Articles de revues : « Delegate judge »

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Barabás, Gábor. « Delegated Papal Jurisdiction and the Religious Orders in the Diocese of Veszprém in the First Half of the 13th Century ». Specimina Nova Pars Prima Sectio Medaevalis 8 (7 mai 2022) : 65–81. http://dx.doi.org/10.15170/spmnnv.2015.08.05.

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The paper is a short contribution to the history of papal delegated jurisdiction in Hungary in the first half of 13th century. The main aim of the study is to analyse the participation of the monasteries of religious orders in the diocese of Veszprém at the practical work of the system of papal judge-delegation. The connection could be formed in two quite separated ways: their officials, or as legal persons the convents themselves could function either as papal judges-delegate in foreign litigations, or they could be contestants of their own cases. The paper introduces the known cases of the second group from the selected era, since the main characteristics of the activities as papal judges-delegate are presented as well.

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Tewernussa, Henry Elenmoris, Arpangi Arpangi et Rakhmat Bowo Suharto. « Legal Analysis of the Participation of the Prosecutor Agency in Eradication of Narcotics Crime ». Law Development Journal 4, n^o 3 (17 août 2022) : 446. http://dx.doi.org/10.30659/ldj.4.3.446-453.

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The purpose of this study is to examine and analyze the juridical implications of the role of the Prosecutor's Office in the eradication of narcotics. In this paper, the writer uses the normative juridical method with the specifications of analytical descriptive writing. Article 1 paragraph (3) of Act No. 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia states that the action of the public prosecutor is to delegate the case to the competent district court in matters and according to the method stipulated in the criminal procedure law with a request to be examined and decided by a judge at court. The public prosecutor is a prosecutor who is authorized by law to carry out prosecutions and carry out judges' decisions. A prosecutor at the High Prosecutor's Office or at the Attorney General's Office can sue a person if he or she is first appointed to the District Attorney's Office in whose jurisdiction the offense is committed.

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BARABÁS, GÁBOR. « PAPAL CHAPLAIN AND SUBDEACON EGIDIUS. JUDGE DELEGATE AND LEGATE IN HUNGARY AT THE SAME TIME ? » ИСТРАЖИВАЊА, n^o 28 (27 décembre 2017) : 69–85. http://dx.doi.org/10.19090/i.2017.28.69-85.

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The present paper gives a short summary about the course of life of Egidius, a papal chaplain and subdeacon, who spent ca. three years in the Medieval Kingdom of Hungary in the late 1220’s as a judge delegate. The investigation focuses not on the litigations handled by the papal chaplain, but on one particular task of his, the establishment of the bishopric of Syrmia (Srem) and in connection with that on one main question: what kind of authority Egidius received from Pope Gregory IX for the planned measure. While analysing certain historical situations it is of great importance to establish whether a papal envoy was entrusted as a legate with full power or if he had to fulfil his obligation as a nuncio, with limited authorization. In the Hungarian historiography Egidius is handled traditionally as a legate, but his entire mission in Hungary seems to be of a more complex nature, therefore the question itself requires a new analysis.

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Patricia Yosephin, Priscila. « Analisis Yuridis Pembubaran Perseroan Terbatas (PT) Yang Tidak Beroperasi ». Recital Review 3, n^o 2 (31 décembre 2021) : 314–30. http://dx.doi.org/10.22437/rr.v3i2.15290.

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Dissolution of a limited liability company consists of some methods pursuant to Article 142 of Law No. 40/2007 On Limited Liability Companies, one of which is by a court ruling. According to explanation of Article 146 of the Law on Limited Liability Companies, dissolution of a limited liability company with an excuse that it no longer operates has to be proved with a letter submitted to tax agency. However, the law does not mention who is authorized to submit the letter to tax agency. This research analyses the position of directors and stockholders in the process of dissolution of a limited liability company that no longer operates, the consideration and ruling handed down by the judge in the Verdict of the Supreme Court Number 1618 K/PDT/2016 and the Verdict of the Constitutional Court No. 63/PUU-XVI/2018 concerning legal certainty of position of director and stockholders related to the process of dissolution of a limited liability company that no longer operates, and the legal protection for stockholders in case the director fail to perform their duties and report to related institutions in the process of dissolution of a limited liability company. This research employs normative juridical method and is juridical analytical. The data are collected through library research conducted by document study. The data analysed qualitatively and the conclusion is drawn deductively. The juridical analysis demonstrate that concerning the dissolution of a limited liability company that no longer operates in the Verdict Number 1618 K/PDT/2016, the Panel of Judges state that the director is rightful to submit a letter related tax agency regarding that the limited liability company no longer operates. In relation with the explanation of article 146 paragraph 1 letter C o the Law on Limited Liability Companies in the Verdict No. 63/PUU-XVI/2018, the Panel of Judges state that the explanation is not unconstitutional an has provuded adequate explanation that although director is not mentioned as the organ of a limited liability company that shall submit the letter to tax agency concerning its non-operating company, it has to be clearly understood that the Law on Limited Liability Companies delegate the responsibility of organization of the company only to the director. With this anlysis, it is suggested that more assertive and clear regulations be made in order to prevent various interpretations patricularly in understanding the explanation of the Law No. 40/2007 on Limited Liability Companies.

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Gábor, Barabás. « „super hiis inquiratis diligenter rei veritatem” ». PONTES 4 (20 octobre 2021) : 95–109. http://dx.doi.org/10.15170/pontes.2021.04.01.04.

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The paper discusses a special aspect of the papal-Hungarian relations, namely the operation of the delegated jurisdiction in the second half of the 13th century, from the Mongol invasion of 1241–42 to the death of the last Árpádian king, Andrew III in 1301. The focus of the study is on the cases, in which the judges-delegate appointed by the pontiffs had to face questions of ecclesiastical hierarchy or church-discipline. It is to be determined, when (and partially: why) members of the Hungarian Church turned to the Holy See to make use of the delegation of papal judges. Furthermore, it is to be examined, what was the effect of the authorizations, and if so, under which circumstances did the popes want to intervene in Hungarian matters by using one of their universal tool to shape the regions of Western Christianity, their delegated jurisdiction. The issue of the Bosnian bishopric, the quarrel over the borders between the dioceses of Kalocsa and Pécs, or the allegations and the procedure against Bishop Job of Pécs are all helping to fi nd answers to those questions.

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GKOUTZIOUKOSTAS, Andreas. « "Judges of the Velum" and "Judges of the Hippodrome" in Thessalonike (11th c.) ». BYZANTINA SYMMEIKTA 20 (6 septembre 2010) : 67. http://dx.doi.org/10.12681/byzsym.970.

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The present study focuses on judicial officers coming from Constantinople to Thessalonike in the 11th century. The judge of the theme of Thessalonike was in charge of trying cases in the region. From the second fifth of the 11th century, however, his jurisdiction was extended to the greater financial and judicial unit of Boleron, Strymon and Thessalonike as well. Lead seals and documents from the archives of the monasteries of Athos prove that many of the krites of Boleron, Strymon and Thessalonike had been previously krites of the velum and judges of the hippodrome who performed their duties in the capital and belonged to the ranks of the “small judges”. These judicial officers tried cases that were referred to them, while they could also function as assessors of the “great” or superior judges of Constantinople, i.e. the droungarios of the vigla, the dikaiodotes, the protoasecretis, the eparchos of the city, the koiaistor and the epi ton kriseon. The latter could delegate the authority to try cases to the “small” or inferior judges. Consequently, the judges of the velum and the judges of the hippodrome could also be sent from Constantinople to the themes by the emperor or other officials, in order to examine some cases and then return to the capital. This is confirmed by the primary sources, which mention for example the case of judge of the hippodrome Michael Rhodios, who was sent by Alexios I Komnenos in 1084 from Constantinople to the region of Thessalonike, in order to examine a dispute between the Lavra monastery and the brother of the emperor, Adrian. Some years later Michael Rhodios was sent again to try cases in Thessalonike, but this time as krites of Boleron, Strymon and Thessalonike. Consequently, apart from the judge of Boleron, Strymon and Thessalonike, other judges delegated by the emperor or by high officers could also examine cases there, as happened in other themes. From the 14th century on, as Macedonia developed its own law schools, a person who had acquired legal training and judicial experience in Thessalonike could continue his judicial career in Constantinople.

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Barabás, Gábor. « Der Einfluss der Papsturkunden auf die Schreiben der päpstlichen delegierten Richter in Ungarn in der ersten Hälfte des 13. Jahrhunderts ». Specimina Nova Pars Prima Sectio Medaevalis 7 (7 mai 2022) : 19–37. http://dx.doi.org/10.15170/spmnnv.2013.07.02.

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The influence of papal mandates on the charters of Hungarian papal judge-delegates in the first half of the thirteenth century The paper is a short contribution to the research on the influence that papal literacy exerted on the charters of Hungarian papal judge-delegates in the first half of the 13th century. The main aim of this topic is to identify how and to what extent the characteristics of papal mandates were reflected in the phrases of the relevant Hungarian documents. Furthermore, is it also important to examine how the delegates expressed the importance of their papal authorisation.

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Brewbaker, William S. « Found Law, Made Law and Creation : Reconsidering Blackstone's Declaratory Theory ». Journal of Law and Religion 22, n^o 1 (2006) : 255–86. http://dx.doi.org/10.1017/s0748081400003271.

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Sir William Blackstone's Commentaries on the Laws of England is arguably the single most influential work of jurisprudence in American history. Written in the late eighteenth century, it regularly appeared in American law school classrooms up until the early part of the twentieth century, when ridiculing Blackstone and the Commentaries became a part of legal academic orthodoxy and the influence of the Commentaries waned. Blackstone eventually became the poster child for everything that the realists and their descendants thought was wrong with American law—formalism, natural rights and plutocracy.Both Blackstone's admirers and his detractors have devoted significant attention to his famous account of judging, which holds that judges find (or declare) law rather than make law. In the introduction to the Commentaries, Blackstone states that the judge's job is to determine the law “not according to his own private judgment, but according to the known laws and customs of the land;” the judge is “not delegated to pronounce a new law, but to maintain and expound the old one.” One reason Blackstone's account has been attractive in some quarters is because it supplies apparent answers to a number of problems raised by the idea of judge-made law. If judges merely find and apply authoritative law, their decisions presumptively carry the authority of the law they are applying. Because the law pre-exists the decision, the specter of retroactive liability disappears.

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Sandberg, Haim. « What Happens when the Judiciary Switches Roles with the Legislator ? An Innovative Israeli Version of a Mixed Jurisdiction ». Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, n^o 3 (29 mai 2017) : 40. http://dx.doi.org/10.17159/1727-3781/2012/v15i3a2502.

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Civil Law codices are analytic, abstract and removed from the specific influence of particular cases. When rules are codified In Common Law systems they reflect a collection of rulings and not a collection of analytic principles. These differences stem from the nature and the motivations of the legislative enterprise. Civil-continental legislation originates in a legislative initiative “from above”. It is driven by the aspiration for legal harmony and completeness, and was originally formulated by academics. Legislation in the common-law countries results from a "bottom up" effect in which reality dictates the nature of the developing rules, step by step. Civil law systems like Common Law systems accept the supremacy of the statutory law over judge-made law. Yet when the judiciary has the authority or the power to influence the legislative agenda there is a veritable role switch. In a manner resembling continental-style legislation, the court reviewing existing legislation determines an abstract principle, usually in reliance on a particular constitutional text, and it is the legislature that is required to distill the principles into specific legislative norms, a function normally fulfilled by the common law court. The question forming the basis of this paper is the nature of the legislative process and the legislation produced by this kind of relationship. The paper addresses this question through the narrow prism of a detailed examination of a particular Israeli test case in which the Israeli Supreme Court handed down a ruling on a fundamental principle but on its own initiative delegated to the legislature the task of implementing it and providing a specific legislative enactment of this principle, on the basis of which the Court would then rule on the concrete case. The result in this particular case was that the traditional roles of the respective branches were reversed. The practical result of the move to delegate the implementation of a far-reaching and fundamental ruling to the legislature was a subversion of the fundamental ruling and delayed justice for the parties who sought a resolution of the matter. The paper claims that this mechanism leads to the creation of a new variety of a "mixed-system". The judiciary abandoned its primary obligation, namely to serve as an instance for resolving disputes, while the legislature became an executor of judicially enunciated principles. The law thus enacted resembles, in its detailed and complex language, a common law text while the principle formulated in the judgment of the court resembles a section of an analytical "civil law" statute. When the motivation for legislation stems from the court's directives, rather than the governmental or legislative interests, the legislature or the executive branch has an interest in thwarting the court’s intention through the use of various tactics readily at its disposal. This process also affects the vague and detailed formulation of the legislation, which has a character rather different from the abstract nature of civil law legislation. The lesson that this episode teach us, which the court itself internalized, is that a court cannot really dictate a legislative agenda and that it should instead focus on its designated role – the resolving of concrete disputes.

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Swanson, R. N. « Arbitration, Delegation, Conservation : Marginalized Mechanisms for Dispute Resolution in the Pre-Reformation English Church ». Studies in Church History 56 (15 mai 2020) : 165–81. http://dx.doi.org/10.1017/stc.2019.10.

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The records of diocesan and peculiar courts of late medieval England have received extensive academic scrutiny, generating a reasonably clear picture of a hierarchical pyramid ultimately headed by the papal curia. However, that picture is an incomplete depiction of the totality of the ecclesiastical mechanisms of dispute resolution. Existing scholarship largely ignores the use of arbitrated extra-curial settlements to avoid litigation (or, alternatively, a formal sentence). Concentration on the provincial court hierarchy also marginalizes the more directly papal courts of judges delegate and assorted local agents with judicial powers, which functioned within England between 1300 and the Reformation and bypassed the normal fora. Drawing on a wide range of scattered source material, this article introduces these neglected elements of the church's legal system, including the resident papal conservators appointed at the request of petitioners to exercise a general delegated papal judicial authority on their behalf, whose existence has been almost completely unnoticed. It suggests the significance of arbitration, delegation and conservation within the wider structure, and the need to give them much more attention if the practical importance of canon law in pre-Reformation England is to be properly understood and appreciated.

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Sharafi, Mitra. « The semi-autonomous judge in colonial India ». Indian Economic & ; Social History Review 46, n^o 1 (janvier 2009) : 57–81. http://dx.doi.org/10.1177/001946460804600104.

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Through a survey of 19 leading cases on Islamic dower and divorce between 1855 and 1924, this article explores the ways in which judges acted as semi-autonomous agents by undermining the colonial legislation and personal law treatises they were expected to apply. Contrary to the view that colonial judges consistently reinforced the patriarchal authority of husbands in direct and immediate ways, it suggests that some colonial judges were working in the service of their own chivalric imperialist agenda: the defence of Muslim wives. The article focuses on two particular moves. First, colonial judges encouraged the use of inflated dower, a device intended to make the husband's power of triple talāq too expensive to use. Colonial legislators invalidated inflated dower in various parts of India, but judges confirmed the validity of inflated dower sums whenever possible. Second, judges expanded the use of delegated divorce, a device that helped Muslim wives counter their husbands' right to polygamy and unilateral divorce. In doing so, judges undermined the restricted approach to delegation taken by colonial treatises on Anglo-Islamic law.

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Anderson, Jeffrey H. « Learning from the Great Council of Revision Debate ». Review of Politics 68, n^o 1 (février 2006) : 79–100. http://dx.doi.org/10.1017/s0034670506000015.

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Should judges play a prominent policymaking role through their exercise of judicial review, or should judicial review be exercised to strike down only those acts that clearly violate the Constitution's text or historical context? Prevailing scholarship maintains that the Constitutional Convention debates provide little relevant guidance with which to answer this question. The truth is essentially the opposite: the Convention delegates extensively considered the role that judges should play in policymaking, particularly during their debate over a proposed council of revision. This essay revisits the council of revision debate. It argues that beneath the delegates' clear disagreements lies an apparent consensus, one heretofore largely unrecognized: that whether or not judges should have been invited to play the policymaking role they would have played as members of a council of revision, they should not play a policymaking role while serving on the judicial bench.

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Park, Da-Rae. « Review of the obligation to pay medical expenses in the case of restrictions on liability for medical litigation : Focusing on the court ruling ». Wonkwang University Legal Research Institute 27 (30 juin 2022) : 27–53. http://dx.doi.org/10.22397/bml.2022.27.27.

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In the case of medical malpractice litigations, even if the hospital's negligence is admitted, in most cases restriction on liability is admitted. Since the medical expenses are in return for medical practice, the hospital can claim it when the medical practice is performed according to the contents delegated. In the event of a medical malpractice, if the hospital is not negligent, or if it is completely responsible, it is clear whether the mandate has been fulfilled. But in case of restriction on liability, it is not clear whether or not a medical fee can be claimed. In many cases, courts judge that there is no obligation to pay the total medical expenses regardless of the liability limit rate, while in most cases, medical expenses are calculated by reflecting the liability limit rate. If the obligation to pay medical expenses is judged differently depending on whether it is a claim for damages or a medical expense lawsuit, an unreasonable situation may occur in which the obligation to pay medical expenses is judged differently depending on the timing of payment of medical expenses. If the patient's negligence contributes, the ratio of negligence should be reflected in the medical expenses according to the law of comparative negligence. If the risk of the disease itself is high or the patient's constitutional predisposition limits liability, the proportion of the factor's contribution in terms of fair and reasonable sharing of damages should be reflected in the claim.

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Williamson, Eila. « P.C. Ferguson, Medieval Papal Representatives in Scotland : Legates, Nuncios, and Judges-Delegate ». Innes Review 55, n^o 1 (mai 2004) : 95–97. http://dx.doi.org/10.3366/inr.2004.55.1.95.

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Barrow, Julia, et Paul C. Ferguson. « Medieval Papal Representatives in Scotland : Legates, Nuncios, and Judges-Delegate, 1125-1286 ». American Journal of Legal History 43, n^o 1 (janvier 1999) : 79. http://dx.doi.org/10.2307/846134.

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Barrow, Julia. « Medieval Papal Representatives in Scotland : Legates, Nuncios, and Judges-Delegate, 1125–1286 ». American Journal of Legal History 43, n^o 1 (janvier 1999) : 79–81. http://dx.doi.org/10.1093/ajlh/43.1.79.

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Cadili, Alberto. « Gli hussiti come (mancata) minoranza conciliare al Concilio di Basilea (1431–1433) ». Annuarium Historiae Conciliorum 49, n^o 2 (17 août 2020) : 322–51. http://dx.doi.org/10.30965/25890433-04902005.

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Abstract In 1433 the hussite delegation in Basle wanted to discuss the Four Articles according to the pacts of Eger (the “judge of Eger”), i.e. primarily according to the Bible. The delegates insisted on persuading the other party or on being persuaded by it; they weren’t willing to become a conciliar minority because the decision-making processes were based on the majority-principle. Furthermore, the Council offered a different “judge”: It was the Council itself, because the infallible Church beheld the “monopoly” of the Bible exegesis and transmitted this monopoly to the Synod. In this way it became less relevant to discuss the specific topics of the Four Articles. The Hussites, however, remained outside this doctrine, which was fundamental for the legitimacy of the conciliar decision-making process: they didn’t recognize this new judge and didn’t subdue to him.

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Editorial Team. « 2nd Evidence in Practice Award Open for Entries ». Evidence Based Library and Information Practice 1, n^o 4 (12 décembre 2006) : 85. http://dx.doi.org/10.18438/b83k5f.

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The 2nd Evidence in Practice Award is now open for entries. In approximately 750 words, can you describe a case study where your work has influenced clinical practice? We are looking for examples of good evidence-based librarianship practice in a healthcare setting, examples of where librarians and information professionals have influenced clinical practice and patient outcomes. The competition is open to partnerships of clinical and health professionals in the UK. The winning partnership will each receive a Personal Digital Assistant, £500 each towards attendance at a professional conference or course of their choice, plus a free delegate place at the 3rd Clinical Librarian conference. Prizes are jointly sponsored by NLH and BMJ Group. Entries can be submitted up to 31st March 2007 after which anonymised case studies will be judged by an independent panel combining clinical and information expertise. The judges' decision will be final. The award will be presented at the 3rd UK Clinical Librarian Conference, 11th & 12th June 2007, St William's College, York Minster, where the award winners will an opportunity to share their example of successful practice. Online entry for the award is available at: http://www.insitefulsurveys.com/Survey.asp?SI=110406111828

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Mavroidis, Petros C., et Louise Johannesson. « Black Cat, White Cat : The Identity of the WTO Judges ». Journal of World Trade 49, Issue 4 (1 août 2015) : 685–98. http://dx.doi.org/10.54648/trad2015027.

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World Trade Organization (WTO) judges are proposed by the WTO Secretariat and elected to act as ‘judges’ if either approved by the parties to a dispute, or, by the WTO Director-General in case no agreement between the parties has been possible. They are typically ‘Geneva crowd’, that is, they are either current or former delegates representing their country before the WTO. This observation holds for both first as well as second instance WTO judges (e.g., Panellists and members of the Appellate Body). In that, the WTO evidences an attitude strikingly similar to the General Agreement on Tariffs and Trade (GATT). Whereas the legal regime has been heavily ‘legalized’, the people called to enforce it remain the same.

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Watt, DER. « Shorter notice. Medieval Papal Representatives in Scotland : Legates, Nuncios, and Judges-Delegate, 1125-1286. Paul C Ferguson ». English Historical Review 115, n^o 460 (février 2000) : 180–81. http://dx.doi.org/10.1093/enghis/115.460.180.

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Watt, D. « Shorter notice. Medieval Papal Representatives in Scotland : Legates, Nuncios, and Judges-Delegate, 1125-1286. Paul C Ferguson ». English Historical Review 115, n^o 460 (1 février 2000) : 180–81. http://dx.doi.org/10.1093/ehr/115.460.180.

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Williams, Matthew. « Legislative language and judicial politics : The effects of changing parliamentary language on UK immigration disputes ». British Journal of Politics and International Relations 19, n^o 3 (11 mai 2017) : 592–608. http://dx.doi.org/10.1177/1369148117705272.

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Why does the British government increasingly lose immigration cases in court? More broadly, what can explain the changing behaviour of appeal court judges? It is because government powers to manage immigration, delegated by Parliament, are increasingly couched in indeterminate language. Indeterminacy in legislation not only allows for executive discretion but also encourages litigation. Parliament has therefore provided the cause of action, and judges are not being ‘activist’. This argument revitalises, with nuance, the legal model of judicial behaviour. New evidence supports the claim, with discourse analysis of all 1233 sections of immigration legislation enacted from 1905 to 2016 showing an increase in indeterminacy. Logit regression modelling of 252 immigration appeal cases between 1970 and 2012 shows that changes to language and the administration of the law can explain the outcome in 73% of cases.

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Thordarson, David B., Lew C. Schon, Cesar de Cesar Netto, Jonathan T. Deland, Scott J. Ellis, Jeffrey E. Johnson, Mark S. Myerson, Bruce J. Sangeorzan et Beat Hintermann. « Consensus for the Indication of Lateral Column Lengthening in the Treatment of Progressive Collapsing Foot Deformity ». Foot & ; Ankle International 41, n^o 10 (27 août 2020) : 1286–88. http://dx.doi.org/10.1177/1071100720950732.

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Recommendation: Progressive collapsing foot deformity (PCFD) is a complex 3D deformity with varying degrees of hindfoot valgus, forefoot abduction, and midfoot supination. Although a medial displacement calcaneal osteotomy can correct heel valgus, it has far less ability to correct forefoot abduction. More severe forefoot abduction, most frequently measured preoperatively by assessing talonavicular coverage on an anteroposterior (AP) weightbearing conventional radiographic view of the foot, can be more effectively corrected with a lateral column lengthening procedure than by other osteotomies in the foot. Care must be taken intraoperatively to not overcorrect the deformity by restricting passive eversion of the subtalar joint or causing adduction at the talonavicular joint on simulated AP weightbearing fluoroscopic imaging. Overcorrection can lead to lateral column overload with persistent lateral midfoot pain. The typical amount of lengthening of the lateral column is between 5 and 10 mm. Level of Evidence: Level V, consensus, expert opinion. CONSENSUS STATEMENT ONE: Lateral column lengthening (LCL) procedure is recommended when the amount of talonavicular joint uncoverage is above 40%. The amount of lengthening needed in the lateral column should be judged intraoperatively by the amount of correction of the uncoverage and by adequate residual passive eversion range of motion of the subtalar joint. Delegate vote: agree, 78% (7/9); disagree, 11% (1/9); abstain, 11% (1/9). (Strong consensus) CONSENSUS STATEMENT TWO: When titrating the amount of correction of abduction deformity intraoperatively, the presence of adduction at the talonavicular joint on simulated weightbearing fluoroscopic imaging is an important sign of hypercorrection and higher risk for lateral column overload. Delegate vote: agree, 100% (9/9); disagree, 0%; abstain, 0%. (Unanimous, strongest consensus) CONSENSUS STATEMENT THREE: The typical range for performing a lateral column lengthening is between 5 and 10 mm to achieve an adequate amount of talonavicular coverage. Delegate vote: agree, 100% (9/9); disagree, 0%; abstain, 0%. (Unanimous, strongest consensus)

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Afesha, Nigussie. « Judicial Power Decentralization in Ethiopia : Practical Limitations and Implications on Self-governance of Regional States ». Mizan Law Review 13, n^o 3 (31 décembre 2019) : 363–83. http://dx.doi.org/10.4314/mlr.v13i3.2.

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Ethiopia’s Constitution provides for a parallel –federal and state– court system. While federal courts entertain cases of federal matter, state courts adjudicate regional matters. However, there are ambiguous issues and practical limitations relating to this judicial power decentralization, some of which have an undesirable implication on the self-governance of regional states. These are the federal versus state matter controversy, the scope of the Federal Judicial Administration Council’s involvement in the nomination of state court judges, lack of standard criteria to calculate the cost regional state courts incur in exercising delegated judicial powers and the issue of cassation over cassation on state matters. Several challenges arise from the distribution of judicial authority in Ethiopia. First, regional states have done little with regard to distinguishing state matters from federal matters, and claiming reimbursement for costs they incur in exercising delegated federal judicial power. Second, the federal Supreme Court allocates nominal compensatory budget without considering the number of federal cases that are adjudicated in state courts and accordingly computing the cost incurred while state courts exercise delegated federal judicial power. Third, cassation over cassation on state matters seems to be inconsistent with the federal arrangement. These factors indicate gaps in the decentralization of judicial power which necessitate constitutional and legislative measures that can rectify these limitations commensurate with the power of regional states to exercise judicial power in regional matters. Key terms Judicial power, Federalism, Decentralization, Self-governance, Ethiopia

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Burd, Gary. « 8–10 April, 2002 : Highland fling : Biochemical Society Meeting No. 676, University of Heriot-Watt, Edinburgh ». Biochemist 24, n^o 3 (1 juin 2002) : 25–30. http://dx.doi.org/10.1042/bio02403025.

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The campus of Heriot-Watt University welcomed the Biochemical Society with open arms, and even managed by Gary Burd to tempt some on to the dancefloor -- oh yes … we saw you! Around 400 delegates attended the meeting, (Executive Editor) which included colloquia on tetrapyrroles, amyloidogenic proteins, type II family of G-protein-coupled receptors, 14-3-3 proteins and antibodies. The Society also organized its first Research Colloquium aiming at a more relaxed, informal atmosphere, and this was judged a great success. The drinks reception was held at the Edinburgh City Chambers, and was hosted by Councillor Maureen Child (Executive Member for Finance).

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Koo, AKC. « The role of the English courts in alternative dispute resolution ». Legal Studies 38, n^o 4 (2 octobre 2018) : 666–83. http://dx.doi.org/10.1017/lst.2018.13.

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AbstractThe purpose of this article is to examine the interaction between the court and alternative dispute resolution (ADR) in the legal administration of civil justice. It addresses the following questions. What is the relationship between ADR and the concept of justice? How do we make sense of the anti-ADR views, in particular the serious threat to the rule of law? What role does, and should, the court play in alternative processes? It argues that integrating ADR into the court system broadens the notion of justice and its access, and that, under the rule of law, judges should play a more central role to ensure the use, quality and integrity of alternative processes. This paper extends our understanding of the relationship among justice, ADR and the court from an internal perspective. It also points out the need to expand the case management responsibilities of judges, and their delegates in the Online Court, on ADR.

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Simmons, Michaela Christy. « Becoming Wards of the State : Race, Crime, and Childhood in the Struggle for Foster Care Integration, 1920s to 1960s ». American Sociological Review 85, n^o 2 (27 mars 2020) : 199–222. http://dx.doi.org/10.1177/0003122420911062.

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Using archival materials from the Domestic Relations Court of New York City, this article traces the conflict between private institutions and the state over responsibility for neglected African American children in the early twentieth century. After a long history of exclusion by private child welfare, the court assumed public responsibility for the protection of children of all races. Yet, in an arrangement of delegated governance, judges found themselves unable to place non-white children because of the enduring exclusionary policies of private agencies. When the situation became critical, the City sought to wrest control from private agencies by developing a supplemental public foster care system. This compromise over responsibility racialized the developing public foster care system of New York City, and it transformed frameworks of child protection as a social problem. The findings highlight the political salience surrounding issues of racial access in the delegated welfare state. Tracing how the conflict over access unfolded in New York City child protection provides an empirical case for understanding how the delegation of social welfare to private agencies can actually weaken racial integration efforts, generate distinct modes of social welfare inclusion, and racialize perceptions of social problems.

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Manion, Melanie. « Chinese Democratization in Perspective : Electorates and Selectorates at the Township Level ». China Quarterly 163 (septembre 2000) : 764–82. http://dx.doi.org/10.1017/s030574100001465x.

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Progress in democratization is widely judged by how well elections function as instruments allowing ordinary citizens to choose political leaders to represent their preferences. In January 1999, I travelled to villages and towns in Chongqing as a member of a Carter Center delegation invited by the National People's Congress (NPC) to observe the electoral processes that produce delegates to people's congresses, chairmen and deputy chairmen of these congresses, and government leaders at the township level. The Carter Center is an American nongovernment organization associated with Emory University, with an executive board chaired by former President Carter. As part of its mission to enhance freedom and democracy, the Center has observed and reported on Chinese village elections in delegation visits that began in 1996. Ours was the first delegation to observe people's congress elections, however. Only weeks before we visited Chongqing, voters a hundred miles away, in Sichuan's Buyun township, elected a head of township government in an unprecedented exercise of authority vested constitutionally and legally in their people's congress delegates. Juxtaposing the experience of the Buyun elections with the normal processes by which township leaders emerge offers a useful perspective from which to consider electoral mechanisms of representation in China today. My main conclusion is that these mechanisms are designed to align voter preferences with the preferences of Communist Party committees. Ordinary voters and people's congress delegates have choices among candidates in elections at the township level, but these choices are normally constrained by Communist Party committee pre-selection of candidates designated for positions of leadership.

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Ariyanti, Vivi. « The Role of Judges in Guaranteeing Legal Certainty and Justice : An Analysis to the Application of Judicial Independence Principle in Criminal Cases in Indonesia ». International Conference of Moslem Society 3 (12 avril 2019) : 201–9. http://dx.doi.org/10.24090/icms.2019.2574.

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The duty and obligation of a state based on law is to provide protection for the public from all possible crimes, so that the state has a role in conducting prevention and repression of crime, and this cannot be separated from the implementation of criminal law by the state, as a tool to protect the public. The authority of the state to provide criminal sanctions is then delegated to law enforcement officers working in a system known as the Criminal Justice System. The criminal justice system itself is strongly influenced by the community environment and the field of human life. Therefore, the criminal justice system will always experience interaction, interconnection, and interdependence with its environment and sub-systems of the criminal justice system itself. One of the supporting sub-systems that have a very important role in implementing the criminal justice system is the court, which contains judges who are authorized by law to adjudicate. Judges in their capacity as authorities in the legal field have freedom as a form of independence in carrying out their duties. This independence does not mean that judges are freed from all obligations and responsibilities, but the independence of judges has the meaning of their existence as bearers of moral responsibility for upholding justice. This paper discusses the role of judges in ensuring legal certainty and justice in society, especially in handling criminal cases. This paper uses normative and philosophical analysis to the application of judicial independence principle in adjudicating criminal cases in the Indonesian criminal justice system.

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Pulatova, Zulfiya. « Problems and solutions for assessing the knowledge of students in distance learning ». Общество и инновации 1, n^o 1/s (20 octobre 2020) : 484–89. http://dx.doi.org/10.47689/2181-1415-vol1-iss1/s-pp484-489.

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To improve the quality of education, the management process distance learning has been built systematically. The concept of a quality assessment system for distance learning presupposes the presence of diagnostic and evaluative procedures implemented by various subjects of state administration entity. It has been delegated separate powers to assess quality of education, as well as a set of organizational structures and normative legal materials ensuring the quality of education. As a rule, assessing tasks with the level of knowledge set quality control helps. It is designed and intended to provide feedback and collect basic information that will allow teachers to judge on the effectiveness of the distance learning process, as well as a system control needs to be developed. Taking into account the basic requirements in this system is imperative. Individuality, consistency, variety of forms and methods, comprehensiveness is considered as key factors. In addition, summative assessment should cover all passed material, objectivity, reliability, trustworthiness and validity.

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Król, Michał, et Magdalena Ewa Król. « Simple eye movement metrics can predict future decision making performance : The case of financial choices ». Judgment and Decision Making 14, n^o 3 (mai 2019) : 223–33. http://dx.doi.org/10.1017/s1930297500004290.

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AbstractDecisions are often delegated to experts chosen based on their past performance record which may be subject to noise. For instance, a person with little skill could still make a lucky decision that proves correct ex-post, while a skilled expert could make the best possible use of available information to reach a decision that, with hindsight, turns out incorrect. We aimed to show that one could assess decision skills more accurately when analyzing not only the observed decisions, but also the decision-making process. Incorporating eye-tracking into an established behavioral finance experimental framework, we found that making an eye transition between pieces of information that previous research associated with bias makes one less likely to make good financial decisions in future trials. Thus, even the simplest, easy to obtain eye metrics could allow us to more accurately judge if a person’s performance is a reflection of skill, or down to luck and unlikely to be reproduced in the future.

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Brattberg, Gunilla. « Priority Setting with Regard to Placement on Waiting List to a Pain Clinic ». Scandinavian Journal of Social Medicine 16, n^o 3 (septembre 1988) : 173–78. http://dx.doi.org/10.1177/140349488801600309.

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Short waiting periods for all patients referred to a pain clinic is desirable but ordinarily not possible. In a questionnaire, 25% of the Swedish anaesthetic pain clinics reported a waiting list exceeding 6 months. The long waiting-time shows that some kind of priority setting is necessary. The aim of the present investigation was to study the feasibility of a rational priority setting based on a ranking procedure. Secretary and nurse priority ranked patients according to a system utilizing the physicians's referral and a questionnaire completed by the patient. These priority ratings were compared to the final ranking by the doctor which was done after an interview without access to the questionnaire. The results of the present investigation show that the secretary as well as two nurses generally ‘overestimated’ the patients' pain problems compared with the priority made by the doctor. However, 12 out of 142 patients' problems were ‘underestimated’ but this was deemed to increase risk in only one case. The possible risks with a delegated ranking procedure have, however, to be judged against the disadvantages of no priority setting at all and the advantages of a rational use of staff members. This experiment has indicated the feasibility of a delegated ranking procedure.

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Chen, Runyu, Lunwen Wang et Rangang Zhu. « Improvement of Delegated Proof of Stake Consensus Mechanism Based on Vague Set and Node Impact Factor ». Entropy 24, n^o 8 (22 juillet 2022) : 1013. http://dx.doi.org/10.3390/e24081013.

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The Delegated Proof of Stake (DPoS) consensus mechanism uses the power of stakeholders to not only vote in a fair and democratic way to solve a consensus problem, but also reduce resource waste to a certain extent. However, the fixed number of member nodes and single voting type will affect the security of the whole system. In order to reduce the negative impact of the above problems, a new consensus algorithm based on vague set and node impact factors is proposed. We first use fuzzy values to calculate the ratings of all nodes and initially determine the number of agent nodes according to the preset threshold value. Then, we judge whether a secondary screening is needed. If needed, calculating the nodes’ impact factor based on their neighboring nodes, and combining their impact factors with adjacency votes to further distinguish the nodes with the same fuzzy value. In addition, we analyze the dynamic changes in the composition and scale of the agent node set and give its ideal size through testing. Finally, we compare the proposed algorithm with DPoS algorithm and existing fuzzy set-based algorithms in different scales and network structures. Results show that no matter in what kind of network structures, the effectiveness of the proposed algorithm is improved. Among which, the most noticeable improvement is seen in complex network structures.

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Abidin, Moch Zainal. « Pidana Bersyarat Perspektif Kitab Undang-Undang Hukum Pidana Dan Fikih ». Al-Jinayah : Jurnal Hukum Pidana Islam 1, n^o 2 (1 décembre 2015) : 342–82. http://dx.doi.org/10.15642/aj.2015.1.2.342-382.

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Abstract: This study aims to assess conditional criminal act in Criminal Code and Islamic jurisprudence. Conditional criminal act according to Criminal Code is a kind of crime where the convict does not have to undergo the punishment, except he has violated the general or specific requirenments of court during pre-determined. On the Islamic jurisprudence perspective, conditional criminal act is caterized as diyât and ta’zîr. Diyât is a kind of criminal penalty that provides a number of property within a certain size, given by the offender to the victim or his heirs. While ta’zîr is a legal authority delegated by state to a judge to decide the criminal cases. In ta’zîr, a judge has fairly broad authority to choose any types of crime that are appropriate to the circumstance of the offense and the perpetrators. Looseness or facilities provided to a judge do not reduce the initial goal of punishment as an attemp to improve the criminal actors in order to keep the benefit of people.Keywords: Conditional criminal act, Criminal Code, Islamic jurisprudence. Abstrak: Artikel ini mengkaji tentang pidana bersyarat dalam Kitab Undang-Undang Hukum Pidana dan fikih. Pidana bersyarat menurut Kitab Undang-Undang Hukum Pidana, merupakan suatu pidana di mana terpidana tidak usah menjalani pidana tersebut, kecuali bilamana selama masa percobaan terpidana telah melanggar syarat-syarat umum atau khusus yang telah ditentukan oleh pengadilan. Jika dianalisis dari sisi fikih, pidana bersyarat dikatagorikan masuk dalam diyât dan ta’zîr. Diyât merupakan suatu jenis pidana yang memberikan sejumlah harta dalam ukuran tertentu, yang diberikan pelaku tindak pidana kepada korban atau ahli warisnya. Sedangkan ta’zîr merupakan kekuasan dalam memutuskan suatu perkara diserahkan kepada negara dan selanjutnya diserahkan kepada hakim. Di dalam ta’zîr ini, hakim mempunyai wewenang yang cukup luas untuk memilih jenis pidana yang sesuai dengan keadaan tindak pidana serta diri pelakunya. Kelonggaran atau kemudahan yang diberikan kepada hakim tidak mengurangi tujuan awal dalam setiap pemidanaan, sebagai wujud memperbaiki diri pelaku demi terjaganya kemaslahatan di dalam masyarakat.Kata Kunci: Pidana bersyarat, Kitab Undang-Undang Hukum Pidana, fikih

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Mohr, Johannes. « Between Pacifism and Patriotism : Walther Schücking (1875–1935) ». Volume 62 · 2019 62, n^o 1 (1 janvier 2021) : 275–302. http://dx.doi.org/10.3790/gyil.62.1.275.

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Abstract: Literature describes Walther Schücking (1875–1935) as an ‘outsider' in the ‘conservative academic milieu' of his lifetime, and advocate for the lex ferenda or ‘future lawyer'. With his writings on the ‘organisational pacifism', Schücking advocated a new system to regulate State sovereignty through international law, and he soon came into opposition to the ‘almost canonical' positivist legal understanding of his colleagues. Though Schücking served as the first German judge at the Permanent International Court of Justice in The Hague, was one of the six delegates to negotiate the Treaty of Versailles on behalf of the German government, and a politician committed to the young Weimar Republic, he at times fell into obscurity. Nevertheless, academic literature has covered the life and work of the pacifist, politician, scholar, and judge Walther Schücking in great detail. What is less-noticed, though, is Schücking's patriotism. Many contemporaries at the time were confused or even signalled incomprehension at how Schücking combined ‘his pacifist world views with the demands of national politics', and how Schücking stood up for the protection of ‘Reichsinteressen' (‘Reich's interests') after the First World War. This paper analyses Schücking's patriotic stance, and how he integrated his understanding of patriotism into his pacifistic engagement and thinking. It will conclude that, for Schücking, there was no contradiction between his pacifism and patriotic engagement, and that he was far from following the path of patriotic radicalization. However, some critical remarks can be made about the ‘enlightened “true” patriotism' claimed by many pacifists.

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Son, Jaemin, Jaeyoung Kim, Seo Taek Kong et Kyu-Hwan Jung. « Leveraging the Generalization Ability of Deep Convolutional Neural Networks for Improving Classifiers for Color Fundus Photographs ». Applied Sciences 11, n^o 2 (9 janvier 2021) : 591. http://dx.doi.org/10.3390/app11020591.

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Deep learning demands a large amount of annotated data, and the annotation task is often crowdsourced for economic efficiency. When the annotation task is delegated to non-experts, the dataset may contain data with inaccurate labels. Noisy labels not only yield classification models with sub-optimal performance, but may also impede their optimization dynamics. In this work, we propose exploiting the pattern recognition capacity of deep convolutional neural networks to filter out supposedly mislabeled cases while training. We suggest a training method that references softmax outputs to judge the correctness of the given labels. This approach achieved outstanding performance compared to the existing methods in various noise settings on a large-scale dataset (Kaggle 2015 Diabetic Retinopathy). Furthermore, we demonstrate a method mining positive cases from a pool of unlabeled images by exploiting the generalization ability. With this method, we won first place on the offsite validation dataset in pathological myopia classification challenge (PALM), achieving the AUROC of 0.9993 in the final submission. Source codes are publicly available.

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Son, Jaemin, Jaeyoung Kim, Seo Taek Kong et Kyu-Hwan Jung. « Leveraging the Generalization Ability of Deep Convolutional Neural Networks for Improving Classifiers for Color Fundus Photographs ». Applied Sciences 11, n^o 2 (9 janvier 2021) : 591. http://dx.doi.org/10.3390/app11020591.

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Deep learning demands a large amount of annotated data, and the annotation task is often crowdsourced for economic efficiency. When the annotation task is delegated to non-experts, the dataset may contain data with inaccurate labels. Noisy labels not only yield classification models with sub-optimal performance, but may also impede their optimization dynamics. In this work, we propose exploiting the pattern recognition capacity of deep convolutional neural networks to filter out supposedly mislabeled cases while training. We suggest a training method that references softmax outputs to judge the correctness of the given labels. This approach achieved outstanding performance compared to the existing methods in various noise settings on a large-scale dataset (Kaggle 2015 Diabetic Retinopathy). Furthermore, we demonstrate a method mining positive cases from a pool of unlabeled images by exploiting the generalization ability. With this method, we won first place on the offsite validation dataset in pathological myopia classification challenge (PALM), achieving the AUROC of 0.9993 in the final submission. Source codes are publicly available.

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Julijanto, Muhammad. « Perempuan Difabel Berhadapan Hukum ». MUWAZAH 10, n^o 2 (25 décembre 2018) : 183. http://dx.doi.org/10.28918/muwazah.v10i2.1785.

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This paper describes women with disabilities who are facing legal cases, most of which are related to cases of sexual violence. The handling of cases of women with disabilities experienced problems, namely: law enforcers did not have a maximum understanding of the disabled; 2) limited access; 3) limited evidence: 4) difficulty communicating; 5) the community does not want to be a witness; 6) length of legal process; 7) lack of knowledge about the law; 8) there is no assistance in the police department during inspections, the examination room is not easily accessible, and the lack of information for victims; 9) the prosecutor does not provide information if the file has been delegated and; 10) judges have difficulty communicating. Therefore, law enforcers must have the same perception of diffables, so that they get legal justice.

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Gillings, Stuart. « Mrs Hanan Farraj & ; Mr Bassem Farraj vs. 1. King's Healthcare NHS Trust & ; 2. Cytogenic DNA Services Limited ». Clinical Risk 16, n^o 4 (28 juin 2010) : 119–21. http://dx.doi.org/10.1258/cr.2010.010027.

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Mrs Farraj, a patient of a Jordanian hospital, was concerned that her pregnancy might be affected by beta thalassaemia major (BTM). Her obstetrician sent a small, blood-stained and poor quality tissue sample to King's Healthcare NHS Trust to test. King's sent it to Cytogenetic DNA Services Ltd., a private laboratory, with instructions to ‘culture only’. King's analysed the cultured sample and reported that all was well. When the child was born that reassurance proved wrong. He had BTM, with the lifetime consequences for treatment and care which that condition entails. King's analysis had been carried out on maternal not fetal tissue. The parents sued the hospital and the laboratory, and succeeded against both at a High Court trial on liability and jurisdiction. The judge found there had been a fundamental failure of communication between the hospital and the laboratory. King's appealed against the judgment. The Claimants cross-appealed, relying on the judgment but also arguing that King's had a non-delegable duty of care. The Court of Appeal found in favour of King's on the appeal and cross-appeal. The laboratory is liable for the parents' damages and for the legal costs of the parents and of King's. The case has implications for legal advisers and risk managers when services are contracted out to private providers, though the outcome of the argument on non-delegable duty of care may have been different if Mrs Farraj had been directly under King's care as a patient.

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Editorial Team. « Evidence in Practice Award for UK Librarians ». Evidence Based Library and Information Practice 2, n^o 1 (14 mars 2007) : 162–63. http://dx.doi.org/10.18438/b8d01v.

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The Second Evidence in Practice Award in conjunction with the Third UK Clinical Librarian Conference is now open for entries. We hope to bring together case studies that can be shared and used to persuade decision makers of the value of library and information services. The Second Evidence in Practice Award is sponsored by The National Library for Health and BMJ Group Clinical Evidence. It is open to any library & information professional in the UK who, working with health professionals, has made a difference in patient care. You may be working in any sector (e.g. primary or secondary care, consumer health information) and at any type of health organization (e.g. a professional body or a voluntary organization). Partnerships of information and health professionals are invited to enter the competition by providing a structured abstract, describing (in approximately 750 words) how health information provided by their library or information service has impacted patient care or service delivery. Entries can be submitted up to March 31,2007 after which anonymous case studies will be judged by an independent panel combining clinical and information expertise. The judges’ decision will be final. The winners will each receive a Personal Digital Assistant, financial support towards attendance at a professional conference or course of their choice, plus a free delegate place at the Third Clinical Librarian conference. The award will be presented at the Third UK Clinical Librarian Conference, 11th & 12th June 2007, St William's College, York Minster, where the award winners will have an opportunity to share their example of successful practice. For more details, follow the link from: http://www.uhl-library.nhs.uk/clinlibconf2007.htm or contact Linda Ward Library Services Manager University Hospitals of Leicester NHS Libraries Education Centre Library, LGH, Gwendolen Rd. LE5 4PW. Tel: 0116 2588124 Fax: 0116 2588078 Medical Library, GH, Groby Rd. LE3 9PQ. Tel: 0116 2502303 Fax: 0116 2563334 Email: linda.ward@uhl-tr.nhs.uk or lmw12@le.ac.uk Please take a short while to reflect on how you have made a difference and share it with your professional colleagues. On behalf of the EiP Award / CL conference team.

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Redha, M. Alfar. « Isbat Nikah Pasangan Mualaf dalam Hukum Islam dan Hukum Positif di Indonesia ». Al-Adl : Jurnal Hukum 15, n^o 1 (31 janvier 2023) : 106. http://dx.doi.org/10.31602/al-adl.v15i1.9568.

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Marriage certificates are usually given to husbands and wives who have entered into a marriage contract according to Islam but are not legally registered by the state. In the end, the marriage has no legal force. As a result, when a problem arises in the marriage between the husband and wife, they cannot solve it legally because they need a marriage certificate. Marriage cases delegated to the Religious Courts to be confirmed marriages that have been held according to Islam but have yet to be known to the Marriage Registrar. This is different from the case in stipulation Number 14/Pdt.P/2017/PA.Jmb mentions a husband and wife marriage that was held according to Buddhism before both embraced Islam and without renewing the marriage contract according to Islam. This study aims to understand the juridical and normative considerations of the Panel of Judges in granting the request for confirmation of marriage and how to analyze the stipulation. This research is a case study using a normative-juridical approach. The data analyzed was carried out in a descriptive-analytical manner. The data that has been collected is obtained by interview and documentation methods. In this case, interviews were conducted with the Jambi Religious Court Judges, and documentation was in the form of several literature books and journals related to the research theme. The resulting research shows that the Panel of Judges granted the application for a marriage certificate in the determination based on the considerations of Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage and the opinion of ash-Shafi'i as contained in the book al-Umm. This determination does not violate provisions in Islamic Law and Positive Law. In positive Law, there are no rules regarding the marital status of converts after converting to Islam, so this paper is expected to contribute material for consideration to complement the marriage rules in Indonesia so that it can make it easier for the Panel of Judges to determine similar cases. Keywords: Marriage Confirmation; converts; Islamic Law; Positive Law.

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Kuzmenko, O. V., et P. R. Levchuk. « Implementation of the principle of competitiveness of the parties and free- dom in the presentation of their evidence to the court in the criminal process of some countries of the world ». Uzhhorod National University Herald. Series : Law, n^o 64 (14 août 2021) : 313–16. http://dx.doi.org/10.24144/2307-3322.2021.64.57.

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One of the tasks of criminal proceedings is to protect the individual, society and the state from criminal offenses, which is achieved through the implementation of other tasks, in particular, by ensuring a rapid, complete and im-partial investigation and trial. In this case, any procedural decisions in criminal proceedings must be based on evi-dence that serves as a kind of link between the event of a criminal offense and the consciousness of the investigator, prosecutor, investigating judge, court. Evidence itself is the main content of criminal procedure in both the pre-trial investigation and in the judicial stages of criminal proceedings in most countries.The authors note that the Constitution of Ukraine as one of the main principles of justice provides for adversarial parties and freedom in providing the court with their evidence and proving their persuasiveness before the court. Factor The Criminal Procedure Code of Ukraine has significantly expanded the scope of this principle of the do-mestic criminal process, including in the field of evidence. Thus, the defense, as well as the prosecution, was given the opportunity to collect evidence during the pre-trial investigation, as a result of which the right of the parties and other participants in criminal proceedings to submit evidence (things and documents) is becoming increasingly important.The article also examines that the principles of criminal procedure in France include: the principle of formality, prosecution, legality, equality, dignity, protection of the victim, urgency of the trial, presumption of innocence, publicity, oral and adversarial proceedings. And the main principles of the criminal process in Germany include: the principle of formality (publicity); the principle of charge; the principle of legality and the principle of compulsory research. A characteristic feature of modern law in the field of criminal procedure in the United States is the consis-tent expansion of the institution of delegated legislation. The US Congress has delegated to the Supreme Court the right to establish rules of criminal procedure that have the force of federal law.

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Wooten, William, et Erich P. Prien. « Synthesizing Minimum Qualifications Using an Occupational Area Job Analysis Questionnaire ». Public Personnel Management 36, n^o 3 (septembre 2007) : 307–14. http://dx.doi.org/10.1177/009102600703600308.

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Determining minimum qualifications is largely an impressionistic process loosely related to training and education ratings of individuals. In determining and publishing minimum qualifications, the hiring official essentially delegates the authority for individual assessment of competency to external agencies. Minimum qualifications are, at best, a surrogate estimate of an individual's potential to perform the target job duties based on inferred knowledge, skills and abilities and competencies required for effective performance. Also, this requires the additional inferential leap backward in time to the individual's experience. Validation research on minimum qualifications has been limited, and, in application, the procedure is supported by a very impressionistic and global judgment process. The project described employs a systematic procedure linking the knowledge, skills and abilities and the competency content for an occupational area to the typical education, training and experience activities judged as required to achieve functional competence. Minimum qualifications for any single target position can then be synthetically derived from the database.

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Garipova, Rozaliya. « Muslim Female Religious Authority in Russia : How Mukhlisa Bubi Became the First Female Qāḍī in the Modern Muslim World ». Die Welt des Islams 57, n^o 2 (23 juin 2017) : 135–61. http://dx.doi.org/10.1163/15700607-00572p01.

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On 11 May 1917, the participants of the All-Russia Muslim Congress elected a woman, Mukhlisa Bubi, as a qāḍī (a Muslim judge) to the Central Spiritual Administration of Muslims of Inner Russia and Siberia. Granting legal authority to a woman at a central religious institution was unprecedented in the Muslim world. This article explores how this election was possible in Russia and suggests that it was the outcome of several factors. First, Muslim women of the Volga-Ural region already occupied a well-established place in traditional Muslim education, and many women were part of the Islamic scholarly culture. Second, modernist (Jadīd) religious scholars and intellectuals had brought up the issue of women education and female schooling, and supported the formation of a network of young women who made new claims about women’s education, rights, and active public stance in serving the nation. Among these were Bubi’s brothers. Third, the Russian revolutionary atmosphere worked as a catalyst for promoting the claims of women activists and provided the Jadīds the opportunity to take over the authority at the Central Spiritual Administration. Finally, Mukhlisa’s election seems to be a compromise between conservative and feminist/liberal groups in the society, and seems to have therefore been acceptable to most male congress delegates.

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Mihalache, Iurie, et Constantin Mihalescu. « The impact of digital technologies on the activities of law professionals and authorized mediators ». National Law Journal, n^o 3(245) (février 2022) : 57–67. http://dx.doi.org/10.52388/1811-0770.2021.3(245).06.

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The digitalization of the public system and, implicitly, of the justice system have been accelerated by the appearance of the Covid-19 virus. Legal professionals: judges, prosecutors, lawyers, legal advisers, bailiffs, mediators, etc., took full advantage of this facility offered by the digitalization tool. According to the agreement on the text of the Council’s conclusions draft regarding “Access to justice - capitalizing on the opportunities offered by digitalization” considering the reunion on 7th October 2020, the use of artificial intelligence tools should not affect the decision-making power of judges, nor the judicial independence. A legal decision must always be carried out by a human being and cannot be delegated to an artificial intelligence instrument”. We consider, thus, that the person who interprets a text of law must have a balanced approach, so as not to exceed the limits, and the law must be interpreted both in the letter and in its spirit. In order to be able to interpret the law in its spirit, that person must possess a true civic education integrating a multitude of disciplines. The evolution of current education tends to rather create individuals lacking a real civic education, fact which would lead, implicitly, to the training of individuals unable to pay due attention to the spirit of a legal act. Disadvantaged in this regard will be lawyers and mediators, in general, as they have to deal with situations involving a high dose of subjectivism.

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Brand, Paul A. « The Origins of the English Legal Profession ». Law and History Review 5, n^o 1 (1987) : 31–50. http://dx.doi.org/10.2307/743936.

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Shortly after Henry II had succeeded to the English throne, Richard of Anstey commenced litigation against his cousin, Mabel de Francheville. His uncle, William de Sackville, had held a sizeable mesne barony, consisting of at least seven Essex manors and the overlordship of ten knights' fees in Essex and three neighbouring counties. Richard's aim was to secure this property for himself. Mabel claimed that (as William's daughter and heiress) she was rightfully in possession. Richard asserted that she was illegitimate, the issue of a marriage that had been annulled by the Church; and that as Williams's nephew, the eldest son of William's sister, the lands should pass to him, as William's heir. The litigation began in 1158 in the king's court; but once the question of Mabel's status had been raised it was transferred to the Church courts. Her legitimacy was discussed in turn in the court of the archbishop of Canterbury, before papal judges delegate, and finally before the papal court of audience in Rome. The eventual decision was that Mabel was illegitimate. The case then returned to the king's court, and, some five years after the proceedings had begun, the king's court awarded William de Sackville's lands to Richard of Anstey.

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Barabás, Gábor. « Nos tuis supplicationibus inclinati : Pope Innocent IV and the Decline of Delegated Jurisdiction in Hungary in the Mid-13th Century ». Povijesni prilozi 39, n^o 59 (2020) : 7–30. http://dx.doi.org/10.22586/pp.v39i59.10738.

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The paper discusses a special aspect of the papal-Hungarian relations, namely the operation of delegated jurisdiction after the Mongol invasion of 1241-42. The focus of the study is on the revival of the system in the 1240s, and on certain measures of Pope Innocent IV in 1252 and 1254. The first measure of this kind is traditionally considered to be the papal allowance granted to King Béla IV in order to avoid his ecclesiastical and lay subjects being cited outside of the realm. This prohibition, according to the opinion of the Hungarian legal historian György Bónis, was annulled as early as 1259. In the present study, we argue that, although the charters of Innocent IV and Alexander IV are indeed of great importance, their impact should not be overrated. The number of known cases supervised by the papal judges dropped significantly in the 1250s. However, the reason behind this decrease cannot be solely explained by the above-mentioned papal charter; other factors should also be considered in investigating this question.

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Connolly, Jennifer F., Perry A. Zirkel et Thomas A. Mayes. « State Due Process Hearing Systems Under the IDEA : An Update ». Journal of Disability Policy Studies 30, n^o 3 (21 mars 2019) : 156–63. http://dx.doi.org/10.1177/1044207319836660.

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As part of its structure of cooperative federalism, the Individuals With Disabilities Education Act delegates to the states implementation, within broad specifications, of administrative adjudication systems. In light of the centrality of these systems of dispute resolution and the limited research to date, policy makers and practitioners need more current information about the variations in the state hearing and review officer systems nationwide. Based on a survey of state special education directors, this article provides an updated snapshot of due process systems in the 50 states and the District of Columbia. Key findings include the following: (a) the increased predominance of one-tier, rather than two-tier, systems, (b) a similar continuation of the gradual shift toward full-time hearing officers who are attorneys, (c) a corresponding cumulative trend toward administrative law judge agencies, and (d) common problems concerning the length of hearings, the recruitment and selection of hearing officers, and their professional development, with the attendant responses in progress focused on additional training and revised procedures. Overall, in addition to the limitations of a relatively short and structured survey, the key contextual considerations included (a) the predominance of six states that account for the vast majority of the adjudicated hearings, (b) the wide variety among the remaining states, and (c) the interplay with the other indicators of dispute resolution activity, including filings, resolution sessions, and mediation.

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Hidayat, Arif, et Sri Endah Wahyuningsih. « Role Of Prosecutor General Prosecution Of Actors In The Implementation Of Abuse Of Narcotics Crime (Case Study in Magelang District Attorney) ». Jurnal Daulat Hukum 1, n^o 2 (8 juin 2018) : 445. http://dx.doi.org/10.30659/jdh.v1i2.3290.

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Prosecutor as one of the law enforcement agencies in Indonesia have a role in the prosecution, it is stipulated in Article 2 (1) of the Constitution of the Republic of Indonesia Number 16 of 2004 on the Prosecutor of the Republic of Indonesia. Prosecution is the act of the General Prosecutor for criminal matters delegated authority to the District Court in the case and in the manner set forth in the criminal procedure law to demand that tried and sentenced by the judge at the hearing. Drug abusers are people who use narcotics without authority or unlawfully. This study uses empirical juridical approach with descriptive analytical research specifications, types and sources of data are the primary data by conducting interviews and secondary data by performing a literature study, data analysis method logically and systematically. The results showed that the procedure includes the step prapenuntutan prosecution, prosecution and execution. The role of the public prosecutor in the criminal case handling drug abuse is a public prosecutor. Factors inhibiting the role of the public prosecutor in the prosecution that the case file is not yet complete, the type of drug is not on the list of narcotics, modus operandi vary and calling witnesses when the examination before the court, while the effort to overcome that by making the sharing of information between law enforcement, conduct legal counseling, attended a special training program narcotic crime and Attorney for School.Keywords: Role; Prosecution; Narcotics Abusers.

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Krüger, Matti, Tom Driessen, Christiane B. Wiebel-Herboth, Joost C. F. de Winter et Heiko Wersing. « Feeling Uncertain—Effects of a Vibrotactile Belt that Communicates Vehicle Sensor Uncertainty ». Information 11, n^o 7 (6 juillet 2020) : 353. http://dx.doi.org/10.3390/info11070353.

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With the rise of partially automated cars, drivers are more and more required to judge the degree of responsibility that can be delegated to vehicle assistant systems. This can be supported by utilizing interfaces that intuitively convey real-time reliabilities of system functions such as environment sensing. We designed a vibrotactile interface that communicates spatiotemporal information about surrounding vehicles and encodes a representation of spatial uncertainty in a novel way. We evaluated this interface in a driving simulator experiment with high and low levels of human and machine confidence respectively caused by simulated degraded vehicle sensor precision and limited human visibility range. Thereby we were interested in whether drivers (i) could perceive and understand the vibrotactile encoding of spatial uncertainty, (ii) would subjectively benefit from the encoded information, (iii) would be disturbed in cases of information redundancy, and (iv) would gain objective safety benefits from the encoded information. To measure subjective understanding and benefit, a custom questionnaire, Van der Laan acceptance ratings and NASA TLX scores were used. To measure the objective benefit, we computed the minimum time-to-contact as a measure of safety and gaze distributions as an indicator for attention guidance. Results indicate that participants were able to understand the encoded uncertainty and spatiotemporal information and purposefully utilized it when needed. The tactile interface provided meaningful support despite sensory restrictions. By encoding spatial uncertainties, it successfully extended the operating range of the assistance system.

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