order to overcome these arbitrariness and uncertainties. They hold that to have credence, the law of contempt would have to be well-defined, as in the absence of any clear guidelines it would be unmerited to imprison anyone for contempt.
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Carvalho, Fabiano Aita. "O contempt of court como técnica processual para efetivação de direitos: a ponderação de direitos fundamentais e a coerção pessoal para sua concretização." Pontifícia Universidade Católica do Rio Grande do Sul, 2011. http://hdl.handle.net/10923/2303.
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Previous issue date: 2011This Master’s thesis deals with the contempt of court as a means of coercion for enforcing rights, mainly the fundamental rights. For both, we analyze the first institute in the U. S. law, time when we established the concept, species (direct, indirect, civil and criminal), application requirements and sanctions (imprisonment, fines, loss of procedural rights and sequestration). Later, we enter the study of the current scenario of contempt of court in the Brazilian legal system, as well as species of coercion used in our law, namely, coercion sheet (astreintes) and staff (civil arrest of debtor). Finally, addressing the central theme, We demonstrate the admissibility of the imprisonment for contempt of court in Brazil as a means of enforcing rights. We evidenced the possible conflict of principles for adoption of the institute as a means of coercion, discoursing about human dignity, fundamental right to liberty and effective legal protection. We conclude through feasibility of civil imprisonment for contempt of court in very special situations, for safeguard of fundamental rights, based on opening of executives means existing in Article 461, § 5 of the Code of Civil Procedure.
A presente dissertação de Mestrado aborda o contempt of court como meio de coerção para efetivação de direitos, principalmente os fundamentais. Para tanto, primeiramente é analisado o instituto no direito norte-americano, momento em que estabelecido o conceito, espécies (direto, indireto, civil e criminal), requisitos de aplicação e sanções (prisão, multa, perda dos direitos processuais e sequestro). Posteriormente, adentrou-se ao estudo do atual cenário do contempt of court no sistema jurídico brasileiro, bem como as espécies de coerção utilizadas em nosso direito, a saber, a coerção patrimonial (astreintes) e pessoal (prisão civil do devedor de alimentos). Finalmente, abordando o tema central, demonstrou-se a admissibilidade da prisão por contempt of court no Brasil como meio de efetivação de direitos. Evidenciou-se o possível conflito de princípios para adoção do instituto como meio de coerção, discorrendo acerca da dignidade da pessoa humana, direito fundamental à liberdade e à tutela jurídica efetiva. Concluiu-se pela viabilidade da prisão civil por contempt of court em especialíssimas situações, para salvaguarda de direitos fundamentais, com base na abertura dos meios executivos existente no artigo 461, §50, do Código de Processo Civil.
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Moore, Allan Thomas. "Reform of contempt of court in facie curiae in Scotland. The necessity for an overhaul of the law, with reference to current deficiencies, inconsistencies, international comparisons, and the effects of courtroom behaviour and environment on persons present in court." Thesis, University of the West of Scotland, 2016. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.742414.
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Carvalho, Fabiano Aita. "O contempt of court como t?cnica processual para efetiva??o de direitos: a pondera??o de direitos fundamentais e a coer??o pessoal para sua concretiza??o." Pontif?cia Universidade Cat?lica do Rio Grande do Sul, 2011. http://tede2.pucrs.br/tede2/handle/tede/4157.
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Previous issue date: 2011-08-26A presente disserta??o de Mestrado aborda o contempt of court como meio de coer??o para efetiva??o de direitos, principalmente os fundamentais. Para tanto, primeiramente ? analisado o instituto no direito norte-americano, momento em que estabelecido o conceito, esp?cies (direto, indireto, civil e criminal), requisitos de aplica??o e san??es (pris?o, multa, perda dos direitos processuais e sequestro). Posteriormente, adentrou-se ao estudo do atual cen?rio do contempt of court no sistema jur?dico brasileiro, bem como as esp?cies de coer??o utilizadas em nosso direito, a saber, a coer??o patrimonial (astreintes) e pessoal (pris?o civil do devedor de alimentos). Finalmente, abordando o tema central, demonstrou-se a admissibilidade da pris?o por contempt of court no Brasil como meio de efetiva??o de direitos. Evidenciou-se o poss?vel conflito de princ?pios para ado??o do instituto como meio de coer??o, discorrendo acerca da dignidade da pessoa humana, direito fundamental ? liberdade e ? tutela jur?dica efetiva. Concluiu-se pela viabilidade da pris?o civil por contempt of court em especial?ssimas situa??es, para salvaguarda de direitos fundamentais, com base na abertura dos meios executivos existente no artigo 461, ?50, do C?digo de Processo Civil
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Cruz, Marcos Vinício Raiser da. "A multa diária como meio de coerção para a efetivação da tutela jurisdicional que impõe às partes obrigação de fazer, não fazer ou entregar coisa certa." Pontifícia Universidade Católica de São Paulo, 2010. https://tede2.pucsp.br/handle/handle/9069.
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Previous issue date: 2010-06-16The aim of this essay is to study the applicability of the daily fine stated by article 461 of the Brazilian Civil Procedure Code astreintes that can be imposed to a defendant, to assure the obedience of a court ruling regarding an obligation to do something, to not do something, or to give something to someone. We do not have the ambition of completely cover the subject. The subject calls attention because in several occasions, most of the parties, benefited by a daily fine, deviate from the main goal of the lawsuit to pursue only the astreintes, because its value, timely increased, became so disproportional in comparison to the value of the matter in discussion, that such matter is no longer appealing. The astreintes, considering its indubitable comminatory nature, shall comply the debtor to fulfill, rapidly and willingly, the obligation imposed by the court ruling and it has to have a daily value defined with no understatement or exaggeration. Despite the fact that the experts agree upon the non existence of a maximum value, considering the law principles of proportionality and equitableness, it is important that the fine fixed by the Judge be compatible with the case and remains suitable with the obligation to be demanded from the debtor. The reason of the fine is not, and never was, to grant a unjust enrichment to anyone, considering that it benefits, mostly, the plaintiff. We will show, in the conclusion, that the astreintes, having a judicial nature and a specific goal, shall not be used as a way or an instrument to punish the unwilling debtor, once the Brazilian Civil Procedure Code, to such purpose, already has a more suitable alternative, which is the fine for contempt of court, that besides having its value defined by law (20% of the case value), what does not apply to the astreintes as above mentioned, has a different beneficiary, because the amount would be paid to the State
O presente trabalho tem por finalidade o estudo da utilização da multa diária prevista no art. 461 do Código de Processo Civil Brasileiro astreintes imposta ao réu como meio de conferir efetividade às decisões judiciais que determinam o cumprimento de obrigação de fazer, não fazer e de dar. Não temos a pretensão de exaurir o tema. O tema chama a atenção em razão da constatação de que, no cotidiano forense, não raras vezes, as cifras resultantes da imposição de multa periódica são manifestamente desproporcionais ao bem da vida perseguido no processo, tornando atraente para a parte beneficiária abandonar seu objetivo principal e mostrar-se mais interessada no recebimento das astreintes. As astreintes, em razão de sua indiscutível natureza cominatória, devem pressionar o devedor a cumprir, de maneira célere e espontânea, a obrigação que lhe foi imposta em decisão judicial e merecem ser arbitradas sem menosprezo ou exagero. Apesar de haver certo consenso entre os doutrinadores de que não existe limite de valor, com fundamento nos princípios da proporcionalidade e da equidade, é importante que a multa fixada pelo Juiz seja compatível e que guarde certa relação com a obrigação a ser exigida do devedor. O objetivo da multa não é, nem nunca foi, o de proporcionar o enriquecimento ilícito a quem quer que seja, já que ela reverte para o autor da ação. Demonstraremos, na conclusão, que tendo as astreintes natureza jurídica e finalidade próprias, não devem ser utilizadas como instrumento ou como meio para a punição do devedor renitente, já que para esta finalidade o Código de Processo Civil Brasileiro dispõe de ferramenta própria, ou seja, a multa por ato atentatório ao exercício da jurisdição, multa esta que, além de possuir limite fixado em lei (20% do valor da causa), o que não ocorre com as astreintes como dissemos acima, tem destinatário diverso desta, ou seja, a União ou Estado
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Mouton, Carla. "Die toepassing van die sub judice-reël in die Afrikaanse dagblad Beeld / Carla Mouton." Thesis, North-West University, 2007. http://hdl.handle.net/10394/1406.
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Hews, Rachel Jane. "Twitter trials and Facebook juries: An analysis of the Australian sub judice rule and the regulation of prejudicial publicity on social media during high-profile criminal trials." Thesis, Queensland University of Technology, 2019. https://eprints.qut.edu.au/134133/1/Rachel_Hews_Thesis.pdf.
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This thesis investigates how the sub judice rule operates in practice in the age of social media. While the law was well established in terms of how it regulated the behaviour of publishers before the internet, there are concerns it is less effective in the digital age. By analysing data from Twitter and Facebook during two high-profile murder trials, I investigate the prevalence of prejudicial publicity on social media, and examine how professional journalists and non-journalists talk about criminal trials. This analysis identifies the types of information empanelled jurors might see about trials and what this means for the law.
Books on the topic "Contempt of court"
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Institute, Pennsylvania Bar. Contempt of court. [Mechanicsburg, Pa.] (5080 Ritter Rd., Mechanicsburg 17055-6903): Pennsylvania Bar Institute, 2010.
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Commission, Australia Law Reform. Contempt. Canberra: Australian Government Publishing Service, 1987.
Find full textBook chapters on the topic "Contempt of court"
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Feest, Johannes, and Wolfgang Lesting. "Contempt of Court." In Schriftenreihe des Strafvollzugsarchivs, 189–210. Wiesbaden: Springer Fachmedien Wiesbaden, 2019. http://dx.doi.org/10.1007/978-3-658-28809-9_13.
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Smartt, Ursula, and Baroness Helena Kennedy. "Contempt of court." In Media & Entertainment Law, 287–328. 4th edition. | Milton Park, Abingdon, Oxon; New York, NY : Routledge, 2020.: Routledge, 2019. http://dx.doi.org/10.4324/9781351066549-5.
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Smartt, Ursula. "Contempt of court." In Media & Entertainment Law, 281–317. 5th ed. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003250715-5.
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Long, Joshua, and Jason Vukovich. "Contempt for Court." In Avenging Child Sex Abuse, 79–120. New York: Routledge, 2023. http://dx.doi.org/10.4324/9781003393849-5.
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Gage, Linda, Lawrie Douglas, and Marie Kinsey. "Contempt of court." In A Guide to Commercial Radio Journalism, 131–40. London: Routledge, 2023. http://dx.doi.org/10.4324/9781032645308-11.
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Connolly, Michael. "Victimisation and contempt of court." In The English Judiciary, Discrimination Law and Statutory Interpretation, 134–53. New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9780429450808-7.
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Siddiq, Ehsan A. "Scandalising the court and the law of contempt." In The Rule of Law in Developing Countries, 103–33. New York, NY : Routledge, 2018. | Series: Routledge contemporary South Asia series ; 121: Routledge, 2018. http://dx.doi.org/10.4324/9781351273565-3.
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Nylund, Anna, and Jørn Øyrehagen Sunde. "Courts and Court Proceedings." In Nordic Law in European Context, 201–13. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-030-03006-3_12.
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"Contempt." In Court Reporting in Australia, 41–56. Cambridge University Press, 2005. http://dx.doi.org/10.1017/cbo9780511481246.004.
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Leslie, Jonathan, and John Kingston. "Contempt of Court." In Practical Guide to Litigation, 281–84. Informa Law from Routledge, 2020. http://dx.doi.org/10.4324/9781003123033-38.
Full textConference papers on the topic "Contempt of court"
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S.H., M.H, Dr Hamidah, and Dr Fajar S.H., M.H. "Contempt of Court in the Perspective of Criminal Law Enforcement." In Proceedings of the 1st International Conference on Social Science, Humanities, Education and Society Development, ICONS 2020, 30 November, Tegal, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.30-11-2020.2303749.
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Cupcea, Ion. "Aspects of human resources management in the courts of the Republic of Moldova." In Economic Security in the Context of Systemic Transformations, 3rd Edition. Academy of Economic Studies of Moldova, 2024. http://dx.doi.org/10.53486/escst2023.10.
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This paper analyses some aspects of human resources management in the courts of the Republic of Moldova. Taking into account the fact that human resources management is important for all categories of organizations, it has become an even more important topic for the courts of the Republic of Moldova, as a result of the reform of the justice system in this area. One of the key elements in the effective management of human resource management in the courts is to ensure a fair workload leading to an increase in institutional performance. In this context, some indicators related to human resources management and judges' workload have been analysed. Thus, the following were analysed: the coverage rate of judges' posts, the workload expressed in cases registered for a judges' post and the workload in relation to the actual number of judges. These indicators are calculated at court level. The reports of the Court Administration Agency were used as statistical data. The results show that there are disproportions in terms of workload per judge.
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Bērtaite-Pudāne, nga. "Pieteikuma tiesības kolektīvo interešu aizsardzībai administratīvajā tiesā." In Latvijas Universitātes 82. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2024. http://dx.doi.org/10.22364/juzk.82.18.
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Traditionally, the role of administrative courts has focused on the settlement of individual disputes between private individuals and the state in the field of public administration of public law. However, in recent decades, the protection of collective interests and the procedural mechanisms for their protection have become increasingly important. Although this mechanism is more specific to civil proceedings, it is worth discussing it also in the context of administrative court proceedings. Firstly, the article provides a general overview of the collective redress mechanism and legal standing under it. Secondly, the article analyses the judgment of the Senate of 17 August 2022 in Case № SKA297/2022, in which the Senate, although it did not recognise legal standing for collective redress, provided a number of important insights into the mechanism for the protection of collective interests in administrative proceedings before a court.
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Mitrevski, Vladimir. "VALIDITY OF THE ARBITRATION AGREEMENT AS A REQUIREMENT FOR THE ARBTITRATION PROCEDINGS." In International scientific conference challenges and open issues of service law. Vol. 2. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko2.727m.
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Commercial subjects and their relations in the trade of goods and services lead to disputes between participants as a result of non-fulfillment of rights and obligations which derive from concluded contracts. This kind of disputes as well as inefficiency of national courts are the main reasons for finding alternative ways of fast and efficient way of solving disputes out of the national courts. Solving disputes out of the jurisdiction of the national courts derives from the will of the parties..The parties trough arbitration agreement agree to solve the dispute trough a third party in form of arbitration court. The arbitration agreement is valid if it has valid form and content Done analyzes indicate that the form of the arbitration agreement and the content of the arbitration agreement are the kind of questions that are not easy to give comprehensive and precise answer, although in the contemporary arbitration law it is widely accepted that the parties to the arbitration have freedom of consensual choice of the form and the content of the arbitration agreement. Thereto for the validity of the arbitration agreement it is needed fulfillment of particular material law terms with respect to general and special conditions which refer to the form and content of the arbitration agreement Because of that different aspects of material validity of the arbitration agreement differ in various states.
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Gumeniuk, Iurii. "PECULIARITIES OF E-COURT DEVELOPMENT IN UKRAINE." In Vectors of Science and Technology Development in the Context of Globalisation. Publishing House “Baltija Publishing”, 2024. http://dx.doi.org/10.30525/978-9934-26-408-5-23.
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Kačer, Hrvoje, Blanka Kačer, and Fani Milan Ostojić. "QUO VADIS CHF CASE – STANjE U REPUBLICI HRVATSKOJ 2022. GOD. … ILI KADA ĆE BANKE (I JOŠ NEKI) KONAČNO SHVATITI." In XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.169k.
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Proceedings are pending before various domestic and international courts and the International Court of Investment Disputes (ICSID) in Washington, with both uncertain timing and content of the decision. Although it is true that relatively long time ago it was ruled on the nullity of banks' power to unilaterally change the interest rate and in this sense the partial nullity of credit agreements, as well as the nullity of the currency clause in CHF, new controversies have emerged over time (from the deadlines for suing onwards). The collective dispute (and the decisions in it) is not the only one in which what is known as the CHF case is decided, there are many individual cases, but also the mentioned arbitration before ICSID. Banks have (apparently irreversibly) lost their privileged position, but this has not led (at least not in large numbers) to out-of-court settlements, even when it is completely certain what the court decision will be. Banks can obviously suffer court costs, but they clearly favor postponing any payment, believing that it suits them better than the parties. However, banks are not the only ones who do not seem to have learned much. Even less has the state learned in the broadest sense of the word, a state that then, when it was most needed, when the whole problem arose, did absolutely nothing. Accepting the firefighter's vocabulary "did not put out a small fire until it became huge, catastrophic in every way." Later, the state became active, but with achievements that are more than modest so far and with uncertainty about what will happen with the arbitration in Washington.
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Fiaschi, Luca, Gregor Konstantin, Bruno Afonso, Marta Zlatic, and Fred A. Hamprecht. "Keeping count: Leveraging temporal context to count heavily overlapping objects." In 2013 IEEE 10th International Symposium on Biomedical Imaging (ISBI 2013). IEEE, 2013. http://dx.doi.org/10.1109/isbi.2013.6556560.
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Grebnev, Ruslan. "Revisiting The Relation Between Judicial Legislation And Court Organization." In SCTCMG 2019 - Social and Cultural Transformations in the Context of Modern Globalism. Cognitive-Crcs, 2019. http://dx.doi.org/10.15405/epsbs.2019.12.04.156.
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Drventić, Martina. "COVID-19 CHALLENGES TO THE CHILD ABDUCTION PROCEEDINGS." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18323.
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While creating a new notion of everyday life, the COVID-19 pandemic also affects the resolution of cross-border family disputes, including the international child abduction cases. The return of an abducted child to the country of his or her habitual residence is challenged by travel restrictions, international border closures, quarantine measures, but also by closed courts or cancelled hearings. Those new circumstances that befell the whole world underline two issues considering child abduction proceedings. The first one considers access to justice in terms of a mere possibility of the applicant to initiate the return proceeding and, where the procedure is initiated, in terms of the manner of conducting the procedure. The legislation requires a quick initiation and a summary resolution of child abduction proceedings, which is crucial to ensuring the best interests and well-being of a child. This includes the obligation of the court to hear both the child and the applicant. Secondly, it is to be expected that COVID-19 will be used as a reason for child abduction and increasingly as justification for issuing non-return orders seen as a “grave risk” to the child under Article 13(1)(b) of the Child Abduction Convention. By analysing court practice from the beginning of the pandemic in March 2020 to March 2021, the research will investigate how the pandemic has affected child abduction proceedings in Croatia. Available national practice of other contracting states will also be examined. The aim of the research is to evaluate whether there were obstacles in accessing the national competent authorities and courts during the COVID-19 pandemic, and in which manner the courts conducted the proceedings and interpreted the existence of the pandemic in the context of the grave risk of harm exception. The analyses of Croatian and other national practices will be used to gain an overall insight into the effectiveness of the emerging guidance and suggest their possible broadening in COVID-19 circumstances or any other future crises.
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Kenne, P. E., M. O'Kane, and H. G. Pearcy. "Language modeling of spontaneous speech in a court context." In 4th European Conference on Speech Communication and Technology (Eurospeech 1995). ISCA: ISCA, 1995. http://dx.doi.org/10.21437/eurospeech.1995-449.
Full textReports on the topic "Contempt of court"
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Cook, Nicole, Michael Ireland, and Lorelle Burton. What’s Wrong and What’s at Risk? A Scoping Review and Content Analysis of Family Court Reports in Australia. INPLASY - International Platform of Registered Systematic Review and Meta-analysis Protocols, May 2024. http://dx.doi.org/10.37766/inplasy2024.5.0123.
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Cunha e Melo, Mariana, and Jonas de Abreu Castro. Section 230 and the future of the internet. Center for Technology and Public Interest, SL, March 2023. http://dx.doi.org/10.59262/ejp3ba.
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The US Supreme Court is considering the fate of Section 230, a law that protects content platforms from liability for user-generated content. The case, Gonzalez v. Google, challenges the intermediary liability protection of Section 230. If the challenge succeeds, it could undermine the foundation of Web 2.0 and the internet's future. The case focuses on whether platforms like Google, Twitter, and TikTok should be held liable for third-party content from their recommendation engines. Challenging Section 230 could have severe consequences for freedom of expression and lead to restrictions on recommendation engines or higher restrictions on publishing or sharing. Section 230 has been settled law for over two decades and protects content platforms, even if they encourage users to post content.
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Klosek, Katherine. Copyright and Contracts: Issues and Strategies. Association of Research Libraries, July 2022. http://dx.doi.org/10.29242/report.copyrightandcontracts2022.
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In 2020, ARL’s Advocacy and Public Policy Committee launched a digital rights initiative focused on understanding and safeguarding the full stack of research libraries’ rights: to acquire and lend digital content to fulfill libraries’ functions in research, teaching, and learning; to provide accessible works to people with print disabilities; and to fulfill libraries’ collective preservation function for enduring access to scholarly and cultural works. Our objective is to make sure that these rights are well understood by research libraries, by Congress, by the US Copyright Office, and by the courts. This report discusses licenses and contracts for digital content in the context of the US Copyright Act. The report presents advocacy and public policy strategies, such as rights-saving clauses, open access, state strategies, and federal exemptions. The report concludes with next steps, including a test case and ARL strategies.
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Rukundo, Solomon. Towards an Effective Taxpayer Complaint Handling Mechanism: The Case for a Tax Ombudsman in Uganda. Institute of Development Studies, March 2023. http://dx.doi.org/10.19088/ictd.2023.010.
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It is increasingly common in many jurisdictions around the world to find an independent government office where complaints against the tax administration can be submitted. Traditional mechanisms, such as tribunals and courts, may not be effective, as these are usually very slow and costly. Many governments have developed the institution of a tax ombudsman to safeguard taxpayers’ rights and improve the overall tax system. This paper makes the case for the establishment of a tax ombudsman in Uganda. It begins with examining the concept of an ombudsman in general, and a tax ombudsman in particular. The paper proceeds to highlight the limitations of the Uganda Revenue Authority, the country’s tax administrator, and its existing oversight bodies, which justify the need for a tax ombudsman. The paper further elaborates on other justifications for the establishment of this office. The paper then briefly examines five country case studies of a tax ombudsman in operation – the United Kingdom, United States, Australia, South Africa and Tanzania. Drawing from these case studies and other literature, the paper sets out the ideal powers and roles for a tax ombudsman in the Ugandan context.
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Guilfoyle, Michael, Amanda Anderson, Samuel Jackson, Jacob Jung, Theodore Zenzal, Burton Suedel, and Jeffrey Corbino. Coastal breeding bird phenology on the dredged-material islands of the Baptiste Collette Bayou, US Army Corps of Engineers, New Orleans District, Louisiana. Engineer Research and Development Center (U.S.), May 2024. http://dx.doi.org/10.21079/11681/48473.
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Coastal bird populations in North America have experienced significant population declines over the past four decades, and many species have become dependent upon human-made islands and other sediment-based habitats created through dredged material deposition. We monitored the breeding phenology of coastal bird populations utilizing dredged-material islands and open depositional areas in the Baptiste Collette Bayou in coastal Louisiana. Monitoring began in early May, prior to when most coastal species begin nesting, and continued through late August, when most breeding activity has ceased. Semimonthly surveys included area searches by foot and boat. Two deposition areas and one island supported large numbers of foraging, roosting, or breeding birds; surveys on these areas included using spotting scopes to identify species and count nests or young. Six islands and two open deposition areas were monitored. We also collected high-definition and lidar imagery using an uncrewed aerial system (UAS) in June, during peak nesting season. We recorded 77,474 cumulative detections of 68 species. Virtually all colonial nesting birds (terns and skimmers) nested on Gunn Island in 2021. We discuss these results in the context of dredged-material deposition by the US Army Corps of Engineers, New Orleans District, and offer recommendations for management of these areas.
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Cvijić, Srdjan, Nikola Dimitrov, Leposava Ognjanoska Stavrovska, and Ivana Ranković. Bilateral Disputes and EU enlargement: A Consensual Divorce. Belgrade Centre for Security Policy, May 2024. http://dx.doi.org/10.55042/xubk6023.
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Bilateral disputes between European Union member states and candidate countries are one of the key obstacles to EU enlargement. They have been plaguing the EU accession process ever since the breakup of Yugoslavia and the subsequent border dispute between EU member Slovenia and candidate country Croatia which then ensued. More recently we have the case of North Macedonia. It became a candidate country in 2005 but ever since, its accession negotiations have been bogged down by endless bilateral disputes. While the case of North Macedonia and its decades long conflicts with Greece and Bulgaria are the most well-known of such cases, they are not the only ones. In a seminal 2018 publication the Balkans in Europe Policy Advisory Group (BIEPAG) outlined the most prominent “open” or “latent” disputes between EU member states and candidate countries in the Western Balkans. Ranging from border to territorial disputes, or ones concerning the status of national minorities, four out of five candidate countries in the region – Albania, Bosnia and Herzegovina, North Macedonia or Serbia, has a bilateral dispute with one or more EU member states. If you look at new candidates Ukraine and Moldova and potential candidate Georgia however, the list of active or potential bilateral disputes is even longer. Even when a candidate country meets the criteria to progress in EU accession talks, bilateral disputes can delay it for years or even decades as in the case of North Macedonia. In this way such disputes present a serious challenge to the credibility of the EU enlargement process. In the context of the war in Ukraine, as we have seen with regard to the policies of Viktor Orbán’s Hungary towards Ukraine, invoking bilateral disputes can seriously challenge the geopolitical orientation and the security of the entire Union. On the legal side, since most of these issues fall outside the scope of the EU law and are not covered by the accession criteria, there is a need to think of an institutional mechanism to deal with bilateral disputes. Enlargement policy does not offer an appropriate platform for settlement of bilateral disputes, especially for those that fall outside the EU law. Hence, these issues should be addressed via the international legal dispute resolution toolbox and thus be subjects of separate processes. The EU’s role however cannot be passive. It should invest efforts in these processes in order for them to be mutually reinforcing and so that the accession process has a mollifying rather than tension amplifying effect on the issue. In its policy brief, published at the end of 2023, the European Council on Foreign Relations (ECFR) proposed updating the Copenhagen criteria such that they should include a stipulation to resolve bilateral issues between member states and candidate countries through external dispute resolution mechanisms: Territorial disputes should be referred to arbitration or the International Court of Justice, while those on minority rights should be dealt with by the European Court of Human Rights and other appropriate dispute settlement mechanisms. In this policy brief we suggest ways how to operationalise this proposal. First, we describe different types of vertical bilateral disputes (the ones that include asymmetrical relations) between EU members and Western Balkan candidate countries, then we outline international mechanisms to resolve them, and finally we propose an institutional architecture to remove bilateral disputes that fall outside of the scope of the Copenhagen criteria and the EU acquis from the purview of EU accession talks.
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Flandreau, Marc. Pari Passu Lost and Found: The Origins of Sovereign Bankruptcy 1798-1873. Institute for New Economic Thinking Working Paper Series, June 2022. http://dx.doi.org/10.36687/inetwp186.
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Verdicts returned by modern courts of justice in the context of sovereign debt lawsuits have upheld a ratable (proportional) interpretation of so-called “pari passu” clauses in debt contracts which, literally, promise creditors they will be dealt with equitably. Such verdicts have given individual creditors the right to interfere with payments to others, in situation where the sovereign had failed to make proportional payments. Contract originalists argue that this interpretation of pari passu clauses has no historical foundation. Historically, they claim, pari passu clauses never granted individual creditors a unilateral right to block payments to other bondholders assenting to a government debt restructuring proposal. This article shows this claim is incorrect. Drawing on novel archival research, it argues that pari passu clauses find one potent historical origin in the operation of a now forgotten sovereign bankruptcy tribunal, the London stock exchange. Under the law of the stock exchange, departure from ratable payments did create a unilateral right for individual creditors to interfere with sovereign debt discharges. In fact, ratable distributions provided the touchstone for the stock exchange sanctioned sovereign debt discharge system. What is more, sophisticated contract drafters availed themselves of the logic. The result was a weaponization of pari passu clauses, and their inscription into sovereign debt covenants in the 19th century. The article concludes that the modern debate on the role of clauses in sovereign debt contracts cannot be held without thorough reconsideration of the history of sovereign bankruptcy.
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Pavlyuk, Іhor. HUMANІTARІAN CONTROVERSY ІN THE WESTERN UKRAІNІAN PRESS DURІNG THE PERІOD BETWEEN THE TWO WORLD WARS. Ivan Franko National University of Lviv, March 2024. http://dx.doi.org/10.30970/vjo.2024.54-55.12139.
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The artіcle hіghlіghts the humanіtarіan polemіcs іn the Western Ukraіnіan press іn the іnterwar (1920-30s) perіod іn three aspects: the polemіcs of Ukraіnіan-language magazіnes among themselves, the polemіcs of the Ukraіnіan-language press wіth the Polіsh and Russіan press, the place of the Ukraіnіan press іnvolved іn the polemіcs іn the colonіal and global cultural – іnformatіonal contexts, іts representatіve relatіons wіth the judіcіal, executіve and legіslatіve authorіtіes іn the process of changes іn the socіal and polіtіcal atmosphere іn thіs tіme-space. The purpose of thіs artіcle іs to hіghlіght the humanіtarіan polemіcs іn the Western Ukraіnіan press іn the іnterwar (1920-30s) perіod іn three aspects: the polemіcs of Ukraіnіan magazіnes among themselves, the polemіcs of the Ukraіnіan press wіth the Polіsh and Russіan press, the Ukraіnіan press іn the global cultural and іnformatіonal context; dіfferentіatіon of polemіcal publіcatіons accordіng to genre-thematіc affіlіatіon to the socіo-polіtіcal dіscourse of the struggle of іdeas, symbols, sіgns, іmages, the struggle of relіgіous doctrіnes through the medіatіon of Ukraіnіan-centrіc іnformatіon (press) flows, whіch іn turn were fought by the then colonіal, іn partіcular Polіsh, polіtіcal power, subjectіng theіr censorshіp, confіscatіon, closure, harassment of edіtors and journalіsts. The basіc feature of іnter-magazіne relatіons of varіous Ukraіnіan and Ukraіnіan-language magazіnes of the іnterwar perіod was polemіcs, the topіcs of whіch were: polіtіcs (antі-Polіsh, pro-Polіsh, respectіvely – antі-Russіan, pro-Russіan); relіgіon (language of worshіp, hіerarchіcal subordіnatіon of the church); culture (problems of language, theatrіcal productіons, etc.); school busіness; cooperatіon; the sіtuatіon of the peasantry. That іs, all spheres of socіal lіfe, the representatіves of whіch were the mіrrors of magazіnes, patented by us for research іn thіs (spherіcal) structure: cooperatіve press, relіgіous press, etc. At the same tіme, the magazіnes that were publіshed іn the tіme-space determіned by us dіd not only “quarrel” wіth each other, but also often supported each other, prіntіng letters of support, advertіsіng each other durіng subscrіptіon campaіgns, takіng joіnt partіcіpatіon іn court hearіngs, etc. Keywords: controversy; press; colonіal dіscourse; confіscate; censorshіp.
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Butterweck, Gernot, Alberto Stabilini, Benno Bucher, David Breitenmoser, Ladislaus Rybach, Cristina Poretti, Stéphane Maillard, et al. Aeroradiometric measurements in the framework of the swiss exercise ARM23. Paul Scherrer Institute, PSI, March 2024. http://dx.doi.org/10.55402/psi:60054.
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The flights of the civil (ARM23c) and military (ARM23m) parts of the exercise were performedbetween June 19th and 23rd and between September 11th and September 15th,respectively. The measuring system RLL001 was employed for all measurements. As usual, during the civil exercise the environs of some of the Swiss nuclear power plants were screened, on behalf of the Swiss Nuclear Safety Inspectorate (ENSI). At the site of the nuclear power plant Gösgen (KKG) with its pressurized water reactor, the activation products of the primary coolant loop are kept in the well shielded reactor building, thus generating no elevated readings neither on the premises nor in the vicinity of the power plant. The nuclear power plant of Mühleberg (KKM) is now being decommissioned. During this phase, activated components are temporarily stored and processed on the plant premises. The dose rate produced by these components, easily detected and identified with the Swiss airborne gamma spectrometry system, is nevertheless very modest and closely monitored by the Swiss Nuclear Safety Inspectorate (ENSI). Search exercises for radionuclide sources were performed in both parts of ARM23. The operational software of the RLL systems was able to detect the radionuclide sources placed in military training areas. The Man-Made Gross-Count (MMGC) ratio demonstrated a good sensitivity for the identification of radionuclide sources. Nevertheless, a weak radionuclide source placed in the field of view of the helicopter (300 m x 300 m at a ground clearance of 100 m) together with a much stronger radionuclide source emitting higher energy photons was obscured due to Compton scattered photons and therefore could not be detected. Measurements of two teams using drones equipped with radiation monitors demonstrated that low flying drones (ground clearance below 10 m) can be a valuable and complementary tool to identify sources and to further reduce the target area to be searched with ground teams. An altitude profile over Lake Constance confirmed the already observed influence of airborne radon progeny on the determination of cosmic and background corrections. Background flights were performed over several Swiss regions. Besides attenuation effects of water bodies, variations of natural radionuclide content could be observed. A new flight strategy in alpine topography was tested near the Swiss mountain Chrüz. Following contour lines of the topography reduces the necessity for drastic flight altitude changes compared to the parallel line pattern normally used, but is much more challenging for the pilots.
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MacFarlane, Andrew. 2021 medical student essay prize winner - A case of grief. Society for Academic Primary Care, July 2021. http://dx.doi.org/10.37361/medstudessay.2021.1.1.
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As a student undertaking a Longitudinal Integrated Clerkship (LIC)1 based in a GP practice in a rural community in the North of Scotland, I have been lucky to be given responsibility and my own clinic lists. Every day I conduct consultations that change my practice: the challenge of clinically applying the theory I have studied, controlling a consultation and efficiently exploring a patient's problems, empathising with and empowering them to play a part in their own care2 – and most difficult I feel – dealing with the vast amount of uncertainty that medicine, and particularly primary care, presents to both clinician and patient. I initially consulted with a lady in her 60s who attended with her husband, complaining of severe lower back pain who was very difficult to assess due to her pain level. Her husband was understandably concerned about the degree of pain she was in. After assessment and discussion with one of the GPs, we agreed some pain relief and a physio assessment in the next few days would be a practical plan. The patient had one red flag, some leg weakness and numbness, which was her ‘normal’ on account of her multiple sclerosis. At the physio assessment a few days later, the physio felt things were worse and some urgent bloods were ordered, unfortunately finding raised cancer and inflammatory markers. A CT scan of the lung found widespread cancer, a later CT of the head after some developing some acute confusion found brain metastases, and a week and a half after presenting to me, the patient sadly died in hospital. While that was all impactful enough on me, it was the follow-up appointment with the husband who attended on the last triage slot of the evening two weeks later that I found completely altered my understanding of grief and the mourning of a loved one. The husband had asked to speak to a Andrew MacFarlane Year 3 ScotGEM Medical Student 2 doctor just to talk about what had happened to his wife. The GP decided that it would be better if he came into the practice - strictly he probably should have been consulted with over the phone due to coronavirus restrictions - but he was asked what he would prefer and he opted to come in. I sat in on the consultation, I had been helping with any examinations the triage doctor needed and I recognised that this was the husband of the lady I had seen a few weeks earlier. He came in and sat down, head lowered, hands fiddling with the zip on his jacket, trying to find what to say. The GP sat, turned so that they were opposite each other with no desk between them - I was seated off to the side, an onlooker, but acknowledged by the patient with a kind nod when he entered the room. The GP asked gently, “How are you doing?” and roughly 30 seconds passed (a long time in a conversation) before the patient spoke. “I just really miss her…” he whispered with great effort, “I don’t understand how this all happened.” Over the next 45 minutes, he spoke about his wife, how much pain she had been in, the rapid deterioration he witnessed, the cancer being found, and cruelly how she had passed away after he had gone home to get some rest after being by her bedside all day in the hospital. He talked about how they had met, how much he missed her, how empty the house felt without her, and asking himself and us how he was meant to move forward with his life. He had a lot of questions for us, and for himself. Had we missed anything – had he missed anything? The GP really just listened for almost the whole consultation, speaking to him gently, reassuring him that this wasn’t his or anyone’s fault. She stated that this was an awful time for him and that what he was feeling was entirely normal and something we will all universally go through. She emphasised that while it wasn’t helpful at the moment, that things would get better over time.3 He was really glad I was there – having shared a consultation with his wife and I – he thanked me emphatically even though I felt like I hadn’t really helped at all. After some tears, frequent moments of silence and a lot of questions, he left having gotten a lot off his chest. “You just have to listen to people, be there for them as they go through things, and answer their questions as best you can” urged my GP as we discussed the case when the patient left. Almost all family caregivers contact their GP with regards to grief and this consultation really made me realise how important an aspect of my practice it will be in the future.4 It has also made me reflect on the emphasis on undergraduate teaching around ‘breaking bad news’ to patients, but nothing taught about when patients are in the process of grieving further down the line.5 The skill Andrew MacFarlane Year 3 ScotGEM Medical Student 3 required to manage a grieving patient is not one limited to general practice. Patients may grieve the loss of function from acute trauma through to chronic illness in all specialties of medicine - in addition to ‘traditional’ grief from loss of family or friends.6 There wasn’t anything ‘medical’ in the consultation, but I came away from it with a real sense of purpose as to why this career is such a privilege. We look after patients so they can spend as much quality time as they are given with their loved ones, and their loved ones are the ones we care for after they are gone. We as doctors are the constant, and we have to meet patients with compassion at their most difficult times – because it is as much a part of the job as the knowledge and the science – and it is the part of us that patients will remember long after they leave our clinic room. Word Count: 993 words References 1. ScotGEM MBChB - Subjects - University of St Andrews [Internet]. [cited 2021 Mar 27]. Available from: https://www.st-andrews.ac.uk/subjects/medicine/scotgem-mbchb/ 2. Shared decision making in realistic medicine: what works - gov.scot [Internet]. [cited 2021 Mar 27]. Available from: https://www.gov.scot/publications/works-support-promote-shared-decisionmaking-synthesis-recent-evidence/pages/1/ 3. Ghesquiere AR, Patel SR, Kaplan DB, Bruce ML. Primary care providers’ bereavement care practices: Recommendations for research directions. Int J Geriatr Psychiatry. 2014 Dec;29(12):1221–9. 4. Nielsen MK, Christensen K, Neergaard MA, Bidstrup PE, Guldin M-B. Grief symptoms and primary care use: a prospective study of family caregivers. BJGP Open [Internet]. 2020 Aug 1 [cited 2021 Mar 27];4(3). Available from: https://bjgpopen.org/content/4/3/bjgpopen20X101063 5. O’Connor M, Breen LJ. General Practitioners’ experiences of bereavement care and their educational support needs: a qualitative study. BMC Medical Education. 2014 Mar 27;14(1):59. 6. Sikstrom L, Saikaly R, Ferguson G, Mosher PJ, Bonato S, Soklaridis S. Being there: A scoping review of grief support training in medical education. PLOS ONE. 2019 Nov 27;14(11):e0224325.