Academic literature on the topic 'Full litigation'
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Journal articles on the topic "Full litigation":
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Liang, Zheni. "Research on Procuratorial Organs Bringing Environmental Public Interest Litigation." Asian Social Science 15, no. 4 (March 29, 2019): 108. http://dx.doi.org/10.5539/ass.v15n4p108.
Abstract:
The procuratorial organ is a state supervisory authority and has the power of legal supervision. Giving the procuratorial organs the qualifications for public interest litigation not only has a theoretical basis but also a realistic basis, which helps to solve the problem of difficult evidence collection and high litigation costs in environmental public interest litigation. In the civil environmental public interest litigation, the procuratorate has the dual status of the plaintiff and the legal supervisor, and will not naturally conflict with each other. However, due to the special nature of environmental problems, the relevant administrative departments should be given priority to the environmental problems discovered by the procuratorial organs. Only when the environmental protection supervision departments are exercising their powers, should the procuratorial organs initiate environmental public interest litigation. For civil environmental public interest litigations that have been criminally sentenced or are in the process of criminal prosecution, the procuratorate can make full use of the evidence that has been obtained and identified.
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Gustavo, H. Marin, Marin Lupe, Agüero Daniel, Marin Gina, Pagnotta Mariana, and Blanco Luis. "Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study Analysis." Journal of Clinical Cases & Reports 3, S3 (October 30, 2020): 14–19. http://dx.doi.org/10.46619/joccr.2020.3.s3-1004.
Abstract:
INTRODUCTION The objective of this work is to analyze the characteristics of litigation for access to health’s goods and services in the Social Health Insurance (SHI) of Buenos Aires, Argentina. METHOD Descriptive study with analytical stage, performed in SHI, analyzing litigation done by beneficiaries along 15-years period to obtain goods or service from health managers. Variables explored were: Reason for litigation, delay time in case resolution, final result of judicial sentence, judges, lawyers and intervening professionals, income level of beneficiaries who started the litigation. RESULT 825 cases were analyzed during the study period according the method described. Demands increased 29.2 ±% per year. Medicines were the goods that most requested legal protection resources (32.5%). 51.9% of these litigations were due to medicines that have less than 24 months of registration by the National Regulatory Agency. The average delay for the final resolution of the procedure was 3.7 months. Judge's sentence was favorable to the beneficiaries in 97.4%. Although there are 27 judicial departments and many courts in each one; cases were concentrated in 47.4% only 2 very few courts. Litigation cases promoted by 112 out of the 15000 doctors that provides services to the SHI. In 73.7% of the cases, beneficiaries that litigated had a salary that exceed 4 times the minimum wage, and only 3.2% of them had low income. CONCLUSION We show how legal appeals might be working as an inverse strategy to the one desired, transferring collective resources belonging to the entire population, towards an specific demand from the most economically wealthy sector of society. As long as access to health care litigation maintains its current individualistic pattern, it will hardly be able to develop its full potential to guarantee effective respect for the collective right to access to goods that beneficiary the whole community.
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McVige, Jennifer, Dilpreet Kaur, Michael Lillis, Brianna Albert, and Kabir Jalal. "Concussion and Court: The Role Litigation Plays in Time to Recovery." Neurology 93, no. 14 Supplement 1 (September 30, 2019): S17.1—S17. http://dx.doi.org/10.1212/01.wnl.0000580988.68918.bf.
Abstract:
ObjectiveTo evaluate whether there is a difference in time to recovery (TTR) between concussion patients who have and have not pursued litigation post injury, and determine what factors might influence someone’s decision to litigate.BackgroundAn investigation on how litigation influenced TTR in all types of recovery.Design/MethodsA retrospective study of 851 adult and pediatric patients, ages 1–78 (333men and 518 women) in a concussion clinic. Injuries included, motor vehicle accidents MVA (n = 181), falls (n = 140), assaults (n = 36), sporting injuries (n = 378) and other (n = 116). Full and matched samples were studied by symptom endorsement, (headache, dizziness, sleep disturbance, attention/concentration dysfunction and moodiness), litigation/non-litigation and TTR (survival-curve). Secondary analysis reviewed abuse/depression, mechanism-of-injury and symptom type as it related to litigation/non-litigation.Results1) The odds ratio (OR) in the logistic regression model for the unmatched sample shows increasing age, fewer total symptoms (<3 symptoms vs. ≥3), history of abuse/depression, and mechanism-of-injury as significant predictors of litigation status. MVA, compared to sports/other injuries, showed the greatest rates of litigation (OR = 98.121). Higher total symptoms showed increased litigation (OR = 0.238), where abuse/depression patients are less likely to pursue litigation (OR = 0.063/OR = 0.214). 2) A survival analysis of unmatched patients suggested that patients engaging in litigation have a longer TTR (Litigation TTR M = 293 days vs. non-litigation TTR M = 130 days). However, a matched analysis, which grouped patients by age, #of symptoms, abuse/depression history, and mechanism-of-injury, showed no significant difference in survival time between patients based on litigation status. (Litigation TTR M = 269 days vs. non-litigation TTR M = 223 days).ConclusionsWhile litigation patients are often stereotyped to malinger and exaggerate symptoms, this data showed that with appropriate matched analysis, there was no difference between litigation/non-litigation patients with TTR. The desire to pursue litigation may be influenced by several factors; athletes were less likely to litigate. These findings are important for physicians and attorneys to consider when tasked with focusing on recovery time in litigation cases.
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Ostafiichuk, L. A. "COMPLETE RECORDING OF COURT BY TECHNICAL MEANS: LEGAL REGULATION, CONTENT AND FUNCTIONS." Actual problems of native jurisprudence 4, no. 4 (August 2021): 104–13. http://dx.doi.org/10.15421/392189.
Abstract:
The article is devoted to the study of the principle of full fixation of the trial by technical means in the procedural legislation of Ukraine using an interdisciplinary approach. It was found that with the exception of the Code of Ukraine on Administrative Offenses, all current procedural codes of Ukraine contain provisions which establishes the obligation of means using the full recording of the trial court including those of the product of the recording – record the court hearing made by technical means. In the commercial, administrative and civil proceedings kinds trial recording can take place not only in court but also outside the court session, the Criminal Procedure Code of Ukraine stipulates that full recording of court hearings and procedural actions with the help of audio and video recording equipment is provided not only during the trial, but also in the cases provided for by this Code during the pre-trial investigation. As a result it is justified that the concept of “litigation” is much broader than the concept of “court hearing” and in the context of the constitutional principle of justice – “completeness of fixation by technical means” – to correctly use the concept of “litigation” and not “court hearing or proceedings”. With international experience analysis of the interaction principles of transparency, openness and publicity of the principle of full trial recording by technical means. It is proved that the consolidation at the level of the Constitution of Ukraine and the procedural legislation of Ukraine of the obligatory recording by technical means of the course of the court session is a necessary addition to the principle of publicity. In order to ensure the openness of the content of the court hearing to the participants of the relevant process and the general public. It is determined that further digitalization of court activities and litigation will lead to a new reading of the traditional principles of litigation. It is substantiated that the completeness of recording the trial by technical means should be ensured by all available means to fully reflect information about events that are recorded to ensure awareness of information that is important for assessment not only by the court in making court decisions but also participants and the public. It is determined that the functions of full recording of the trial by technical means are: fixing, information, technical and modernization, educational, preventive and procedural economy.
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Fattaah, Abdul. "Mediasi dalam Perspektif Teori Penegakan Hukum Goldstein." WELFARE STATE Jurnal Hukum 2, no. 1 (April 29, 2023): 1–18. http://dx.doi.org/10.56013/welfarestate.v2i1.2061.
Abstract:
Law enforcement is basically divided into two types, litigation and non-litigation. Law enforcement by means of litigation is defined as law enforcement within the court mechanism, while for non-litigation it is considered as law enforcement outside the court. Currently, there is a shift in perspective from the public who are starting to resolve their legal issues in a non-litigation way, namely mediation. Goldstein's Law Enforcement Theory offers three types of law enforcement. The question then is what is meant by Goldstein's Law Enforcement Theory and mediation seen from the perspective of Goldstein's Law Enforcement Theory. This paper is of a juridical-normative type which uses a literature approach in its preparation. The conclusion is that Goldstein's Law Enforcement Theory divides law enforcement into three types:Total enforcement; Full enforcement; Actual enforcement. Furthermore, mediation will not eliminate the essence of law enforcement, it's just that in mediation, it must be limited what actions can be resolved by mediation in order to maintain public order
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Schlanger, Margo. "The Civil Rights Litigation Clearinghouse: Origins and Goals." KULA: Knowledge Creation, Dissemination, and Preservation Studies 2 (November 29, 2018): 16. http://dx.doi.org/10.5334/kula.40.
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The Civil Rights Litigation Clearinghouse (http://clearinghouse.net) solves a significant information deficit related to civil rights litigation by posting information about thousands of ongoing and closed large-scale civil rights cases. Documents are OCR’d and searchable; cases are searchable by metadata tags as well as full-text searching. Each case has a litigation summary by a law student. We live in a civil rights era—a time when people are using the courts, among other strategies, to fight for civil rights. The Clearinghouse posts the records of those fights, the stories of civil rights cases—across topics, across regions, across organizations—and makes them searchable, usable, and available to everybody.
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Lee, Chan Yang. "Full digitization of litigation records and blockchain among next-generation electronic litigation - From the point of view of privacy -." Northeast Asian law journal 16, no. 2 (July 31, 2022): 185–217. http://dx.doi.org/10.19035/nal.2022.16.2.8.
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Jang, Hwijin. "Administrative litigation system and structure in the Russian Federation." Korean Administrative Law Association 24 (March 30, 2023): 263–311. http://dx.doi.org/10.59826/kdps.2023.24.263.
Abstract:
This paper provides a comprehensive analysis of Russian administrative litigation, incorporating legislation, case law, and academic scholarship, in order to introduce the system and structure of administrative litigation in the Russian Federation. Indeed, the structure of legal relationships in Russian administrative law is completely different from that in South Korea's administrative law, so there are many aspects that can be compared between Russian administrative litigation law and South Korea's administrative litigation law. Moreover, since administrative litigation law in all countries is based on administrative law, the administrative litigation law in the Russian Federation introduced in this paper can also be compared with South Korea's administrative litigation law.
Currently, the Russian administrative litigation system consists of administrative proceedings and administrative lawsuits. The administrative proceedings system has evolved based on the administrative proceedings system in the Soviet Union, while the administrative lawsuits system has been established in a completely different form from the administrative lawsuits system in the Soviet era. After the collapse of the Soviet Union, the Russian administrative litigation system treated administrative lawsuits as a special type of civil or commercial litigation, while categorizing administrative proceedings as a separate remedy under administrative law. However, with the enactment and implementation of the Administrative Lawsuit Law in 2015, administrative lawsuits were separated from civil and commercial lawsuits and established as an independent litigation system, establishing its own type of lawsuit, alongside the types of lawsuits enumerated in the Russian Constitution (constitutional lawsuits, civil lawsuits, criminal lawsuits, commercial lawsuits, and administrative lawsuits).
Administrative litigation in the Russian Federation refers to the administrative remedy under administrative law, which is carried out by the administrative adjudication committee established by law for administrative agencies or individual administrative systems. One characteristic of Russian administrative litigation is that the appellate body that can cancel or invalidate administrative decisions is the administrative adjudication committee of the superior agency or individual administrative system established by law, and the administrative agency cannot review its own administrative decision. In the case of administrative litigation, it is a full trial based on a lawsuit by the parties involved. The type of administrative litigation is distinguished based on whether the dispute has economic value and whether the administrative action is illegal. In the former case, it is classified into general administrative litigation and administrative commercial litigation, based on the existence of economic value in the administrative dispute. In the latter case, it is classified as administrative violation litigation based on whether there is illegality in the administrative action that imposes legal sanctions for the administrative punishment of illegal administrative acts by administrative authorities. Therefore, the types of administrative litigation in the Russian Federation are composed of 1) general administrative litigation for disputes between administrative entities regarding rights and obligations under administrative law, 2) administrative commercial litigation for disputes regarding economic rights and obligations under administrative law, and 3) administrative violation litigation for administrative punishment of illegal administrative acts by administrative authorities as a lawsuit material.
The characteristics of Russia's administrative litigation system are as follows. First, in administrative adjudication, administrative agencies are bound by their own administrative decisions and cannot review them on their own.
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Roma, Paolo, Federica Ricci, Georgios D. Kotzalidis, Luigi Abbate, Anna Lubrano Lavadera, Giorgia Versace, Floriana Pazzelli, Marisa Malagoli Togliatti, Paolo Girardi, and Stefano Ferracuti. "MMPI-2 in Child Custody Litigation." European Journal of Psychological Assessment 30, no. 2 (January 1, 2014): 110–16. http://dx.doi.org/10.1027/1015-5759/a000192.
Abstract:
In recent years, several studies have addressed the issue of positive self-presentation bias in assessing parents involved in postdivorce child custody litigations. The Minnesota Multiphasic Personality Inventory-2 (MMPI-2) is widely used in forensic assessments and is able to evaluate positive self-presentation through its Superlative Self-Presentation S scale. We investigated the existence of a gender effect on positive self-presentation bias in an Italian sample of parents involved in court evaluation. Participants were 391 divorced parents who completed the full 567-item Minnesota Multiphasic Personality Inventory-2 during child custody evaluations ordered by several Italian courts between 2006 and 2010. Our analysis considered the S scale along with the basic clinical scales. North-American studies had shown no gender differences in child custody litigations. Differently, our results showed a significantly higher tendency toward “faking-good” profiles on the MMPI-2 among Italian women as compared to men and as compared to the normative Italian female population. Cultural and social factors could account for these differences.
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BAĞRIAÇIK, Ahmet, and M. Ayhan TEKİNSOY. "THE TIME OF LITIGATION IN ADMINISTRATIVE JURISDICTION SPECIFIC TO FULL REMEDY ACTION." Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi 26, no. 3 (July 31, 2022): 0. http://dx.doi.org/10.34246/ahbvuhfd.1118906.
Abstract:
Genel olarak dava açma süresi, doktrinde defalarca incelenmiş konuların başında olmasına rağmen tam yargı davası özelinde dava açma süresiyle ilgili tartışmalar, bu kurumun anlamının, öneminin, hukuksal niteliğinin, etki ve sonuçlarının ne olduğunun açıklığa kavuşmamış olmasından kaynaklanmamaktadır. Problemin sebebi, dava açma süresinin idari yargıya anlamını veren ve özellik gösteren iptal davası özelinde düşünülmesidir. Ayrıca idari yargıda dava açma süreleri kısadır. Dava açma süresinin uzun olmasının, mahkemelerin iş yükünü artıracağı, sürekli dava tehdidinin idarenin istikrarını bozacağı ileri sürülen klasik endişelerdendir. Diğer taraftan idari yargıda sürenin kamu düzenine ilişkin olduğu kabul edilmektedir. Bunun bir sonucu olarak dava açma süresi hak düşürücü niteliktedir ve davanın her aşamasında kontrol edilmesi gerekir. Bu yaklaşım tam yargı davası söz konusu olduğunda birçok yönden sorunludur. Tam yargı davası sübjektif niteliği ağır basan bir dava türüdür. Dolayısıyla tam yargı davası özel hukuktaki eda davalarına benzemektedir. Çalışmada idari yargıda dava açma süresinin niteliği ve sonuçları tam yargı davası özelinde ele alınmıştır. Tam yargı davasının iptal davasından uzaklaşan ve özel hukuktaki tazminat davasına yaklaşan niteliği esas alınarak, dava açma süresi üzerinde var olması gereken sonuçlarına dikkat çekilmiştir. Ayrıca idari yargıda dava açma süresinin kısa olmasına gerekçe olarak öne sürülen hususların tam yargı davası için neden geçerli olamayacağı gerekçeleriyle ifade edilmiştir.
Dissertations / Theses on the topic "Full litigation":
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McDougall, Devin. "The role of litigation in American climate policy." Thesis, McGill University, 2010. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=86750.
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This thesis examines the role of litigation in the climate policy process in the United States. To that end, the theoretical framework linking law and policy change developed by Gerald Rosenberg is applied to a case study of Massachusetts v. EPA, a recent Supreme Court decision affecting greenhouse gas regulations. This thesis finds that although litigation faces significant constraints in affecting executive-branch policymaking, litigation can help advance policy change through altering statutory interpretations by administrative agencies.Cette thèse examine le rôle des contentieux dans les processus politiques sur le climat aux États-Unis. Dans ce but, le cadre théorique développé par Gerald Rosenberg, qui lie le droit et le changement de politiques, est appliqué au cas de Massachusetts contre EPA, une décision récente de la Court Suprême touchant la régulation des émissions de gaz à effet de serre. Cette étude conclue que, même si les litiges font face à de sérieuses contraintes en influençant l'élaboration de politiques par la branche exécutive du gouvernement, ils peuvent aider à faire avancer le changement de politiques en modifiant les interprétations réglementaires faites par les administrations gouvernementales.
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Sasamori, Norman Cousins. "Forum non conveniens : foreign plaintiffs and U.S. aviation litigation." Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59926.
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This thesis examines the doctrine of forum non conveniens as follows. First, the preliminary factors for foreign aircraft accident plaintiffs to consider, such as the diminishing deterrents to aircraft accident litigation and requirements for bringing a suit to a U.S. forum, are set forth. Second, the development of the doctrine of forum non conveniens is traced from its origins to the landmark case of Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981) to present. Finally, after examining various model solutions to the problems raised by the doctrine of forum non conveniens, a new solution is proposed.
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Rickman, Neil. "The effects of contingent and hourly fees on litigation outcomes." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=28898.
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This thesis uses a theoretical model to consider whether plaintiffs paying lawyers on a contingent fee basis receive smaller payoffs than those retaining lawyers on an hourly basis. This is the view in England, where contingent fees are illegal. It is also a view recognised in America, where contingent fees are legal and commonly used in some areas of law. The issue revolves around whether contingent fee lawyers will settle cases too soon for their clients to receive a substantial settlement offer. In an incomplete information, multiperiod bargaining model of personal injury litigation, we show that this need not be true: even if lawyers are self-interested, plaintiffs can receive higher payoffs under contingent fees than under hourly ones. Considerable ambiguity surrounds plaintiffs' preferred fee arrangement and the speed at which any settlement occurs under the different fee contracts. The most crucial role in this comparison is played by the distribution of legal expenses between plaintiffs and their lawyers. Our model therefore confirms the payoff ambiguity found in previous literature while being the first to address the settlement timing issue. It also suggests that the issue of how different fee arrangements affect the plaintiff in litigation is somewhat more complicated than policy debates on both sides of the Atlantic have implied.
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Howick, Susan M. "An exploration of the role of system dynamics in the analysis of disruption and delay for litigation." Thesis, University of Strathclyde, 2001. http://oleg.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=21576.
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System Dynamics (SD) is a modelling approach that has been used to support litigation cases that are investigating overruns on large engineering projects caused by Disruption and Delay (D&D). However, the role that SD can play in the analysis of D&D in large projects is not fully understood. The first aim of the research is to explore the appropriateness of SD as a modelling approach in the analysis of D&D for litigation. Criteria on the suitability of SD to model a situation are taken from the SD literature and explored to understand their level of contribution to the research. Experiences from the researcher's involvement in two litigation cases are then used to test how empirical data performs against the criteria. The explorations lead to a revised set of criteria being proposed. These criteria should be used to assess whether or not SD should be used to analyse D&D for any specific litigation case. Testing the data against the criteria also results in lessons for the modelling of D&D. This includes a proposed method of assessing the level of D&D in a project through an analysis of managerial actions. The second aim of the research is to explore the issues that are involved in using SD to analyse D&D for litigation. The approach taken uses the empirical data to test the degree to which SD can meet the purposes of modelling D&D for litigation. This process leads to a number of conclusions. It highlights limitations of using SD in this environment; emphasises the importance that the audience plays in the modelling process; explores the difficulties encountered in gaining audience confidence in the model; provides an appreciation of the validation process required when modelling in this environment. The research provides an initial understanding of the role that SD can play in the analysis of D&D for litigation. It is hoped that this can be built on with future experiences of modelling D&D for litigation.
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Frazier, Peter A. "Making time of the essence : a survey of the use of statutes of repose in general aviation litigation." Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21681.
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This thesis reviews the statutes of repose in force today in the United States and their influence on general aviation litigation. Chapter One will first consider the historical development of statutes of repose and the arguments for and against their use in products liability actions. Chapter One will then review the legislative history of the "General Aviation Revitalization Act of 1994" ("GARA") and identify the factors proffered for enacting a national statute of repose for the benefit of general aviation manufacturers. The remainder of this paper is intended to serve as a practitioner's guide by compiling and analyzing the various statutes of repose and the significant reported case law involving general aviation aircraft. Chapter Two will analyze the provisions of GARA and its related case law. Chapter Three will consist of an analysis of the individual state statutes of repose and their reported general aviation cases.
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Dupeu, Nael. "Les moyens en contentieux fiscal." Electronic Thesis or Diss., Toulon, 2023. http://www.theses.fr/2023TOUL0159.
Abstract:
Le contentieux fiscal nait d’un désaccord persistant entre le contribuable et l’administration fiscale. Le contribuable qui souhaite contester l’impôt doit présenter une réclamation contentieuse au service des impôts compétent avant de pouvoir, le cas échéant, porter le litige devant le juge. Le contribuable et le fisc doivent alors présenter des moyens de nature à justifier le bien-fondé de leurs positions respectives. Le juge de l’impôt doit apprécier les moyens des parties afin de trancher le litige. Cette étude a pour objet de systématiser les moyens dans le contentieux fiscal. Le caractère spécifique du contentieux fiscal a une influence sur les moyens tels qu’ils sont invoqués par les parties et appréciés par le juge. La nature objective du contentieux fiscal implique en effet de réunir des conditions favorables à l’application de la légalité fiscale. Les parties jouissent ainsi d’une grande liberté pour faire évoluer leur argumentation juridique durant la procédure contentieuse. Le caractère purement objectif du contentieux fiscal est parfois source de déséquilibre entre les parties à l’instance fiscale. L’application objective de la loi fiscale est également au cœur de l’office du juge de l’impôt bien qu’il laisse parfois apparaître une forme de subjectivité dans son appréciation des moyens. L’ambition de cette recherche est d’identifier les traits spécifiques des moyens en contentieux fiscalTax litigation arises from a persistent disagreement between the taxpayer and the tax administration. The taxpayer who wishes to contest the tax must submit a contentious claim to the competent tax service before being able, if necessary, to bring the dispute in front of the judge. The taxpayer and the tax authorities must then present means capable of justifying the merits of their respective positions. The tax judge must assess the means of the parties in order to resolve the dispute. The purpose of this study is to systematize the means in tax litigation. The specific nature of the tax dispute has an influence on the means as invoked by the parties and assessed by the judge. The objective nature of tax litigation implies in fact bringing together favorable conditions for the application of tax legality. The parties thus enjoy great freedom to develop their legal argument during the litigation procedure. The purely objective nature of tax litigation is sometimes a source of imbalance between the parties to the tax proceedings. The objective application of tax law is also at the heart of the tax judge's office, although he sometimes reveals a form of subjectivity in his assessment of means. The ambition of this research is to identify the specific features of the means in tax litigation
Books on the topic "Full litigation":
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Crispin, Ken. Lindy Chamberlain: The full story. Boise, Idaho: Pacific Press Pub., 1987.
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Freed, Donald. Killing time: The first full investigation into the unsolved murders of Nicole Brown Simpson and Ronald Goldman. New York: Macmillan, USA, 1996.
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United States. Congress. Senate. Committee on Armed Services. Full committee organization and consideration of subpoena in connection with Oliver North trial. Washington: U.S. G.P.O., 1989.
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Benotto, Mary Lou. The Thibaudeau decision: And the full text of the decisions in Federal Court of Appeal and Tax Court of Canada, Suzanne Thibaudeau v. Her Majesty the Queen : with commentary. Markham, Ont: Butterworths, 1994.
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United States. Congress. House. Committee on International Relations. Subcommittee on Europe. Congratulating Estonia, Latvia, and Lithuania on anniversary of reestablishment of full independence; transfer of Slobodan Milosevic to the International Criminal Tribunal for Yugoslavia; urging the President of Ukraine to support democratic ideals, etc. for Ukrainian citizens: Markup before the Subcommittee on Europe of the Committee on International Relations, House of Representatives, One Hundred Seventh Congress, first session, on H. Con. Res. 131, H. Res. 200, and H. Con. Res. 58, August 2, 2001. Washington: U.S. G.P.O., 2001.
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Caroline. A correct, full, and impartial report, of the trial of Her Majesty, Caroline, Queen Consort of Great Britain, before the House of Peers, on the bill of pains and penalties: With authentic particulars, embracing every circumstance connected with, and illustrative of, the subject of this momentous event interspersed with original letters, and other curious and interesting documents, not generally known, and never before published, including, at large, Her Majesty's defence. Buffalo, N.Y: Hein, 2001.
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Newman, John Henry. Achilli vs. Newman [microform]: A full and authentic report of the prosecution for libel, tried before Lord Campbell and a special jury, in the Court of the Queen's Bench, Westminster, June, 1852 ; with introductory remarks by the editor of The confessional unmasked. London: British Library, 1986.
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(Lahore), Pakistan High Court. Ban lifted after 18 years from Fakhar Zaman's 4 books: Full text of the writ petition & the judgment of Lahore High Court. Islamabad: Pakistan Academy of Letters, 1996.
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1950-, Ball Arnetha F., and National Society for the Study of Education., eds. With more deliberate speed: Achieving equity and excellence in education : realizing the full potential of Brown v. Board of Education. Chicago: NSSE, 2006.
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1950-, Ball Arnetha F., and National Society for the Study of Education., eds. With more deliberate speed: Achieving equity and excellence in education : realizing the full potential of Brown v. Board of Education. Chicago: NSSE, 2006.
Book chapters on the topic "Full litigation":
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Nakagawa, Masayuki. "The Efficiency of the Titling System: Perspectives of Economics." In New Frontiers in Regional Science: Asian Perspectives, 21–30. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-15-8848-8_3.
Abstract:
AbstractThe problem of land with unknown ownership is becoming increasingly evident with Japan’s declining population, low birth rate and aging population. This paper examines the need for the titling system using perspectives from economics and considers what sorts of titling system works for which types of society and looks at ways to deal with the problem of land with unknown ownership. A series of previous researches such as Miceli et al. (Eur J Law Econ 6:305–323, 1998; J Urban Econ 47:370–389, 2000) categorize the titling systems used in many advanced countries as either registration systems or recording systems. In terms of broad categorization Japan’s titling system is categorized as a recording system. However, since the details of registered information are confirmed through various registration procedures, the system also has aspects that resemble a registration system. This can be interpreted as having selected the titling system’s strength that considerably lowers the level of litigation risk. In that case, transaction costs become very high. This could be the cause of the excessively small current level of Japanese real estate transactions. Furthermore, the result of selecting the recording system in Japan, which is a system with a very high strength, could explain why nobody takes insurance to cover the risk of title litigation. In Japan, it is highly likely that the full-fledged population decline, low birth rate and aging population will lower the profitability of land. In that case, a titling system with low strength is likely to be the best for society as indicated in the analysis above.
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Tchermalykh, Nataliya. "Representing the Child Before the Court." In The Politics of Children’s Rights and Representation, 105–28. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-04480-9_5.
Abstract:
AbstractDespite the recent international ascendance of children as independent actors and rights bearers, reiterated by the UNCRC, in the eyes of the state children appear as not-yet-fully-citizens. As minors, they do not have the capacity to launch legal procedures on their own behalf or to formally approach a court of law to vindicate their rights, independently of their parents or legal guardians. In other words, in the twenty-first century, when child-driven effective pro se representation, or a form of representation of a child by a child before the court, still appears utopian, the indispensability of adult legal actors as conduits to children’s access to justice is an undeniable reality and contingent on a multiplicity of social, political and economic factors that influence what forms of children’s representation that is made possible. However, while the representation of children by the third parties has received criticism both in social anthropology, and in (critical) childhood studies, scholars have only rarely addressed forms of representation and active litigation on behalf of the child, conducted by legal professionals in different arenas—in the domestic courts, such as the immigration courts, and in international institutions, such as the EHRC and the UNCRC.This chapter builds on earlier published anthropological and socio-legal analysis of court cases related to migration and political activism as well as on a number of original cases from both national and international tribunals collected through interviews and fieldwork observations. It aims at complexifying the existent models of children’s representation, while tackling broader issues of access to justice of the disadvantaged groups. By laying the focus on interactions among children and their lawyers, the objective is to deepen the conceptual understanding of the ways children and their lawyers conceptualize processes of justice-making and make sense of shifting social and legal terrains around the conceptions of representation. In what way are professional legal representation any different from other forms of representation and are they alienating or empowering? What are the exact legal mechanisms, social processes and agents that enable such cases to become legally actionable and contribute to recognizing children’s role as legal subjects?
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"8.2 Certificate that full argument heard." In Criminal Litigation & Sentencing, 224–29. Routledge-Cavendish, 2000. http://dx.doi.org/10.4324/9781843140047-39.
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Hjärtström, Max, and Julian Nowag. "EU Competences and the Damages Directive: The Continuum Between Minimum and Full Harmonisation." In EU Competition Litigation. Hart Publishing, 2019. http://dx.doi.org/10.5040/9781509922048.ch-001.
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"DOCUMENT 5: CERTIFICATE AS TO HEARING A FULL ARGUMENT ON APPLICATION FOR BAIL." In Criminal Litigation & Procedure, 298. Routledge-Cavendish, 2000. http://dx.doi.org/10.4324/9781843143864-34.
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Lumina, Cephas. "Curbing ‘Vulture Fund’ Litigation." In Sovereign Debt and Human Rights, 498–513. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198810445.003.0027.
Abstract:
The lack of an international legal framework for the restructuring of sovereign debt, and the voluntary nature of current international debt restructuring initiatives have created opportunities for predatory private commercial entities—called ‘vulture funds’—to acquire defaulted sovereign debts at substantial discounts, refuse to participate in debt restructurings and aggressively pursue repayment of the full face value of the debt through litigation, often in multiple jurisdictions. This chapter discusses current official initiatives designed to curb vulture fund litigation and proposes a rethink of the doctrine of sovereign immunity as a key measure to curb the predatory behaviour of ‘vulture funds’. It also discusses the impact of the activities of these 'vulture funds’ on the realisation of human rights, particularly in developing countries, as well other consequences for the countries targeted by ‘vulture funds’
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"20 CERTIFICATE AS TO HEARING A FULL ARGUMENT ON APPLICATION FOR BAIL CERTIFICATE AS TO HEARING A FULL ARGUMENT ON APPLICATION FOR BAIL (CRIMINAL CASES) (Bail Act 1976, s 5; MC Rules 1981, rr 66, 90)." In Criminal Litigation & Sentencing, 244. Routledge-Cavendish, 2000. http://dx.doi.org/10.4324/9781843140047-45.
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Torremans, Paul. "32. Remedies in intellectual property litigation." In Holyoak and Torremans Intellectual Property Law, 640–74. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198836452.003.0032.
Abstract:
This chapter discusses the enforcement procedures used in relation to intellectual property rights, the civil remedies that apply, and some issues which arise in relation to the gathering of evidence in intellectual property cases. It identifies three essential elements in the relationship between intellectual property rights and remedies. First, there are the traditional remedies headed by damages that are normally granted at the trial. Second, intellectual property infringement often requires immediate action or a pre-emptive strike. Finally, gathering evidence that is vital for the full trial in an infringement case.
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Charles, Sara C., and Paul R. Frisch. "Adverse Events: What We Feel and Why." In Adverse Events, Stress, and Litigation, 19–27. Oxford University PressNew York, NY, 2005. http://dx.doi.org/10.1093/oso/9780195171488.003.0003.
Abstract:
Abstract Dr. Laura West, the youngest full-time member of an obstetric-gynecology university faculty, was under the additional pressure of preparing for her specialty board examinations. Faced with a very complex case involving a young woman at risk for a life-threatening bleed from a placental abnormality, Dr. West prepared for every contingency. She had been trained in a high-density litigation environment and anticipated lawsuits with every difficult case regardless of the outcome. Before the patient’s delivery, she planned for the necessary backup and conducted and recorded a detailed informed consent session that included a list of relevant references. “It was the perfect chart. And what could happen, happened.”
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"Pre-Action Protocols." In Expenses, edited by Iain W. Nicol and James S. Flett, 8–17. Edinburgh University Press, 2022. http://dx.doi.org/10.3366/edinburgh/9781474483650.003.0002.
Abstract:
The chapter sets out full details of the Voluntary and Compulsory Pre-action protocols for personal injury claims including the fee scales applicable to each. It also explains the implications of pre-litigation admissions of liability and the situation if an admission is withdrawn.
Conference papers on the topic "Full litigation":
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Khadilkar, Anil V., Claude Laviano, Parris Ward, Michelle Hoffman, and Bruce N. Shyer. "Dynamic Response of Vehicles and Occupants During Full-Scale Sideswipe Crash Tests." In ASME 1998 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 1998. http://dx.doi.org/10.1115/imece1998-0070.
Abstract:
Abstract Many vehicle crashes involve sideswipes. In 1994, NHTSA’s data collected from FARS and GES files showed that sideswipes accounted for 4.6 percent of the total number of motor vehicle accidents. Sideswipe crashes occur at both freeway/highway speeds and at city street speeds and are characterized by one vehicle effectively running along the side of another vehicle. Typically, sideswipes result in vehicle damage with limited penetration; however, the length of damage along the side of the vehicle can be extensive and can result in high damage repair costs. Limited technical literature is available regarding sideswipe crashes, specifically that involving the use of instrumented volunteer occupants. This paper presents details and the results from a sideswipe test conducted by the authors in December, 1997. The test was conducted to recreate an actual sideswipe vehicle crash that was a part of a litigation case the authors were involved in.
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Wilson, Willard. "Was the EPA Right?" In 11th North American Waste-to-Energy Conference. ASMEDC, 2003. http://dx.doi.org/10.1115/nawtec11-1689.
Abstract:
Polk County owns and operates two starved air mass burn municipal solid waste combustors serving a five County region in rural Northwest Minnesota. The plant was constructed in 1987 and began burning MSW in 1988. Each unit has a combustion capacity of 40 tons per day producing energy in the form of saturated steam for two customers in the adjacent industrial park. The plant utilizes a two field electrostatic precipitator (ESP) as the air pollution control device for each unit. In 1996, a materials recovery system was constructed in front of the waste combustors to remove problem/objectionable items. This facility is providing many benefits including reduced stack emissions, lower O & M costs for the WTE units, and revenues from the sales of extracted recyclables. Both facilities have operated successfully since startup. EPA emission guidelines for existing small waste combustors were originally promulgated in December 1995. These guidelines set more stringent limits for pollutants currently regulated and added limits for several other pollutants previously unregulated. However, litigation set aside these 1995 emission guidelines for small waste combustors until they were re-established by EPA in December 2000. Pending release of the year 2000 emission guidelines, the Minnesota Pollution Control Agency stayed the State rule and issued a Rule variance in 1998 that included new limits for mercury, and dioxins/furans. In order to attain compliance with the new State limit for dioxin/furans, Polk began injecting powdered activated carbon into the flue gas of each unit upstream of the ESP. The emission guidelines are technology based, and EPA concluded that small existing waste combustors could maintain operation of the electrostatic precipitators. Compliance with the guidelines could be attained with an ESP upgrade or added collection field in conjunction with the addition of other pollution control equipment. Was the EPA right? Can this technology comply with the guidelines? This paper will discuss the development of an APC retrofit project for a small waste combustor whose goal was to attain full compliance with the revised air emission guidelines while maintaining operation of the existing electrostatic precipitators.
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Wyczalek, Floyd A. "Elementary Computer Modeling Applied to TWA800 Fuel Tank Forensic Issues." In ASME 1998 Design Engineering Technical Conferences. American Society of Mechanical Engineers, 1998. http://dx.doi.org/10.1115/detc98/cie-6021.
Abstract:
Abstract The specific mission was to identify the conditions of atmospheric pressure and ambient temperature under which a so-called empty-Boeing model 747-131 fixed wing jet aircraft center wing tank (CWT), containing a residual fuel loading of about 3 kg/m3, less than 100 gallons of aviation kerosene (JetA Athens refinery commercial jet fuel), could form hazardous air/fuel mixtures. The issues are limited to explosion safety concerns relating to certificated fixed wing jet aircraft in regularly scheduled commercial passenger service. It is certain that a combustible mixture does not exist in a fuel tank containing Jet-A type fuel at ambient temperatures below 38°C (100°F), which is the lean limit flash point (LFP) for commercial jet fuel at sea level. Never the less, although not included in this paper, the original study reported by Wyczalek and Suh (1997), identified six highly unlikely, but rationally possible critical conditions which can occur in a combination which may permit a combustible mixture to exist within a jet aircraft fuel tank and pose a potential hazard. The scope of this paper is limited to mathematical modeling concerns related to fixed wing jet aircraft fuel tanks and commercial jet fuels combustible air-fuel mixture ratios. It was further limited to a historical review of the scientific literature in the public domain from 1950 to the present time, which defined the thermodynamic and minimum ignition energy properties of aviation gasoline and commercial jet fuels; and, to comparisons with new thermodynamic data for JetA Athens flight test samples, released by the National Transportation Safety Board (NTSB) during public hearings on the TWA800 event in Baltimore, Maryland in December 1997. The original work reported by Wyczalek and Suh (1997) conclusively demonstrated that the USAF Wright Air Development Center and the US Bureau of Mines conducted and published comprehensive evaluations of the potential hazards relating to jet aircraft fuel tanks as early as 1952. This historical scientific data and the mathematical models for the new jetA and Athens refinery jetA in this paper, are relevant to pending TWA800 related litigation, and to the future implementation of NTSB recommendations resulting from the TWA800 event.
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Lawless, W. F., Mito Akiyoshi, John Whitton, Fjorentina Angjellari-Dajci, and Christian Poppeliers. "A Comparative Study of Stakeholder Participation in the Cleanup of Radioactive Wastes in the US, Japan and UK." In ASME 2010 13th International Conference on Environmental Remediation and Radioactive Waste Management. ASMEDC, 2010. http://dx.doi.org/10.1115/icem2010-40219.
Abstract:
We review case studies of stakeholder participation in the environmental cleanup of radioactive wastes in the United States, Japan and United Kingdom (e.g., [21,26,27,66,78]). Citizen participation programs in these three countries are at different stages: mature in the US, starting in Japan, and becoming operational in the UK. The US issue at the US Department of Energy’s (DOE) Savannah River Site (SRS) in South Carolina (SC) had been focused on citizens encouraging Federal (DOE; US Environmental Protection Agency, or EPA; and the US Nuclear Regulatory Commission, or NRC) and State (SC’s Department of Health and Environmental Compliance, or DHEC) agencies to pursue “Plug-in-RODs” at SRS to simplify the regulations to accelerate closing seepage basins at SRS. In Japan, the Reprocessing of spent fuel and deep geological disposal of vitrified high-level waste have been among Japan’s priorities. A reprocessing plant in Rokkasho, Aomori Prefecture is expected to commence operations in October 2010. The search of a site for a deep geological disposal facility has been ongoing since 2002. But the direct engagement of stakeholders has not occurred in Japan. Indirectly, stakeholders attempt to exert influence on decision-making with social movements, local elections, and litigation. In the UK, the issue is gaining effective citizen participation with the UK’s Nuclear Decommissioning Authority (NDA). We hope that the case studies from these countries may improve citizen participation.
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Bookoff, Leslie I., and Dinesh N. Melwani. "Strengthening a Patent Portfolio by Smart Patent Procurement." In ASME 2009 4th Frontiers in Biomedical Devices Conference. ASMEDC, 2009. http://dx.doi.org/10.1115/biomed2009-83008.
Abstract:
Medical device developers frequently invest enormous amounts of money and inventor hours to develop and commercialize new devices and treatments. Once commercialized, however, these devices and treatments often can be duplicated by competitors for a fraction of the initial investments. A strong patent portfolio protects these investments by deterring the manufacture, sale, and importation of unauthorized duplications. In addition, a strong patent portfolio can capture venture capital interest and increase a company’s market value. Medical device developers should employ prudent defensive and offensive patent strategies during the early stages of product development. Such strategies not only provide for an effective defense against unauthorized product duplication but also increase the value of their products. This presentation will provide insights into building a strong patent portfolio that can withstand the attacks of competitors. In particular, this presentation will discuss various effective strategies that include: • Timely Invention Capture and Patent Filings — + Discover the activities that can cause an unintentional loss of patent rights and how to avoid them. + Learn the necessary recording and documentation of inventive activity needed to prevail in litigation. + Hear how patents can help you control a competitor’s ability to improve their products by obtaining blocking patents. • Creating a Valuable Application Disclosure — + Use your technical expertise to help your patent attorney fully disclose your invention and all conceivable variations and modifications. + Know why the Patent Office requires disclosing the “best” way of practicing your invention, and how failing to do so can affect your patent rights. • Obtaining Commercially Significant Claims — + Consider what it will take to prove infringement of your claims. + Ensure your claims target as many infringers as possible through the use of various claim types and scope. + Be certain your claims account for future improvements or “design-arounds” to your product. + Ensure your patent attorney is aware of the competition and has drafted claims that cover their devices and foreseeable enhancements. • Inventorship and Ownership — + Understand improper inventorship and how it can destroy patent rights. + Find out who is an “inventor” and how to determine inventorship. + Ensure your company owns the rights to a patent. • Avoiding Patent Procurement Pitfalls — + Learn about the Patent Office’s “Duty of Disclosure” and who must comply. + Ensure your compliance with the “Duty of Disclosure.” + Understand how inventor and corporate failure to comply with the “Duty of Disclosure” can destroy patent rights. In summary, building a strong patent portfolio in concert with a company’s business objectives is imperative in today’s technologically complex and rapidly changing economy. Many successful companies understand that a strong patent portfolio, which protects core technologies and contains offensive and defensive patents, can provide a competitive advantage in the marketplace. By employing the strategies in this presentation, a company can build a strong patent portfolio that reflects present and future business goals and enhances the value of the company.