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Articles de revues sur le sujet "Attorney (D.C.)"
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Gray, Gary R. « A Comparison of Attorneys’ Reasons for Settlement in Personal Injury Lawsuits ». Journal of Sport Management 4, no 2 (juillet 1990) : 147–60. http://dx.doi.org/10.1123/jsm.4.2.147.
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This study was conducted to determine the reasons that influence the decision to settle a personal injury lawsuit rather than proceed to court for a trial. Additionally, this study compared plaintiff attorneys’ and insurance company attorneys’ reasons for settlement in personal injury lawsuits to determine whether there are significant differences between the two groups. Subjects, 28 plaintiff attorneys and 57 insurance company attorneys, rated the importance of or degree of agreement with 77 statements related to their decision to settle or to recommend settlement. T tests revealed significant differences between the two groups on 31 of the 77 items. Among all 85 attorneys, the top four reasons for settlement were (a) if the opposing attorney offers realistic settlement figures, a jury trial will offer more risk than advantage; (b) settlements are an attractive alternative to a trial partly because of the high costs of litigation; (c) in deciding whether to settle, attorneys attempt to determine the probable verdict in light of the evidence; and (d) attorneys attempt to determine the value of an immediate settlement compared to the uncertainty of a trial.
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Fellmeth, Robert C., Bridget Fogarty Gramme et C. Christopher Hayes. « Cartel Control of Attorney Licensure and the Public Interest* ». British Journal of American Legal Studies 8, no 2 (1 décembre 2019) : 193–233. http://dx.doi.org/10.2478/bjals-2019-0006.
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Abstract The purpose of regulating any profession is to assure competent practitioners, particularly where its absence can cause irreparable harm. Regulatory “licensing” ideally achieves such assurance, while at the same time avoiding unnecessary supply constriction. The latter can mean much higher prices and an inadequate number of practitioners. Regrettably, the universal delegation to attorneys of the power to regulate themselves has led to a lose/lose system lacking protection from incompetent practice while also diminishing needed supply. The problem is manifest in four regulatory flaws: First, state bars—in combination with the American Bar Association—require four years of largely irrelevant higher education for law school entry. Most of this coursework commonly has nothing to do with law. Second, and related, these seven-years of mandatory higher education (that only the United States requires for attorney licensure) impose extraordinary costs. Those costs now reach from $190,000 to $380,000 in tuition and room and board per student—driven by shocking tuition levels lacking competitive check. Third, attorney training focuses almost entirely on a few traditional subjects, with little attention paid to the development of useful skills in most of the 24 disparate areas of actual practice (e.g., administrative, bankruptcy, corporate, criminal, family, taxation, et al.). And schools often pay scant attention to legislation, administrative proceedings, or the distinct areas of law that will be relevant to a student’s future practice. Fourth, state bars rely on supply-constricting bar examinations of questionable connection to competence assurance. In the largest state of California, the bar examination fails about 2/3 of its examinees. This system has fostered an opportunistic cottage industry of increasingly expensive preparatory courses that further raise the cost of becoming an attorney—even after 7 years of higher education. Meanwhile, the bars regulating attorneys in the respective states: a) Do not treat negligent acts as a normal basis for discipline (outside of extreme incapacity); b) Do not require malpractice insurance—effectively denying consumer remedies for negligence; c) Do not allow clients injured by malpractice to recover from “client security funds”; d) Do not require post-licensure “legal education” in the area of an attorney’s practice; e) Do not test attorneys in the area of practice relied upon by consumers—ever; and f) Respond to cost-effective, technology-centric solutions to legal problems not by regulation to assure consumer benefit, but by attempts to categorically foreclose them in favor of total reliance on often unavailable/expensive counsel. No area of state regulation has more openly violated federal antitrust law than has the legal profession. The United States Supreme Court held in 2015 that any state body controlled by “active market participants” in a profession regulated is not a sovereign entity for antitrust purposes without “active state supervision.” Yet four years later, attorneys continue to regulate themselves without such supervision, overlooking the threat of criminal felony and civil treble damage liability.
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Sujatmika, Sujatmika, et Maryanto Maryanto. « The Role of Attorney As the Guards Team Of Security Government And Regional Development In The Prevention Efforts Of Criminal Corruption (Case Study In State Attorney Of Purworejo) ». Jurnal Daulat Hukum 2, no 4 (5 avril 2020) : 557. http://dx.doi.org/10.30659/jdh.v2i4.8369.
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The efforts to overcome of the Corruption by law enforcement can be done by way of prevention (preventive) and prevention (repressive).The problems of this study are: Guards Team Establishment, Security Government and Regional Development in the law enforcement of corruption in the State Attorney of Purworejo. The Role of the Prosecutor as Guards Team of Security Government and Regional Development in the Prevention of Corruption in the State Attorney of Purworejo, a limiting factor of the role of the Prosecutor as Guards Team , Security Government and Regional Development in the Prevention of Corruption in the State Attorney of Purworejo and solutions.This research use socio-juridical approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from interviews with field studies Public Prosecutor in the State Attorney of Purworejo, And secondary data obtained from the study of literature relating to the theory of supervision, authority and law enforcement.Based on the results of research that Purpose of establishing of the Guards Team of Security Government and Regional Development, namely: 1) the loss of doubt the power of the budget (KPA), the power of the commitment (KDP), and implementing activities in carrying out its activities, 2) absorption of the budget properly and on time, and 3) development of Purworejo run properly and without corruption. The role of the Attorney divided into three normative role, the ideal role, and the role of factual. Inhibiting factor is the factor of its own law, law enforcement apparatus which is not widely understood rule of law, the factors supporting infrastructure and inadequate facilities, community factors and cultural factors. Solutions to overcome obstacles, namely: a) Prevention / preventive and persuasive, b) Legal Assistance; c) Coordination with APIPs and / or related agencies; d) Conduct Monitoring and Evaluation; and e) The Enforcement of Repressive Laws.Keywords: Attorney; Corruption; Role; Guard Team of Security Government and Regional Development; Crime.
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Mgoqi, Wallace. « The Work of the Legal Resources Centre in South Africa in the Area of Human Rights Promotion and Protection ». Journal of African Law 36, no 1 (1992) : 1–10. http://dx.doi.org/10.1017/s0021855300009682.
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The Legal Resources Centre (LRC) is a non-profit-making law centre. Its aims are to encourage belief in the value of law as an instrument of justice and to give practical effect to this goal by providing legal and educational services in the public interest. It is controlled and funded by the Legal Resources Trust (LRT) which is a South African charitable and educational trust registered under the Fundraising Act. It is supported by development agencies, corporations, charitable foundations and concerned individuals. The trustees include judges, senior advocates and attorneys. For the fiscal year April 1990 to March 1991 the trustees of the LRT approved a budget of R8.5 million for the work of the LRC's offices.The LRC was established after nation-wide consultations on the desirability of a legal resources centre produced positive feedback from a wide range of constituencies, and it became operational at the beginning of 1979. It seeks to fulfil the following purposes:(a) To provide legal representation for litigants in any court of law, tribunal or body before whom a party may be represented by counsel or attorney.(b) To conduct a programme in legal education and conduct seminars of educational value.(c) To engage in research in legal areas including all matters relevant to the effective administration of justice.(d) To publish the results of any research undertaken by it, and any material relevant to its objects.
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Ahmad et Suganda. « Legal Standing of Non-Governmental Consumer Protection (LPKSM) in Consumer Dispute Lawsuits ». Scientia 2, no 1 (25 janvier 2023) : 476–83. http://dx.doi.org/10.51773/sssh.v2i1.196.
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Consumer losses due to the actions of business actors can file a lawsuit in the General Court using the legalstanding of LPKSM which has a legal entity and is registered and recognized by the government based onArticle 46 paragraph (1) letter c of the consumer protection law (UUPK). This writing aims to determinethe legal basis for the legal standing LPKSM. This research was conducted normatively using a descriptiveanalytical approach. The results of the discussion that the legal basis for the legal standing LPKSM can befound in Article 46 paragraph (1) letter c of the UUPK and Book II of the Supreme Court concerning Guidelinesfor the Implementation of Duties and Administration of Courts in Four Courts page 53 letter F concerningPower of Attorney/Deputy number 1 letter d, which is the the proxy/representative as the Plaintiff/Defendantor Petitioner in Court is “Director/manager or employee appointed from a legal entity” and is in accordancewith Meijers theory, namely the theory of juridical reality (Juridische Realiteitsleer). Legal subjects are LPKSMwhich have legal standing. An example of an LPKSM having legal standing is YAPERMA in decision no.3/Pdt.G/2017/PN.Tlg.
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Rangaswamy, Leela. « FIREARMS AND BALLISTICS. FOR PHYSICIAN AND ATTORNEY. Jules C. Ladenheim and Eric D. Ladenheim. Chapel Hill, North Carolina, Professional Press, 1996. $40.00, 321 pp. » Journal of Bone & ; Joint Surgery 79, no 4 (avril 1997) : 638. http://dx.doi.org/10.2106/00004623-199704000-00029.
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Aritasari, Nanik. « Land Official Responsibilities for Custody of BPHTB Payments ». International Journal of Law Society Services 3, no 1 (30 juin 2023) : 37. http://dx.doi.org/10.26532/ijlss.v3i1.33455.
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The community entrusts BPHTB taxes to PPAT due to the lack of tax literacy related to the method of calculation and payment procedures. This phenomenon raises the question, what is the legal responsibility of a PPAT who receives BPHTB tax deposits. Then, what is the procedure for depositing BPHTB taxes with PPAT. This study is a normative-empirical legal research with descriptive analysis. This research has concluded that the deposit of BPHTB tax payments to PPAT does not yet have legality in statutory regulations or the code of ethics of the notarial profession. PPAT has legal responsibility for carrying out tax payment deposit procedures. Violations or negligence in the process of collecting, reporting or depositing BPHTB can result in criminal, civil, administrative or code of ethics sanctions against PPAT. The stages of the procedure for depositing BPHTB tax payments by PPAT in Karanganyar Regency are: (a) the Taxpayer (client) submits an application to the PPAT; (b) The taxpayer provides a power of attorney to the PPAT to entrust BPHTB tax payments; (c) PPAT performs BPHTB calculations based on information on selling and buying prices from the client; (d) Form filling and document checking as a condition for paying BPHTB taxes to the BKD Karanganyar; (e) BPHTB payments through mechanisms in online portals; (f) Payment verification; (g) PPAT makes a deed; (h) PPAT submits documents to BPN for certificate numbering.
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Boerner, Kathrin, Sara M. Moorman, Deborah Carr et Katherine A. Ornstein. « Insufficient Advance Care Planning ? Correlates of Planning Without Personal Conversations ». Journals of Gerontology : Series B 76, no 1 (7 juin 2020) : 104–8. http://dx.doi.org/10.1093/geronb/gbaa076.
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Abstract Objectives Advance care planning (ACP) typically comprises formal preparations (i.e., living will and/or durable power of attorney for health care) and informal discussions with family members and health care providers. However, some people complete formal documents without discussing them with others. If they become incapacitated, their appointed decision makers may lack guidance on how to interpret or enact their formal wishes. We document the prevalence and correlates of this partial approach to ACP. Method Using multinomial logistic regression models and data from a U.S. sample of 4,836 older adults in the 2018 wave of the National Health and Aging Trends Study (NHATS), this brief report evaluated associations between social integration indicators and the odds of completing (a) both discussions and formal plans (two-pronged ACP), (b) discussions only, (c) no ACP, and (d) formal ACP only (reference category). We adjust for demographic and health characteristics established as correlates of ACP. Results A minority (15%) of NHATS participants reported formal plans without having discussed them. Indicators of social isolation (e.g., smaller social networks and fewer social activities) increased the odds of engaging in formal planning only compared to two-pronged ACP. Socioeconomic disadvantage and probable dementia reduced the odds of having end-of-life conversations, whether as one’s only preparation or in tandem with formal preparations. Discussion Socially isolated persons are especially likely to do formal planning only, which is considered less effective than two-pronged ACP. Health care professionals should recognize that older adults with few kin may require additional support and guidance when doing ACP.
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Berkowitz, Melissa, Allison Hoffman, Anthony Sacco et Norma Coe. « Examining Associations Between Legal Frameworks for Medical Planning and Intensity of End-of-Life Care ». Innovation in Aging 4, Supplement_1 (1 décembre 2020) : 66–67. http://dx.doi.org/10.1093/geroni/igaa057.217.
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Abstract This study aims to understand the correlation between the legal framework around planning for medical treatment and the intensity of care received at the end of life. Advance directives (AD) allow an individual to legally document their wishes for medical treatment and end-of-life care, and durable powers of attorney (DPOA) allow them to identify an individual to make medical decisions on their behalf in the event they are no longer able. These laws vary greatly across time, place, and in their complexity. We estimated fixed effects model, which controls for time-invariant and state-specific factors affecting end-of-life care. Our primary outcome variable is the number of inpatient hospital days during the last six months of life, sourced from the Dartmouth Atlas Project. Our explanatory variables are hand-collected state-level legal statutes including whether the state (a) has default surrogate laws, (b) recognizes the ability to create a DPOA and/or AD, (c) permits oral directives, (d) authorizes a combined AD/DPOA, and (e) provides an official registry for ADs. Preliminary findings show recognizing DPOA and AD are negatively correlated with our outcome variable (-2.6 days; Std err 0.272) as are having default surrogate laws (-0.36 days; std err 0.157). However, allowing oral directives had an opposite effect (-.46 days; std err 0.157). Neither authorized combined AD/DPOAs nor AD registries resulted with significant correlations. These findings indicate that the existence of a basic framework such as default surrogate laws and a law governing ADs are key policy features correlated with reduced intensity in end-of-life care.
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Sulfikar, Sulfikar HR, Ruslan Renggong et Yulia A. Hasan. « ANALISIS PUTUSAN PENGADILAN NEGERI MASAMBA NOMOR 1/ PID.SUS-ANAK/2022/PN.MSB DALAM SISTEM PERADILAN ANAK ». Indonesian Journal of Legality of Law 6, no 1 (5 décembre 2023) : 149–56. http://dx.doi.org/10.35965/ijlf.v6i1.3821.
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Penelitian bertujuan untuk menganalisis Putusan Pengadilan Negeri Masamba Nomor 1/Pid.sus-Anak/2022/PN.MSB berdasarkan Sistem Peradilan Pidana Anak dan faktor yang menjadi penghambat penerapan Sistem Peradilan Pidana Anak di Kabuapten Luwu Utara. Penelitian ini merupukan penelitian normatif-empiris dengan pendekatan kualitatif yang dilakukan di Polres Luwu Utara, Kejaksaan Negeri Luwu Utara dan Pengadilan Negeri Masamba. Metode yanggunakan adalah studi kepustakaan, wawancara, dan dokumentasi. Hasil penelitian menunjukkan bahwa (1) pelaksanaan Putusan Pengadilan Negeri Masamba Nomor 1/Pid.sus-Anak/2022/PN.MSB dilakukan dengan tahapan (a) penyidikan oleh penyidik Anak dari unit PPA, (b) tuntutan yang dilakukan oleh Jaksa Penuntut Anak dan (c) pemeriksaan perkara oleh Hakim Anak di pengadilan dan menghasilkan putusan. Namun, pelaksaann putusan tersebut belum sepenuhnya sesuai dengan Sistem Peradilan Pidana Anak. (2) Faktor penghambat penerapan Sistem Peradilan Pidana Anak di Kabupaten Luwu Utara adalah: (a) aturan hukum yang masih memungkinkan aparat penegak hukum yang tidak bersetifikasi SPPA untuk menangani perkara Anak, (b) penegak hukum: yang terdiri dari Penyidik Anak, Jaksa Penuntut Anak, dan Hakim Anak masih kurang dan masih ada yang belum mengikuti pendidikan teknis SPPA, (c) sarana/fasilitas yang ada belum memadai, (d) masyarakat yang anak atau keluarganya menjadi pelaku tindak pidana sering kali menyembunyikan anak atau keluarganya tersebut, sering pula ada yang menghalang-halangi Penyidik dalam melakukan penyidikan perkara anak. This research aims to analyze the Decision of the Masamba District Court Number 1/Pid.sus-Anak/2022/PN.MSB based on the Juvenile Criminal Justice System and the factors that hinder the implementation of the Juvenile Criminal Justice System in North Luwu Regency. This research is a normative-empirical research with a qualitative approach that was conducted at the North Luwu Police, the North Luwu District Attorney and the Masamba District Court. The methods used were literature study, interviews, and documentation. The results of the study showed that (1) the implementation of the Decision of the Masamba District Court Number 1/Pid.sus-Anak/2022/PN.MSB was conducted with the stages of (a) investigation by the Child investigator from the PPA unit, (b) charges made by the Child Prosecutor and (c) examination of the case by the Juvenile Judge in court and produce a decision. However, the implementation of the decision is not fully in accordance with the Juvenile Criminal Justice System. (2) The inhibiting factors for the implementation of the Juvenile Criminal Justice System in North Luwu Regency are: (a) the rule of law which still allows law enforcement officers who are not SPPA certified to handle cases of children, (b) law enforcers: consisting of Child Investigators, Prosecutors Children, and Child Judges are still lacking and there are still those who have not attended SPPA technical education, (c) the existing facilities are inadequate, (d) communities where children or their families become perpetrators of criminal acts often hide these children or their families, often there are obstacles to investigators in carrying out investigations into child cases.
Livres sur le sujet "Attorney (D.C.)"
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Cravin, Leigh. The probate of the estates of Joe D. Hunter and A. C. Miller : What every American should know about powers of attorney, wills and trusts, conservator and guardianship, representing themselves in probate court and probating a will : two case studies of modern probate court practices. Colorado Springs, Colo : Tree City Press, 2007.
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Calcote, James L. Opinion of Hon. D. C. Glenn, Attorney General of Mississippi : Presiding As Special Chancellor, in the Superior Court of Chancery, at Jackson, June Term, 1854 : In the Case of James L. Calcote, Complainant, vs. Frederick Stanton and Henry S. Buckner, ... Creative Media Partners, LLC, 2021.
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Turley, Richard E., et Barbara Jones Brown. « Do You Plead Guilty ». Dans Vengeance Is Mine, 293—C34P40. Oxford University PressNew York, 2023. http://dx.doi.org/10.1093/oso/9780195397857.003.0034.
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Abstract After John D. Lee’s arrest, he and his wife Rachel are catapulted into the public eye. Deputy William Stokes arrests William Dame. George C. Bates becomes a church attorney, and he and his partner, Jabez Sutherland, become Dame’s attorneys. Wells Spicer becomes Lee’s lawyer. Enos Hoge joins Lee’s defense, as does William Bishop. Seven of those indicted for the Mountain Meadows Massacre remain at large. When Bates tries to negotiate their arrest on condition of bail, Judge Jacob Boreman chastises him. Lee and Dame plead not guilty. Lee’s defense argues for speedy trial, but Judge Boreman postpones it.
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Turley, Richard E., et Barbara Jones Brown. « Boiling Conditions ». Dans Vengeance Is Mine, 261—C31P38. Oxford University PressNew York, 2023. http://dx.doi.org/10.1093/oso/9780195397857.003.0031.
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Abstract Ulysses S. Grant becomes president of the United States. Washington appoints James B. McKean as Utah’s new chief justice. McKean appoints Robert N. Baskin as Utah’s interim federal district attorney. Prosecutors charge Brigham Young with lascivious cohabitation and murder. Latter-day Saints fear Young will be murdered in jail as was his predecessor, Joseph Smith. Young could have escaped into Arizona but chose to fight the charges. John Wesley Powell’s men encounter Jacob Hamblin, Isaac Haight, George Adair, and some Navajos. They spend a night together on the banks of the Colorado River. Hamblin decides the Saints should own the crossing and asks John D. Lee to settle it. Hamblin writes to Young, telling some of what he knows about the Mountain Meadows Massacre. George C. Bates becomes Utah’s district attorney and gets a copy of Philip Klingensmith’s affidavit. He prepares to prosecute the massacre participants.
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Wilson, Sondra Kathryn. « Report of the Secretary for the Board Meeting of October 1927 ». Dans In Search of Democracy, 84–88. Oxford University PressNew York, NY, 1999. http://dx.doi.org/10.1093/oso/9780195116335.003.0016.
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Abstract Extradition Case During the past month the attention of the National Office has been called to three cases in which Southern states are seeking to have returned to their juris diction for trial colored men charged with crime. In two of these cases the National Office has aided. The third case was handled by the District of Columbia Branch. The Edward Glass Case At the September meeting of the Board the Secretary reported regarding the efforts being made by the San Francisco and Northern California Branches to prevent the extradition of Edward Glass to Sapulpa, Oklahoma. This case is still pending. At the request of Mr. Edward D. Mabson, attorney in the case, the National Office wired Governor C. C. Young of California, on September 7, urging that he grant a delay of thirty days in the proceedings in order to permit the presentation of facts and arguments. The National Office also sent data regarding lynchings in the United States and a sworn affidavit regarding lynching in the State of Oklahoma since 1889.
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Wurster, Charles F. « Encores : Five More Bad Actors Were Dispatched ». Dans DDT Wars. Oxford University Press, 2015. http://dx.doi.org/10.1093/oso/9780190219413.003.0017.
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After DDT, EDF’s next pesticide targets were aldrin and dieldrin, both made by Shell Chemical Company. We had sought to block a dieldrin application in Michigan in late 1967, shortly after EDF was founded. That action was partly successful, delaying the application for many months and resulting in the application of less dieldrin. EDF was often accused of being against all pesticides, but that was never true. We were against DDT and several other persistent chlorinated hydrocarbons. Those pesticides were uniquely hazardous because they lasted for many years, traveled freely in the environment, and were ingested by animals and humans everywhere. They were very damaging to wildlife and—as we discovered along the way—they posed cancer hazards to humans. We were also against a purely chemical approach to pest control because integrated control techniques were more effective in controlling pests and contaminated the environment with less chemicals. We had a short list of pesticides that we identified as “bad actors”—all of which were persistent chlorinated hydrocarbons—and we eventually succeeded in getting all of them banned, although this took several years and an immense effort by our attorneys and scientists. On October 16, 1970, EDF filed a legal petition with HEW requesting the establishment of zero-tolerance levels for aldrin and dieldrin in human foods. The petition was written by attorney Edward Berlin and included a comprehensive review affidavit by me with numerous scientific references (Wurster, 1971). A few weeks later, pesticide regulation was transferred from HEW to the new EPA, and from then onward the action was pursued through EPA. I was not present during the hearing that followed. Instead Dr. Ian C. T. Nisbet, then the director of science for the Massachusetts Audubon Society, provided scientific support and attended the hearing. He wrote the next two sections (on aldrin and dieldrin and on heptachlor and chlordane), in which he describes what followed. On March 18, 1971, EPA issued notices of cancellation for all registrations of aldrin and dieldrin (A/D), but the marathon hearings did not begin until July 1973.